Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-10-01

WnOm u u Clrectel n rake return 20 u Nltl'ue
delay" Ample penalties are also prescribed for
its obstruction or evasion.
Such. in brief are the characteristics Of the
writ Of hsbeas cornps as il exists 10 Indiana.
They very nearly the same in all the States
Of the Union
There are other ~ri,s % this ane. Instituted
for the purpose OF b. ngng prisoner ont OF cas
iody TO testify witness. ~ obtnIn the re'iuc
ton of bill. &c hut the writ here spoken OF i
generally knosn oy s~y OF eminence a. the writ
Of habes= corpus-fhe creat.writ ~ liberty.
The constitutions OF all the States guarantee
% their citizens. in some form. the protection Of
this writ The Constitution OF Indiana. article
l. section 81, declares that 1.-The privilege OF the
writ Of hsbels corpus shall not be suspended
cept in case Of rebellion or invasion, and then
ONLY IL the public safety demand il p" The C"n
stturion of the Unfed States mikes rhe s'me
prnvi-ion In the ppwers delegated to Congress.
article section 9 clause 2 IL declares that 'th-
privilege Of the writ of hsheas corpus shall not
be suspended unless when in cases Of rebellion or
INVASION. the public safety NAV require H." Our
fathers having ALWAYS enjoyed and appreciated
the benefits Of the writ coionis's of the British
Government, from which they de ived il. they
took ctre TO mike spefial provi ion in the Con
stitution for its preservation. And il Ia sorne
what remarkable that If all the personal rights
usually denomnatee the rights Of freemen. the
bv them in the body of the Constitution. the
Others being secured by the amendments adopted
in SO
II has been the good fortune Of the American
people never % have heen subjected to the danger
OF a snsrension OF this writ. by any authority
whatever, until the present time We had passed.
through one rebellion that of 1874 i'm Penn
svvania: one understandable Briilsh war of
1912: and one wide spread conspiracv-that Of
- a
sion To suspend the operation Of this great writ.
and thus to endan or the liberties Of the people.
During the Burr conspiracy an attempt in
deed made 10 do so by the introduction OF bill
TO that effect in the lower House Of Congress. hut
the attempt promptly arrested, and the bill
Overwhelmingly defeated
But on the ~ day Of March last. the late Con-
gress Of the United Siates-not themselves de
clarng that the public safety required il. nor
them-e selves declaring the suspension of the writ
enacted that the President OF the United States.
whenever IN his Judgment the public safety NAV
require il authorized To- suspend the privilege of
the writ Of habeis corpus in every State through
out the United States. or any part thereof And
on the 18Th of Septemher instant. the President
of the United States bv virtue Of that act of
Congress issuei his proclamation declaring that
the writ of habeas corpus was suspended through
out the United States in the cases. therein men,
toned.
Comment on such extraordinary proceedings
upon the part Of their executive and legislative
servants, is unnecessary To he made To the Amer
ican people. Suffice IL To saw. that the great
expounder of the law and Constitution Of Eng
land. whence derive the I'll ssngs of this
writ-a land Of monlrrhies and aristocracies-
declares in his commentaries up0n the writ. that
IL is not left tn the erecutice po,ceT determine
when the danger II the State j. co great ~ Il
render this me (suspeusion) excellent. for
IL - the Parliament only, or legislative power
that. whenever il sees proper. can authorize the
Grown. by suspendng the haheas corpus act fpi
a short anil limited time. to imprison susrecte'
persons without giving a reason for so doing
"a Blks i36 Here that in monarchi,
England even the legislative ia the on,v author
itv that can suspend or decide the necessity -
suspending. the gre,t writ of liberty. II can not
"a the more immediate representative of the peo
pie divest itself Of this responsibility. and thu
delegate it's legislative character to an auihnrit'
of strcilv an executive character. further re
novel from the people
Exnerience his not vet taught us the value o
the writ Of habeis carDus. but from present ap
pc frances il urqpes'i n bly, soon will With u
the blessings of 1.-The & and free government have
been cheap and accessible. that they have beer
IA commnnnlaca as the thin air we breathe Br
when we shall have learned nv sad exrerienc
then nerh1rs we shall learn to appreciate IL a
it is appreciated nv the English people who h,v
constantly struggled for il against The encroach
ments of their successive soveregns for "A perO'
OF near six hundred and 6fty years.
IL WIS stated above that the writ of hshe,
cornns was derived bv our fathers from the ins'i
buttons Of England. The English people. thougl
never bv anv me'n free a people as our own
have ever fought for and maintained certain prin
l..
of their mOnarchs Among these stand out il
bold relief the right TO the writ of hheas cornns
AS far back "a the ve1r 1915. and when the
were hut little better than rude blrhsrians. the
| commenced and won the contest for this nrinci
pIe Their King. John. who ascended the thron
/ in 1899. assumed 10 himself m INV arbitrary pow
ers over his subjects. ami committed many net
OF oppression destructive of their liberties. TIL
harons of England. hacked nv the people, the
hut retainers Of the blrons. in arms agains
/ him and c0mrellei him ~ the nOint of rhe swor
To bind himself in an enduring acknowledgment
Of these liher'ies This was Magma Chsrra. arg
nifviag literally the great paper. callei nv tn
| English reople the Great Charter or Charter Z
! their Liberties and was signed nv him AZ Ruuuv
meie. near London. on the 25'h Of June l2l.
! l. consisted Of seventy eight separate article
/ The writ of hlbess corpus is founded upon III
fortv6 article which reads "a follows:
No free man shall he taken: or imnris0nef. {
dsseiSel GOT his ltuds) or outlawet. ar hanisheC
or ANYWAYS Injured: nor will We pass Judgment
upon him send IN offieer) upnn him unles
nv the legal Judgment OF his peers q jury or b
the law Of the land.
Such was the character and effect of this Wind
cation Of their liberties nv the harons and peon
/ of England that they were not again seriou-l
called in question until the reign of Of f iwaT
i fillmore than a century afterwards But Oh
i King having assumed the arbitrary power 10 p
rest and imnrison certain Of his subjects upon u
prefexi Of their having committed treason. IA
and his mnons understood the term. the peoo
OF England through their Parliament comnellt
/ him to acknowledge and reaff~m their consfitr
tonal rights In the wears 1879. 50 ana '55
was required tn approve certain statutes ~ N
effect One of these declsred. "thst ma
sh n be taken or impri~nnei nv suCge-tion
petition 10 the King or his Council. unless nv ]
81 Indictment or the process ~ the comma
w."-rhus acknowledging the personal liher
of his subjects, and the principle Of the writ
haheas corpus which secures that liberty.
From the reien nf iward ri I ~ that of Charl
/, period of go vesrs-the penple of Englsi
seem 20 have had great trouble in main'ainir
the right of personal hbertv. n0tw'thStsnhing VI
RIGHT WIS to some extent disturbed during u
relcns of Henry VIII and Queen Elz beth; ~
We fini IN q hut one Sfafute-thst ~ Henry I
in Isl5-was found necessary 10 exnl'in ~
confirm the RICH, Of the people upon this sulFS'
Ru, when Charles anne To the throne in 90
he Immediately commenced a series Of encroac
mon he liberties of his smile