Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-03-29

ar6tsray spo'tattOn II Is obvious that its words in
tsrpreted by any honest court Of law convey ample
security for the two main rights OF civil society. From
the era, therefore, Of King Johns Charter II have
can Be dstat,sd In prison qoitlo tiaI whether The
courts ofJusce framed the writ Of habeds corpus In
conformity to the spirit OF this clause, cap. xTx)
found II already In their register It became from that
era e right Of e0sry su1sct % demand Il. That writ,
rendered actively remedial by the sta ute OF Charles
H.. but founded the broad basis Of Magma oharta
Is tie principal 6ultoaTb Of Ea0Iish liberty; and II
eUer temporary circumstances, OR THE DOUBTFUL
oI POLITICAL NECESSITY, sha lead men TO koob fad de-
ntas sotM apathy, e most d5sttngsishls0 esGrae.
feraStto OF our C0sssttttfon s0 Dc erdced -(mddle
Ages, Chap VII; part2) a'
To establish and confirm the rights set forth
In King Johns Charter, cost, on the part OF
our English fathers, an aImost continuous strug-
gle from that period until the Revolution Of
loo9. Magma Charta was indeed always con-
sldered fundamental Law, but the frequent
entertainments made upon II by reignlng mon
archs rendered it necessary that II should oftep-
times be confirmed This was done frequently
during the reign Of the next Henry, and Sir
Edward Coke reckons thirty.two instances In
which IL was solemnly ratified during the cen
Jury that elapsed between the fret Edward and
Henry the Fourth. ~
Two centuries later came the reign OF
Charles |. An ilustrious trial was now 20 be
held between Kingly perogativs on the one
hand and legal government on the other
tireater encroachments were to be made on the
liberties Of the people, and in turn those liber-
tles were to be more firmly established and
more widely extended Charles revived enor-
mites which bis father had not dared 10 pFac-
tlce. lie violated the essential clauses OF Mag
ma Cbatta, as we'll as many subsequent lava
made In accordance with those clauses and de-
Tending the rights and liberties Of the subject
In the list Of the grievances recited by our
Englieh fathers these are prominent: 'illegai
\ exactions," "drbritayy commitments" "quar-
tering Of soldiers or sailor" and "infieHOE Of
punishmsnt by Martial laiO" Against such
encroachment on their ancient liberties guar
ranteed to them 10 the Great Charter four cen
turies before, they determined to provide an
| eternal remedy Tha! remedy they called the
Petition Of Right, and 1t constitutes the second
great charter Of English liberty 10 1t they
pray the King.
That no man hereafter be compelled to make or yield
any GIT, loan bsnevoence, tax, or such like charge
without common consent by act Of parlismen and that
none be called to answer take such oath or to give
attendance, or to be confined otherwise molesed or
dsquieted concerning the same, for refusal thereof
and that no freeman in any such manner as 10 before
mentioned BE- t'lpris0ned or detained and that your
majesty would be pleased to remove the said soldiers
anu marines and that your people may not be 80 Dur
t9ened In time to come and that the aforesaid commits
SONS FOR proceeding By martial lao may % Tspohed
ana dnnnhed and that hereafter no commissions ef
Ine Ike nature may issue forth to any person or per
whatever to be executed as aforesaid lest By Color
the land"
This petition Of right was ratified By Charles
| 10 the most solemn manner 10 the third year Of
his reign, whereby. says Macaulsy (HistoTy Of
England, Vol. 1, Chap. y:
He bound himself again to raise money without
the consent Of both Houses never again 70 iprasoa
any person eDceFt ae due coarse Of ldqe, and nereT
martial,
| In the sixteenth year of the reign of the same
Charles the court Of Star chamber was slso
abolished to the general joy of the Thsle ma
tion. This was a very ancient court with an
original limited jurisdiction, but long before
tha days OF Charles had become su instrument
OF fearful oppression to the people Of England,
and that too in manner strikingly analogous
to the expressions of those who administer our
OWL government to day. Its original legal jn-
risdicti0n Was stretched, as Lord Clarendon tells
us (fiist. of Reb., Book and 81:
To the asserting of all procIamations ard orders of
State; to the vndicatpg of illegal commissions and
grants Of monopolles holding for honorable that which
pleased and for just that which proAed and becoming
both court of law to determine civil rights, and couII
OF revenue to enrich the treasury; the council table by
proclamation enonng to the people that which not
enoined by the laws and prohibiting that which was not
prohibited; and the chamber which consisted of the
same persons in different rooms censuring the breach
and dlSobedence to those proclamaons by very great
hneB imprsoDments, and corporal seventies; 50 that
any drespect to any sets Of State to the persons OF
atate,men was in NO time more penal, and the founda
tlons Of right never more in danger to bs destroyed
These two illustrious grants to civil liberty,
! to wit: The enactment of the Petition of Right
and the abolishment of the Court of Stav-
chamber, belong, indeed, sir, to the reign of
Charles L.. but the heart of Charles went not
with his grants. He was faithless and insinoere.
The eight remaining yearB Of his life were
: spent in struggle with the people against the
: very grants Of liberty be himself had made.
That struggle Was fatal, as such struggles must
, ever be; and in l649. the reign of this over
reaching and misguided King, went down Ia
darkness and blood.
The next great step in the establishment of
the right of personal liberty TO our Saxon
fathers, was taken in the nineteenth year after
. the restoration of Charles ii. to the throne of
; England. It is certainly not unworthy of mer,
tion, sir, that during this reign the slayish ten.
ures introduced by William the Norman, with
all their oppressive appendages, were removed
from incumbering the estates OF the subect
but that which particularly concerns us now. ia
the additional security Of the person of the snb
iect from Imprisonment, obtained by the habsas
corpus act of 1879. "Maena Charta,n says
Blackstone, "only, 10 general terms, declared
Q that no man shall be Imprisoned contrary 10
|, law; the habeds corpus acb points him out ef
fectual means, as we'll to release himself
though committed even by the king in council
: 90 to punish all those who shall thus uncopsti
q tutionally misuse him." This act is indeed
0 the great bulWark Of the English Constitution
/, and is scarcely less beneficial than the ehayte,
I of Runnymede, aud yet, sir, IL only reafirmed
! and made effectual to the people, q right fullv
recognized and established long before. On
this point, again introduce the testimony OF
Hallam: atEb s;AFc
Itisa very mistake he says, and that mt onv
among foreigners but many from whom some knoviss
Of our Constitutional laws might bs expected 10
that this statute OF Charles H. enlarged IN gr,at A..
gree our lbsrtios and forms sort OF epoeh in tbsi
history. But though very beneficial enactment an
emInentlY remedial IN many cases OF .iegal
ment 1t introduced principle nor confsr,ed
right upon the subject From he earliest records of IN
English law, freeman could be detained IN nrso,
except upon criminal charge or Conviction, or for
;, civil debt In the former cass Il was alvav. In M
= power demand OF the Court OF Kings sench wrI
=, OF ha6sda corpus dd su6tcieNdam directed 10 IN
person OBTAINING him In custody BIZ which he was en-
joned to bring mp the body Of the prisoner with IN
warrant Of commitment that the Court might udRe
s sucisney, and remand the party admit him 70 bsil
discharge him. according to the nature Of the charge
v This aor issued ofri0a and could not Be refused 6Y
Court. ltwas not TO besow immunity from arbtru