The mountain Democrat., 1863-02-07
THE MOUNTAIN DEMOCRAT.
rrnm III. Cincinnati EnauIrsr.
From the Cincinnati Enquirer.
PRINCIPLES OF GOVERNMENT.
THE HABEAs CORPUS AND THE STEVENS LAW
RESPONSIBILITY OF THR JUDICIARY.

MacaulaY relates IN MS review OF Du'
mont's Recolcctions of Mirabeau that be-
fore the French Revolution so little were
even the learned and intellectual Of
France accustomed to reason upon the
powers and uses OF government, that the
maxim that governments were made loI
the people, and not the people for gov,
ernmentS, " startled by its novelty ana
terrified by its holdUess," This maxim,
30 tiaIn anu seH.evIueTe t0&t'1s f4>5':d Seam
next to impossible either to negative or
To forget it, is the one most frequently
lost SIGHT Of in times of political distur-
bance Il is the one upon which our en-
tire system Of polity is avowedly found.
cd ; and yet we, the people OF the Cnl'ed
States arc continually overlooking II;
while it is daily disregarded by the TX
ecutive and Legislative branches Of the
Government.
According to the express provisions Of
the Constitution, no officer u! /. iitcd
SAA.,~1z zrccSt, or cause to b. 'T, Strd,
upon any prctcnSe however u-.... any
person except upon warrant ->r.6 by
the proper legal authority. This war
Aant Caa .jBly issue upon oath or all'rma'
tion, setting forth tcgt grol'rl> Coy tp''
arrest, and describing the party 10 be ar.
rested. Whoever arrests IN any other
manner, or bv any other authority than
this. is q wrong'loer. The dureSs which
he intlicts upon the party seized is " false
imprisonment" for which he is liable in
damages to the full extent of the injury
sustained nor can any other person, cf-
ficer or power, Legislative or Executive,
constitutionay release him irou his La
bnity.
There is a claim set up by ,hc Admin.
iStratiOn and its party that, through the
suspension of the writ Of habraS corpus,
all these constitutional safeguard, of lib.
crty may be at once aunulch, and the
person Of the citizen made >u|,c,t TO ar
rest, with entire impuuity. by any one
having color Of authority from tAe Gov-
ernment. This, even it the haGcAS cor
puS were cOnstitutionaly Susp, n1cd, Is
not true. The suspension is al act ol
force, in dcrogation Of comm N rl-ht, in
every case subject Ia bc called into 4nr>-
tion; and he who suSPcnd>, OF act~ TN
der a suspension prcc.aimci hy ano't,r,
can only excuse lGm>,I Az! g.. ~. a
Judgment in damages. bv ehowlo, tts',
in that particular case. he was '>tlii"i
by the imminency OF putin" da":.r,
which could oniv be avcr'"'l by t"'rV".
rariy denying legal examination 10 tie
party in custody.
To seize men without warrant. even il
cases Of guilt, is high o'f,rs, acpl It
the majesty Of tie law. Inr power go
arrest is in the warrant, not IN the OH r.
The party restraining 4 ci'i2en "f ii> ~.
crty without warrant. u, L." Pr-;! %,
or Constable, caunDt act OH iI.'v aLi
no high official can del sT'. 80 . l'n,r
one power which he 3uc> not iin~,.t
possess. Every party arr">'ir-- n'ri IT.
tainin: another without ,AMIt au.I'r.'y
is private wrong dOcr, and i r. >l-r,.>t.
bile in his own perSan AND Ir', ,r;y -
the injured party.
The su<pc6sina oC the hro,a> O.. rD-
does not confer tie ag'lrTi'y {" .J.r,. '.
with any process know" e.. '.'. e ''
charging, arrestia-. r.n:i' "-, 'r.. '
Furnishing persons >p>"" tvf - 1'-ga
Il does not justify ho.Ias tt'n 'r,.-
tudy, dcnvirs to them tl,.. ;lLH' u' tr..'.
or rrotracIing detention into l,.r;,Lncr'
nor does it justify turning tn,u r,o~.. NJ
the means md the opporW'uI .o have
their innocence established before h.tr.
tribunal.
The seizure. inpriS iS1nm2nt a"d r:'S.
charge Of citizens, wt,hout arru>a' ~ ..'.i
without trial, is, in itself, l.'>- ;"ir;>ou-
menL Proof Of these facts j. all that Is
necessary to establish TIE ~ i.s.; Il '"
can the perSnn prosecuted fnt th' at -
behind them to show, by way "a iusj'!..
cation. that the party S,i@e! lad TX -u
guilty of crime against the State Al
who have been arrested, therefore, have
cause Of action against tie PERSONS ~
resting and detainlng them; ha," a rj.'
to insist that their seizure and dot"n
was from unjust and malicious IN.
and arc entitled 10 exemplary 3.-,e
accordingly.
There is now an attempt Of Il .rty
in power TO screen It's in>trUm fD'..
consequences Of their acts of tyr ". \
bill has passed the Lower Iio', r.H-
gresS which recitcS that ,nit
safety required the privl,.-. Nr,t
OF habcsS corpus to he Su>t aa!
that some arrests and M 1a"niu,ii'S
we're made in consequence therrtt;' and
provides:
''That all such suspensions arrests and
imprisonmcEts. by whom>otv,r caE>,d 10
be made, shall be confirmed and made
valid, and the President, Sccrr'ar;e, and
heads Of departments. and all conccrnei
or advising such acts, are hereby iulrm
nitied and discharged in respect thereto q;
and all indictments, in!ogmationS, sNit>,
prosecutions and proceedings, wherever
commenced, or to be commenced, against
the President or any other per>oN, are
hereby discharged and made void
It only needs a recollection Of the plain.
est principles Of common justice to un.
derstand that this law, so far as it pur.
ports to take from any citizen prccX
isting right Of action, is totally void. 1t
is to every intent and purpose, an ex
post factO Law, to enact which is express.
ly forbidden by the Constitution. No
party but one utterly hc>ottcl and mad
with malice and fanaticism would dare
to put upon record such damning tcsli.
mOnial sgainst itself; and the memory OF
this law, like many Of the DEGREES Of the
French Constituent Assembly, will stand
0s another example of the curses which,
in its own name, are committed against
human liberty.
This bill will probably pass the other
branch Of the National Legislature, and
Hill receive the signature of the Pre>i-
dent. 1t is party measure. devised by
the party Of the Administration in self
defense. We call attention to the fact
that the journals Of that party, if they
say nothing in its favor, say nothing