Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-03-31

como extent the liberties of the citizon by
temporary aud limited suspension of the priv
ilege Of habeas corpus, he says:
But the happiness OF our Consultation 10, that Il
not left to the executive power to determine when III
danger OF the Btae 10 so great to render this meas
uTe expedent; for II Is the Parliament only or
power, that whenever II proper can authorize IN
crown, by suspending tho hdbeas corpus act for shor
and limited time, 10 mprson suspected persons Withou
giving any reason forso doing. Vol. I, p. 1861 N
To the same effect, sir, are tho unanimeul
decisions Of the English courts SINCE the revo
luton Of 1858, nor had tho doctrine thts ss
forth 90 to the personal liberty Of the subject
been In any way contr0veFted since that period
This was tho happy result of tho successive
struggles have briefly eketohed since the day
the Barons met King John at Runnymsde. The
right OF personal liberty, In itself q natural
right inherent in every man, for our English
fathers was now asserted, established and do.
fined by law, and q speedy and effective remo-
dy provided for its infringement. The des-
potiC idea Of the divine right of kinRs had
given way to the democratic idea of the divine
right Of the people; and tho monarch, though
he held scepter and wore crown. was but
the executive officer of their will. King, Lords
and Commons had united in the passage of the
habeas corpus act Of Charles IL; they must
unite again, sir, before its provisions could be
infringed upon in the least particular, or with
reference to single citizen. Bat the etrueples
OF five centuries, the waste OF treasure, and
the How OF blood bad accomplished for the peo.
Pile more than that. Even tho united action of
King, Lords and Commons had it's limits, which
were we'll understood, well established, and
soon reached. The personal liberty of the
subject was secure-ha house was his castle.
and his rights were higher than kingly power.
The time had come, when in the proud words Of
Lord Chatham:
The poorest 10 bis cottage NAV bid defiance IN all
the forces OF the 1t may be fall iis roof NAV
shake the wind may blow through IT. the storm NAV
ter the ram may enter but the King Of England can
not enter IT, All his power dares not cross the threshold
of that ruined tenement.
10 l7oI, our own Constitution was framed.
The American colonists had left behind them
thelr homes and their native land, but not 40.
sir, their rights and liberties under the laws of
England Theao were their birthrieht and
their inheritance, and these were the comnan.
icns OF their exile. In more emphatic terms
than ever they gave expression to them In their
carly forms of colonial government. They
are familiar with the right Of personal libe,tv
and the more jealous OF IL, because in the na,t
they had fed from oppression. They are
familiar with the principle of haJeas corpus.
and eDgraft 1t in every bill of rights. And
When the time came that the colonies we're n
separate from the mother country, ard cur Fed
era Constitution was finally framed in an art;.
Gle devoted exclusively to the organic ,tion
poSers and duties Of Congress, and in a seetjon
OF that article, devoted to limitations OF those
legislative powers, they inserted this clause:
The privilege Of the writ Of habeas corpus shall not
uh II
yasion the public safety may trequire t. iAIt ser
Inc second article Of the Federal CoDakitu-
tion Is devoted to the organization, pos and
duties of the executive department, as the first
10 the organization, powers and duties of the
legslatVe. III the ffamer5 of the Constitution
had intended to confer the power of the suapen-
sion OF habeas corpus, under any circumstances
upon the President, is it not most manifest
that they would have inserted this clsuse in
the second article, and not In the frat.
among the Limitations of the powers of the
Executive, and not among the limitations OF the
powers OF Congress2 Nor can il be said, air, that
30 important clause as this was oarelessly in
serted. The right OF the subject to tho benefit
oil haCeds corpus was as we nave seen tho most
important point In controversy in the long
struggle oil centurles between monarch and
people, between pTeFogative and popular liberty,
between arbitrary government and FREQ instita.
tions. The protection of this writ and conae-
quently OF tho liberties of the people against
executive encrOaChment must have engaged in
an eminent degree tho attention OF men who
had jult rebelled against the authority of their
old government and were now employed in the
formation oil new and, as they supposed, fretr
institutions. Since James H. had been driven
from the throne for executive uanrpation, no
sovereign OF England had pretended to the
power OF snspendlng habeds corpus In sny
emergency or under any circumstances. it
Has definitely and universally understood that
Parliamen! alone possessed that power. The
question with the trainers of our Constitution.
therefore, was not whether the President will
ever attempt the exercise of such poger: of
that they never dreamed, but will the legisla-
two department to which alone this power be.
longa, abnso its exercise? To guard against
such abuse they write thiB clause and virtually
coy that whereas Congress alone possesses the
power Of snspending the privilege of habeas
corpus yet oven Congress shall not exercise
this power "unless when in cases OF rebellion
or INVASION tue public safety may require it,"
In the words OF the venerable Chief Juetice of
the United Siates:' "The Introduction of these
words Is htanding admonition to tho egisla
tive body OF the danger OF suspendiug it, and
OF the extreme caution thoy should exercise
before they give the Government of the United
States Huch power over the liberty of citizen"
10 view OF which do not hestate TO affirm
that tho Preslden, in suspendiDg the privilege
oil the writ OF habeas corpus throughout the
entire Northern and Western States, States in
which there ia neither rebellion nor Invasion"
where the courts are open, the laws in iulb
force, and the officers Of tho Law unimpeded In
the discharge OF their duties, and where, conse-
quently, the "public safety" does not "rtuuire
IL, has exercised power TO which Congress
iteelf 10 not enthled under our Federal Conad-
tuition.
And yet, Mr.. Speaker, this exercise Of des
potic pcFer finds its apologists here; and mem
bers OF this HOnse, eminent for their legal
learning, some OF whose heada have grown
white in its pursuit., have tho astounding of.
ironIery to ALIEN that our revolutionary iatners
Intentionally gave into tho hands of their chief
executive greater power In this respect than
that Posaessed by the sovereign of England.
ls IL cscdible, sir, that AN assembly of men, in
whose veIns ran Saxon blood; whose ia.hers
had beheaded the fest Charles aud driven the
secohd James from hia throne, Tor violations OF
Magma Charta, and who had themselves just
successfully rebelled against George Ill, as
signing 10 "A reason therefor, among Others,
that he had stretched his prerogative beyond
luat limite, in that he had "affscted to render
the military independent of and superior TO
the civil powers" in that he had "depriyed them