Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1863-04-20

I we mas un0n
lawful Judgment Of his peers BY the law of the land
4. We will sell to man; we viii not deny to any
either justice right.
This was the voice of people in whose minds
clear perception of legal forms had not vet
dawued: but il was the clear high voice of,liberty
which when once spoken never ceases to echo and
resound from age TO age until the angel shall close
The book of time / love to listen 10 its pealng
strains No music this side of the winged cheru-
bin of God is so sweet to my ear. | coBtras; il
with the harsh discordant notes OF the Executive
usurpations of the present hour, and the abiect
tones of those who feed the smiles Of Executive
i favor. | turn away from the sad omens which
surround us to renew and strengthen my faith in
the ultimate success of free Institutions, by con
templating the scenes through which they have
already passed turn away from the sight of
expiring liberty in this land TO assure myself by
contemplation of other days that it cannot alto
gether die
Mr. Speaker, we cannot over estimate the value
of the victory obtained by the popular will over
the doctrine of the one man power when the Great
Charter was extorted from England's per6dious
king. Every enlightened lover of human freedom
has borne testimony to the Importance Of this
grand achievement The great Earl of Chatham,
in pleading the cause of Constitutional liberty in
l57O, paid tribute to il as follows:
1t il 10 your ancestors my Lords it is to the English
barons that indebted for the laws and cons utions
we possess. Their vrues rude and uncultivated
but they we're great and sincere Their understandings
were little polished their n.anner but they had
hearts TO distinguish right from wrong they had heads to
distinguish truth from fasehoo1; they understood the
rights of humanity and they had spirit maintain them
My Lords think history has bot done justice their
conduct when they obtained from their sovereign that
great acknowledgements Of national rights contained in
Magma Charta they did noconne 1t to themselves alone
but delivered it common blessing to the whole people
Sir James Macintosh dweIls upon il in glow
ing periods. Says that brilliant historian and
sta esman:
whoever in any future age or yet unborn nation may
admire the felicity of the expedeut which
power Of taxation into the shield of liberty by which dis
cretionsry and secret Imprisonment rendered i'm
practicable apd portions the people trained to
ecise larger share of judicial power than ever was
allotted them any ether civilized state, in such
manner to instead Of endangerng public tran
quily whoever exnlts at the spectacle Of enlightened
and independent assemblies, which, under the eye of
well informed nato1 discuss and determine the laws and
policy likely to make communities great and happy who
ever is capable of comprehendng all the effects of such
institutions, with all their possible improvements upon
the mind and genius of people, is sacredly bound
speak with reverential gratitude Of the authors Of the
Great Charter To have produced it. II have preserved
it, to have maured it, constitute the immortal claim Of
England upon the esteem of mankind.
Why. Mr.. Speaker, has Magma Charta been
! thus esteemed bv the wisest. minds of the world
to be worthy OF such lofty encomiums? Why
does it tower up with such magnitude over all
other considerations in the construction of free
governments? The answer is very simple, plain,
brief. 1t is because, in the language of Hume,
/ the historian
This famous deed either granted or secured very i'm
portan liberties and pr vileges every order of
the kngdOm-tO the clergy, the barons, and the
people.
1t is immortal and dear, sir, to all people, and
more especially to the American people at this
time, because in the discussion of its principles
Hallam declares:
From the era therefore, of King Johns charter must
have been clear principle of Constitution that
man can be detained IN prison without trial.
+ lt Is an authority IN point to day against the
daily practices OF hose who now administer the
affairs of this republic, because Sir James Mack
intosh has pronounced its 'crOwliing glories,
which fill the world with grateful admiration to
he ''thOse essential clauses which protect the per-
sonal liberty and property of all freemen, bv
giving security from arbitrary imprisonment and
arbitrary spoliation."
Such, sir, are It's claims upon the dearest affec-
tons of mankind. Ii was born in the hearts of
proud, free race, and its mission on earth was to
confront and resist that pernicious dogma of ty-
rants, that the liberties of the people can in any
event be left to the controlaof any solitary ind-
vidua, whether he be called Gar, Emperor,
/ King or President. And in every contest with
its enemy it has beer eventually victorious The
pebp'e of England compelled their soYereigns to
sOlemnly ratity It more than thirty times in the
space OF four hundred years
But. bearing in mind the causes which pro
duced Magma Charta and the great object il
was designed to accomplish, let us take another
step IN the history of the progress of personal
liberty and personal security In 1927 com
menced that wonderful English revolution which
fills so many memorable and bloody pages of
history 1t commenced the old question
of power. The King arrested Hampton. Oar
ne and other citizens for refusing to paw certain
taxes, and threw them into prison. They ap-
piled to the Court of Kings Bench for the
writ of habeas corpus. in order that it might
be known whether their commitment was ''by
the law of the land" and upon what charge it
was made.
return that they detained by from the
Privy Council informing him Of particular cause Of
imprisonment, but that they committed by the spe
cial command of his Majesty
/ We have had many Su'i' returns in this land
of freedom during the past year. and every mind
will suggest the ready parallel by simple change
of names But in the ds vs. of Charles /, more
than two hundred wears ago, our ancestors did
not allow the subject to drop at the naughty bid
ding even of a king. They the issue. bold
and fierce discussion followed, until the unwar-
ranted arrest aud Imprisonment of five En- dish
men gave rise % the famous PETITION of RIGHr,
which clear and explicit affirmation of the
principles of Magma Charta, and an application
of them TO existing grievances. | quote that
portion of it which so forcibly reminds us of the
high and sacred rights which have been stricken
down by the present Administration in our own
midst:
H. And whereas also by the statute called the Great
Charter Of the Liberties of England it Is declared and
enacted that freeman NAV be taken imprisoned
be dsseized of his freehold liberties, his free
toms. be outlawed exiled, or in any manner de-
stroyed but by the lawful Judgment Of his peers by
the law of the land.
w. And in the eight and twentieth year Of the reign of
King Edward Ill, declared and enacted by author
y OF Parliament that man, Of what estate condition
that be be- should be put out of his lands enements
nor taken imprisoned. disnherited, put
death without being brought 10 answer by due process Of
] law
" Nevertheless against the of said statutes and
other the good laws and uies of your realm that
end prUvd d. divers Of your subjects have of late been
imprisoned without any showed and when, for their
delverance, they brought before your Justices by
your Maesty wrs Of habeas corpus there to undergo
and the should order ahd their keepers
commanded certify the causes Of their detainer.
cause certified that they detained by your
Prvy Council and yet urned back TO several ps
ons without being charged with anything to which they
might make answer according to law.
The king signed new guarantees of liberty TO
meet these complaints, but, in unhappy hour
for him, broke his royal word, and again tres.
passed upon the rights of the people. The strug-
gle again commenced. and ragged until Charles |
fell beneath the ak of the executioner and that
mysterious and unexplained enigma of history.
Oliver Cromwell triumphed over him in the
name of popular right and constitutional govern
ment And though the practical fruits of this
mighty revolution were for long years turned 70
dust and ashes upon the lips of England, vet the
public mind of the world had learned grand and
Overwhelming lesson. The English people taught
mankind of every age and of every country that
I. no sanctity of prerogatye. dignity of blood no
.f Il