Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1863-03-04
Of his liberty,

where n man was deprived of his liberty,
he should be brought before q magistrate
that il might be ascertained whether he
was Justly imprisoned, and if his guilt
was shown, whether the crime was baila-
ble or not Even supposing the writ of
ha5eGs corpus to be suspended, 1 hold that
it does not Justify the illegal lmprison-
ment of anybody. This great right OF
Habeas corpus was emphaticaiiy cnunclated
in England some two hundred years ago.
An humble individual had been imprIs-
oned by the privy council. Parliment
being in session. passed an act which
brought that individual, by the great
writ of ktlJe.ts corpus, face to face before
his accusers. And now, slr, that great
writ which the English Pariiment
interposed for the relief Of single obscure
Individual, is suspended by mere proc
ls,mation as to millions OF people in this
land! In reference to that Aabecls corpus
act of the English Parliment, Hallam
saws that those who think that the pass
aae of that act ct tllat time enlarged Eng
lish liberty are mistaken that ii was but
the reaiiirmance OF the great principles OF
English liberty which had been eXtorted
from King John at Runnymeade by the
Barons That act was passed with the
immediate object of relieving Il single
individual: and | say that no king OF
Great Britain ever claimed that he had
the absolute right 10 suspend the writ of
kabeas corpus l hold that the suspension
OF tha: writ Is exclusively Il legislative
power, although l DO not propose to dis
cuss that question now. L know that on
one occasion the king Of England did sus-.
pend the writ; bat he afterwards apollo
gised for it, acknowledged lie had done
wrong That was the ease referred TO by
the gentlemen from Lancaster. in which
William the Third suspended that writ
IL the time of the troubles in Ireland.
But that monarch subsequently admitted
that in so doing lie lad committed Il vio-
iation Of the law Vet in this free couu-
Try, with a written constitution, the chief
Executive assumes 4 power which has
not been claimed even under despo;ic
governments
How is it possible to meet this question
except by expressing our opinion with
reference 10 these Illegal arrcsts, and pro
testing against them? How else can we
reach the object The writ Of h0jcas
corpus is in vain. The military power
over-rides the Judiciary; and the judi
ciary is trsmpled under foot. Yet gentle
men say, ''why not 90 10 the courts =
1t has aforementioned that general Mont
gomcry has been summoned 10 appear be-
fore the court In Philadelphia But ]
ask why was not Rlr. Buileau taken be-
fore the courts, If he had been guilty OF
any crime Suppose that General Mont
gomery should appear before the court.
where will be the remedy for Mr.. Boil
eau How do we know but that the
Government may direct, as it did III one
other instance in New Hampshire, tha.
the military shall be called 70 prevent the
interposition OF tine judicial power !
What remedy viii Be afforded by the
proceedings now pcn.i:ng IN Philadelphia,
to Mr. Boileau or any c;iicr citizen
For. sir. Mr. Boiieau Is not iie Only citi-
zen who has been dragged of in tli>
night, within the last few days. / honor
Judge Ludlow for the stand which LI
has taken but what good VIII be done.
so far as concerns the liberty Of AIr
Boileau, even should General Montgomery
appear before that tribunal?
think that these resolutions, deciar.
ing our opinien, and expressing oar pro
test upon vital question affecting til,
liberty of the citizen. should be adopted
although their praso!cgy may not exactly
suit :. me gentlemen on the other side
Letter srOns Co., ID II5fh Resl.