The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1863-04-03
HABEAS CORPUS

| In order to show what great principles of hui
man freedom have been assassinated by the pas
sage ofThad. Stevens indemnfying BILL we have
only to say that it virtually authorizes the Pres
ident to strike down the writ of habeas corpus.
The Importance of this writ may be gathered
from the following opinions of men learned in
| the law.
| CHIEF JUSTICE BLACKSTONE SAYS:
sNext to personal security" says Mr.. Justice
! Blackstone" the law of England regards, as
sorts and preserves the personal liberty of indi-
viduas. This personal liberty consists in the
power of locomotion, of changing situation or
moving ones person to whatsoever place ones
own nclinatons may direct, without impris-
onment or restraint, unless by due course Of
| law.
''By the Petition of Right, 3 Car. 1st. it is
enacted that no person shall be imprisoned or
detained without cause shown, to which he
may make answer according to law. by Car.
| 1st, ch. TO- if any person be restrained of his
liberty by order or decree of of any Illegal court
or by the command of the Kings Majesty in per-
son, or by warrant of the council he shall, up
on demandof his counsel, have writ of habcas
corpus to bring his body before the Court of
Kings Bench or Common Pleas, who shall de-
terTnine whether the cause of his commitment
be just, and hercupon to do MS to justice shall
appertain.
'To bersavc a man of life or by violence to-
confscate bis estate without accusation or trial
would be so gross and notorious an act OF des-
potism as must at once convey the alarm of
tyranny throughout the whole kingdom, but con-
finement of the person by secretly hurrying him
Q.,,
gotten is less public, less striking and there
| fore more dangerous engine of arbitrary gov
ernment.- And yet sometimes, when the State
is in real danger, even this may be a necessary
measure But the happiness of the Constitu
ton is that it is not left to the Executive pow
er to determine when the danger of the State
is 80 great as to render this measure expedient;
Cor it is the Parliament only, or Legislative pow
er that, whenever it sees proper, can authorize
the Crown, by suspending the habeas corpus act
for short and limited time, toimprison suspected
persons without giving any reason for so doing"
Commentaries on the Lacs Of England, Vol. i,
pp 1876.
WHAT CHIEF JUSTICE MARSHALL.
SAYS.
So our own Chief Justice Marshall in the
at any time the public safety should require the
susression of the power vested in this act, (the
power to grant writs Of ha6eas coypus) in the
Courts of the u S.. it is for the Legislature to
decide-Until the Legislative viii be expressed
this Court can only see its duty, and must obey
the laws" This was in q case of treason.
WHAT JUDGE STORY SAYS.
So Judge Story, in his Commentaries on the
Constitution, sec 1886 says: sIt would seem
as the power is granted to Congress to suspend
the writ of haJetts corpus in of rebellion
or invasion, that the right to judge whether the
exigency had arisen must exclusively belong
to that body"
So in 1907, when great alarm existed as to
Burrs conspiracy. Il bill was brought before the
Senate in secret session to suspend the writ of
habeas corpus. When brought into the House
of Representatives, that body refused to consid-
er ii in secret session, and by q vote of l3l to
10 rejected the bill on its first reading On that
occasion Mr.. Dana, of Connecticut, used the
| following language "This bill authorizes the
arrest of persons not merely by the President
or other high officers, but by any person acting
under him. imagine this TO be.wholly with
out precedent II treason was marching TO
force us from our seats, would not agree thus
to destroy the fundamental principles of the
Constitution, or commit such an act either OF
despotism or pgsilanimity."
WHAT JUDGE CURTIS SAYS
Judge Curtis says: "Whcnce then do those
edicts of the President spring? They spring
from the assumed power to extend martial law
over the whole u. ST. a power for the exercise
of which there is no warrant whatever in the
Constitution power which no people could
confer upon an.executive officer and remain
free people. For it would make him absolute
master of their lives, their liberties, and their
property
Let us beware
how we borrow weapons from the armory of
arbitrary power. They cannot be welded by
the hands OF free people. Their blows will
finally fall upon themselves. Distracted coun-
ellis, divided strength are the very earliest effects
of an attempt to use them. What lies beyond
no patriot is now willing to look upon"
egAn amusing incident transpired flew even
ings since, at Manchester, New Hampshire, in
the Huntingdon Street Baptist Church, on the
occasion of the magic lantern exhibition. The
scene of the children of Israel crossing the Red
Sea was exhibited, and the small children wero
asked if they could tell what it represented. One
little fellow Immediately sung out, "Barnsdetz=