Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-09-24

from arbitrary detention had never bef. re been
50 fully canvassei; snd it i 10 the discussion
which arose out of the case of these Eve gentle
men that owe it, continual assertion by Par
lament and its ultimate establishment in Iull
practical eficacv by the statute of Charles II !"
The counsel for the prisoners grounded their
demand for liberty on the original basis OF Magma
Chart. the 45th section of which provides that
no freeman shall be taken or Imprisoned unless
hy the lawful judgment Of his peers. or by the
law OF the land. Ample proof was brought
from the old INV books that the Kings nmmiBd
could not excuse an illegal act. IF the King
commands me, said one OF the Judges under
Henry vi. Ito arrest man. and arrest him. he
shall have action of false imprisonment
against me, though il done 10 the King :
presence
The power Of Charles vas sufficient, however.
to overawe the Court and after full and able
discussion OF the principles governing the case,
which bore the legitimate fruit of liberty in future
time. as / will presently show. the Cosrt re-
manded the prisoners to custody, as Mr.. Vallan
digham was remanded TO the custody of General
Burnside. Perhaps il was urged by the Gro Kn
lawyers Of that day that the life of the English
nation was at stake. inasmuch as IL Charles was
not permitted to exact forced loans from his sub
jects. his government would have 10 co down for
want Of supplies. But whatever may have been
the considerations that prevailed with the Court.
let me read TO you the impartial verdict OF
history upon this celebrated case Hsllam saws:
1T was evidently the consequence of this de
cisiOn, that every statute from the time Of the
Magma Charta. designed to protect the personal
liberties of Engshmen. became dead letter.
since the insertion OF four words in a warrant
(per spectacle mandafum regis which might be-
come matter of form. would control their RENE
did efficacy And this wound was the more
deadly. i'm that the notorious cause of these gen
temen's imprisonment was their outstanding an
illegal exsctiOn of money
What think YOU will be the verdict of history
when it is recorded that the cause of Mr.. Val
landigham's Imprisonment the exercise Oi
free speech at public meeting of his fellow
citizens. when it is written in the first article OF
the amendments 10 the Constitution Of the United
States that
Congress shall make no law respecting An
establishment of religion or prohibiting the free
exercise thereof; or abridging the freedom al
speech or OF the Dress. or the ight of the people
peaceablv to assemble and petition the Govern
ment for redress OF grievances "
But return to the history of the petition OF
right. "Nei her the measures of illegal severity
toward the uncOmpliant. backed by timid court
Of Justice nor the exhortatons of Il more proSti
tute and shameless band Of chrrchmen, could
divert the nation from its cardinal point of faith
in its prescriptve franchises" new Par
lament assembled. The matters of complaint
boldly addressed to the King were
Frst-The exaction OF money under the name
Of loans.
SecCnd-The commitment of those who re
fused compliance anc the late decision of the
Cing's Bench. remanding them OF habeas corpus
Third-The billeiing of soldiers on private
persons, for convenience or for intimidation or
annoyance
Fourth-Commissions to try offenders by mar
tial law
The people of England were profoundly agita-
tel. They determined that the King
should be compelled 10y signal act. to recog-
nize those sacred rights for which their ances
tors had successfully contended, and which were
handed down to them rs their prescriptive fran
chises
In this great act there no equvocation.
In regard 10 personal liberty, alter recitng the
provision of Magma Charta and the net of Ell
ward III. to which have referred. whereby il
was declared that no man. of whatever state or
condition. should be injured in any wise. or
imprisoned. without being brought To answer by
due process OF law Ii holds the following lam
guage:
"V. Nevertheless. against the tenor of the said
statutes. and other the good laws and statutes
of your realm to that end provided. divers OF
your subjects have been of late imprisoned with
erance they were brought before justice, by your
Msiestv's writs of habeas corpus there To under
go and receive the courts should order. and
their keepers ordered TO certify the causes OF
Their detainer. no cause WAS certified but that
they were detained by your NJ jesty's speral
command, signihed by the Lords of your Prvy
Council. and vet were returned back To several
prisoners without being charged with any thing
To which they might make answer according To
law "
1t is thus. gentlemen that the history of the
despOtism of Charles | is repeating itself under
the administration of Abraham Lincoln. There
l., in the first place. the Illegal and unconslitu
tional exercise of Executive authority. the exer
else of the power Of discretionary Imprisonment
without legal warrant, and the refusal OF n servile
or inundated court TO release upon habeas
corpus
Let us now see what the Commons Of Eng
land demanded and what they received in this
crisis OF the cause of constitution i liberty: per
hrps we NAV derive encoura ement as we'll a.
instruction from their manly and patriotic con
duct
They demanded. in Parliament. that no free
man. in any such manner ~ is before mentioned
be imprisoned or detained: that the
aforesaid commissions. Tor proceeding by martial
law. may be revoked and annued and that here
after no commissions of like nature may issue
lOTtil I'd ANY person. or ptT>Obs Wbdl-OtfeT 10 DE
executed AS aforesaid -
To this celebrated Petition of Right the King
was constrained to Weld his assent IL was call
ed petition OF right" a implying that it con
tanned only corrobOrrtion or explanation OF the
ancient constitution. and not any nfring ement oil
ROYAL prerogatve. or acquisition OF new Liberties
A have said gentlemen. this monument al
English liberty established in the year 621
and now. To show YOU that its guarantee at per
sonsl security regarded as builiri.h O
Ensli.hmsn, | will call your attention to the
provisions OF a code or system of law established
by the British cOlOnists in Massachusetts, in the
YER l64l
This remarkable code have in my hand, ant
il Is called
MASSACHUSETTS BODY LIBERTIES.
This document embraces ninety eight sections
the very first one OF which reads a. follows:
II No mans life shall he taken away; M
mans honor. or god name. shall he stained; M
mans person shall lie arrested, restrained. ban
she or diSmemhered
under color of law or c0untenauce OF authority
unless il he by virtue or equity of some expires
law warranting the same established by a genera
court sufficiently published" &c
At this period. severe struggle vas in pro
gress between Charles and the English Com
mons That monarch, by the pertinlcity OF hi
efforts 10 trsmple down the chartered liberties @
his people. at length received the punishment du
his crimes, and suffered death ON the block in th
and his son Richard followed, and the House 0
Stuart was restored TO the throne arterward. il
the person of Oh rles III
y