Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-10-01
For the state Sentinel.
The Writ OF Habeas COrpus-t,s Ma.
ture and History.

The writ OF h ,be,s corpus is writ instituted
10 preset . the personal liberty OF tree mAn. IL
l. the oiy mode known 10 the laws TO attain that
Object Aming all the greet rights OF tree
% ,,te sLch ~ the freedom OF speech. freedom OF
tn nss = tree ION of religious opinion, right ct
taai by iury RICH, o petition. hight 10 bear arms,
& nlue Is he'd swred. and none Is SO care
fully protected bs the Constitution aud the Laws
oi A free government. A. the personal liberty OF
cisix.n-thst J.. fhe right 10 freedom from arrest
or Imprisonment tr,taOat due process or authority
Of isc For. without this right. the others can
De but very iml e.Ieetly enjoy Ell. or not EN- Ell
st all
The writ Of hibeas corpus l. IN IT. origin an
lsish writ and derived by our foretathers
fun their I'm -titutOns II Is command from
Court or Judge 10 a person holding another IN
custotis To briug the body of the prisoner before
them and abide their decision TO the lawfulness
OF n arrest IL take lis name of 'hAbets cor
pus" from the tr-t twO Latin words IN the CON-
msi,cement of the ancient writ, siguitting IN
English Have YOU the bow" &c, for the
writ, laws aud legal proceedings OF England
were snciently expressed in The l. ,'in lrngntge
IL J. nov. however, tut expressed in the Ems
lish language. both ia England aid Ia tins eouh-
try In legai language IT still retains its ancient
name, but in common parlance is usually desig-
mattel as The writ OF liberty.
The writ i-sues by the ORDER of Court or
Judg on the application or petition of the pei
SIN ret aimed of his liberty. or snme one IL his
b halt aud j. directed - the officer o party "
in n e Ter on tn Ter restraint, commanding HIM
% have such Ier>ou before the Court or judge,
al such time an place a. the Court Judge
shall direct to do and receive Whist shall tie or
derei concerning HIM II Is writ OF right. aud
rassf ,-Sue On petition filed The Judge has no
O. IS to is issue. and cannot deny OF
Withhold 10.
Whenever. therefore. anv person claims that
he y restrained al hi- personal liberty bv any per
sou or persons whatever. ~ithout the authority of
Lw he represents the facts OF hi case TO a SD
meme. CIrrult or Cummon Pleas Court or
Iu.iye of the Stite. aud petitions the Court or
in re a. i-sue the writ of sbeas corpus try the
question oi ~ liberty Thrreupun the Court or
Judge Orders the writ ne issued toy the Clerk
al the Court, aud directed 10 the party holding
the prisoner ia custody. Il i framed and tested
hy the Clesk. ami nv him delivered TO the Sheriff
4, be served The fpllosing i the form Of The
vri, ~ ndonte.i by the isx OF this State.
The State of Indiana: To -
Yous,e CONN ,n.ied 10 have the body OF A
IN your Gus obs (sr by YOU restr incl Of hi
UbertS a. j. aid pef,Re ID. Judge Of the
f,e..-ribe the & .urt } at (name the place iorth
Nth .ifer the re-etps OF tbs WIT. Cor naming
the earliest COW Ell ent time Ia DO and receive
,h.t sh,ll ne ordered concerning him. anu haN'
there and then this writ
Witness the Cleis and seal OF the--Court
this day OF -
T. Clerk"
II the sheriff hi nself holds the prisoner IN cus