Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1864-04-14

views t will clearly appear that under CONSTITUTION,
courts cannot be deprived of their right be relieved
except n arising in the land and naval forces In
the militia when in actual servioe--for the government
of which drent provision Is made in the Copstitu-
tion Under Constitutional Suspension Of the privilege
of the writ all the courts could do would be to that
the party was legally arrested and hed-upon proper
warsn-upon probable cause, supported by oath or af-
rmation setting forth crime violation of law.
Literally srd truly then the only effect of Consitr-
tional exercise of this power the writ OF habeds
corpus by Congress, is to deprive person, after
being legally confined, Of toe privilege OF discha &c
before trial by giving BAIL or on account OF nsuicency
Of proof TO prob cause, other like grounds
This privilege only can be suspended and not the writ
itself The words OF the Constitution are apty chosen
to express the purpose and extent which Suspension
60 in this country. With this view, the power Is
wise 1t work serious injury to the citizen,
and it sufficiently guards the public safety The party
against whom grave accusation Is brought, supported
by oath affirmation, founded upon probable cause,
must be held for trial. and found to be guilty Is to be
punished according TO the nature OF his offence. Phe
monsrous consequences Of any othsr view of the sub
ject are apparent The exercise Of the power by Con-
gress may be either general limited to special CAGES
In this instance II it had been general under any
other view what woui have been the condition of every
cnsen In the land? The weaker would have been
completely in the power Of the stronger withou. power
of redress. Auy ia the community might seize,
for any motive or any purpose any Other and conhne
him most wroDgfuly and shamefuly. Combinations of
several against few might be formed for like pur-
pose. and there would be no remedy or redress
inst this species of licensed lawesness. The
would be closed-all personal security and personal
safety would be swept away. Instead of land of
laws, the whole country would be no better than a
Whitefriars doman-a perfect Alsatia. This would
be the inevitable effect Of the exercise Of the power
by general suspension with any other view Of the sub
jsct than this presented. The same effects to out
RACES upon personal rights must ensue under limited
suspension co1hned to any spacfs cases under any
other view. No such huge and enormous wrongs can
ever spring from the Constitution if II be rightly ad-
sered So that the conclusion OF the whole matter
is We stated by the governor in his late message in
the brief comprehensive, but exact terms-"The only
Suspension of the privilege ofhe writ of ha6eas corpus
known to our Constitution and compatible with the
provisions already quoed goes to the simple exten. of
preventing the reesse under it. OF persons whoss
rests have been ordered under constitutional
On this subject much light is q be derived from Egg
sh history. Our whole system Of constitutional liberty
reefs upon principles established by Anglo-SsXon
ancestors But between their system and ours there
several differences that should be noted and marked
and none more striking aud fundamental than the
difference between the two upon this subject. With
them the right OF personal SECURITY against illegal
rest was wrested from the Grown by the Parliament,
and established by Magma Chara the bill OF rights the
abolition OF the star chamber, aud the grant Of the
writ Of ha6eas corpus which is the of redress
against violations of law, and other wrongs against
rights secured and acknowledged. In the abolition Of
the court OF star chamber the power was taken from
the King, his heirs and successors forever and every
of bis prlvy council to make any OF any
person for any ofsnCe alleged crime excep. by due
process Of Law. By this act the power OF ths King to
issue warrants orders OF arrest unsupported by oath
or aft mation setting forth probable cause which be-
fore had been claimed royal prerogatve was taken
fr0m
ruling monarch, Charles |, gave his consent to the
act and yelled the power. He afterwards broke
his pledge. OWL connections ensued from this and
other causes. He left his head uptn the block. The
subsequent his oy OF that strife between the people and
the Crown o. England on this and other matters is not
now peri ent to the object before Suffice cay
that it endsd in The Settlement it Is termed between
the Parliament and their new soyereigns, William aud
Mary-in 16SSs9. Ia this settlement all the ancient
rights and lberits OF The English people, including the
right OF the wit OF hdbeas corpus reairmed and
secured Such the liberties, inherited a BIRTH
right that British ancestors brought with them to
this continent The principles established in Eogland
after centuries of struggle aud blood formed the basis
upon which the great structure Of American cinstitu
tionsl lbery erected But the striking difference
between their system and outs to which have alluded,
and which should be lost sight CT is that with
them, all power originally belonged to the Grown All
rights and liberties grants from theCrown to the
Parliament and through them to the Peep while with
US all power originality to the people-and es-
sent ally still resides with them They have appointed
agents 10 perform the functions Of Government in the
feren departments, executive, judicial and legis-
Ia i've, under the form of Government sat forth
ia tie Constitution, clothed with the exercise
Of certain delegated, specific and limited powers.
In England it is competent for the Parliament at any
time to return to the CroEn all the powers heretofore
eIored from their kings. They are not restrained
as our Congress is, by want OF power to do on
their part They repeal any day m,gna chsra, the
haJsas corpus act and the whole bill of rights and rer
der the Iuling monarch absolute either OF the
Tudors Stusrts ever claimed or wished TO te The
principles of magma charta as to personal liberty and
the right of the writ of hdbeas corpus to those
ghts put In our fundamental laws and cannot be
violated by Congress- for their powers are limited, and
they themselves bound by the Co situtioD. That
the British peope would ever submit to surrender o!
their rights by Parliament, no one can for onent
belieys But Parliament claims TO be omnipolent and
could make the surrender if they chose to the rick
Hence snalogies between Iis country and that the
suspension Of the writ OF habeds corpus and the effect
of such suspension either generally specially should
be closely scanned Even in England great 10 the re
gard for Liberty, suspensions have been iare since
the settlement of 1888 'S9 The writ was sus-
pended there In Ills and in l74S-and in l7sS 1t was
suspended In Ireland with the power conferred on
the lord lieutenant TO make arrests. Under the sys
tenn of government in England, the Parliament COZ Id
confer this power upon the Crown tho lord euten-
ant, or upon any other person they saw fit. Not 20
with Congress- under our Constitution Ia criticisms
upon the Governors message, these suspensions have
been alluded TO against the positions of tho
Teey are not in COT hict at all What the Governor
states is that ia awae Of any instance in which
the British King has ordered the arrest of any person
in civil life in any Other than by judicial war
rant issued by the established courts OF the nation or
in which he has suspended attempted suspe nd the
privilege Of the writ of habeas corpus sic CO the bill of
rights and the act Of settlement passed in 1882" BE
did say that Parliament had not suspended IT, or
that our Congress could not suspend it, in proper
way, but that even in England where Parliament was
unrestaned they had not sDcs the settlement confer ed
aware.
At this point will briefly refer to the suspension by
Congress, alluded to the other night by the ds.it
guished gentleman, (Hgn. H. K,lan,) who lately
represented this district; gentleman whose remarks
listened TO with great deal Of interest and whose per-
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