Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-02-05

Privilege Of tire writ 20 be Denied 10
S1nieheraies when Illegally Arrested
by the ShOuf0er-StraB GenIry.

Privilege Of tire writ 20 be Denied 10
Sonfeterates when Illegally ARRESTED
BY the shOaider-strap Gently.
Mr.. TrumbulI called up an act to
amend an act to establish the judicial
courts Of the United States: which was
passed and goes back to the house for
concurrence IN a verbal amendment. II.
provides that the several courts Of the
UnitedS states and the several Justices and
Judges OF such courts Within their res
pectiye Jurisdictions, shall have power 10
grant writs Of habeas corpus IN al cases
where any person may be restraiAed Of
his or her liberty in violation OF the con-
stitution, orof any treaty or law Of the
United States; application therefor to be
made in writing and verified by afffda-
Wit setting forth the facts concerning
tie detention Of the party apDlving, in
whose custody detained, and 6V virtue
OF what authority, if known: where
upon the said writ Of habeas cor
pus b be issued, unless it appears
from the petition itself that the
party IS not deprived Of liberty in con-
~travention OF the constitution or laws Of
the United States that the writ shall
be directed TO the person in whose Gus
tody the party is detained. who shall
produce the party before the Judge grant
the writ, and certify the true cause Of
the detention OF such person, within
three days thereafter, unless such person
be detained beyond the distance Of
twenty miles and il beyond that dis
lance and not above one hundred miles.
then within ten days; and if beyond
n hundred miles, then within
twenty days that a day for a
hearing shall be fixed not exceed
ing five days thereafter, unless the
petitioner shall request a longer time:
the allegations Of the petitioner shall
be made under oath, and the return and
allegations against the same may be
amended after filing that the court or
judge shall summarily proceed to deter
mine the facts of the case, and if II shall
appear that the petitioner is detained as
aforesaid, he or she shall be discharged
that if any person refuses to obey, or
neglects to make 3 return, or shall make
a false return, he shall be deemed guilty
of a misdemeanOr and subject to a fine
Of not exceeding one thousand dollars,
or Imprisonment not exceeding one year,
or both that appeals may be taken from
the final decision Of any judge or cOur
inferior to the circuit court, to the circuit
court of the United States, and from the
| said court to the supreme court ef the
United States, under such regulations as
may be prescribed by the supreme cugrt,
or, in default Of such, AZ the Judge hear
ing SAID cause may prescribe, and pend
ing such proceedings, and after discharge
under the same, ali proceedings against
such person shall be deemed null and
void.
Section two provides that in, case of q
decision in the higher court of any state
involving the validity Of any statute,
treaty, or authority exercised under the
L nited States, il may be re-examined
and reversed or affirmed in the supreme
court Of the United States, upon a writ OF
error, recitation being signed by the chief
justice, judge or chancellor Of the cOurs
rendering the decision complained of, or
by a Justice Of the supreme court of the
United States, in the same manner and
under the same regulations as if the iudg-
ment had been passed in a court of the
United States and the proceedings upon
the reversal shall be the same, except
that thes supreme court may, at discre-
ton, remand the case to an inferior court:
and that the provisions Of this act shall
not apply to the case OF any person held
by the military authorities of the United
States, charged with military offeuse, or
with having aided or abetted rebellion
against the government of the United
States prior to the pass age Of this act.
HI NATIONAL BANK SYSTEM.
From the National Intelsgsucer
Indications of the appropriately Of the
national bank system are apparent in
every quarter. The principal CONNER
cial journals OF the city Of New York,
the Journal Of Commerce, the Herald.
the ECeUjHy Post, and the Tribune, have
strongly expressed their views in favor
of the bills reported from the banking
and currency committee, which is in
tended, not TO destroy these institutions,
but to regulate and restrain them, and
relieve the treasury of the burden of con-
tributing eighteen millions a year
TO their enormous and unprece-
denied profits. The people through
out the country, so far as they
have any voice in the matter, prefer the
legal tender treasury notes as a currency.
The greenbac6s-the plain legal ten
ders-these constitute the peoples money.
If the question could be placed before
the country for decision by the popular
vote between the greenback currency
and the national bank currency, the for
meT would, by reclamation, be chosen.
The country needs but one description of
paper currency. 1t demands that there
shall be but one. During the pressure of
the var the national banking system was
establi shed in aid Of the public credit
and the public convenience. As the
measure was n novelty, it was deemed
necessary 10 offer, for the time being,
extraordinary inducements to capitalists
to embrace the system. The measure
was never considered as perfected or as
permanent in its original form. The
idea of many was-aud il was the theory
of the author Of the measure himself,
(Secretary Chase)-that the egreenback
currency would be witavawn at
the conclusion Of the Wa and
that the national bank y issues
should constitute the only legal paper
currency Of the country. It is needless
to say that this theory has been dis
carded. The withdrawal of the green
backs proved to beimpracticable, and it
would have been undesirable: 1t is even
doubted whether their authorized reduc-
ton at the rate of four millions q month
will be continued. The country has had
time to test the relative merits Of the two
species Of paper money, and prefers the
legal-tender notes. OF course, it was
never intended that both systems should
stand together. One must absorb the
other. The aggregate volume Of the two
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