The Sweetwater enterprise. (Sweetwater, Tenn.) 1869-187?, 1871-11-30
Habeas Corpus.

do not appreciate the inestimabl0 value
Of this great "writ of right"
During the late civil war it was adso-
lutely suspended at the north, during
Its whole period and for q long time af-
terwards; and under its suspension the
most unmitigated outrages were COM
mitted in that portion of the country.
The people there were Indifferent to
their liberties, thus usurped.
At the south, where this great right
OF personal liberty was better under
stood, the president of the Confederate
States was never invested with the dan
gerous power of its suspension, except
for q very short time, and then it was only
exercised in avery few instances. We
all remember how, in this state, deserters
and conscripts and others resisting the
authority of the Confederate States,
were continually released by our Judges
under this writ OF habeas corpus. Our
people have always been earnest and
firm in its defence; and even. the bad
men who framed our present constitu-
ton were compelled, through fear and
public sentiment, il not for the love of
public liberty, to retain that old and So
cred principle that "eyery person re-
strained OF his liberty is entitled to q
remedy to enquire into the lawfulness
thereof and to remove the same, if un-
lawful; and such remedy ought not TO
be denied or delayed" and to declare
that the privileges OF the writ of habeas
corpus shall not be suspended"
For the last two hundred years these
privileges have been held sacred by eve
ry lover Of freedom in England and in
this country, even during the Colonial
times. Even to-day, in England, it
would cost the Queen her throne, if not
her life, to attempt to destroy this right
without the express and specific sanction
Of Parliament 1t is right formidable
to tyrants only. BY it, every man ar
rested, for whatever cause, real or pre-
tended, has the sacred pr vilege of "a writ
directed to the proper officer, commando
ing him to "have the body" of the per-
son thus restrained of his liberty before
some Judicial tribunal to inquire into
the lawfulness thereof, and to be dis
charged if unlawfully detained. There
can be no personal liberty without this
right, and no safety to property; for
without liberty there can be no enjoy
ment OF property. These are old and
most sacred principles, and yet in our
day and country we see them all tramp
led under foot
The South is too weak to defend them
against outrage, and the north too much
given up to the worship OF mammon, or
too ignorant of their value, or too full of
hatred for the south, to lift finger or
raise voice in behalf of this greatest
principle of civil liberty. On the contra
ry, q Presidentwho is sworn to support
the constitution of the United States,
which declares that the privilege of the
writ Of habeas corpus shall not be sus-
pended, unless when in cases of REBEL
ion or invasion the public safety may
require it" and which guarantees .the
right of the people to be secure in their
persons, houses and effects, against I'M
reasonable searches and seizures" has
issued his proclamation, after five days
notice, when not one in ten could ever
hear OF it in that time, suspending this
great writ over the whole of nine coun-
ties in South Carolina. This, too, is
done in the face of the declaration both
Of the governor and acknowledgement
of the state, that the civil tribunals were
all-suficient to punish crime and secure
all the ends of justice.
Under this suspension the people oi
these nine counties Zone of them inclu-
ded by mistake, SO carelessly was this
great outrage committed, are now being
arrested-men, women and children-by
bands Of soldiers, guided by negroes
stimulated by revenge, avarice, and even
worse passions Of their nature. The
country is being depopulated-the crops
are ungathered, except by thieyes-wo.
men and children are left deienceless
and destitute-innoceut victims, by the
thousand, are hurried and Euddled to,
gether in loathsome prisons,-without
hope and without redress, and to be
tried, or rather to be condemned, many
Of them--for they are prejudged and
convicted before trial-by tribunals
which ignore all the rights of civil JUS
tice and impartial administration. This
is indeed, "a reign of terror" and all
in time of profound peace, when there
is no rebellion" or no invasion,
except upon the right of defenceless
people, because they are white, and be,
cause 1t is deemed necessary for the sue.
cess of party that is rapidly breaking
down all the bulwarks of liberty and
establishing upon its ruins consolidat.
ed empire. .--Erchange.