The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1871-06-22
Gpening State Saurnat.
UABEAs CORPUS.

'AN'NfNA NuiUtbiS WV wiz VI ffttDtuo
corpus may have been regarded prior to
the Revolution, as protection to popular
rights, it is remarkable fact that the
Articles of Confederation contained no
provision relating to this great writ of right.
When the convention which framed the
constitution assembled in Philadelphia, Mr..
Pinkney submitted the first proposition
ever presented to the convention on that
subject, and it was as follows: ''The
privilege and benefit of the writ of hobeos
corpus shall be enjoyed in this government
in the most expeditions and ample manner,
and shall not be suspended by the Legisla-
ture, except upon the most urgent and
pressing occasions, and for limited time,
not exceeding ---- months.o
2 The provision as it now stands was intro
duced and adopted on motion of Governor
Morris. His resolution was that ''the
privilege Of the writ of habeas corpus shall
not be suspended, unless when, in case of
rebellion or invasion, the public safety may
require it." The discussion was exclusive
ly on that part Of the language after the
word "unless, New Hampshire, Massa-
chusetts. Connecticut, Pennsylvania, Della
ware, Maryland, and Virginia, voting for,
North Carolina, Georgia, and South Caro-
lima, against the clause. 1t will be OBJ
served that under this language the writ
could only be suspended in case of rebellion
or invasion.
BY che provisions of the Ku-klux bill,
so-called, it is declared that whenever in
any State where insmTection, domestic vio-
lence, Unlawful combinations, shall so OBJ
struct the laws of the United States as to
deprive the people Of such States of their
rights, privileges and immunities, named in
the constitution, and where such unlawful
combinations above named "shGH be organ
ieed and armed, and SO numerous and po~-
crfW as to be able, by eioieace, either TO
oce,1lror or SGT at defonce the constituted
authorities Of such State and Of the United
States, rithn such Stofe," then it shall be
lawful for the President of the United States,
if in his Judgment the public safety require
it, to suspend the writ of hobeos corpus
while such rebellion exists provided, The
President shall first have made proclama-
ton commanding the insurgents to dis
perse;o but this power to suspend the writ
shall not be enforced nor be exercised after
tha next regular session of Congress, De-
cember 4, 1871.
We have taken the trouble to present
this entirely accurate and impartial state
ment of the law as il now exists, ON the
subject of the writ of habeas corpats, be-
cause we believe it is great crime for
public journal to mislead Or deceive peo-
pie as to the character of the laws under
which they live. There are sore spots
enough, sufficient causes for irritation, and
more than ample incentives to indulgence in
bitterness towards the government and the
laws.
The most evil-disposed person and the
worst disturber of the public peace should
be restrained within the boundaries of
truth in his acrimonious charges. 1t is
difficult to conceive of a more glaring out
rage than the willful Misrepresentation at
this time to our people of the language
or spirit of the acts of Congress. 1t is
monstrous to claim that the provision re-
ferred to authorizes the President to sup
press public journal. We should be
glad to find-if there is such one--the
journal that dare deny the wisdom, justice,
or propriety of suspending the habeas
corpus, when there is a rebellion exist
ing, organized and armed, so powerful as
to obstruct the execution of State and
Federal laws, and after the rebels have, by
proclamation, been required to disperse,
and in violation of such proclamation, con-
tinued to rebel and prevent the execution
of the laws.