The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1871-11-09

exist under the Constitution of Texas,
it is only necessary to read the It'll, 9Th,
9th, 10th, 18th and 18th sections of the
1st Article of the Constitution of
Texas:
Sec. VII. The people shall be secured in
their persons, houses, papers, and possessions,
from all unreasonable seizures or searches;
and no warrant to search any place, or to
seize any person or thing, shall issue, with
out describing such place, person or thing, as
near as may be, nor without probable cause,
supported by oath or affirmation.
Sec. VIII. In all criminal prosecutions, the
accused shall have a speedy public trial, by
an impartial jury. He shall not be compelled
to give evidence against himself He shall
have the right of being heard by himself, or
by counsel, OF both shall be confronted with
the witnesses against him, and shall have
compulsory process for' obtaining witnesses
| in his favor and no person shall be holden
| to answer for any criminal charge, but on in
dictment or information, except in cases aris-
| ing in the land or naval forces or ofenses
against the laws regulating the militia.
| Sec. IN, All prisoners shall be bailsble
upon sufficient sureties, unless fer capital Of
lenses, when the proof is evident; but this
provision shall not be so construed as to pro-
hibit bail after indictment found, upon an ex-
animation of the evidence by Judge Of the
Supreme or District Court, upon the return
of the writ of habeas corpus, returnable in
the county where the offense is committed.
Sec. y. The privileges of the writ of ha-
| beas corpus shall not be suspended, except
| by act of Legislature, in case of rebellion or
invasion, when the public safety may require it.
| Sec. XI. Excessive bail shall not be requir-
ed, nor excessive fines imposed, nor cruel nor
unusual punishments inflicted. All courts
shall be open, and every person, for an injury
done him in his lands, goods, person, or repu-
tation, shall have remedy by due course Of
law.
Sec. XII. No person, for the same offense,
shall be twice put in jeopardy of life nor
shall person be again put upon trial for the
same offense, after verdict of not guilty /;
and the right of trial by jury shall remain
! inviolate.
We are aware that some members
of the Legislature were induced to
vote for the act in question, in conse-
quence of the I'd section of the LIST
Article of the Constitution. That sec,
ton provides, "No power of SUSPEND
ING LAWS in the State shall be exer-
cisCd, except by the Legislature Or its
authority"
The puerile, not to say disingenious
sophistry by which the power of sus-
pending the privileges of the writ Of
habeas corpus is made to be Identical
with the power of suspe nding laws
generally-as for instance, the laws fol
the collection of particular taxes at q
particular time, OF for holding q court
at particnlar time or place, or for the
return Of plats of surveys of the public
lands at particular time, and other
such directory laws-is too obvious
and trifing to deserve comment. Thai
the Goth section could not have meant
to refer to the privileges of the writ
Of habeas corpus is plain from the fac,
that it was expressly provided for by
section 10, and the two sections mus
be construed consistently. The oldest
: and most familiar rule Of construction
requires this.
We cannot bring ourselves to believe
that it will be necessary, in order tt
have this unconstitutional Legislation
declared null and void, or to arous,
: the people Of Texas to the importanc,
| Of the subject, to dwell upon thu
value of civil liberty, or Of the blood
bought privileges of the writ of habea
l corpus. This great battle has beel
, fought by our ancestors and the bool
+ has descended TO us, to be enjoyed for
ever. The prophecy of Lord Shelborn
! of England, in 1870, that "At the frs
S great internal fcud in this country, tn
e majority will trample on the habea
y corpus, and the people will permit ii
e and SO will go your liberty" we hop,
C may never be realized. God forbid.