The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-06-19
The Writ Of Habeas Corpus.

The utter Decentralization In the State
Of Colorado is comprehended IN the state
mont that the Governor and his military
B agent General Bell have set aside the
civil laws, the Constitution and the statu-
tory laws, and substituted martial law,
and are ruling with high hand. They
are acting under decision OF tho Su-
preme Court Of the State, in which 1t was
Z held that the Governor Is invested with
the power to determine when conditions
of Instruction exist, and that when, In
i his Judgment, such conditions do exist.
nc may set aside civil government sus-
III pend tho writ Of hnbeas corpus lmprison,
i8s XIII, deport, ana otherwise proceed ns hi
viii, without tho power OF tho court to
interfere,
Since the adoption Of the Magma Charta
the writ of habeas corpus has been con-
sidered sacred by the Notwithstanding
people on both sides OF the Atlantic
ocean, and, whilo tho question has some
times been raised, and it has been mat
ter OF dispute. whethcx tho power to sus-
pend this writ Is invested in the law
making body or In tho executive, tits now
established that the power to suspend ls
or should be, limited to the legislative
bodies.
The Constitution of the United States
provides that Tho provision OF the writ
of habeas corpus shall not be suspended
unless when. in cases Of rebellion or
invasion. the public safety may require
',, ! r H.,
suspended the writ of habeas corpus In
1861 but this was deemed an emergency,
and Congress- afterwards took the matter
in hand and conferred necessary power
upon the President. The United States
Supreme Court has since declared that
suspend.
We have not a copy of the Constitution
of Colorado before US. but we understand
that Its Bill of Rights contains clause
identical with the habeas corpus provi-
sion of the Constitution OF the United
States. Yet tho courts there have decided
that the Governor has the, right to sus-
pend the operation of this sacred writ
Soon after the war Governor Holden.
of North Carolina. acting under State
statute, undertook to suspend the writ of
habeas corpus, and defled tho Supreme
Court of the State, but WAS afterwards
brought to terms by Judge of the United
States Court who threatened him with
national troops. And this was one of
the counts upon which Governor Holden
was afterwards impeached.
1t Is provided in tho constitution of
some of the states of the Union that the
writ of habeas corpus shall In no case
be suspended. II is provided In section
Z of the Bill of Rights OF Virginia that
all power Of suspendlng any laws. or
the execution of laws. by any authority. 4
without consent of the representatives
OF the people. is injurious to their rights,
and ought not to be exercised" Again..
in section rs OF Article OF the Constltu-
ton, II is provided that the privilege
OF the writ Of habeas corpus shall not
be suspended unless. when. In case
of invasion or rebellion. the public safety
may require, and as this clause is con-
tanned in the article defining the powers
OF the General Assembly, 1t Is 70 he pre-
sumed that the General Assembly alone
has the right 70 suspend, especially when
this seeuon IS taken in connection with |
section of the Bin Of Rights.
Nothing seems 10 us more revolution |
airy or antocratc or In defiance Of the
recognized principles Of republican gov
eminent Than for either the executive or
the judiciary 10 suspend arbitrarily Inc