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LOU '

 

 

 

    
 
         
     
   
    
     
    
   
   
   
   
   
   
   
   
    
    
    
    
    
    
   
   
   
   
   
   
    
     
     
   
    
     
      
          
     
  
       

HABEAS CORPUS AND CIVIL LIBERTY.
Habeas Corpus is justly regarded as the bul—
wark of freedom by Englishmen and Ameri- ~
cans. lt is peculiar to tltc Anglo Saxon
race, and no people are justly entitled to be i
called free who do not possess it, or possess—
ing it, fail to guard it as the fottndation of
all their liberties. The llarons of Runny-
mede rebelled t tinst King JOHN be‘ause
its itnplied provisions were disregarded. So
: sacred did the English people considetu‘lfny— .
11a Charla, in which Jlntn'ns Corpus was vir-
tttally contained in all its essential provi-
sions, as the ground work of their national
existence, that between the date of its orig-
inal promulgation and the accession of the
Tudors, no fewer than thirty-eight solemn
confirmations by successive sovereigns, are
recorded. These ratiti‘ations were not. al—
ways extorted frotn weak and pusillanimous
like Jottx, IIt-zxttv Ill, and

The greater number are from

   

monarchs,

iltaxnv Vl.
their ablest and tnost self-willet kings.
want) III ratified it no less than fifteen
times, and Ilrzxttv IV, founder of the ban-
Tltis shows how j tal—

l
.l‘ih-

‘astrians, six times.
ottsly they guarded the great charter of their
freedom. The danger lay not so much in
attempts at subversion on the part of her
weak monarchs as of her able and imperious
ones—men like the conquerors of t‘recy
and Agincourt. lut military fame and great
executive ability only made them guard with
, greater w: tehfulness the actttal and possible
aggressions of their pos. sor upon JIayua
l C'harta. Holding. as they did, the purse-
strings of the nation, every infraction of the
charter of freedom was resisted, and a vote

  

S

 

 

of supplies conditioned only by a substan-
tial redress of grievances.

It has been supposed by many that Ilubcus
Corpus had no existence until its provisions
were formulated by Lord SIIAFTES‘BI'RY, and
passed by Parliament in 1679, in the
31st year of CHARLES II. This is a mis-
l take. In the charter cxtorted frotn King ,
iJOHX occurs the following language: “Nu
ifrccnutn shall be tithcn or imprisoned, or be dis-
l seized of his freehold, 0r liberties, or free customs,
l orbs out/aired, 0r exiled, era/7y otherwise destroyed,
1, nor trill u'c pass upon him, uorscutl upon him but ’
l by lauj‘tll juttymcnt rfhis peers, or by the llttt' 0f

the lantl. ll'c trill sell to no man, we trill notclclay :
l
y t

 

l
l

 
 

      
   
   
   
      
    
     
      
   
   
    
     
   
   
    
      
 
    
    
   
   
    
    
     
     
    
    
      
       
        
    
    
    
   
   
   
      
      
            
        
   
    
     
      
        
       
     
   
   
   
    
     
   
      
   
   
   
    
    
   
   
    
    
   
   
   
    
     
     
    
    
     
     
      
       
       
   
 
   
     

to any man justice or right."

Noble words these, and not mere words be— '
cause they were intended to be enforced.
! Twenty-five of the great Barons of the realm

re appointed to see the-c provision-t t..

    

nc ’

, ried out, and the repeated confirmations in i
this and subsequent reigns show how weili
they and their successors fulfilled theirtrust. :
No one can doubt that Lrabcas 'urpus in all '

  

i we have quoted. )Ir. IIALLAM, in his “)Iid-
l dle Ages,” observes that “from the era ofKing
JOHN'S charter, it must have been a clear
principle of the English Constitution that no
man can be detained in prison without trial.
“'hether courts of justice fratned the writ of
l Ilttbcas Corpus in conformity to the
spirit of this clause, or found it already in
, their Register, it became from that era the

i
i
l

 
 
  

  

writ, rendered more adirely remedial by the
statute of C‘quttas II, but fintmlcd on the

Again: “It is

  

bulwark of English liberty.”

i. 6., rights of property and personal liberty
of the citizen.

granted them by the promulgation of fling/11a
Charla. It was: looked upon a
concession, and to that extent a curtailment,
filter/mt Charla was

not as
of the royal prerogative.
only a recognition of the sometime dormant
provisions embodied in the charter produced
by STEPHEN LANGTOX, Archbishop of't‘anter-
bury, which had been granted by HE). It\' I
on his accession to the crown in 1100, one

MEDIC.
1. His charter promised that he would
of the, church;

()IJPI‘CSS

not seize the revenues
that he would
' by feudal exactions, and that in respect to

the masses of the people—the Saxons—he

not the Barons

would regard and observe the laws of En-
“'Altl) ’l‘HI-l (UNI: son. pron this charter,
found by LAxu'rox in a monastery, and

 

was founded Ihtt
did its provisions originate with EDWARD
Tut: (foxtv‘tcssott. Ile based his laws on the
laws of E'rHtst‘nnatrr, ALFRED 'rttn tiltl-IAT,
and King INA. lndced tltey were rather

th/ntt Charla.

a digest,
bodying and adapting previous laws to
the usage and spirit of his time. We think
we could even show that the spirit, of [Iubcas
Corpus and the ('harter existed
at a more remote period than this.
a writer as )IoN'rt-zsottct.’ says that a fair in-
terpretation of the llth chapter in the GUI"-
mania of 'l‘Jtet'rt's will show the genius of

tlrcat,
So acute

the English Constitution, and an examina-
the lslandic proves un-
questionably that in legislation, and the
c iminal jurisprudence of that remote

‘7 tlit: spirit Inf llte paw-at elmrtt-t- existed.

tion of Sagas

 

peoplt

\l'c have shown that llvtbuas Corpus is implicit-

v

ly contained in the Magna Chat-ta of King
JOHN; that Magna (llltll‘itl was based on the
charter ofIIL‘NItv l ,tltut the charter of] l EN Itv
l only formulated and aummarised the, lawsof
EDWARD 't'itt; (.‘oxtr‘tcssou, and that the laws
of the (Jonfcssor were a digest of the laws of
, l‘i'l'JHCIJH-llt‘l‘, Amvnuo and JNA. l\'o law
‘ outside of ltoman jurispudcnce has such an
i law like,

 

honorable and remote ancestry.
it has ever ex sted in the lt‘t"l.\ltllittll of all

time. t)uly one analogous instance viz: the
right. ol"‘appc:tl" among the liotnztns.

till the, extinction of the llepuhlie, when it
lll‘, ‘ishcddteiug swallowed up ill the surretnler
of all lt'gislttlivt: :Itttl exet'ttlit’t- power to the
l‘llllltt't'tll‘.

 
 

It provided that no llotnan citizen eon
Idt-tnnt-d to death by the (‘I'itninal t‘ontl
tould have first

-ut

should he t‘Xt't ed until he sl

can citizens, inherited from Englishmen.

" while yet colonies, they fought to secure the ,

_rnade for its suspension for a limited time,

t its essentials is contained in the paragraph .

i right of every subject to demand it. That .

broad basis of Illayzut Charla, is the principal 1
' ’ l

’ obvious that these words, interpreted by any i
honest court of law, convey an ample secur- :
. u u . s . u - l
1ty for the two matn rights of Civil society;y 1

But Englishmen were not aware that.
any new immunity or right had been

httndrcd and fifteen years before HUNNY- ,-
Nor was it new in thetime of IItcxttY i

shown by him to the llarons of King .JottN, j
neither '

a sort of Justinian l’andects, etu—

This was the bulwah of l.'oman civil libt-rtvf

 
 

But it is only inherited. They have never
vct fought. to establish it. When they do
they will prize it more, and guard more seru-
pulously against its violation. Once, indeed,

benefits of its provisions. Among the gricv- ‘
anccs enumerated in the Declaration of In— ‘
dependence, this occurs, and it touched a
chord that vibrated to the heart of every
freeman. The fathers of the Republic took
eare'to incorporate it itt the Constitution,
and to provide for its suspension only by
Congre. itt seasons of great national peril,
and forthc shortest possible tin'te. No nation
that has it not is free.

 

No nation that looks
upon its suspension with unconcern, or the
refusal of its provisions to the humblest of
the oppressed, deserves to be free. In our
haste to be. rich, in engrossment
iii the material pursuits of life, weare in

(ill I‘

danger of bartering the noblest heritage cver
bequeathed to man for a miserable mess of
pottage. .-\cquiescenec in wrong becomes a
crime. The refusal to see the consequences
which ntttst inevitably arise from delibe ‘ate
and persistent violations of inherited rights
in the interests of political parties when the
Republic is menaeed by no danger, save from
those who, for their own behoof, lay their
hands on it vitals, argues an indifference
which is critninal and sucidal.
From the bill lately passed by Congress
“It shall be lawful for the l’resi—
dent of the I'nited States, when in his judg—
ment the public safety shall require it, to
suspend the writ of IIabcas (i'orpusd’ “'hat
does the Constitution say? “The writ of
Ifabcas Corpus shall not be suspended unless
when, in cases of rebellion or inrasiou, the
public safety may require it." \Vhere ex , . ,
rebellion or inrasion? Certainly not within
the limits of these United States, unless it be
the invasion of the rights of the people,
guaranteed by the Constitution, by an un-2
scrupulous Executive, backed bya servile

we quote:

 

Legislature, whose sole object is to perpetu-
ate the rule of a tniuority, though at the ex-
pense of all that the fathers of the Republic
thought worth fighting for, and worthy of
frccmen to live for.

Contrast with this the late provision for
suspension of Ifabeus (brpus by the Ilritish
Parliament in disaffected Ireland. There
agrarian outrages had madelifc and property
insecure. and the ordinary constalntlary was
unable to maintain order. Provision was
but only under the greatest possible safe-
guards. The Lord Lieutenant found it nec-
essary to suspend it, bttt confined the sus-
pension to a single district in a single county,
and then immedia‘ely reported to the Home
Office in full the reasons why. ButCongress
makes provision for its suspension at the dis—
cretion of the President, in a time of pro-
found p ‘ace. in all the States and
among the 253,000,000 of people who Compose

Is not this such an occasion as

this I'nion.
the possible one to which IIALLEM referred
when he said: “Ifmeretemporary circuntsinnpes
or the doubtful plea of political necessity shall
lead mm to tool: on its denial u'ith apathy, the most
I distort/uishiny character of our Constitution tt‘ltl
be qfacrtl.” Lord ('ItA't‘HAM, when referring
to this great bulwark of civil liberty. once
his msrm: It
may not be protected by moat or clrau'bridyr'; it
may be no more than a straw-thatched shed which

said: “Iz't'cry man's house: is

th»: winds of hearcn may pierce and the rains of
hearru (trench, but the hilly of England may not
rntr'r it—hc dare not:y I
“c do not look so much to the population
of ottr great cities for the just indignation
which shall rebuke the servility of the
National Legislature and the grasping am-
bition of the Executive, as to the sturdy
yeomanry of the country—the inhabitants of
the rural districts. The large cities are ab—
sorbed in manufactures, eonnnerce, and the
aecummulation of wealth from these sources,

most of which consists in stocks and pet'-
sonal property. These, from the insecure
nature ofsueh investments, and there liabili—
ty to fluctuation in value, thereby endanger-
ing the ragularity and uniformity of their
dividends, are more I"tl(l)' to acquiesce in
violations of fundamental law which do not
immediately threaten their investments.
(Jivil commotion their
They will eudttre anything rather than risk
civil war in which they may be rttined.
llcnce great capitalists and monopolists are
always to the sup—
porters of dc jia'tn Hovcrnmcnts, whether
Eat the ag-

is abhorrence.

 

found he strongest
founded on usurpation or not.
ricultttralcommunity, attd this, fortunately

majority of ottr popu~

 

constitutes the larg.
lations, are most jealous of the liberties they
competence, removed

Their
equally frotn penttry and luxury, fosters a

enjoy. easy

.
Ehcalthy habit of independence. Their
‘ wealth is not colossal, while it is securely .,
invested itt l‘Hll estate. This constitutes

them the hon ‘, and sinew, and the mainstay ‘
of the land. They are the natural break»
water against the seas of innovation, which
ever and anon thr‘aten evcryfrce people.
If they become 'art-lcss and iuditlbrcnt, the .
liberties of the country may be, given up for
lost. ()ur trust in them. The freemen
of America have not yet, we believe. fot‘gol‘ ‘
tt-n lllt'il‘ ltirlltl'igllt, :llltl if \:\'L'l‘ lltt‘, titty
shall comc——which may (Rod avert-Mwhen
it shall be necessary to battle
Hahn's (.brpus and Mug/no (,‘harttt, as did the

is

do for our
brave old ltoundheads of England, we be—
lieve that another (‘tttmwt-ILI. and another
ll..\.\tt'ln-:.\' will lind such compatriots to fol—
low them as taught to despots the salutary
lesson that the, many were not tnade for the
t, few, and that, the inalienable rights of a free
lpl'oplt't'alt not be violated with impunity.
May it not be our fate to realize the truth of
(ioldsmith's lines,

 

‘IH fart-s the land to Ita-tteulm; ”is a prey,
\\'Itere tern/II: accumulates and men decay;
l‘t int-es and Lords may flourish or may tilde,
A breath can make them as n breath has made;
int a hold peasantry, their country’s prldo,
\\‘ hen once destroyed, can never besuppllcd.”
——__I

  

 \\'\I;p lll ratified it no less than tit'teen pottage. .\t't|lllt‘st't'nt't‘ill wrong becomes a

       
     
         
        
      
        
      
   
   
   
       
          
   
    
 
        
         
       
     
   
       
    
        
     
   
   
         
       
         
     
     
       
     
 
      
        
      
   
   
       
          
       
         
       
   
        
      
         
           
           
   
   
   
   
      
       
        
 
   
   
          
     
     
       
     
     
     
        
   
   
   
 
 
     
 
   
   
   
   
   
   
 
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
 
       
 
   
 
   

 

times, and lll'fs'll‘u’ l\', founder of the l.an— ‘ erime. The ret'u 'Il to see the eousequenees
t‘il\'tl'lllll.‘<’,.‘«l,\ times, This >llt)\\'w‘ how jeal— which must inevitably arise from deliberate
ously they guarded the great eharter of their and persistent violations of inherited rights
freedom. The dung-,er lay not no Inueh in in the interests of politieal parties when the
attempts at r‘lllH't‘l‘rlull on the part of her lit-public ismenaeed by no danger, save from
weak monarchs as of her abh- and imperious those who, for their own behool', lay their
onesfirmeu like the eompterors of (,‘reey hands on it. vitals, argues an inditli-renec

at which is criminal and sueidal.

 

and Atriueourt. lhit military fame and I;
executive ability only made them guard with From the hill lately p:
1 greater watehfulness the actual and possible we quote: “It shall be lawful for the l’rcsl-
aggressions of their possessor upon Mag/no , dent of the United States, when in his judg-
Char/a. lloldinh‘. as they did, the purse- Incnt the public safety shall require it, to
strings of the nation, every infraction of the suspend the writ of Holmes (,hrptm.” What
charter of freedom was resisted, and a vote does the Constitution say? “The writ of
of supplies conditioned only by a substan- Ila/Jens (.‘orpus shall not be suspended unless

ed by t‘ongress

 

   

tial redress of grie'anees. when, in :ases of rclmlh'on or f)ll.'tl:tit)n, the

lt has been supposed by many that Holmes public safety may require it." “here exists
(ibrpns had no existence until its provisions rebellion or iurusioa." Certainly not within
were formulated by Lord Suar'rusut'm‘, and the limits of these United States, unless it be
passed by Parliament in 1679, in the the in 'asion ot' the rights of the people,
31st ymr of (Juaumcs ll. This is a mis- guaranteed by the t.‘onstitution, by an on»
take. la the charter extorted from Kingt scrupulous l'lxecutive, backed by a servile
JOHN occurs the following language: “Na Legislature, whose sole object. is to perpetu-

freemmt shalt be {rt/zen or imprisoned, or be dis— ate the 14110, of a minority, though at the ex-
seized 0/ 115$,Ii‘t‘t’/WM, 01‘ 11.007112“, 07‘ free. CW'WM, pcnsc of all that the fathers of the Republic
orbcoutluzrcd, ()I‘t‘J‘ffdi, orton/(it/wrtl'isedestroyed, thought worth lighting for, and worthy of
nor will ire. puss upon him, norsentl upon. him but frccmcll to live for,

 

by tultjfut judgment of Iris peers, or by the law (If (.‘ontrast with this the late pro vision for
(In: (and. lire will sell to no man, we will uoldrlay suspension of JIalmus (,brpus by the. lritish
to (my numjuslicc 01‘ Ply/ti.” Parliament in disaffected Ireland. There.

Noble words these, and not mere Words be—
:ause they were intended to be enforced.
'i‘wcnty—tive of the great llarons of the realm

 

agrarian outrages had madelifc and property
insecure, and the ordinary eonstalmlary was
unable to maintain order. Provision was
. wer‘ appointed to see these provisions car—
ried out, and the repeated confirmations in but only under the grealcgt possible safe-
this and subsequent reigns show how well guards. The Lord Lieutenant found it nec-
they and their successors fulfilled theirtrust. 05,11” to suspend it, hm confined the sus-
No one 0:111 doubt that LEI/MW C'UI'PUS ill 1‘11 pension to a sing/la district in a single county,
its essentials is 001111111161 ill the pa “agrarh and then immedia‘ely reported to the Home
“'0 have ‘ltWtC‘t- Mt'- tt-‘hh-Ut» ht his “Milt-k Office. in full the reasons why. ButCongrcss
dlc Ages,” observes tht‘t “from the 01'“ 0”““3 makes provision for its suspension at the dis—

made for its suspension for a limited time,

JOHN’S Chm'tt‘lt'i it ““1“ hit“? bet)“ 3 Ct ‘1‘1‘ cretion of the. President, in a time of pro—

principle of the English Constitution that no found peace, in all the 5mm and

man can be detained in prison without trial. amonp; the 38,000,000 of people who compose

“VhEthCl' courts or .lUSth‘C framed tht‘ “'l‘tt Of this Union. Is not this such an occasion as

”“11“” 00’7”” ht “mt-What." t0 the the possible one to which IIALLFIM referred

spirit of this clause, or found it already in when he said: “Ifmcretcmporrua/ circzonslmlces

their Register, it. became from that “1'11 the ort/ze doubtful plea of political necessity shall

1 right 0f 9"“? StthjCCt t0 ttChhthtt it- Th‘tt [cad men to [00]; on. its denial [L‘fffl «patio/,lhc most

“Tit: rendered “WW “(’h't’h/ remedial by the. (listing/trialling character of our Constitution. will

statute 0f CHARLES H, bltt finmdcd on the bcqflitt‘CC 3” Lord (JIIA'rIIAM when referring

broad basis of 3519”“ Cl‘ttfttly is the principal to this great bulwark of civil liberty, once

bulwark 0f Englishliberty." Again: ”It is . said: “Every man's house is his CASTLE. It

t’thOtt-‘l that these words, interpreted by any i may not be prolocled by moat or draa‘bridgc; it

honest COUl't- 0t. ht“: (30'1"0." 3“ ample secur- i may be no more than a straw-{hatched sited which

ity for the two Iil‘dhl rights or 01"“ SOCtCtNi” the winds of Item-ca may pierce (171(1th ruins of
’t- 3-; rights 0t. l‘t't‘l’t‘t't." t‘hd l’t‘t’st’htt1 hht‘t't." heaven drone/i, but [he Jx'ing of England may not ‘
of the citizen. cnler it—lze dare 9101."

BM Englishmen “'L‘I'O 11M “Wit“? thltt t- “'0 do not look so much to the population
any new immunity or right had th‘h ‘ of our great cities forthe just indignation
granted them by the promulgation of quyaa I which shall rebuke the 59“.“in of the,
Charla. It Was not lOOliCtl 1113011 113 11 National Legislature and the grasping am-
iou, and to that extent :1 curtailment, bition of the, Executive, as to the sturdy
the inhabitants of

 

conces
ofthe royal prerogative, Alloy/2m (‘lnzrtn was
only a recognition of the sometime dormant the rural districts. The large cities are ab-
provisions embodied iu the charter produced sorbed in ntanufitctures, commerce, and the
h." STEPHEN LANGTON, At't‘hhiShOI) ofCanter- accummulation of wealth from these sources,
bury, “'htCh had been 8‘11"th h." HENRY I most of which consists in stocks and per-
on his accession to the crown in 1100, one sonal property. These, from the insecure
hundred “Wt httCCh ."t‘itt's before RUNNY- ‘ nature ofsueh investments, and there liabili-
1 MEDE- NOI‘ “'35 it 110W ill the time Of HENRY " ty to fluctuation in value, thereby endangers
i 1- “is charter lh‘tmtt-‘Qtt that he “’Ohhl ing the ragularity and uniformity of their
' not seize the. revenues 0f the ChllI‘Ch; dividends, are more ready to acquiesce in
lthat he “'Ullld not OPPI'GFS Ihk" Barons : violations of fundamental law which do not
I by feudal CXflCtiUhS. and that in I'CSiX‘Ct 10 t immediately threaten their investments.
tthe masses of the people—the Saxons—he . Civil commotion is their abhorrcncc.
. would regard and observe the laws of ED- They will endure anything rather than risk
l wxnn THE Coxrmson l'pou this charter, civil war in which they may be ruined.
tfonnd by I..\.\'t:'rox in a monastery, and lIencc great capitalists and monopoli. : are
shown by him to the Barons of King Jonx, ‘ always found to be the strongest sup-
ras founded .llitymt Charm. hit neither ' porters of de facto Governments, whether
did its provisions originate with 1‘:D\\'.\R1)i founded on usurpation or not. hit the ag-
THE CONFESSOR. He based his laws on the . riculturaleonnnunity, and this, fortunately
laws of ETHELBERT, ALFRED THE GREAT, ’ constitutes the large majority of our popu-
and King INA. Indeed they were rather ‘ lations, are most jealous of the liberties they '
a digest, a sort of Justinian Pandccts, cm» enjoy. Their easy competence, removed
hodying and adapting,r previous laws to . equally from penur” and luxury, fosters a
the usage and spirit of his time. “'6 think healthy habit of independence. Their
we Could even Show that the spirit of Iflzbeas , wealth is not colossal, while it is securely 1
Corpst and the Great Charter existed invested in real estate. This constitutes I
at a. more remote period than this. So acute them the bone and sincw, and the mainstay
a writer as )onrxsomr says that a fair in- i of the land. They are the natural break—
terpretation of the Ilth chapter in the Ger- water against the seas of innovation, which
mania of TACITI'S will show the genius of; ever and anon threaten cvcry free people.
the English Constitution, and an examina- If they become careless and indifferent, the
tion of the Islandic Sag. s proves 11n- ‘ liberties of the country may be given up for
questionably that in legislation. and the. lost. Our trust is in them. The frecmen
criminal jurisprudence of that remote of America have not yet, we believe, t'orgot- .
l pe—Tpte, flit-spirit or 1hr- or. at i-hurem- t‘\'i\'it‘(l_ ten their birthright; and if ever the day
2“'9 have shown thatl'Iabms Corpusisimplieit— shall come—~which may God avert when
ly contained in the Magna L'harta of King j it shall be necessary to do battle for our
JOHN; that: )Iagna Charta was based on the j IIubcos Corpus and Afro/11a Charla, as did the
charter ofHENRYIahatthc charter ofIIEXRY . brave old Roundheads of England, we be-
I only formulated and summarised the laws ofI licvc that another L‘ROMWELL and another
‘ Eowaun Tm; Coxrcsson, and that the laws t IIAMI‘DEN will tind such compatriots to fol—
of the Confessor were a digest of the laws of low them as taught to despots the salutary .
ETHELBEnT, ALFRED and IN.\. No law 1 lesson that the many were not made for the
5 outside of Roman jurispudcnce has such an , few, and that the inalienable rights of a free
honorable and remote ancestry. No law like I people can not be violated with impunity.
it has ever existed in the legislation of all i May it not be our fate to realize the truth of
time. Only one analogous instance viz: the l (ioldsmith‘s lines,

right of “appeal" among the Romans. l Hill fares the land to hastening ills a prey,
This was the bulwak of Roman civil liberty ‘ Where ””m‘ “c““h‘uh‘tes “mt ”W ttt‘t'flé':
till the extinction of the llcpublie, when it lattices and Lordsmay tlourish or may fade,

. _ _ A breath can make them as a breath has made-
perisheddiclng swallowed up In the surrender hm u bold peasantry, their country.” pride, '
ofall legislative and executive power to thc When once destroyed eaunevcr besupplied.“
Emperor.

It provided that no Iloman citizen cou—
'dcmncd to death by the Criminal Court
should be cxccuteduutil he should have tirst
been permitted to exercise the right of ap-
pealing to his fellow—citizens collectively as-
scmbled, with whom a reversal or contirma-
tion of his sentence was lodged. )Ianya
stubborn battle was fought in the forum
in the Comitia Tributa, before this became z

 

 

ycomanry of the country

 

  

 

 

 

 

  

 

 
 

  

 
 

recognized principle. The violation of it was

 
 

often fraught with the most terrible conse-
quenccs. (JICEuo, trusting to the decree of
the Senate directing him to see that the Re-
public should suffer no harm, disregarded it
in the case of the accomplices of A’I‘ALINI‘I,
and bitterly did he have *ause to regret it_

 

Banishmcnt, contiseation of his property, and
destruction of his magniticcut villa, were. the
consequences to the man who had saved the

toman State, but, in saving,r it, had violated
the lIabcux Corpus of .liomc.

The whole period of the H'rtjxn'r dynasty, '
from the :thCssiou of Janus 1 till .1679, was
a struggle over this fundamental prlnciplc of
the English Constitution. Its violation
through the illegal Court of Star Chamber 1
precipitated the rebellion which brought ‘
CHARLES] to the block, and the revolution
which cost his son, JAMlcs ll, his crown. It
took nine hundred years to settle this prin-
ciple beyond all question as wholly outside
of royal prerogative. For one hundred and
ninety years no English monarch has dared
to interfere with it. No English monarch
has ever been entrusted with its keeping.
Parliament, and Parliament alone, must be
the judge of the expediency of its suspension.
Haircut: Corpus is the birth—right of Anicri- ‘

 

  

 GER.

 

 

NO. 79.

 

 

111i.\ed and y'ellow 711.11711'; “lilie 7‘1

(Jhio riI'cI

llaI quiet taIid \Ieak; (-hoiIe V
lhan is tirm at 51' KI. Mess poIk isquiI-t; hI-h'i

Bacon s quiet but tirm; shoulders sold at
rib sides ;:I'le Ir ri11111};c.llams sold at 111151
(II'oceI .—'l :.II'd uneh: Inged. Sugnrvh'teady
and In fair dem: Ind:
pIime ll(1I'11",I'.1\lII
maud;fe1mcnting‘..
@SOc.

\fI: iII'nIs, )1. II' 17 ~( otion dull and low er, with a
moderate demand; sales 7110 bales ' receipts 374
hale" shipmenIsI, 21:1. ; stock 11, 7111.1laggiug dull at
(' III'II meal Is 1i1III at $3 211 Corn steady and
:1 shade higheI; sales :11 Ill/4111' I. 111' for w hite shelled in
11er gunniesi sales 111 1-1, 51111 bushels hulke ear at 138' ..c.
111.111 steady at S i1ats firm at 1111’161‘.’ ..c Ilay
\ 011121. Produce steady. liIttteI L’TQI‘JSe.
' t l‘IoI-isions dull, but steady; Mess
Io : 51% Bacon—P le'Ir sides ‘1'} '11}, '17,.1'; shoulders
Tlflgc liulk meats dull and nominal. Flour 111m at
8501.!) for low to fan: y. New potatoes scarce at 55‘ .. Sci;
5 511' old pcach— blm' ’

‘ firm at Sll 1.1).
ClilC.\GO,)i'.1_\'l

demand'
are steady and in fan demand;
Louis (Kimt‘hc.
(i‘li.

at 3111.
SC'

 

sis steady and in
,planiation 1eboilc'd 25

 

 

 

   

 

7. ——l-‘ lour is (1(lit'0, for evpoIt and
a shade iirmer. \\' heat is dull; sales at $1 'Zli‘wtl .‘.11‘
cash, and Cl: ed 11151 211‘ ' foI June and cash. t‘orIi
has sold :It Q11” ‘ ,c for '\'o 2 ,closing at 51‘ ;c cash
and seller June. 11-Its :IIe higheI at «1.11‘ 1 ’10:: for reg-
111:11'.1t\e is w I' (315"? for .\'o Barley is quiet
111511723212. Pork Is lower at $.15 T.) cash. Ilighwiues
are higher at 881-.
1.:1teI'-—:’I 1'. .11
ihisafterIIOOII, closing at $1 2:131
unchanged.
BAL'rIIIomr

     

.—\\‘heai has been a shade higher
30 cash. Corn is

17.—(‘otton is weak; nIIddIing
npl-Inds 1: '11: low middling 11" 1.0 1‘ lourJl he
market is hrmcr 11nd f-IiIlI :IcIiIe. “1:1e1t—l irm;
Ohio and indiana S] "l 11 1171' a ehoicelot of red
sold at 3'1 10. (III 11—“ hite Southern steady at 7
750; Iellow Southern “ml: at 7.111751‘; mi.\' (1 We
crn 71.11.I.Ic.0ats dull at 111mm. 1’r01 isions—Mess
purl. 's quiet at 3153118 511 11 lttill is steady. IIard
quiet. \\ hisky is dull at 11211311930.

Burn. \1 0, May 17. —The 1-‘ 1011.! market is steady :It
57. \\ heat 1 neglected' No. ‘2 is held at 51 ~10.
Corn . quiet.5 sales of 20,0001111sh WesteIn at 1it"c.
Oat actu—c and 1ir111' , Sfllt‘> oflill), 0U) bush \\ cstcrn at
SIEQIIIC; Ohio and lIIdian.I 5:10.1"rcigIIts me 1111-
chan"cd.

DI TIIOI r, May]

\o.1 31
0:115 mic for

) v

 

   

 

' ~\\ heat is trifle better; extia at
.111 :31); amber S1-1:1{1L1 ~16: regular
IIIi\ed. C'oin quiet, but 1Ir1n at

   

St

51 l

csigoic. *_
Foreign RIIu-kets.

Ll)\'1’111\', May 17~1 :30 1'..\1 -1 bonds of 1302,
5111 5411111190" 1—11‘), do of 1‘1137 ”2&1 LI'IC "2'2 ’1‘-11161.
2‘.’ 11- 113. Consols and bonds easier.

I.o_\'130_\_, May 17—5 1'.

9") 7-11} “

01‘ 15137, 9?. S-Ion

III RPOOL, )Ia

     

- :..1 —-1‘ he cotton mar-
ket' Is quiet. Sal t'oI the day 12,0110 bales. of which
3 ,111111 are for speculIIiun and e\port. )liddling up-
kinds, 7 9-16d'1niddling Orleans .111 113d.

BOARD {1F TRADE MEETING.

Report of the Committee on Merchants‘
Exchange Building Received
and Approved.

Important Action on the “11:1“ Tax.

The meeting of the Louisville Board of Trade, called
for 12:30 1". )1. yesterday, was well attended. At the.
appointed hourthe l’rr'sident, A. O. Brannin, took the
chair, and briefly e\1)‘ ined the object of the meetin".

James )I. Duncan, 1111 Iirman of the committee ap-
pointed ome time since to de\ Ise II .IIs and means by
which the Board of Trade could be vitalized and made
efficient in promotmg commercial and business inter-
ests, submitted the report of the committee, which
was read to the meeting by A. Wayland, £541., 813ch-
tary. The report embodied a well digested plan for
carrying out the ideas of the committee, that the
Louisville Board of Trade and the commercial inter-
ests of Louisville imperatively demand a
building in which the meetings ofthe Board of Trade
can be held.

The opinion of the committee, after consulting
high legal ability, was. that the charter under which
the Board of Trade is acting does not afford sufficient
guarantees to warrant the l.2r"e investment of money
nccc ry to construct :1 building commensurate with
the present and growing importance of the commerce
ofthc city. The committee, therefore, recommend a
separate organization, under the laws of the State of
Kentut' y, and presented for the consideration of the
meeting articles of incorporation which had been w'ell
considered and cart-fully prepared. After considera-
hle discussion, in which )less ‘. Duncan, Barbee,
Porter, Brannin and Brandeis took part, the following
resolution, offered by 11. Y. Sumars, was adopted:

Ramiro! by 111 1' Dwrvl 0f T1111! ', That the charter
proposed by J. )l. llunI-an,1'hair1nan.is satisfactory
and acceptable to this Iloard. and that this lloard
hopes that the committee now having the, subject in

charge. will organize under the law of voluntary ('or-
poratIons, as proposed, and proceed to act.

 

 

The recognized want of Louisville is a Merchants‘
Exchange building, and the :11'tionei‘ the Board of
Trade is a movement in the right direction, and the
prospect is highly cucouragmg that it will result ad-
vantageously to the city and to the L‘oard'of Trade.
With regard to a separate organization for erecting the
building, it seems to he the way such business is done
in all