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Three do Impure, 12 lines j ; sjuarcs, '24 lines j 3 quares, 36 lines lines or less, a:nare, 12 lines J glares, 24 lines Squares, 36 lines if a column, $ 60 $ 75 $1 00 1 00 1 00 2 Oo 1 60 2 00 3 00 3 months. 6 do. 12 do $1 50 $3 00 $5 00 2 60 450" 9 00 4 00 - 7 00 12 00 6J0O 9 00 14 00 10 00 1200 20 00 15 00 22 00 35 0o y All a Icerti.-ements must be marked with l n;-ber of insertions desired, or they will be i-etn-ed until forbid, and charged accordingly THE LAW OF NEWSPAPERS. !. Subcrilers who do not give express notice ro the contrary, are considered as wishing to con wie their subscription. 2. If subscribers order the discontinuance of -papers, the publisher may contiuue to send :!?m until all arrearages are paid. 3. If subscriber neglect or refuse to take their rjpers from the office to which they are directed, ;h?v are held responsible until they have settled :r.e bills and ordered them discontinued. 4. If subscribers remove to other places with ::t informing the publisher, and the newspaieis ,re sent t. tha former direction, they are held stoTisible. The courts have also repeatedly decided that a r -stnia.ster who neglects to perform his duty of- rving reasonable notice as required by the regu Motions or the Pest Office Department, of the -iect of a person to take from the ofnee news V iters adbressed to him, renders the Postmaster i ii le to the publisher for the subscrption From the London Court Journal. THE RUBY RING. D ii Rarr.on ITemlez, ex colonel of a defunct ('. .ini-t n gm ent, rcsuled in Coventry street, in tie llaymarket, ami sunned himself daily in that kunt of refugees, frcm Paris or Timbuctco, filled Leicester Square. That is to say, the don tuu-til himself on such das as the sun was vis ile ia that horrid northern island, where the f and the smoke of coal obscure the bright l.iLary any three hundred days out of the :..ree hundred and sixty five; at other times 1 's Spanish grandee was content to pace the ivtniciit without the Apollonian beams, albeit ,e sighed whtn he thought of bright anl merry 1-Lliid. D m Ramn was a very great person, t-Vae to understand, some of the bluest blood o'S-ii'ii's proud chivalry circulated about his v:.i! tvt: ar.d the quarte-riugs cf his family .-'..id 1 tv uh'j 1 sixty f ur all fairly told. In his v :t!;ft.l days under the skies of sunny Spain. lan.il tie splendors of tie court of King 1 riii and. Don Ran. n was a very gay fell; w, Ad. Rut alas ! evil times fell upon ?he land! fi n.' Te li-.a'. l died; and just previous to his r--.-it h he committed what amounted (in the eyes .: T :. Ramon, and all other sensible p- ri.ns) to 2 -'. exrrvrdiaary piece of folly. Ia a stupid f p iterna! aff.-ction, he actually repealed the '- '- liTv, and bequeathed the crown to his !-u;',itT, Isabella, instead of letting it slide to b brother, Carlos. Who could stand such a n n-tr us piece of injustice as that, I should tj know ? Certainly not D -n Carlos, among iora ranked the grandee, ILimoD Mcndez. T-'.a ca ne the siu of civil war. A crown is vt'i Siting for, let me tell you. And as Dju ' -.i s kvel absolutism, or out and out regality; ;:'e Is.ibctla, poor infant, was understood to be : fr r ..f cinstitu'i malism, (though it is well own that she loved sweet meats, candy, and "i wares, too well to trouble her head about lirs of State,) unhappily, Spain was henceforth Co le4, into two factions, one of which was fa-i-'-'-uly called 'Liberals.' Well Don Carlos, and Zulmacarregui, and Don r-x:n, and a'l the rest of them, fought and J-!:t, and all their fighting never brought the :r.-va an inrh nearer to their fingers. That " ;(here you may insert any Spanish eqde- ;- cyou may happen to prefer.) the widow -ris;ii,a. bad Tuck on her side, aud was able to r-e her daughter, the constitutional Isabella, fc-'dy on the throne. , TLen followed the usual proscriptions and ex-J-'J'.ations. Doa Ramon and many other representatives ''the hlue blood,' ' were compelled to quit the '-nuns land of their birth, and by .i malicious s'- ke of destiny, actually tc take refuge amid savage islanders who had helped to ruin cause. Well, the frown of fortune must ket with the shrug of indifference, if not with e mile of content. Don Ramon settled down 15 a two pair back, in Coventry street, where he i-e his otta and Bmoked bis cigarettes, read ope and Cervantes, and was as happy as a dis- 'Ppointed man can be. One day, however, Don Ramon met with a rtune a very heavy misfortune, indeed. lie kst t ruby ring of great value ; but its intrinsic ilue was a trifle compared with the worth it krived from the fact of ita being a present fiom illustrious Don Carlos himself. 4I vould not loose it for fifty tousand reals,' screamed to Mrs. Badger, his landlady, as t bewildered female stood at the staircase sxiously listening to his passionate recital of the ofthe royal gem, Ze King, (he always 'v'ed him kini.'i ze king Carlos, himself, he Ve it me. He take it from his fingare ; he fe it on my hand; he eay, zare take zat, for y great love at yon.' Oh ! my ring, my ring ! K ca&be toy ring. 'I hope you don't think I've got it,' said Mrs. Badger. 'My goot voman, I don't blame you ! I not blame noboby ! 1 don't know one person in all ze vorld what shall take it ! All I know, it gone ! said Don Ramon, with a groan. When did you see it last V said Mrs. Badger. Zare on ze dressing table, when I go out yes terday to Leicester Square. I not eee him since.' 'It was very careless to leave a valuable ring about like that,' said Mrs. Badger. 'Yy, voman, vy?' cried the Spaniard. 'Is not zis my apartment? Sail I not lock ze tings all safe when I go out? Perdition !' Well I'll send for a detective,' said Mrs. Badger. 'This is the only way to settle the business!' ." Mr. Figgins the detective, was a thin, little man, with steely looking hair, like that of a Scotch terrier. His dim, grey eyes, without pre tending to be very penetrative, nevertheless took j the moral measure of a party with sufficient ac- curacy. He was wise enough to say but very little, and his enconomy in the use of words was such that he never answered a question. On entering Mrs. Badger's, Mr. Figgins threw himself a into chair, and brushirg up the shock of steel wire over his forehead, oast a few furtive dances upon the group before him which in- deed, comprised Don Ramon, Mrs. Badger, and Susan, the servant. Then, taking out a note bcok. he began to make a few memorandas. Ring lost, eh V said he. j 'Yes,' said Mrs Badger, 'an elegant ring j gold and rubles worth no end of money !' j Fifty tousand reals.' critl Don Ramon. j Mr. Figgins inquire.! how, when and where it ! was la;t seen to all of which inquiries Don Ramon answered with eager anxiety. Show me the room,' said Mr. Figgins. It was done. Show me all over the house." J That too, was done. j As Mr. Figgins went from room to room, he made particular inquiries regarding each individ- u.d who occupied the chambers. As far as one could glean anything lrom the manner of this ; man if wire, his inquiries did not re. ult to his satisfaction. As he was coming down the staircase again, he ', suddenly caught Susan ly the arm, and said : ; "Any followers?" i The girl flared up in a succession of blushes, j and said : ! " Ob, good 'evens, 'ow ever could you think of such a thitig ?" " Um !" said he, turning to Mrs. Badger. "No, sir," said the lady; "I don't think there's anything of that kind going on leastways, not j with mj consent, it ain't. I tol2 her, when she took the place, that I couldn't all nv any sweet- hearting here. We have plenty of work to do, ' w ithout thinking of nonsense of that kind." ! "Um!" said Mr. Figgins. And making a few more inquiries, anil taking a few more notes, he quitted the hoiie, leaving ' them all wonderfully impressed with his talent ( he said so little. j " That girl is at the bottom of it, I guess." , aid Mr. Figgins to himself, as he mounted the three-venny omnibus to reach Scotland Yard, i That is to say, I don't think she is guilty of ; stealing the ring, but she has got into a mess with somebody who did it. I could read her pretty j plainly. However, we shall see." I And descending from the vehicle, he went to , his private room, in the detective's headquarters-! and began to arrange his plans for the discovery of the ruby ring. Poor Susan ! She kept up courage as long as he could ; but as soon as she reached the miser able den below, she threw herself into a chair, and wept bitterly. Then she arose, and t iking a dirty scrap of piper, scrawled the following words : " Don't come here never eny more. You hev done it. bU: AX. And having has.ily inclosed this scrap in an envelope, she slipped out unnoticed, (as she tho't) and posted it in the nearest letter-box. A week passed by. Nothing was beard of the ring or the detective. Don Ramon began to curse British institutions as he had never curbed them before, whitb is going very far indeed. Cervantes had no longer a charm for him. Don Quixote might have fought a whole regiment of windmills and won no smile from his passionate lips. The tricks and quips of all the witty Graclosos in Lope were stale and stupid to this Spanish gran dee bewailing the loss of a royal gem. He trod Leicester Square i n bewilderment, and actually so far "forgot himself as to raise his hat to the Spanish ambassador, the representative of that hated constitutienal infant, Isabella. It was a dull and drizly evening. A combina tion of fogs had settled over unhappy London, like a thrice-ebonized pall of gloom. The street lamps struggled in vain to cast cheering rays through the mournful mist, and sickening in wasted energy, paled into hopeless despair. Pe destrians in the streets loomed up against you like ghouls, and then bounced against you like battering-rams. Your sides ached with reiterated blows ; and there was a new marvel in phrenolo gy the development of bumps of concussiveness. The vehicles wore the awful ' aspect of moving mausoleums, dark and grim in funeral majesty. Up from Westminster bridge rolled a great col umn of fluvial vapor, which settling down over Whitehall and the Horse Guards threatened o blot them out of existence. Scotland Yard had faded from the memories of men. No ! not exactly, since two or three shrewd fellows just then drove up in so many cabs, and threading their way to the great Temple of Detection, roache 1 the ante-room of Mr. Fig gius. There was a rap at his door. " Come in, Mike," said Mr. Figgins. as Mike's head peered round the door. It was a snug, cheery little apartment that Mr. Figgins occupied carpeted, curtained, brilliantly lighted with gas, and nicely. warmed. Mr. Figgins sat at a large writing-table, above which rose tier upon tier of pigeon-holes, full of papers and memoran da. " Come in, Mike." And Mike entered and took a chair beside him. " Now, about this business," said Mr. Figgins, opening a small portfolio of papers which refer red to the c&ire under consideration. " You have been tracing the different rings. When did you get the two imitations ?" " On the night he stole the ring." " How do you know he stole it ?" interrupted Mr. Figirins. " Well, well," said Mike, with a smile, I think it a pretty clear case, sir. On tho night he had pos&ession of the ring, he went to Zacharia's in the Minories, and made them torn over their stock until he discovered two exacty resembling those the Spanish gentleman lost." Um! deep fellow," said Mr. Figgins. "Did he say anything there ?" ' lie remarked to the shopman that bis ruby was lost, and that as it was known among his friends that he posse'ssed a really good ring, the wearing of an imitation would answer every pur pose." Go on," said Mr. Figgins. ' The next day he went to Rose, the pawnbro ker's in Ox fold street, and asked for a loan of fifty pounds ou the real ruby. Rose offered thir ty. The party was dissatisfied, and went away ; but by and by he returned and obtained thirty pounds ou one of the paste rings, as Rose did cot examine it ery carefully." Capital !" said Mr. Figgins.ruhbing his hands. To think that Rose should bo taken in by such a scheme ! " "After this he went to Buckby, the pawnbro ker, iu Convent Garden, and obtained twenty-five pounds by a similar method. So be passed off two rings worth certainly not more than five shil lings for fifty five pounds. Mr. Figgins, cold and unreserved as were his usual habits, oculd not refraiu from indulging in a hearty peal of laughter at the success of the 'party '' ingenious trick. 'What ha become of the original ring ?' said he. I can trace nothing farther at present,' said Mike. That will do, then. Send in Ilearu, if he has returned. Hearn accordingly made his appearance. Come here,' said tMr. Figgins. 'Have you discovered anything about the abstraction of the ring V Yes.' What is the partys name ?' Oh, he has fifty different aliases,' said Ilearn ; Lut h's real name is Rjbert Smith.' What is his profession?' He has been a clerk, a carpenter, and a tick et poitcr ou the railway. But for the past twelve months he has been liviug on his wife,' Ha, ha' Preyed on society,' said Mr. Fig gins. 'How did it all happen with the giil?' IIe formed her acquaintance at Greenwich, three mouths ago, and has hung about after htr ever since. She does not suspect his real char acter. He promised to marry her when he could get work; but that never seemed likely to happen. The day the ring was stolen, he slip ped down the area aud asked for some food, as be had nothiug to eat. Mrs. Badger was out. x the girl gave him refreshment, aud then ran to get some ale for him While she was gone, he slipied down stairs, opened the Spaniard's door with a false key, and took the ring.' There is no end of the trouble caused by these foolish servant girls,' said Mr. Figgins. Is that all you know ?' That is all.' 'No tidings of the stolen ring ?' No.' That will do. Send in Manneriog as soon as he arrives.' And Mr. Figgins resumed the occupation upon which he was eugaged previous to the visits of these statellites. Presently there was a rap at the door, and Mannering entered. Have you traced him ?' said Mr. Figgins with a slight show of eagerness. Yes.' Where is he?' He took a ticket at the Bricklayers' Arms Station at ten o'clock this morning. He arrived at Dover at half past one. He was apprehended at three.' Good !' said Mr. Figgins. 'Where is the ring ?' 'He sold it at Dover for twenty pcrud.' 'By Jove !' said the detective. Y'es. He went to the Lord Warden Hotel to wait till the French packet started, and he gave his address as Sir Robert Smith.' 'Are they coming up with him?' Yes.' said Mannering; 'ihey telegraphed to sny they would be here to-night. The train ar rived at the Bricklayer's Arms Station at nine I guess they will be here iu ten minutes. And at that moment the campling of feet was heard in the ante room, and presently the door opened, and in walked the Superintendent ol the Dover police. Then came the usual congratulations anei civ ilities between the two officials, and then "Sir Robert Smith" was transferred to two of Mr. Figgin's officials, and within half an hour he fouud himself on the safe but unpleasant side of the walls of a police station. I have but little more to add to thii narrative Don Ramon received his royal gem with demon strations of delight, aud was careful to keep it out of the way of pickers aud stealers forever afterward. '"Sir Robert Smith" was sentenced to four years penal servitude. Susaa learned wisdom and vowed never to take a "follower" again unless he came well recommended. And Mr. Figgins rejoiced at his own wonderful shrewd ness in tracing tbe felon. 'Another conviction, Mr. Figgins,' said the worthy man to himself ; 'another conviction, and you unravelled the case most elegantly.' THE HABEAS CORPUS CASE. OPIKIOX OF Til K CIIIKK JFSTICE OF THE UMTEbSTATES. Ex Parte Before the Chief Justice of the Supreme Court of the John Merbtmax. J U. S., at Chambers. The application in this case fe.r a writ of hale as corpus is made to me under the 14th section of the Judiciary Act of 1789, which renders effec tual for the citizen the constitutional privilege of habeas corpus. That act gives to the courts of the United States, as well as to each Justice of the Supreme Court, and to every District Judge power to grant writs of habeas corpus, for the purpose of an inquiry into the cause of commit ment. The petition was presented to me at Washington, under the impression that I would order, the prisoner to le brought before me there, buU-s Jv'wd(confined in Fort McIIenry,"at the city oltianjre.-tvuicu is in my circuit, I re solved to bear it in the latter city, as olxdience to the writ, under the circumstances, would not withdraw 'Gen. Cadwallader, who had him iu charge, from the limits of his military command. The petition presents the following case : The petitioner resides in Maryland, in Baltimore coun ty. While peaceably in his own Iioum; with his family, at 2 o'clock, on the morning of the 2-jth of May, 1861, it was entered by an armed for .re, professing to act under military orders. He was then compelled to rise from his bed. taken into custody, and conveyed to Fort Mcllenry, where he was imprisoned by the commanding t ffioer. without any lawful authority. Tle commander of the fort. Gen. George Cad wallader, by whom he is detained in confinement, in his return to the writ, does not deny any of the facts alleged in the petition. He states that the prisoner was arrested by order of Gen. Keia;, of Pennsylvania, and conducted as a prisoner to Fort Mcllenry by his order, and placed in his (Gen. Cad wall ader's) custody to be there detain ed by him as a prisoner. A copy of the warrant, or order, under which the prisoner was arrested, was demanded by his counsel, and refused. And it is not alleged iu the return that any special act, constituting an off-nee against the laws of the United States, has bof-n charged against him on oath, but he appears to have leen arrested on general charges of trea son and reltellion, without proof, and without giving the names of witnesses, -r specifying the acts, w hich, in the judgment of the military offi cers constituted these crimes. And having the prisoner thus in custody, under these vague and unsupported accusations, he refuses to obey the writ of habeas enpus, upon the ground that he is duly authorizcl by the President to suspend it. The case, then, is simply this. A jnilit ry officer, resiiiinc it Pennsylvania, issues an order to arrest a citizen of Maryland, upon vague and indefinite charges, without anv proof, so far as it appears. Under this order, his houe is en'eietl in the night ; be is seized as a prisoner, and con veyed to Fort Mcllenry. and there kept in close confinement. And when a habeas corjms is serv ed on the commanding officer, requiring him to product the prisoner befire a Justie- of the Su preme durt, in order that he may examine into the legality of the imprisonment, the auswer of the officer is. that he is authorized by the Presi dent to suspend the writ of habeas corjrus at his discretion, and. in the exercise of that discretion, suspends it in this case, and on that ground refu ss oh-ed'tonce to the writ. As the case comes before me, therefore, I un derstand that the President not only claims the riuht to suspend tho writ cf habeas corpus him self, at his discretion, but to delegate thatdisrre tiouary power to a military officer, and to leave it to him to determine whether he will or will or not obey judicial process that may be served up on him. No official notice has been given to the Courts of Justice, or to the public hy proclamation, or otherwi.-e, that the President claimed this power, and had used it in the manner stated in the re turn. And I certainly listened to it with some surprise, for I had considered it one of those points of constitutional law upon which there was no difference of opinion, and that it was admitted on all hands that the privilege of the writ could not be suspended, except by act of Congress. When the conspiracy of which Aaron Burr was the head, became so formidable, and was so ex tensively ramified ns to justify, in Mr. Jefferson's opinion, the su.-pension of the writ, he claimed, on his part, no power to snspend it but com municated his opinion to Cmgress, with all the proofs in his pessesiiioii, iu order that Cjngross might exercise its discretion upon the subject, and determine whether the public safety required it. And in the debate which took place ujou this subject, no one suggested that Mr Jefferson might exercise the power himself, if, in his opinion, the, public safety demauded it. Having, therefore, regarded the question as too plain and too well settle"! to be oj;n to dispute, if the commanding officer had stated that upon his own resjionsibility, and in the exercise of his own discretion he refused obedience to the writ, I should have contented myself with referring to the clause of the Constitution ami to the construc tion it received from every jurist and statesman ol that day. when the case of Burr was before them. But being thus officially notified tlmt the privilege t f the writ had bee-n suspended under the orders, and by the authority of the President, and. believing, as I flo, that the President has exercised a power whieh be ds not posnes un der the Constitution, a proper respect for the high office he fills requires me to Mate plainly and fully, the grounds of my opinion to show that I have not ventured to question the legality of his act without a careful and deliberat e exami nation of the whole subject. The clause of the Constitution which authorizes the suspension of the privilege of the writ of habeas cvrjws, is in the ninth section of the fiist article. This article is devoted to the legislat:ve depart, ment of the U. S., and has not the slightest ref erence to the Executive Department. It begins by providing ' that all legislative powers therein granted shail be vested in a Congress of the U. S., which shall consist of a Senate and House of Rep resentatives." And after prescribing the manner in which these two branches of the legislative de partment shall be chosen, it proposes to enumer ate specially the legislative powers which it thereby grants, and legislative powers it expressly prohibits, and at the conclusion of its specifica tions, a clause is inserted, giving Congress ' the power to make all laws which may be necessary and proper for carrying into execution the fore going powers, and all other powers vested by the Constitution in the government of the U. S. or in any department or office thereof." The power cf legislation granted by this clause is by its words carefully confined to the specific objects before enumerated. But as this limitation was unavoidably somewhat indefinite, it was deemed necessary to guard more effectually cer tain great cardinal principles essential to the lib erty of rhe citizen, and to the rights and equality of the States, by denying to Congress, in express terms, any power of legislation over them. It i to tht States, are re.rvod to tbe States rcspee was appiehcnded.it seems, that such legislation j lively. r to the j ple." might be attempted under the pretext that it was j Indeed, the security against imprisonment by necessary and proper to carry into execution the ' executive authority, provide. fr in the fifth arti powers granted ; and it was determined that there ! cle of the Amendments to the Constitution, "which should be no ro m to doubt, where rights of such j I have lefore quoted, is ce-thir.g more than a copy vital importance were concerned, ard, according- : of a like provision i:i the English Constitution., ly, this clause is immediately followed by an j which hall been firmly established before the enumeratiou of certain subjects, which the powers Declaration of Independence. of legislation shall not extends, and the great irn- J llack"ne. in his commentaries (1st vol. 1S7) portance which the framers of the Constitution at- Mates it in the following words: tached to a writ ofa6ea.corpi.c to protect the lib- j "To make imprisonment lawfal. it must be erty of the citizen, is proved by the fact that rts either by process from the Courts of Judicature suspension, except iu cases of invasion, and re belhon, is firt ia the list of prohibited powers 3iid even in these cases the power is de nied, and its exercise prohibited, unless tho public safety shall require it. It is true that in the cases mentioned. Congress is, ofnecessjtr, the judge of whether the public safety dtc, or does not reqvJre it; and its iudirment is con - elusive. But the introduction of tbe.-fr words ! the libe-i'ies'wf the citizens agaim-t executive en is a standing admonition to the legislative body i crcaebmerSuand oppression, they wculd Lave of the danger of suspending it, and of the extreme ! conferred on the" Presid-eut a power which the caution they should exercise before they give the hit ry e-f England had proved to be dangerous Government of the U. S. such power over the '. and oppressive, iu the hands of the Crown, and liberty of a citizen. j which ibe wp!e of England bad compelled it to It is Che second article of the Constitution that j surrender after a long ami t.lotinate struggle on provides for the organization of the Executive the part of the EnglL-h Executive to usurp and Department, and enumerates the powers confer- retain it. red ou it, and preserir.es its duties. And if the j The right of the subject to the benefit of the high power over the liberty of the citizens now j w rit cf kaJjas corpus, it must be recillected,was claimed was intended to be conferred on the ! one c f the great points in controversy daring the President, it would undoubtedly be found in plain j long struggle in England. liweeu arbitrary gov words in this article, lint there is not a word in ' eminent and free institutions, and must therefore it that can furnish the slightest ground to justify me exercise oi tne power. The article begins by declariug that the Execu tive power shah be vested in a President of the U. S. of America, to hold his office during a term of four years -ami then proceeds to describe the mode of election, and to specify in plain words the powers delegated to him and the duties im posed upon him. Ard the short term for which he is elected, and the narrow limits to which it is confined, show the jealousy and apprehensions of future danger w hich the framc-rs of the Consti tution felt in relation to that department of the government and how carefully they withheld from it many of the powers belonging to the Executive branch e-f the English government wiiich w ere considered as dauserous to the liberty f the subject and conferred (and that rn clear and siecitic terms) those r towers only which were ' deemed essential to secure the successful opera- ti -n of the govcrn-ncut. H:.,i,i t i ' i -i r .i e is elected as I have alrea-Jv su l, for the i . ; , , rr ii n ! briel term of four vears, and is made personally ; ,' , f .J responsible by impeachment, for malfeasance in it - r i i . r office. He is from neces-Mtv and the nature of his duties, commander in-chief of the army and navy, and the militia when called into active on for th support i rv f"- X l I Uongress for a long- 4Z :. - r service. But no approoriati of an armv can be made bv Co cr iteriod than two years, so that it is iu tiie power of the succeeding Hrnse of Representatives to withold the appropriation for its supjort. and thus disband it, if, in their judgment, the Presi dent used, or designed to use, it for improper purposes. And, although tlje militia when in actual service, aie under in his command, the appointment of the officers is reserved to the States, as a security against the use of the mili tary power f r purposes dangerous to the liber ties of the people or the rights of the States. So, to, his powers in rel.iti n ti the civil du ties and authority tiecessiiy conferred on him are carefully restricted, as well as those belong ing to his military character. He cannot ap point the ordinary officers of the government nor make a treaty with a foreign uatiou, or Indian trile. without the advice and consent of the Sen ate, and cannot appoint even inferior c.f;iecr unless he is authorized bv an act of Congress to do so. lie l x not emp .wered t " arrest a-y one , charged with an effence against the United , tates. and whom I c may, irc-m tr.c evidence ie- fore him , belie re to be guilty, nor cau he author ize any officer, civil or military, to txerei.-? this Iow r. for the fifth article of the amendments to ti e Constitution ts pre sly provides that no person'- hall be deprive-1 of life, liberty or prop erty without the due process of law' that rs judicial proc.ss. And even if the privilege of the rit of htlcus corpus was sr.sjetided by act of Congress, and a party n .t subject to the rules and articles of war was afterw-arL arrested and imprisoned by regular judicial prccess he could not bo detained in prison, or brought to trial be fore a military tribunal. fr tbe article in the amendments to the Constitution, immediately following the one above ref red to that is the sixth aiticle provides that ' In all prosecutions the accused shall enjoy the ri-ht to a speedy and public trial by an impartial jury of the State aad district wherein the crime shall have been c 'xtnkted, which district shall have been previ ous v nsrei Uined bv Ia .v, and to l-e iafjnned of the nature and cause of the accusation : t- be confronted with the witnesses againtt him ; to have coinonls'TV r roress for obtaining w:tnesses in bis favor and to have the assistance of Counsel for his defence.'' An 1 the only power, therefore, which tie President possesses, where the life liberty or property" cf a private cit:Zt-n is concerned, is the duty prcserilt'd in tho third sec tion of the se cond aiticle. which requires that he shall take case that the laws l-e faithfully xecuted. He is not authorize.! t execute them himself, or throu-h agents or flicers. civil or militarv, appointed by himself, but be is to take care that 'hey be faith- fu.ly earned into execution js they arecxpoundecl j for twy terms (including aL-o the long vacation) and adjudge by the co ordinate branch of the) to deliver au opinion how fur such a charge was government, to whicn that di.ty is assigned hy I bailable-. And when at length they agreed that the Constituti . n. It is rl us made his duty to J it was, they however annexed a condition of rind co:r. in aid of tho judicial ai tlhority. if it shall .: jg suie i f.r their 2ood behaviour, w hich still l e resisted bv a force too strong to be overcome without the assistance of the Executive arm. But in exercising tnis power Le acts in subordi nation t- the julicial auhority, assisting it to execute its process, and enforce its judgement. With such provisions in the Constitution, ex pressed in language too clear to be misunderstood by any one. I can see no ground whatever for supposing that the President in any emergency or auy state of things, can authorize the Mi-pen-sion of the privilege ef the writ e f hirea ri"ts, or arrest a citizen, except in aid cf the judicial power. He certainly dow noi faiiLadly cX-cute the laws it' he lakes upon himself legislative pow er by Mispcudii g.tho writ of hab'az c- rj-n and the judicial power also, by arresting and impris oning a erson without tine processor law. Nor can any argument be Jra'Li t.oia the uat'.irc of sovereignty, or the necessities of Government for self defence in times of tumult and danger. The Government of the United States is e-De of dele gated and limited jtowers. It derives its exist ence and authority altogether from the Constitu tion, ami neither of its branch. Executive, Legislative, or Judicial, can exercise any of the powers of Government beyond those specified and granted. For the 10th aiticle of tbe amendments to the Constitution, in express terms, provides that " the powers not delegated to the United States by the Constitution, nor prohibited by it r ov warrant from some leal oCicer having ao tborty to cminit tj prisor.." And the people-cf the Ui.ite-d States, wlx-h ad themselves lived tin lrr i s protection while they were IriiLh t-ub- i-cls, were well aware of the cecosity ol tins j afc uird for their peronal liberty. Aud naene that in framirisa jrevcrnment intcd- ! ea to ur-J .still ioore efnsH'tiiS tLerfihls and. have Mioiigly attracted the attention of states men engaged iu framing a new and, as they snp ixtse I, a freer government than the rone which j thy had thrown off by the Revolution. For i frem the earliest history of the Common Law. if I a iCTsrn Wa imprisoned no matter by what authority he had a right to the writ of habeas corpus to bring the case before the King's Bench ; and if no secitic offence was charged against him in he warrant of commitment he was entitled to be forth wi:h discharged ; and if an offence was chaiged which was Lai able in its character, the court was bound to set him at liberty on bail. An', the mot-t exciting coi.tetts between the Crown and the people of England from the time of Magna Chart t. were in relation to the privilege of this writ, and they continued until the passage of the statuteof 31st Charles 1 1., commonly known. as tlie re;it Jaoco corj.v act. This statute put au -"u lo Mlu,ci secured the liberty of the subject, from the usur- pation and oppression of the executive branch of , , . r-, -1 the government. It nevertheless conferred no e. ,. , - . , . . . . w i new riiiht upon the subiect, but onlv secured a ... "J , - .- -,, i.i i .i ;i t nsht alreadv cxistinz. lor although the nsht . , . , - , 5 r. f COUll 11 OL In; jusiiv l.eiiitrvt, ili c has v-i... u uv j effectual remedy against its violatien. Until the statute of tne l3tb "f diiam HI., held their offices at the pleasure of th i-vi - , the influence which he exercised over the judges the King, and er timid, time serving, and partisan judges often induced them, urx.n some pretext or other, to refuse to discharge the party, although he was entitled to it by law, or delayed their decisions from time to time, so as to prolong the imprisonment of persons who were obnoxious to the King for their political opinion, or had iucurred his resentment in any orber way. The great and inestimable value of the habeas corpus act of lite 31st Charles II., is that it con tains provisions w-hich comjtel courts and judges,, and all the parties c nicvrned. to perform their duties promptly, in the manner t-pecified in the &tatute. A passage iu B"aekstom's Commentaries, show ing the ancient .-tate of the law ujton this subject, and the abuses which was practiced through the power and influence t'f the Crown, and a short extract from Hallam's Constitutional Uistorv stating the cucunitancc-s which gave rise to the- rvs!i;c of th -s statne pa-m brief v, but fallv, al matt.r-a, to tUs 8ul t. Blackstone. iu his G'timientark e-n the Laws of England, (3d Vol., 103-134) sa;s : To assert au absolute exemption from impris onment iu all cases, is inconsistent with every idea of law and political society, and, in the end. would destroy all civil liberty, by rendering its protection imjiossible. ' But the glory of the English law consists in clearly di fining the times, the causes, and the extent, 'whe-n, wherefore, and to w hat degree the imprisonment of the subject may be lawful. This it is which induces the absolute necessity of ex pressing upon every commitment the reason for which it is made, that the c-urt upon a habeas corpus may examine int : its validity, and ac cording to the circumstances of the case, may discharge, admit to boil, or rcruaud the pris oner. "And yet .early in the reign of Charles I., the Court of King's Btnch. re-lying on sonie aibitrary precedents (and those perhaps misuu lerstoodj determined that they would lic-t. upon a habeas corpus, either bail, or deliver a prisoner, though Commute J without any cause assigned, in cae be was committed by the tqtecial command of the Kinz. or bv the Lords cf the Privy Council. ThisTdr .v on a Parliamentary inquiry and pro duccvl the IU(ion f R-jht 3 Cnarles I which, recite this illegal judgrmrt, an i enacts that no fiee-man l.cie: Iter shall be S3 imprisoned or de . . .. r- i - . r tamed. lut wiien in lic lolloping year jut. Se-lden and others were Committed by the Lords of the C-un i in puru-tnce of bis majesty's spe cial c-Hiiniand. under a general charge of nc table contempts and stirring up sedition against the Kins au 1 the cove rnrr.cn ..' and the judges de!aved pro tracted their im prist. nnunt, the Che-if Justice, Sir Nicholas Hyde, at the same time declaring that if they were aaia remanded f. r that cause perhap? the" court would not afterw aad grant a habeas Corjus. U ing already made acquainted, with the cause c f the imprisonment.' But this was beard wiih in.hgui.tioU and astonishnif r t by every lawyer ptvsent, according to Mr. Sel den's own account of the matter, whose resent ment was not cooled at the distance ef four aud twenty yea s " It is worthy e remark, that the cfTc-sce charged against the prisoner iu this case, and rvhed on as a justification for bis arrest and im prisonment, in their nuturc ani character, and in the loese and vague manner in which they are stated. War a striknig reses.Ll.HiCe. to t'lse as signed in the warrant for the arrest of ilr. Sl den. And yd. even at that day. the warran" was regarded as su?h a flagrant violation ef tbe rights of the subject, that the delay of the time serving judge- to set him at liberty npon the hiLcas corpus issued in Lis behalf, excited univer sal indignation of the bar. The extracts from Dallam's Constitutional His tory is equally impressive and equally in point . It is in vol. 4: p 14. . ' It is a very common mistake, ard rt ei!v among foreigners, but many fr-ni whom soio krvwltsle of eor cotitutk-nal Lh ni I t
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