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C. Edwards Lester, Life and public services of Charles Sumner: Born Jan. 6, 1811. Died March 11, 1874. 12 0 Browse Search
Benson J. Lossing, Pictorial Field Book of the Civil War. Volume 3. 8 0 Browse Search
The Daily Dispatch: August 21, 1863., [Electronic resource] 6 0 Browse Search
Rebellion Record: a Diary of American Events: Documents and Narratives, Volume 10. (ed. Frank Moore) 6 0 Browse Search
Edward H. Savage, author of Police Recollections; Or Boston by Daylight and Gas-Light ., Boston events: a brief mention and the date of more than 5,000 events that transpired in Boston from 1630 to 1880, covering a period of 250 years, together with other occurrences of interest, arranged in alphabetical order 4 0 Browse Search
Horace Greeley, The American Conflict: A History of the Great Rebellion in the United States of America, 1860-65: its Causes, Incidents, and Results: Intended to exhibit especially its moral and political phases with the drift and progress of American opinion respecting human slavery from 1776 to the close of the War for the Union. Volume II. 4 0 Browse Search
Harper's Encyclopedia of United States History (ed. Benson Lossing) 4 0 Browse Search
Rebellion Record: a Diary of American Events: Index, Volume 1. (ed. Frank Moore) 2 0 Browse Search
Rebellion Record: Introduction., Volume 1. (ed. Frank Moore) 2 0 Browse Search
The Daily Dispatch: July 23, 1864., [Electronic resource] 2 0 Browse Search
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Browsing named entities in C. Edwards Lester, Life and public services of Charles Sumner: Born Jan. 6, 1811. Died March 11, 1874.. You can also browse the collection for Habeas Corpus or search for Habeas Corpus in all documents.

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ing to each individual case. It authorizes judgment on ex parte evidence, by affidavits, without the sanction of cross-examination. It denies the writ of Habeas Corpus, ever known as the Palladium of the citizen. Contrary to the declared purposes of the framers of the Constitution, it sends the fugitive back at the public tor from South Carolina, Mr. Smith, anxious for the asserted right of property, objected, on this very floor, to a reference of the question, under the writ of Habeas Corpus, to a judge without a jury. Speaking solely for property, these were his words: This would give the Judge the sole power of deciding the right of propelapse of months, still languishes there, the victim of this pretension; while,—that no excess might be wanting in the madness of this tyranny—the great writ of Habeas Corpus, proudly known as the writ of deliverance, has been made the instrument of his imprisonment. Outrage treads upon outrage, and great rights pass away to perish
the land—but to the unaided judgment of a single petty magistrate. It commits this question to a magistrate appointed, not by the President with the consent of the Senate, but by the Court; holding his office, not during good behavior, but merely during the will of the Court; and receiving, not a regular salary, but fees according to each individual case. It authorizes judgment on ex parte evidence, by affidavits, without the sanction of cross-examination. It denies the writ of Habeas Corpus, ever known as the Palladium of the citizen. Contrary to the declared purposes of the framers of the Constitution, it sends the fugitive back at the public expense. Adding meanness to the violation of the Constitution, it bribes the Commissioner by a double stipend to pronounce against Freedom. . If he dooms a man to Slavery, the reward is ten dollars; but, saving him to Freedom, his dole is five dollars. The Constitution expressly secures the free exercise of religion; but this
n, and on the recommendation of the First Congress this additional safeguard was adopted as an amendment. Now, regarding the question as one of property, or of Personal Liberty, in either alternative the Trial by Jury is secured. For this position authority is ample. In the debate on the Fugitive Slave Bill of 1817– 18, a Senator from South Carolina, Mr. Smith, anxious for the asserted right of property, objected, on this very floor, to a reference of the question, under the writ of Habeas Corpus, to a judge without a jury. Speaking solely for property, these were his words: This would give the Judge the sole power of deciding the right of property the master claims in his slaves, instead of trying that right by a jury, as prescribed by the Constitution. He would be judge of matters of law and matters of fact; clothed with all the powers of a court. Such a principle is unknown in your system of jurisprudence. Your Constitution has forbid it. It preserves the right of Tr
similar claim has been asserted in Pennsylvania, and thus far been sustained by the court. A blameless citizen, who—in obedience to his generous impulses and in harmony with the received law—merely gave notice to a person held as a slave in a Free State, that she was in reality free, has been thrust into jail, and now, after the lapse of months, still languishes there, the victim of this pretension; while,—that no excess might be wanting in the madness of this tyranny—the great writ of Habeas Corpus, proudly known as the writ of deliverance, has been made the instrument of his imprisonment. Outrage treads upon outrage, and great rights pass away to perish. Alas! the needful tool for such work is too easily found in places low and high—in the alleys and cellars of Boston—on the bench of the judge —in the chair of the President. But it is the power behind which I arraign. The Slave Oligarchy does it; the Slave Oligarchy does it all. To the prostration of this Oligarchy y