"Habeas corpus" Quotes from Famous Books
 ... follow any such revelation of disgusting abuse; such inhuman treatment of human wrecks. If publicity is necessary to force you to act—and I am sure it will not be necessary—I shall apply for a writ of habeas corpus, and, in proving my sanity to a jury, I shall incidentally prove your own incompetence. Permitting such a whirl-wind reformer to drag Connecticut's disgrace into open court ...
— A Mind That Found Itself - An Autobiography • Clifford Whittingham Beers
... case, two ladies, mother and daughter, some time prior to 1860 came from an eastern county of New York to Rochester, where a habeas corpus was obtained for a child of the daughter, less than two years of age. It appeared on the return of the writ, that the mother of the child had been previously abandoned by her husband, who had gone ...
— An Account of the Proceedings on the Trial of Susan B. Anthony • Anonymous
... tut! We must not abridge the liberties of: the press or the people! [Footnote: The suspension of the Habeas Corpus Act, 1863, was sorely against the President's sentiments, fond of liberty himself and fixed on constitutional rule—but he bowed to the inevitable. Nevertheless, he softened the rod, and many imprisoned under the edict were never brought to trial.] But never mind the Chicago Times! The Administration ...
— The Lincoln Story Book • Henry L. Williams
... sense is not there; neither taxation nor consent. Trial by jury is not there in that form of it which became a check on arbitrary power, nor is it referred to at all in the clause which has been said to embody it. Parliament, habeas corpus, bail, the independence of the judiciary, are all of later growth, or existed only in rudimentary form. Nor can the charter be properly called a contract between king and nation. The idea of the nation, ...
— The History of England From the Norman Conquest - to the Death of John (1066-1216) • George Burton Adams
... imported a couple of smart mouthpieces and a ship of blank habeas corpus forms, together with a judge who was the brother of one of the lawyers, so there was no need to build a jail in ...
— Mars Confidential • Jack Lait
... freedom, progressive, expanding, descending, been the glory and the strength of England? Were Magna Charta and the Habeas Corpus Act, Hampden's resistance to ship-money, and the calm, righteous might of 1688—were they all futilities and fallacies? Ever downwards, for seven hundred years, welling from the heaven-watered mountain peaks of wisdom, had spread the stream ...
— Alton Locke, Tailor And Poet • Rev. Charles Kingsley et al
... "You must think I'm a writ of habeas corpus. I want to know who was the gent that most likely tipped off your ...
— Torchy • Sewell Ford
... prevent the delivery of Sims, a complaint was instituted for assault and battery with intent to kill the officer who arrested him. Chief Justice Shaw, of the Supreme Court, however, decided that a writ of habeas corpus could not be granted, and the United States Commissioner having, from the evidence adduced, remanded Sims to the keeping of his claimant, authority was given to take him back to Savannah. As an assault was feared from the abolitionists ...
— The International Monthly, Volume 3, No. 2, May, 1851 • Various
... the legislatures of the States, Congress cannot constitutionally pass ex post facto laws in criminal cases, nor suspend the writ of habeas corpus, nor pass a bill of attainder, nor abridge the freedom of speech and of the press, nor invade the right of the people to be secure in their persons, houses, papers, and effects, nor enact laws respecting an ...
— The Anti-Slavery Examiner, Omnibus • American Anti-Slavery Society
... Middlesex. But he was soon recaptured, and conveyed to Northampton. Here, despite all the efforts of his friends and his own violent protests, he was kept in confinement for months. In the fall he applied for a writ of habeas corpus, but this was denied him under the pretext that the whole matter had been referred to the King, and was no longer within the jurisdiction of the Deputy-Governor and Council.[935] Since, however, all fear of a rebellion was now passed, he was permitted, upon giving bail to the ...
— Virginia under the Stuarts 1607-1688 • Thomas J. Wertenbaker
... 1852. It appeared that they had been brought to New York by their owner, with a view of taking them to Texas, as his slaves. Mr. Louis Napoleon, a respectable colored man, of New York, procured a writ of habeas corpus, under which they were brought before the court. Their liberation was called for, under the State Law, not being fugitives, but brought into a free State by their owner. Said owner appeared, with Henry D. Lapaugh as his counsel, aided ...
— The Fugitive Slave Law and Its Victims - Anti-Slavery Tracts No. 18 • American Anti-Slavery Society
... would think of drawing special weapons. Our fathers, as it were, codified English ideas and practices, because they knew them well, and knew them to be good. The two legislative chambers, the privilege of the writ of habeas corpus, the good-behavior tenure of judges, and generally the modes of procedure, were taken from England; and they are not of democratic origin, while they are due to the action of aristocrats. The English Habeas-Corpus Act ...
— Atlantic Monthly, Volume 14, No. 84, October, 1864 - A Magazine Of Literature, Art, And Politics • Various
... prominently to the front, for the condition of Ireland at that time was as alarming as it was deplorable, with combined Fenianism and poverty and disaffection in every quarter. So grave was the state of this unhappy country that the government felt obliged to bring in a bill suspending the habeas corpus act, which the chancellor of the exchequer eloquently supported. His conversion to Liberal views was during this session seen in bringing in a measure for the abolition of compulsory church-rates, in aid of Dissenters; but before it could ...
— Beacon Lights of History, Volume X • John Lord
... privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public ...
— Community Civics and Rural Life • Arthur W. Dunn
... "Some of the conspirators," the speech went on to say, "have been taken up and secured, and endeavors are used for the apprehending others." When the speech was read, and the King had left the House, the Duke of Grafton, then Lord-lieutenant of Ireland, brought in a bill for suspending the Habeas Corpus Act, and empowering the Government to secure and detain "such persons as his Majesty shall suspect are conspiring against his person and government, for the space of one year." The motion to read the Bill a second time in the same sitting was strenuously resisted ...
— A History of the Four Georges, Volume I (of 4) • Justin McCarthy
... HABEAS CORPUS ACT.—In 1679 the Habeas Corpus Act was passed, providing effectually against the arbitrary imprisonment of subjects. Persons arrested must be brought to trial, or proved in open ...
— Outline of Universal History • George Park Fisher
... killing his master in 1853. A slave catcher from Missouri recognized him in Canada in 1860 and had him arrested. The case was fought out in the courts, twice going against the Negro and then being appealed to the English Court of Queen's Bench, which granted a writ of habeas corpus. Anderson was defended by Gerrit Smith and the case attracted great attention throughout Canada. The executive of the Canadian Anti-Slavery Society kept the case well under observation and made its position ...
— The Journal of Negro History, Volume 4, 1919 • Various
... restored to his crown and kingdom in 1660, an event known as the Restoration; he was an easy-going man, and is known in history as the "Merry Monarch"; his reign was an inglorious one for England, though it is distinguished by the passing of the Habeas Corpus Act, one of the great bulwarks of English liberty next to the ...
— The Nuttall Encyclopaedia - Being a Concise and Comprehensive Dictionary of General Knowledge • Edited by Rev. James Wood
... by an Irish member, and for which only five English and Scotch votes were given, including my own: the other four were Mr. Bright, Mr. McLaren, Mr. T.B. Potter, and Mr. Hadfield. And the second speech I delivered[9] was on the bill to prolong the suspension of the Habeas Corpus in Ireland. In denouncing, on this occasion, the English mode of governing Ireland, I did no more than the general opinion of England now admits to have been just; but the anger against Fenianism was then in all its freshness; any attack on what Fenians attacked was looked upon as an apology ...
— Autobiography • John Stuart Mill
... success or its fitness for the task before it. Fears for individual rights had been quieted by the adoption of ten amendments to the Constitution, guaranteeing the continuance of such birthrights as freedom of conscience, trial by jury, free possession of property, and habeas corpus. The Union had come off victorious in its first case of discipline. It had made practical demonstration that its laws would be enforced and that it could use State militia regardless of State lines in enforcing them. Its system of judges and marshals extended ...
— The United States of America Part I • Ediwn Erle Sparks
... encountered for the greater blessings of civil and religious liberty. Yet the first would seem in some degree to depend upon our Saxon mode of trial by our peers, upon the stipulations of the great Norman charters, upon the practice and the statute of Habeas Corpus,—a principle native to our common law, but established by the Stuarts; nor in a careful perusal of the Bill of Rights, or in an impartial scrutiny of the subsequent legislation of those times, ...
— Sybil - or the Two Nations • Benjamin Disraeli
... of the press, allegiance to the law as a power above individual will,—all these were established, not without memorable efforts and memorable sufferings, in the land from which the fathers of your republic came. You are living under the Great Charter, the Petition of Eight, the Habeas Corpus Act, the Libel Act. Perhaps you have not even yet taken from us all that, if a kindly feeling continues between us, you may find it desirable to take. England by her eight centuries of constitutional ...
— The Atlantic Monthly, Volume 14, No. 86, December, 1864 • Various
... would have defended his own consistency, and attacked the absolute proceedings in France. He changed his front, but he never changed his ground. He was not more passionate against the proscription in France, than he had been against the suspension of Habeas Corpus in the American war. "I flatter myself," he said in the Reflections, "that I love a manly, moral, regulated liberty." Ten years before he had said, "The liberty, the only liberty I mean, is a liberty ...
— Burke • John Morley
... Charter recognizes a popular tribunal as a check on the official judges and may be looked upon as the foundation of the writ of Habeas Corpus. It provides that no one is to be condemned on rumor or suspicion, but only on the evidence of witnesses. It affords protection against excessive emercements, illegal distresses and various processes for debts and service due ...
— The Handy Cyclopedia of Things Worth Knowing - A Manual of Ready Reference • Joseph Triemens
... person, and the public sentiment of Central America brought to bear to prevent the violation. The declaration that a man is entitled to his liberty would be of little value with us in this country, were it not for the writ of habeas corpus that makes it the duty of a specific judge, when applied to, to inquire into the cause of a man's detention, and set him at liberty if he is unjustly detained. The provision which declares that a man should not be deprived of his property without due process of law would ...
— Latin America and the United States - Addresses by Elihu Root • Elihu Root
... person arrested or imprisoned on any judgment or decree obtained in any Federal court for duties shall be entitled to the benefit secured by the habeas corpus act of the State in cases of unlawful arrest, and may maintain an action for damages, and that if any estate shall be sold under such judgment or decree the sale shall be held illegal. It also provides that any jailer who receives a person ...
— A Compilation of the Messages and Papers of the Presidents, - Vol. 2, Part 3, Andrew Jackson, 1st term • Edited by James D. Richardson
... applied for habeas corpus, and its exercise was refused. Congress has not suspended the writ. Our law officers say that the authority of Congress is necessary to ...
— Continental Monthly, Vol. I. February, 1862, No. II. - Devoted To Literature And National Policy • Various
... roared the prisoner. "Locking me up with these felons—these common convicts! I demand counsel; I'm going to have a writ of habeas corpus! When I get out of here I'm going to go to the governor of your damned State and complain of this. All Connecticut shall know of it! All America shall hear of it! To be locked up with one safe-blower is enough, and now you've stuck three murderers into ...
— The Madness of May • Meredith Nicholson
... counsel, have a writ of habeas corpus, to bring his body before the court of king's bench or common pleas; who shall determine whether the cause of his commitment be just, and thereupon do as to justice shall appertain. And by 31 Car. II. c. 2. commonly called the habeas corpus act, the methods of obtaining this writ are so plainly pointed out and enforced, that, so long as this statute remains unimpeached, no subject of England can be long detained in prison, except in those cases in which the law requires and justifies such detainer. ...
— Commentaries on the Laws of England - Book the First • William Blackstone
... same, March 1.-The French expected every moment. Escape of the Brest squadron from Sir John Norris. Dutch troops sent for. Spirit of the nation. Addresses. Lord Barrymore and Colonel Cecil taken up. Suspension of the Habeas Corpus. ...
— The Letters of Horace Walpole, Volume 1 • Horace Walpole
... word be said against the arguments of those well-meaning and patriotic men who attempt to prove that certain acts of the Government have been injudicious and unwise—such, for example, as the suspension of the habeas corpus, the alleged illegal arrests, and the emancipation policy. It is not the purpose of this paper to enter into additional argument to sustain this opinion or to disprove it. But in justice to the Government—simply because it is a Government—let it not be forgotten that when ...
— Continental Monthly, Vol. III, No IV, April 1863 - Devoted to Literature and National Policy • Various
... a month after the above was delivered came the first recent judicial expression of a contrary view. It was by Judge William Lochren of the United States Circuit Court at St. Paul, in the case of habeas corpus proceedings against Reeve, warden of the Minnesota State Prison at Stillwater, for the release of a Porto Rican named Ortiz. He was held for the murder of a private soldier of the United States, sentenced to death by a Military ...
— Problems of Expansion - As Considered In Papers and Addresses • Whitelaw Reid
... some process by which we could free him?" asked Viola. "Seems to me I've heard of some process—a habeas corpus writ, or ...
— The Golf Course Mystery • Chester K. Steele
... your dog," said Jim, when they were on the street again, "what's to hinder you from running that habeas corpus you've got around his neck over a limb and walking ...
— Sixes and Sevens • O. Henry
... statute laws grown weak and impotent, the barons at Runnymede wrested Magna Charta from King John; in defiance of statute laws grown weak and impotent, the free men of England wrested their Habeas Corpus Act from King Charles; in defiance of statute laws grown weak and impotent, the colonists of America wrested a virgin empire from ...
— The Law of the Land • Emerson Hough
... Cabby, for the time being combining in himself the several functions of guide-book, chattel-mortgage and writ of habeas corpus on the person of the most popular literary idol of the hour and all for the matter of maybe no more than half a ...
— A Jongleur Strayed - Verses on Love and Other Matters Sacred and Profane • Richard Le Gallienne
... population, caused by an infamous and needless war? Despotism, Mr. Linwood; despotism in this free country is the remedy! In one week more, sir, Ministers will bring in a Bill for suspending the Habeas Corpus Act!" ...
— Little Novels • Wilkie Collins
... his long and bitter persecution to be attributed? Why had he been deprived of his liberty; thrust into a dark and unwholesome dungeon; refused the benefit of the Habeas Corpus Act; denied his enlargement upon bail or main-prize; branded as a malefactor of the most dangerous kind; badgered and tortured to the ruin of his health and his reason? Merely this: he had imbibed, in advance, the spirit of Mr. Arthur Clennam, and had ...
— The Story of the Upper Canada Rebellion, Volume 1 • John Charles Dent
... exhibit the Democracy as a peace party (which from 1862 it more and more became), was making the overthrow of slavery its main aim, waging war for the negro instead of for the Union. They complained also that not only in anti-slavery measures but in other things as well, notably in suspending habeas corpus, the Administration ...
— History of the United States, Volume 4 • E. Benjamin Andrews
... of District Court imprisoning and fining me for alleged contempt of court; also Order expelling Messrs. Goodwin and Mulford and myself from the Bar; and Order imprisoning and fining Judge Haun for releasing me from imprisonment upon a writ of habeas corpus, and directing that the order to imprison ...
— Personal Reminiscences of Early Days in California with Other Sketches; To Which Is Added the Story of His Attempted Assassination by a Former Associate on the Supreme Bench of the State • Stephen Field; George C. Gorham
... that they gave no additional strength to the phrase "due process of law," while they certainly appear calculated to provoke litigation. Sir Henry James appeared to think that they made the suspension of the Habeas Corpus Act ultra vires. If that is their effect, there is no reason why they should be inserted. Even a Canadian Province, whose powers are more limited than those of the subordinate States in any other Federation, has "exclusive" ...
— The Framework of Home Rule • Erskine Childers
... in at the door. "By the way, if you're not at The Pines by five o'clock sharp next Saturday afternoon, Marcia says she's going to send an officer up here after you with a writ of habeas corpus, or something ...
— At the Time Appointed • A. Maynard Barbour
... imaginary loyalty come within the predicament of high treason,' replied the magistrate, 'I know no court in Christendom, my dear Mr. Morton, where they can sue out their Habeas Corpus.' ...
— Waverley • Sir Walter Scott
... it is mine, that he had not been guilty of theft, but perhaps of the wrongous detention or imprisonment of Rangoon. 'But,' he said, 'the Habeas Corpus Act has no clause about cats, and in Scottish law, which is good enough for me, there is no property in cats. You can't, legally, ...
— The Disentanglers • Andrew Lang
... a similar reformation, they were disposed to my acquaintance, and had some confidence in me. I urged most strenuously an immediate compromise to secure what the Government were now ready to yield.... It was well understood that the King would grant at this time (1) freedom of the person by Habeas Corpus; (2) freedom of conscience; (3) freedom of the press; (4) trial by jury; (5) a representative legislature; (6) annual meetings; (7) the origination of laws; (8) the exclusive right of taxation and appropriation; and (9) the responsibility of Ministers; and with the exercise of these ...
— Historical and Political Essays • William Edward Hartpole Lecky
... issue of this panic was the series of legislative measures in which it found expression. The Habeas Corpus Act was suspended, a bill against seditious assemblies restricted the liberty of public meeting, and a wider scope was given to the Statute of Treasons. Prosecution after prosecution was directed against the Press; ...
— History of the English People, Volume VIII (of 8) - Modern England, 1760-1815 • John Richard Green
... occasionally, and telling him that if he opened his mouth they would blow his brains out. He was not arrested by any process of law, but they were trying to kidnap him. Brother Markham, an old friend of Joseph, ran ahead to the town of Peoria, employed a lawyer, got out a writ of habeas corpus, and ...
— The Mormon Menace - The Confessions of John Doyle Lee, Danite • John Doyle Lee
... for the authorities, of course, but I hope to find something out before they come," replied the Anglo-Indian. "I can't say I have much hope from police methods in this country. Too much red tape, habeas corpus and that sort of thing. What we want is to see that nobody bolts; the nearest we could get to it would be to collect the company and count them, so to speak. Nobody's left lately, except that lawyer who ...
— The Man Who Knew Too Much • G.K. Chesterton
... mentioned among the details of his policy that he had set his face against jury-packing, and had allowed juries to be chosen perfectly freely. The suspension of the most cherished Common Law rights of the subject from Habeas Corpus downwards has been the inevitable result of a failure to apply democratic principles of government. Jury-packing, forbidden meetings, summary arrests and prosecutions, and police reporters form a discreditable paraphernalia by which to maintain ...
— Ireland and the Home Rule Movement • Michael F. J. McDonnell
... instructions, mightily exaggerating a few lawless acts,—as when a drunken old sailor summoned the keepers of the Tower of London to surrender,—they procured, on the 26th of February, the suspension of the Habeas Corpus Act. Therefrom resulted, at any rate, some good. The Whigs, who had hitherto mainly supported the Tory Government, were now turned against it, and with them the wiser Radicals, like Lord Cochrane, sought to effect a coalition. "You will ...
— The Life of Thomas, Lord Cochrane, Tenth Earl of Dundonald, G.C.B., Admiral of the Red, Rear-Admiral of the Fleet, Etc., Etc. • Thomas Cochrane, Earl of Dundonald
... conference, the knight called aloud for the jailor, and demanded to see a copy of his commitment, that he might know the cause of his imprisonment, and offer bail; or, in case that he should be refused, move for a writ of Habeas Corpus. The jailor told him the copy of the writ should be forthcoming. But after he had waited some time, and repeated the demand before witnesses, it was not yet produced. Mr. Clarke then, in a solemn tone, ...
— The Adventures of Sir Launcelot Greaves • Tobias Smollett
... excludes proceedings commenced by petition, such as divorce suits and bankruptcy and winding-up matters, as well as criminal proceedings in the High Court or applications for the issue of the writs of mandamus, prohibition, habeas corpus or certiorari. The Judicature Acts and Rules have had the effect of abolishing all the forms of "action'' used at the common law and of creating one common form of legal proceeding for all ordinary controversies between subjects in whatever division of the High Court. ...
— Project Gutenberg Encyclopedia
... true that the passing of the Habeas Corpus Suspension Act offered another opportunity to the Government for striking a severe blow, but it was frittered away, although, before it became law, many of the leaders of disorder left ...
— The Reminiscences of an Irish Land Agent • S.M. Hussey
... tumultuous; for although the great hurricane of the revolution ceased abroad, yet, like mighty waters that had been once agitated by a storm, tranquillity was not restored, nor was there any prospect of an immediate calm. The 'Habeas Corpus' act was at this time suspended, and the minister of that day, Mr. Pitt, had struck the panic of property among the wealthy and affluent. During the time of danger, when surrounded by government emissaries, these youthful poets gave lectures on politics, and that with impunity, to ...
— The Life of Samuel Taylor Coleridge - 1838 • James Gillman
... family and friends as though the earth had swallowed him. He went out to drive, or to walk, or to work, and was seen no more. Search was vain and inquiry useless—aye, worse, it might involve the inquirer. The writ of habeas corpus was as ...
— Little Journeys to the Homes of the Great, Volume 9 - Subtitle: Little Journeys to the Homes of Great Reformers • Elbert Hubbard
... published a declaration, threatening to confiscate the estates of the Scotch that should come to Parliament, and making it treason for the English. The only points that have been before the House, the address and the suspension of the Habeas Corpus, met with obstructions from the Jacobites. By this we may expect what spirit they will show hereafter. With all this, I am far from thinking that they are so confident and sanguine as their friends at Rome. I blame the Chutes ...
— Letters of Horace Walpole - Volume I • Horace Walpole
... against Church and against State, and against the Aristocracy, and Habeas Corpus, and against Physic, and against Standing Armies, and Magna Charta, and every other rascally tyranny and oppression to which we are subjected, that I will!" Here Tom gave such a thump with the pestle that I thought he would have ...
— Poor Jack • Frederick Marryat
... the British government can be seen in an unpublished manuscript of 1908-09 titled "Sekgoma — the Black Dreyfus". In this booklet he castigated the British for denying legal rights (specifically habeas corpus) to their African subjects outside the ...
— Native Life in South Africa, Before and Since • Solomon Tshekisho Plaatje
... Fire shall have dawn'd, and sent Its deadly breath into the firmament," as it is supposed, the great earth cemetery will burst open and its innumerable millions swarm forth before him. Unto the tremendous act of habeas corpus, then proclaimed, every grave will yield its prisoner. Ever since the ascension of Jesus his mistaken followers have been anxiously expecting that awful advent of his person and his power in the clouds; but in vain. "All things remain as they were: where is the promise ...
— The Destiny of the Soul - A Critical History of the Doctrine of a Future Life • William Rounseville Alger
... worst it was a civil offense, or trover, or trespass, or wilful negligence, or embezzlement, or conversion, but that the remedy was by civil process. One lawyer said it was an outrage, and Charlie Bramel said that if Johnson would put up $50 he would agree to jerk him out of the jug on a writ of habeas corpus before dinner. ...
— Nye and Riley's Wit and Humor (Poems and Yarns) • Bill Nye
... prescription for compounding that mixture could obviously be learned by nothing but experiment. Traditional means empirical. By instinct, rather than conscious reasoning, Englishmen had felt their way to establishing the 'palladia of our liberties': trial by jury, the 'Habeas Corpus' Act, and the substitution of a militia for a standing army. The institutions were cherished because they had been developed by long struggles and were often cherished when their real justification had disappeared. The Constitution had not been 'made' but ...
— The English Utilitarians, Volume I. • Leslie Stephen
... was their custom, and he felt such an utter panic that he could barely make it across the apartment to let them in. The four burly men wavered before his eyes, and there was a roaring and a darkness in his head. They arrested him without ceremony on suspicion of treason, which meant that habeas corpus and even the right of trial didn't apply. Two of them escorted him to a car, the other two ...
— Security • Poul William Anderson
... pitiful exhibition of lack of confidence, for it aimed at special measures for the protection of the Prince Regent; the third furnished magistrates with unusual powers for the prevention of seditious meetings; and the fourth suspended the Habeas Corpus Act till July 1, giving the Executive authority 'to secure and detain such persons as his Majesty shall suspect are conspiring against his ...
— Lord John Russell • Stuart J. Reid
... of law by arbitrary and exceptional methods which tend to diminish the securities for freedom possessed by ordinary citizens. Thus the suspension of the Habeas Corpus Act, the abolition of trial by jury, the introduction of peculiar rules of evidence to facilitate convictions for a particular class of crimes, a suspension (speaking generally) of what would be called in foreign countries "constitutional guarantees," ...
— England's Case Against Home Rule • Albert Venn Dicey
... objection to the new constitution, when he first saw it, was the omission in it of a bill of rights providing for the 'eternal and unremitting force of the habeas corpus act'—and for the freedom of the press. When Colonel Burr was arrested, Jefferson, who, by the way, showed a want of dignity and self-respect throughout the affair, was eager to suspend the habeas ...
— Continental Monthly, Vol. 5, Issue 2, February, 1864 • Various
... story doth diffuse; From 'Paradise Lost' we get our view Of Adam and Eve and Satan too. The Reverend Titus Oates, a scamp, Egregious Popish plots did vamp, Lied roundly for dishonest gains, Got Cat-o'-nine-tails for his pains. Habeas Corpus The 'Habeas Corpus' best of laws 1679 Shields us from prison without cause; 'Twas passed in sixteen-seventy-nine, And means 'Produce him here,' in fine. Van Tromp Admiral Van Tromp, Dutchman bold, With ...
— A Humorous History of England • C. Harrison
... will preserve union on a foundation which can not be shaken, while personal liberty is placed beyond hazard or jeopardy. The guaranty of religious freedom, of the freedom of the press, of the liberty of speech, of the trial by jury, of the habeas corpus, and of the domestic institutions of each of the States, leaving the private citizen in the full exercise of the high and ennobling attributes of his nature and to each State the privilege (which can only be judiciously ...
— Complete State of the Union Addresses from 1790 to the Present • Various
... reasons; but that there might be cases in which the secrecy required made it necessary for some time to withhold them. A further question was then followed by a decision of the same import, that the judges in such a case were not bound to give up the prisoner even if a writ of habeas corpus were presented. Charles then proceeded to a third question, to which no doubt he attached the most importance. If he accepted the petition of the Commons, did he surrender for ever the right of ordering imprisonment without ...
— A History of England Principally in the Seventeenth Century, Volume I (of 6) • Leopold von Ranke
... city that no man, however innocent, arrested on a civil process, could hope to regain the liberty which was his birthright, without paying the iniquitous toll levied upon him by some portion of the Ring. Even the great writ of Habeas Corpus—the very bulwark of our liberties—was repeatedly set at defiance by the underlings of the Ring, for the purpose of extorting money from some innocent man who had fallen ...
— Lights and Shadows of New York Life - or, the Sights and Sensations of the Great City • James D. McCabe
... tortures which they preferred to apostacy and to foul crimes were, by the confessions of the heathens themselves, too horrible for pen to tell—it does raise a flush of indignation to hear some sleek bigot-sceptic, bred up in the safety and luxury of modern England, among Habeas Corpus Acts and endowed churches, trying from his warm fireside to sneer away the awful responsibilities and the heroic fortitude of valiant men and tender girls, to whose piety and courage he owes the very enlightenment, the very ...
— Literary and General Lectures and Essays • Charles Kingsley
... on board, to be sold as a slave on his arrival in the island.' The negro's cries, however, were heard; the struggle was witnessed; and information given in the quarter whence aid was most likely to come. Mr Sharp lost no time in obtaining a writ of habeas corpus. The ship in the meantime had sailed from Gravesend, but the officer with the writ was able to board her in the Downs. There he saw the negro chained to the mast. The captain was at first furious, and determined ...
— Chambers's Edinburgh Journal, No. 448 - Volume 18, New Series, July 31, 1852 • Various
... twenty-three others were ordered to give bail on a charge of arson, burglary, robbery, and larceny, and all but eight of these were locked up in default of bail. The prisoners confined at Liberty secured a writ of habeas corpus soon after, but only Rigdon was ordered released, and he thought it best for his safety to go back to the jail. He afterward, with the connivance of the sheriff and jailer, made his escape at night, and reached ...
— The Story of the Mormons: • William Alexander Linn
... clap-trap in him. Strangers, modest enough elsewhere, started up at dinners in Coketown, and boasted, in quite a rampant way, of Bounderby. They made him out to be the Royal arms, the Union-Jack, Magna Charta, John Bull, Habeas Corpus, the Bill of Rights, An Englishman's house is his castle, Church and State, and God save the Queen, all put together. And as often (and it was very often) as an orator of this kind brought into ...
— Hard Times • Charles Dickens*
... fugitive slaves shall be surrendered under the provisions of the Fugitive Slave Act of 1850, without being entitled either to a writ of habeas corpus, or trial by jury, or other similar obstructions of legislation, in the State to which he may flee. Here ...
— The Art of Public Speaking • Dale Carnagey (AKA Dale Carnegie) and J. Berg Esenwein
... Federal Constitution as it now stands the citizen, in time of peace at least, is guaranteed, among other matters, the protection of the writ of habeas corpus; freedom from bills of attainder and ex post facto legislation; freedom of religious belief and worship; freedom of thought and its expression; freedom peacefully to assemble with others and petition for redress of grievances; freedom from ...
— Concerning Justice • Lucilius A. Emery
... reason of this was traced to a circumstance which is conspicuous among the many remarkable incidents by which Bonaparte's arrival near the English coast was characterised. A rumour reached Lord Keith that a 'habeas corpus' had been procured with a view of delivering Napoleon from the custody he was then in. This, however, turned out to be a subpoena for Bonaparte as a witness at a trial in the Court of King's Bench; and, indeed, a person ...
— Memoirs of Napoleon Bonaparte, Complete • Louis Antoine Fauvelet de Bourrienne
... to me in the hall the portrait of his distinguished ancestor, Antony Ashley Cooper, Earl of Shaftesbury, whose name he bears. This ancestor, notwithstanding his sceptical philosophy, did some good things, as he was the author of the habeas corpus act. ...
— Sunny Memories of Foreign Lands V2 • Harriet Beecher Stowe
... country and destroy the governments at Washington and Albany, let us say for extreme illustration, yet if any person were unjustly thrown into prison in any part of New York state and a judge of any duly constituted court happened to be nearby, he undoubtedly would issue a writ of habeas corpus and the person be brought into the court for substantiation of the charges in a legal manner according to the common law. It would not matter whether there were a government or not, the inalienable common law rights of an American citizen would continue to exist and the destruction of ...
— Socialism and American ideals • William Starr Myers
... trial in Ireland. Arbitrary government in this form was one of the first objects of attack by the English Parliament in the seventeenth century, and this first liberty of the subject was vindicated by the Petition of Right, and again by the Habeas Corpus Act. It is significant of much that this first step in liberty should be in reality nothing more nor less than a demand for law. "Freedom of men under government," says Locke, summing up one whole chapter of seventeenth-century controversy, "is to have a standing rule ...
— Liberalism • L. T. Hobhouse
... once realised what it meant. He instantly telephoned to the proper authorities at a town halfway between San Francisco and the kidnappers' destination; the train was stopped, and the kidnapped man brought before a judge on a warrant of Habeas Corpus, and promptly released. No doubt mere publicity can occasionally serve the evildoers equally well, but here, at any rate, is an instance of its utility which may be regarded as proof of the advantage of collecting and transmitting news even of ...
— The Adventure of Living • John St. Loe Strachey
... the same as everybody else, then if they don't obey they kill them—just as many as they have to kill to make them obey. An' don't you do the same with the poor people? Ain't I seen you do it, every time there was a strike? Ask Colonel Nye there! Didn't he say: 'To hell with habeas corpus—we'll ...
— Jimmie Higgins • Upton Sinclair
... extradition, and informing him that they had employed Messrs. Hunt and Meyers as attorneys to look out for his welfare. These last immediately jumped in medias res and on the afternoon of the same day secured a writ of habeas corpus from Norman J. Kitrell, District Judge of Harris County, Texas, ...
— The Lock and Key Library/Real Life #2 • Julian Hawthorne
... 568. THE WRIT OF HABEAS CORPUS. [Footnote: For the general arrangement of the material in Sections 568-570, I am indebted to Professor Beard's American Government and Politics, to which text acknowledgment is here made.]—In the exercise of their judicial functions the Federal courts have ...
— Problems in American Democracy • Thames Ross Williamson
... crowd. A number of persons were injured. This was followed in February by the great Green Bag Inquiry, when Lord Sidmouth laid before Parliament a green bag full of reports concerning seditions. Bills were introduced to suspend the habeas corpus act and to provide for the coercion of public meetings. Seditious publications were likewise to be suppressed. In March occurred the rising of the so-called Blanketers in Manchester—dissatisfied workingmen who started in a body for London carrying blanket rolls ...
— A History of the Nineteenth Century, Year by Year - Volume Two (of Three) • Edwin Emerson
... enough to keep his distance. He did not come forward with advice on habeas corpus and constitutional rights. Only Earl Gray, the druggist, with seven kinds of perfumery on his hair, came out of the crowd with smirking face, ingratiating, servile, offering Morgan a cigar. The look that Morgan gave him would have wilted the tobacco in its green leaf. It wilted ...
— Trail's End • George W. Ogden
... out of the custody of Superintendent Whittaker immediately. We decided to take the only course open-to obtain a writ of habeas corpus. A hurried journey by counsel to United States District Judge Waddill of Norfolk, Virginia, brought the writ. It compelled the government to bring the prisoners into court and show cause why they should not be returned to the district jail. This conservative, Southern judge ...
— Jailed for Freedom • Doris Stevens
... The son, here spoken of, was subsequently committed to the Tower for presenting a petition to the House of Commons from the county of Berks, which he represented in Parliament, complaining of the want of a settled form of government. He had, however, the courage to move for an habeas corpus, but judge Newdigate decided that the courts of law had not the power to discharge him. Upon Monk's coming to London, the secluded members passed a vote to liberate Pye, and at the Restoration he was appointed equerry to the King. ...
— Diary of Samuel Pepys, Complete • Samuel Pepys
... took special care not to part with any of the great principles and laws which they derived from their forefathers. They took special care to speak with reverence of, and to preserve Magna Charta, the Bill of Rights, the Habeas Corpus, and not only all the body of the Common Law of England, but most of the rules of our courts, and all our form of jurisprudence. Indeed it is the greatest glory of England that she has thus supplied with sound principles of freedom those immense regions ...
— Political Pamphlets • George Saintsbury
... wishing for peace, declared that "Canada must prepare for war, relying on England's support in her hour of peril." He asked the Legislature to assent to three things of vital importance—the suspension of the Habeas Corpus Act, the passage of a law to regulate the privileges of aliens, and an Act providing for rewards to be paid ...
— The Story of Isaac Brock - Hero, Defender and Saviour of Upper Canada, 1812 • Walter R. Nursey
... circumstances the magistrate could not claim exemption. But this made no difference either to him or to Walker. Captain Payne, the gentleman whose presence enraged these boors, was seized and thrown into gaol. The chief justice granted a writ of habeas corpus. But the mischief was done and resentment waxed high. The French-Canadian seigneurs sympathized with Payne, which added fuel to the magisterial flame; and Murray, scenting danger, summoned the ...
— The Father of British Canada: A Chronicle of Carleton • William Wood
... of Mortmain; The Law Merchant; Origin of Habeas Corpus; Early Police Regulation; Opposition to Customs Duties; Interpretation of the Great Charter; Statute Against Chancery Jurisdiction; Early Tariffs on Wool; The English Language Replaces French; Freedom of Trade at Sea; Laws of the Staple; Early ...
— Popular Law-making • Frederic Jesup Stimson
... the position of despots. They have been despotic because they ruled in an area where they had too much common sense to attempt to be constitutional. You cannot grant a constitution to a nursery; nor can babies assemble like barons and extort a Great Charter. Tommy cannot plead a Habeas Corpus against going to bed; and an infant cannot be tried by twelve other infants before he is put in the corner. And as there can be no laws or liberties in a nursery, the extension of feminism means that there shall ...
— What I Saw in America • G. K. Chesterton
... conquered race, get what liberty they have by extorting it piecemeal from their masters. Magna Charta was forced from a weak monarch by a conspiracy of nobles, acting from purely selfish motives, in behalf of their own order. The Habeas Corpus Act was unpalatable to the Lords, and was passed only by a trick or a blunder. What is there in common between the states which recognize the rule of any persons who happen to be descended from the bold or artful men who obtained their power by violence or fraud, and a state which starts ...
— The Atlantic Monthly, Vol. 13, No. 78, April, 1864 • Various
... all thy faults I love thee still,"[220] I said at Calais, and have not forgot it; I like to speak and lucubrate my fill; I like the government (but that is not it); I like the freedom of the press and quill; I like the Habeas Corpus (when we've got it); I like a Parliamentary debate, Particularly ...
— The Works of Lord Byron, Volume 4 • Lord Byron
... running, and squealing, and quacking all about the room!" The actor respectfully did as he was desired, commencing with a sigh, and was much applauded. At length Gammon happened to get into a discussion with Mr. Bluster upon some point connected with the Habeas Corpus Act, in which our friend Gammon, who never got heated in discussion, and was very accurate in whatever he knew, had glaringly the best of it. His calm, smiling self-possession almost drove poor Bluster frantic. The less he knew, of course the louder he talked, the more ...
— Ten Thousand a-Year. Volume 1. • Samuel Warren
... was arguing for the habeas corpus suspension bill in Ireland: "It would surely be better, Mr. Speaker," said he, "to give up not only a part, but, if necessary, even the whole, of our ...
— The Book of Anecdotes and Budget of Fun; • Various
... care of the right of election by the people"—"absolute acquiescence in the decisions of the majority"—"the supremacy of the civil over the military authority"—"the honest payments of our debts"—"freedom of religion"—"freedom of the press"-"freedom of person under the protection of the habeas corpus"—what were these principles but the bright constellation, as Jefferson said, "which has guided our steps through an age of revolution and reformation?" John Adams himself might have enunciated all these principles, though ...
— Jefferson and his Colleagues - A Chronicle of the Virginia Dynasty, Volume 15 In The - Chronicles Of America Series • Allen Johnson
... but carried their prisoners with them and delivered them to the tempter, receiving the stipulated pieces of silver for their reward. The Seminole agent had the prisoners brought before the nearest Arkansas judge by Habeas Corpus, and the whole matter was reviewed by this infamous magistrate, who overruled the opinion of the Attorney-General as to their right to reside in their villages, overrode the decision of the President, repealed the treaty-stipulations, pronounced the title ...
— Atlantic Monthly, Volume 2, Issue 11, September, 1858 • Various
... by Jefferson, Eaton, and Wilkinson; Senate of the United States pass a bill suspending writ of Habeas Corpus; House rejects the bill on the first reading, ayes 113, nays 19; extracts from Blennerhassett's private journal; official Spanish documents, showing that General Wilkinson, after he had sworn to Burr's treasonable designs, despatched his aid, Captain Walter Burling, ...
— Memoirs of Aaron Burr, Complete • Matthew L. Davis
... struggle for government in Germany between the Crown and the people: Germans have no ancient Magna Charta, no Habeas Corpus, no Declaration of Rights to look back to on the long road to liberty. In the protracted struggle for government between the English people and their rulers, the people's victory took the form of parliamentary control while retaining the monarch as their highest and most ...
— William of Germany • Stanley Shaw
... measure of safety, and to prevent worse harm being done. And many persons of consequence, trust me, saved their heads by being laid by the heels for a little time while the hue and cry was afoot, and Habeas Corpus suspended. Fast bind, safe find, is a true proverb; and you may thank your stars, even if your enemies have for a time bound you with chains and with links of iron, if, when the stormy season has gone past, you find your head ...
— The Strange Adventures of Captain Dangerous, Vol. 2 of 3 • George Augustus Sala
... nightmare, a thing actually sitting on top of us. In Ireland the Alliance meant the ruin of anything and everything Irish, from the creed of St. Patrick to the mere colour green. But in England also it meant the ruin of anything and everything English, from the Habeas Corpus Act ...
— The Crimes of England • G.K. Chesterton
... the answer seems simple. The very name points to English sources. The Bill of Rights of 1689, the Habeas Corpus Act of 1679, the Petition of Right of 1628, and finally the Magna Charta libertatum appear to be unquestionably the predecessors of ...
— The Declaration of the Rights of Man and of Citizens • Georg Jellinek
... Bedard's arrest his friends applied for a writ of habeas corpus; but, owing to the opposition of Craig, this was refused. In July two of Bedard's companions were released, on the ground of ill health. They both, however, expressed regret at the tone which Le Canadien had adopted. In August the ...
— The 'Patriotes' of '37 - A Chronicle of the Lower Canada Rebellion • Alfred D. Decelles
... members-elect of the State Legislature, the mayor of Baltimore, a congressman and two editors; while in Frederick, General Nathaniel P. Banks took into custody nine other members who, under the suspension of the writ of habeas corpus, were confined for a time either in Fort Lafayette in New York or in Fort Warren in Boston. I well remember that one of these was Severn Teackle Wallis of Baltimore, a lawyer of exceptional prominence and ability and a universal favorite ...
— As I Remember - Recollections of American Society during the Nineteenth Century • Marian Gouverneur
... of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety ...
— The Constitution of the United States of America: Analysis and Interpretation • Edward Corwin
... refers doubtless to the effect, upon the Government of the day, of the dread of Revolution in England. There were a few partisans of France and of the Revolution in England; and the panic which followed, though irrational, was widespread. The Habeas Corpus Act was suspended, a Bill was passed against seditious Assemblies, the Press was prosecuted, some Scottish Whigs who clamoured for reform were sentenced to transportation, while one Judge expressed regret that the practice of torture for sedition ...
— The Poetical Works of William Wordsworth, Vol. III • William Wordsworth
... message from the front, describing a great victory, in which one prisoner and one gun were taken; Secretary of State Seward is handing an order to a messenger for the arrest of a man who had called him a "humbug," the habeas corpus being suspended throughout the Union at that period; Secretary of the Navy Welles—the long-haired, long-bearded man at the head of the table—is figuring out a naval problem; at the side of the table, opposite "Uncle Abe," are seated two Government ...
— Lincoln's Yarns and Stories • Alexander K. McClure
... remedy is by a writ of Habeas Corpus? and, if so, whether it is necessary that the father should be joined in the proceedings or his leave obtained to prosecute them? ...
— Ginx's Baby • Edward Jenkins
... Meanwhile the habeas corpus act was suspended for eight months, and Governor Bowdoin called out an army of 4,400 men, who were placed under command of General Lincoln. As the state treasury was nearly empty, some wealthy gentlemen in Boston subscribed the money needed for equipping these ...
— The Critical Period of American History • John Fiske
... one side, and we three drew together. Johnson said: "General Wool, General Sherman is very particular, and wants to know exactly what you propose to do." Wool answered: "I understand, Governor, that in the first place a writ of Habeas corpus will be issued commanding the jailers of the Vigilance Committee to produce the body of some one of the prisoners held by them (which, of course, will be refused); that you then issue your proclamation commanding them to disperse, ...
— Memoirs of Three Civil War Generals, Complete • U. S. Grant, W. T. Sherman, P. H. Sheridan
... the most extreme kind. While the conspiracy was at its height, Jefferson, though emphatically warned, had refused to lend it any credence whatever; but when the danger was well over he had thrown the whole country into a panic, and had even asked Congress to suspend the writ of habeas corpus. The Federalists and the President's enemies within his own party, headed by the redoubtable Randolph, were instantly alert to the opportunity which Jefferson's inexplicable conduct afforded them. "The mountain had labored and brought forth a ...
— John Marshall and the Constitution - A Chronicle of the Supreme Court, Volume 16 In The - Chronicles Of America Series • Edward S. Corwin
... been impossible either in England or in Scotland. And that such cases should still be possible in Russia and in Turkey places those two old despotisms outside the pale of the civilised world. And yet, loudly as we all denounce the Czar and the Sultan, eloquently as we boast over Magna Charta, Habeas Corpus, and what not, every day you and I are doing what would cost an English king his crown, and an English judge his head. We all do it every day, and it never enters one mind out of a hundred that we are trampling down truth, and righteousness, and fair- play, and brotherly ...
— Bunyan Characters - Third Series - The Holy War • Alexander Whyte
... child was taken away, and the wrong was sanctioned by the highest judicial officer of the State. Two little girls, who had been taken from their mother by their guardian, their father being dead, had taken refuge with her against his wishes; and he brought them into court under a writ of habeas corpus, and the court awarded them to him as against their mother. "The little ones were very much affected," says the "Boston Herald," "by the result of the decision which separated them from their mother; and force was required to remove them from the court-room. ...
— Women and the Alphabet • Thomas Wentworth Higginson
... intervening between 1815 and 1830 were therefore a period of constant bitterness and contention between the higher and the lower classes. Mass meetings which were called by the popular leaders were dissolved by the government, radical writers were prosecuted by the government for libel, the habeas corpus act was suspended repeatedly, and threatened rioting was met with severe measures. The actions of the ministers, while upheld by the higher classes, were bitterly attacked by others as being unconstitutional ...
— An Introduction to the Industrial and Social History of England • Edward Potts Cheyney
... for light wherever it might be found, your committee did not deem it either advisable or safe to adopt, without further examination, the suggestions of the President, more especially as he had not deemed it expedient to remove the military force, to suspend martial law, or to restore the writ of habeas corpus, but still thought it necessary to exercise over the people of the rebellious States his military power and jurisdiction. This conclusion derived greater force from the fact, undisputed, that in all those States, except Tennessee, ...
— History of the Thirty-Ninth Congress of the United States • Wiliam H. Barnes
... wait for angels to pull the triggers. If the insurrection could have been postponed until the harvest the counsel would have been sound. The Young Ireland leaders forgot, however, that the Government had one powerful weapon in reserve with which it might force their hands—the Suspension of the Habeas Corpus Act. On July 21st Meagher and his comrades and the Dublin leaders discussed and arranged the outline of a contingent insurrectionary plan for the autumn. O'Brien left for Wexford and O'Gorman for Limerick to organise those counties. The ...
— The Felon's Track • Michael Doheny
... the extortion, which, in prison language, was called "garnish." The first question to a new prisoner was, whether he was in by arrest or command; and there was generally some knavish attorney in a threadbare black suit, who, for forty shillings, would offer to move for a habeas corpus, and have him out presently, much to the amusement of the villanous-looking men who filled the room, some smoking and some drinking. At dinner a vintner's boy, who was in waiting, filled a bowl full of claret, and compelled the new prisoner to drink to all ...
— Old and New London - Volume I • Walter Thornbury
... Habeas Corpus.—Not connected directly with trials but related to the district court is the writ of habeas corpus. This is the most famous writ in law, and has been styled "the chief bulwark of liberty." It was designed originally to secure a person from being detained in prison ...
— Studies in Civics • James T. McCleary
... do not half like the Irish prosecutions, but I fear there is no alternative, except, indeed, the suspension of the Habeas Corpus, which I should like still less. Parnell is doing his best to make Irish legislation unpopular with English Radicals. The workmen here do not like to see the law set at defiance, and a dissolution on the 'Justice for ...
— The Life of the Rt. Hon. Sir Charles W. Dilke V1 • Stephen Gwynn |
