The Short ConstitutionWade, Martin J. (Martin Joseph)
History
The Short Constitution
Wade, Martin J. (Martin Joseph)
United States. Constitution
J. Write a paper on the following:
The Privileges of the Citizen
The Danger of Not Voting
The Ballot—An Obligation Not a Privilege
How to Become a Naturalized Citizen
Voting and other Duties of Citizenship
XIX. WRIT OF HABEAS CORPUS
The Privilege Of The Writ Of Habeas Corpus Not To Be Suspended Except In
War
Here is something in our Constitution which I suppose you have read, but
which you probably do not understand. That is, you probably do not
understand its real value, not to somebody else, but to yourselves,
because all of these provisions of the Constitution are for each one of
us.
We may go along through life, never being placed in a position where we
will have to call upon the Constitution to defend us. Most of our people
are peaceful and just, and it isn’t often that the rights of innocent
persons are attacked or invaded. It isn’t often that an innocent man is
arrested for a crime, and yet such a thing may occur any day to any one of
us. You may rest assured that such things do not occur as often as they
would if the Constitution did not stand as a barrier to protect innocent
persons. These great constitutional guaranties are not only valuable when
we want to assert our rights, but they are valuable as a restraint upon
wrongdoers.(83)
Now here is this provision:
“_The Privilege of the Writ of Habeas Corpus shall not be suspended,
unless when in Cases of Rebellion or Invasion the public Safety may
require it._”(84)
What is a “writ of habeas corpus”? “Habeas Corpus” is a Latin phrase,
which in English means “you may have the body”. A writ of habeas corpus is
a writ directed to the person detaining another, or holding him in prison,
commanding him to produce the prisoner at a certain time and place before
a court or judge, so that the right of imprisonment or restraint may be
inquired into. It is an ancient writ, recognized as far back in English
jurisprudence as 1679. It was used against the king in the reign of Henry
VII, and on through the later years. It was recognized from time to time,
sometimes entirely denied, and again given force.
But as applied to you and to me, what does it signify? Suppose on your way
home this evening, some person should seize you and force you to go to
jail, and lock you up. No charge is made against you. You are innocent of
any offense. You sit there in the cell wondering what it all means. You
cannot even communicate with your parents or friends. The jail is built of
stone, the iron bars are strong, and you are helpless.
Well, in the olden days, many a man and woman had such experiences, and
many a man and many a woman lay in jail for long periods without any
charge, or any trial, deprived of liberty, utterly powerless.
Public-domain text, read in full here on John Shaqi.
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