The Short ConstitutionWade, Martin J. (Martin Joseph)
History
The Short Constitution
Wade, Martin J. (Martin Joseph)
United States. Constitution
Now as I said, suppose you were in jail to-night—not even permitted to
communicate with a friend or with a lawyer, and your father found out
where you were. He could not go and break down the prison walls. He could
not even talk to you; but if he were familiar with the Constitution of the
United States and of his State—because there is a like provision in the
Constitutions of all States—if your father understood his constitutional
rights, he would at once apply to some court or judge for a writ of habeas
corpus. It would be a simple matter. He would set out in writing the
facts, simply the story that you were seized and were imprisoned
wrongfully, and he would ask that a writ of habeas corpus issue, and this
request, no court or judge can deny. He would promptly issue the writ,
which would be in writing directed to the person keeping you in jail, or
the keeper of the jail, or some one who was aiding in keeping you in jail,
and this writ would command such person to have you brought before the
court at once, “commanding him to produce the body of the prisoner at a
certain time and place”. You would be brought there, and the person having
you in jail would have to show cause for such conduct. Unless legal cause
were shown, the judge would promptly discharge you, and the person who had
committed the wrong against you would probably receive proper punishment,
after a trial, for his wrongful act.
Now there were long periods of time in England when the right to a writ of
habeas corpus was suspended, during which time a person wrongfully in
prison had no relief and no remedy, when helpless men and women starved
and died. So when the Constitution was adopted, the people of America were
careful to see that the following guaranty was written therein:
“_The Privilege of the Writ of Habeas Corpus shall not be suspended_”.(85)
Public-domain text, read in full here on John Shaqi.
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