Suspension of the Writ of Habeas Corpus : Letter From the Attorney General, Transmitting, in Answer to a Resolution of the House of the 12th Instant, An Opinion Relative to the Suspension of the Writ of Habeas Corpus

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There is but one sentence in the Constitution which mentions the writ of habeas corpus— a.vtic\e 1, section 9, clause 2 — which is in these words : " 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." Very learned persons have diifered widely about the meaning of this short sentence, and I am by no means confident that I fully un- derstand it myself. The sententious language of the Constitution, i
...n this particular, must, I suppose, be interpreted with reference to the origin of our people, their historical relations to the mother country, and their inchoate political condition at the moment when our Constitution was formed. At that time the United States as a nation, had no common law of its own, and no statutory provi- sion for the writ of habeas corpus. Still, the people, English by descent, even while in open rebellion against the English crown, claimed a sort of historical right to the forms of English law, and the guarantees of English freedom.

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