Writ of Habeas Corpus Speech of Hon James a Pearce of Maryland

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Writ of Habeas Corpus Speech of Hon James a Pearce of Maryland
James Alfred Pearce
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I know, too, that Mr. Jefferson, that \ great apostle of liberty, whom so many gentlemen ] here- profess to revere as the founder of the polit- . Ical creed in which they place the most implicit [ confidence and faith, declared himself, at the very time of the formation of the Constitution, as op- \ posed to any suspension whatsoever, even by legislative authority, of the privilege of the writ of habeas coiyits; declared himself in favor of its ! eternal and unremitting force; and, sir, I very ...i much incline to think he was right. I doubt very much whether the good to be effected by its sus- pension, in any condition of things in which the country can be placed, will be at all commensu- rate with the evil undoubtedly sure to follow from such suspension. If necessity, which is an odious i l)lea, knownforhundredsofyearsas" the tyrant's ; plea" — a plea by which you may overthrow all constitutional provisions — if that plea is efficient here; if that is a justification for a violation of one provision of the Constitution, it is equally a justification for any and all violations of it.

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