Page:The American Democrat, James Fenimore Cooper, 1838.djvu/60

54 states, however, the liberties of the mass, are of the negative character of franchises, which franchises are not power of themselves, but merely an exemption from the abuses of power. Perhaps no state exists, in which the people, either by usage, or by direct concessions from the source of authority, do not possess some of these franchises; for, if there is no such thing, in practice, as perfect and absolute liberty, neither is there any such thing, in practice, as total and unmitigated slavery. In the one case, nature has rendered man incapable of enjoying freedom without restraint, and in the other, incapable of submitting, entirely without resistance, to oppression. The harshest desposts are compelled to acknowledge the immutable principles of eternal justice, affecting necessity and the love of right, for their most ruthless deeds.

England is a country in which the franchises of the subject are more than usually numerous. Among the most conspicuous of these are the right of trial by jury, and that of the habeas corpus. Of the former it is unnecessary to speak, but as the latter is a phrase that may be unintelligible to many, it may be well to explain it.

The literal signification of Habeas Corpus is, "thou may'st have the body." In arbitrary governments, it is much the usage to oppress men, under the pretence of justice, by causing them to be arrested on false, or trivial charges, and of subjecting them to long and vexatious imprisonments, by protracting, or altogether evading the day of trial. The issue of a writ of Habeas Corpus, is an order to bring the accused before an impartial and independent judge, who examines into the charge, and who orders the prisoner to be set at liberty, unless there be sufficient legal ground for his detention.