3609. HABEAS CORPUS, Bill of Rights and.—
I like the declaration of rights as far as
it goes, but I should have been for going further.
For instance, the following alterations
and additions would have pleased me: * * *
Article 8. “No person shall be held in confinement
more than—days after he shall
have demanded and been refused a writ of
habeas corpus by the judge appointed by law,
nor more than—days after such a writ
shall have been served on the person holding
him in confinement; and no order given on
due examination for his remandment or discharge;
nor more than—hours in any place
at a greater distance than—miles from the
usual residence of some judge authorized to
issue the writ of habeas corpus; nor shall
such writ be suspended for any term exceeding
one year, nor in any place more than—miles distant from the station or encampment
of enemies or of insurgents.”—
To James Madison. Washington ed. iii, 100.
Ford ed., v, 112.
(P.
Aug. 1789)
