it can enforce all. If the civil law is overthrown, it is powerless to enforce any right
"The Court has not construed the Constitution. It has ignored it; and the result is that it. has made greater inroads on the Constitution than it intended, and that not one of the guarantees of personal liberty can now be enforced.
"The Court would have sustained the Governor, under the authorities, if it were possible to do so, but, finding it impossible to sustain him under the authorities, it has sustained him in spite of them. All courts are in duty bound to sustain the co-ordinate departments of the Government, when they can be sustained, and I should sustain the executive department if any doubt lingered in my mind as to the right of the head of that department to exercise the great power that he asserts. But I believe that the Constitution has been "unnecessarily assailed and rudely violated" by the head of the executive department, and I further believe that this Court has removed the landmarks which our fathers have set; and my duty requires me to withhold my approval.
"Habeas corpus is the proper remedy to release from arbitrary arrest, and, unless its privileges have been suspended, one is not subject to arrest on suspicion merely, and detention beyond the time fixed by statute for return to the writ. As the privilege of the writ has not been suspended, as the courts are open, as martial law does not prevail, and as no charge has been preferred against the petitioner, he should be discharged. The greatness of this country consists in being able to protect, by the shield of its Constitution, the humble and the exalted, the pure snd the wicked. We gave the wretches Guiteau, Prendergast and Czolgosz trials by due forms of law, and by so doing we strengthened the nation at home and abroad. Had we departed from the principles declared by our fathers, we should have lessened the liberty of every citizen, and imperilled the title to all property. When we deny to one, however wicked, a right plainly