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Proceedings of the House, 1856
Volume 659, Page 643   View pdf image
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1856] OF THE HOUSE OF DELEGATES.           643

other Grand Inquests do upon oath or statement in regard to the
particular facts.                                           

But even admitting;, for the sake of argument, that the charge
be true, and that certain persons are confined against their will,
still your Committee are of the opinion that the laws of the land,
and those now in force in this State, furnish an effectual and com-
plete remedy for all such cases as have been reported for their
consideration.

It would, indeed, be an outrage were it not so, and if, in fact,
it were permitted to any religious sect or persuasion to erect pri-
vate houses or Convents, with intent to confine persons unlawful-
ly within their walls, and if, in a single instance, properly authen-
ticated, such an intention were carried out with impunity, it would
not only be a flagrant violation of all law, but an outrage upon the
feelings of any civilized community.

But your Committee need only remind the House that that
great safeguard of personal liberty, the writ of Habeas Corpus,
throws ample protection around even the humblest citizen of our
Commonwealth; and, that if any person, whatever, has reason.
to believe that any individual is detained unlawfully, or against
his will, in any Convent or Religious House, upon oath of such
person so believing, before any Court of this State, this writ
issues, as of right, commanding the Owner, Director, or Superior
of any such House or Convent, to bring before such Court the
individual so detained; and neither bolts nor bars, nor any religi-
ous vows, can prevent the service of, or compliance with such a
writ; but it is a speedy, summary, and sure writ of deliverance
to any one deprived of his liberty, by any unlawful means, or un-
der pretext of any religious vow or consecration.

Your Committee have, therefore, arrived at the unanimous
conclusion, that, if, as alleged by the petitioners, persons are de-
tained against their will, in any Religious House or Convent, it
is not because the law does not afford ample protection, but be-
cause of the neglect to execute its demands; and it is the fault
of those interested in the execution of the law, not the defect of
proper legislation.

Believing, therefore, that no further legislation is necessary for
the security of the citizen, or for the peace, good order, and safety
of the State, they beg leave, respectfully, to submit these rea-
sons, which have led them to this conclusion—to the further con-
sideration of the House, and to the enlightened judgment of the
people of Maryland.

LEWIS P. FIERY,

ANTHONY KENNEDY,
JAMES R. PARTRIDGE,
WM. D. BOWIE,

WM. B. CLARKE.

 

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Proceedings of the House, 1856
Volume 659, Page 643   View pdf image
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