pended, unless when, in cases of
rebellion or invasion, the public safety may require it."

The privilege of this writ, wherever it is allowed, is of itself
sufficient to make slavery impossible and illegal. The object and
prerogative of this writ are to secure to all persons their natural
right to personal liberty, against all restraint except from the
government; and even against restraints by the government itself, unless
they are imposed in conformity with established general laws, and upon
the charge of some legal offence or liability. It accordingly liberates
all who are held in custody against their will, (whether by individuals
or the government,) unless they are held _on some formal writ or
process, authorized by law, issued by the government, according to
established principles, and charging the person held by it with some
legal offence or liability_. The principle of the writ seems to be, that
no one shall be restrained of his natural liberty, unless these three
things conspire; 1st, that the restraint be imposed by _special command
of the government_; 2d, that there be a general law authorizing
restraints for specific causes; and, 3d, that the government, previously
to issuing process for restraining any particular individual, shall
itself, by its proper authorities, take express cognizance of, and
inquire cautiously into the facts of each case, and ascertain, by
reasonable evidence, that the individual has brought himself within the
liabilities of the general law. All these things the writ of _habeas
corpus_ secures to be done, before it will suffer a man to be restrained
of his liberty; for the writ is a mandate to the person holding another
in custody, commanding him to bring his prisoner before the court, and
show the authority by which it holds him. Unless he then exhibit a legal
precept, warrant or writ, issued by, and bearing the seal of the
government, specifying a legal ground for restraining the prisoner, and
authorizing or requiring him to hold him in custody, he will be ordered
to let him go free. Hence all the keepers of prisons, in order to hold
their prisoners against the authority of this writ, are required, in the
case of each prisoner, to have a written precept or order, bearing the
seal of the government, and issued by the proper authority, particularly
describing the prisoner by name or otherwise, and setting forth the
legal grounds of his imprisonment, and requiring the keeper of the