Case of Passmore Williamson: Report of the Proceedings on the Writ of Habeas Corpus |
Other editions - View all
Common terms and phrases
act of Congress adjudication affidavit affirmed amicus curiæ answer interrogatories appears application argument asked authority awarded bail believe cause Chancery Chief Justice cited commitment for contempt common law Constitution conviction coram non judice Crosson custody Daniel and Isaiah day of July decided defendant detained discharged District Court District of Pennsylvania duty DYKE Eastern District entitled fact Federal Court filed fugitive GILPIN grant habeas corpus act heard hearing honor imprisonment issue the writ Jane Johnson John H Judge KANE judgment judicial learned counsel liberty Marshal matter MEREDITH motion negroes obey opinion Passmore Williamson person petition Petitioner Philadelphia prays present principle prisoner proceedings produce the bodies propounded purgation purge his contempt question record referred refusing to answer respectfully restrained statute submit supposed Supreme Court tion tribunal United void want of jurisdiction Wheeler writ of habeas writ of right
Popular passages
Page 77 - Provided, that writs of habeas corpus shall in no case extend to prisoners in gaol, unless where they are in custody under or by color of the authority of the United States, or are committed for trial before some court of the same, or are necessary to be brought into court to testify.
Page 33 - ... and if beyond the distance of twenty miles, and not above one hundred miles, then within the space of ten days, and if beyond the distance of one hundred miles, then within the space of twenty days, after such delivery aforesaid, and not longer.
Page 78 - States, in addition to the authority already conferred by law, shall have power to grant writs of habeas corpus in all cases of a prisoner or prisoners, in jail or confinement, where he or they shall be committed or confined on, or by any authority or law, for any act done, or omitted to be done, in pursuance of a law of the United States...
Page 177 - that all the before-mentioned courts of the United States shall have power to issue writs of scire facias, habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law.
Page 85 - That such power to punish contempts shall not be construed to extend to any cases except the misbehavior of any person in their presence, or so near thereto as to obstruct the administration of justice, the misbehavior of any of the officers of said courts in their official transactions, and the disobedience or resistance by any such officer, or by any party, juror, witness, or other person, to any lawful writ, process, order, rule, decree or command of the said courts.
Page 19 - Isaiah, aged about 7, and, in the presence of the master, informed the said Jane that she was free by the laws of Pennsylvania ; upon which she expressed her desire to have her freedom, and finally, with her children, left the boat of her own free will and accord, and without any coercion or compulsion of any kind ; and having seen her in...
Page 77 - Courts which originate in the common law possess a jurisdiction which must be regulated by the common law, until some statute shall change . their established principles ; but courts which are created by written law, and whose jurisdiction is defined by written- law, cannot transcend that jurisdiction.
Page 49 - The United States have no power, legislative or judicial, except what is derived from the constitution. When these powers are clearly exceeded, the independence of the states, and the peace of the union demand that the state courts should, in cases brought properly before them, give redress. There is no law which forbids it; their oath of office exacts it, and, if they do not, what course is to be taken? We must be reduced to the miserable extremity of opposing force to force, and arraying citizen...
Page 82 - ... privileges and immunities of citizens, simply transferred negroes to the category of citizens in the classification of the code, and clothed them with all the incidents of that new position. It was not necessary, he said, to inquire whether the privileges and immunities guaranteed to the colored race by the constitution of the State as well as that of the United States included political rights ; " it cannot be questioned that both constitutions make them citizens. And I think...
Page 87 - That the power of the several courts of the United States to issue attachments and inflict summary punishments for contempts of court, shall not be construed to extend to any cases except the misbehavior of any person or persons in the presence of the said courts, or so near thereto as to obstruct the ^administration of justice, the misbehavior of any of the...