A Treatise on the Right of Personal Liberty and the Writ of Habeas Corpus and the Practice Connected with it: With a View of the Law of Extradition of FugitivesFirst Complete Study of the Status of Slavery in the United States. Published a year before John Brown's raid and three years before the outbreak of the Civil War, this was the first book-length work to treat the status of slaves at length. As such, it is a landmark work in the bibliography of American civil liberties. Hurd reviews the statutes concerning fugitive slaves and their extradition, analyzes the Fugitive Slave Act of 1850 and discusses the application of habeas corpus to slave issues. The list of cases cited by Hurd includes such landmarks as Jack v. Martin and Prigg v. Pennsylvania. Rollin C. Hurd [1815-1874] was a prominent lawyer, Judge of the Ohio Court of Common Pleas and the President of the Cleveland, Mount Vernon and Columbus Railroad. CONTENTS BOOK I. The Right of Personal Property I. General Nature and Limitations of the Right II. Limitations of a Public Nature III. Limitations of a Private Nature IV. Constitutional and Statutory Guarantees of the Right of Personal Liberty in England V. Constitutional and Statutory Guarantees of the Right of Personal Liberty in America BOOK II. The Writ of Habeas Corpus I. Nature of the Writ of Habeas Corpus, and Sources and Extent of Jurisdiction over it II. Practice in Procuring and Serving the Writ III. The Return IV. The Issue V. The Hearing VI. Jurisdiction in Respect to the Validity of Legal Process when Asserted as Cause of Detention VII. Validity of Legal Process VIII. Right to Bail IX. Claims for Private Custody Founded on the Domestic relations X. Statutory Provisions Relating to Prisoner's Discharge XI. Section I. Writ of Error BOOK III. The Law of Extradition of Fugitives I. Extradition of Fugitives from Justice from Foreign States II. Extradition of Fugitives from Justice from the Several States of the Union III. Extradition of Fugitives from Service |
Contents
3 | |
5 | |
12 | |
24 | |
40 | |
SECTION IV | 49 |
Limitations arising from the relation of principal and special bail | 60 |
CHAPTER IV | 73 |
SECTION III | 351 |
VALIDITY OF LEGAL PROCESS | 362 |
SECTION VI | 371 |
49 | 374 |
50 | 387 |
52 | 399 |
SECTION VIII | 400 |
Commitments in execution | 404 |
SECTION II | 85 |
SECTION IV | 92 |
Limitations executive of duties to the citizen | 100 |
CHAPTER V | 105 |
SECTION II | 120 |
5 | 123 |
CHAPTER I | 143 |
6 | 145 |
SECTION IV | 163 |
8 | 167 |
SECTION VI | 203 |
SECTION II | 209 |
SECTION III | 228 |
SECTION VI | 237 |
SECTION III | 243 |
Production of the body and statement of the day and cause of | 255 |
SECTION VII | 262 |
SECTION X | 277 |
CHAPTER IV | 291 |
CHAPTER V | 299 |
The evidence | 303 |
SECTION III | 324 |
General nature of this jurisdiction | 330 |
Atwood | 331 |
SECTION XI | 416 |
SECTION XII | 427 |
Inquiry before indictment | 437 |
Inquiry after conviction | 446 |
SECTION III | 454 |
General rules as to custody of legitimate children | 462 |
SECTION VI | 474 |
SECTION VII | 521 |
SECTION VIII | 527 |
SECTION X | 537 |
SECTION XI | 545 |
CHAPTER X | 553 |
SECTION I | 562 |
CHAPTER I | 575 |
CHAPTER II | 592 |
SECTION III | 605 |
The flight of the accused | 606 |
SECTION VII | 615 |
State legislation | 627 |
CHAPTER III | 634 |
SECTION II | 648 |
APPENDIX | 655 |
670 | |
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Common terms and phrases
act of Congress affidavit alleged appear application arrest authority bail brought cause charge Charter child citizen common law Commonwealth confinement Constitution conviction crime criminal or supposed custody debtor declared defendant delivered demand discharge District duty England entitled evidence Ex parte Bollman Ex parte Watkins execution exercise facts father felony fugitive Governor grant the writ ground guardian habeas corpus act held House of Lords husband illegal imprisonment indictment infant issue judge judgment judicial jurisdiction jury justice King King's Bench Lord magistrate Magna Carta ment mother offence officer opinion parent party Pennsylvania personal liberty petition petitioner principle prisoner privilege proceeding provisions punishment question reason refused relation remedy restraint rule says SECTION secure sheriff South Carolina statute sufficient supposed criminal matter Supreme Court surrender tion trial United warrant of commitment wife writ of error writ of habeas