Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1807-03-13

el% - FEsRuaaF TsaM, 1907.
r Esift RoiiRair
Extarfs and 4 H.
n - Samkei Sts1rsssushf, VI
onmotion Cor ! haSs6s oozfss AZ sut-
jicisndKsl ~ ssssfEfl. il
AsrsAaI che Jusiice. delivsr-dthe
opinion of the court, 8 follosss
As preliminary % any investigafiui pf
the merits Of hi, motion, this court
deems Il proper 70 declare .that &c dis
.ciaims sll iurisaictiGaa ma sgiven = dir
:eonstisntion, erbyths Inns ofths U1ieed
States. ez. e ~ ]. ID 8Ssstsss3
Courts which originste in the common
law possess aiuEisdiesion which must be
regulated By iheir COMMON law until
some statue sshslt changstheir establish-
cd principles but courts which ore
created By written Lave, and whose iuris.
dicsion is defined BY written law, cannot
transcend that jurisdiction: Iris un-
necessary toss,aae thereasoning on which
this opinion 4 founded, Because ita has
been repeatedly given BY this courf and
with the decisions heretofore rendered
on this point, no member of the bench
has, even for an instane. been dissatis.
6ed. The reasoning from the bar, In re.
latioh 10 Il, may be answered by the sin.
gle observation, thu for the meaning Of
the term habeas CORPUS, resort may un.
questionably be hadso the commen law;
but the power 10 award the writ BY any
of the courts of NE United States, must
be given BY writers law. =
This opinion IS not % Be cohsidefsd
as abridging the powers of courts over
their own officers, or 10 protect them
selves. and their u,embers from being
disturbed in the exercise Of tkgiF fpncti.
ons. Il extepds Only TO the power bf
taxing. cognizance Of any question Be-
tween individuals. or betwesn the 20
vernmene snd iniliyiduals. 'asss 1lAS.
To enable The court % decide cn such
question, the power to delermines il must
be given by written Law. r $. fss. z.
The inquiry therefors Oh tins motion
win be, whether by any statute, compa-
tible withthS constitution of the United
States, the power 70 award writ of ha-
tras corpss, in suchsa case as That 6f
Erickr holman and SaSateI Swartwont,
has been given othis court. M ~
The 14lh sectiod Of the Judicial nd,
has been.eonsidered a containiGga cub.
stautive grant Of this power. ~ ~.
Its in these words = That an the
hsf9re mentioned courts of the United
States shall have power 10 issue writs or
sciyr fac;;as, habeas eogpns, and.alf ctker
writs, M, specially. provided for 6y sta
tfute, which may Sc necessary Tor the
exercise al their respective jurisdictions,
andagrershly tothe principles and usages
Of lAw.5 And that eisherof the jussicrs
ofthe supreme eours, - yell as judges
ofthe district courts shall have power to
grant writs of ha5eas3 corpus, for the
purpose Of m inquiry into the cause OF
commitment. Provided tiat writs. Of
Aateas corpus shall in no cass, extend %
prisoners in fail, unless whereshey are ia
custody under or by color Of the au,ho.
Tity RI the United States, or are com.
mitssd fer trial before some court Of the
SAME, or are necessity to be brought
into court 10 testify" -
The only doubt of With this section
can s susceptible i, whether, the re.
strietiye words Of The FIRST sentence limit
the power 10, theaward Of snch writ. Of
habsas corpus as are necessary to enable
The eoerts Of the United Sta,es 70 exer-
else theirrespective Jurisdictions in some
cause which they are capable Of finally
deciding. - Z ]. q - - !, :.
Is has been urged thatin ssrict gram
natieal eonstructio6, these words refer
% the: last antecedent, which y = III
other wits NOT specially provided Tor BY
.statute.. III d q - =
This criticism may Be correct, and Il
notensiielY without its inAuepee !; but
the sound eonstruction which the court
thinksit safer 70 adopt, l., that the true
sense ofthe words b 10 be defermined
by The nature Of the prosiaion and b. the