Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1842-10-29
TPrRLIc--No. I'll


tice in the courts of the United States.
Be ii enacted by the Senate and House Of
Representatives of the United States Of
America in Congress assembled, That either
of the justices of the Supreme Court of the
United States, or a Judge of any district
court of the United States, in which pris-
oner is confined, in addition to the author
ty already conferred by law, shall have
power TO grant writs of habeas corpus in
all cases of any prisoner or prisoners in
Jail or confinement, where he, she, or they.
being subjects or citizens Of foreign
State, and domicled therein shall be COM
mitted or confined, or in custody. under or
by any authority or law, or process founded
thereon, of the United States, or of any
one of them, for or on account of any act
done or omitted under any alleged right,
title, authority, privilege, protection, or
exemption, set up or claimed under the
commission, or order, or sanction, of any
foreign State or Sovereignty, the validity
and effect whereof depend upon the law
of nations, or under color thereof. And
upon the return Of the said writ. and due
proof of the service of notice of the said
proceeding TO the Attorney General OF
other officer prosecuting the pleas of the
State, under whose authority the petitioner
has been arrested, committed, or is held il
custody, to be prescribed by the said JUS
tice or ndge at the time of granting sale
writ, the said jnsticc or judge shall proceed
to hear the said cause; and it, upon hear
ing the same, it shall appear that the pris
oner or prisoners is or are entitled to bt
discharged from such confinement. com
mitment, custody, or arrest, for or by rea'
son of such alleged right, title, authority
privileges, protection, or exemption, so SCI
up and claimed, and the law of nations
applicable thereto, and that the same ex-
lists in fact, and has been duly proved to
the said Justice or Judge, then it shall be
the duty of the said justice or Judge forth
with to discharge such prisoner or prison
ers accordingly. And if it shall appear tC
the said Justice or Judge that such judg
ment of discharge ought not to be render
ed, then the said prisoner or prisoners shal
be forthwith remanded Provided, allcdy,
That from any decision of such justice o
Judge an appeal may be taken to the cir
cult court of the United States for the dis
. trict in which the said cause is heard; ant
, from the Judgment of the said circuit cour
, to the Supreme Court of the Unite
| States, on such terms and under such regu
ations and orders, as well for the custod
and appearance of the prisoner or prison
ers, as for sending up to the appellate tribu
nal a transcript of the petition, writ of ha
beas corpus returned thereto, and other pre-
ceedings, as the Judge hearing the said caus
i may prescribe; and pending such Proce'
ding or appeal, and until final judgment b
rendered therein, and after final jud!
t ment or discharge in the same, any proce,
+ ding against said prisoner or prisoners,
n any State court, or by of under the autho
ity of any State, for any matter or thing
'e heard and determined, or in process
IT being heard and determined, under and
1t virtue of such writ Of habeas corpu
s. shall be deemed null and void.
i, Approved, August 30, 1912.