Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1842-11-10
IPuBLIc, No III

PUBLIC, NoI.
AN ACT to provide further remedial justice
( in the courts of the United Srates.
BE ii enacted By the Senate and House o
Representatives of The United States of .4n,eri-
ca IN Congress assembled, That either OF the
jnsiiccs Of the Supreme Court o. the United
States, or a Justice Of the Supreme Court Of
the United States, or Judge Of any district
court Of the United States, in which prison
er is confined, in addition to the authority al
ready conferred by law, shall have power to
grant wrlts OF habeas corpus IN all cases OF
any prisoner or prisoners IN jail or conline-
ment, where he. she, or they, beng subjects
or citizens of foreign State, and domlcIled
therein, shall be committed 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 ot
any act done or omitted under any alledged
right, iltlc, authority, privilege, protection, or
exemption, set up or Gained under the com
mission, or order, or sanction, OF any iOrelgn
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 Auor-
npy Genrra or other officer prosecuting tic
pleas OF the State, under whose authority the
petitioner has been arrested, Committed, or
held in custody, To be prescribed by the said
Justice or Judge at the time of granting said
writ, the said justice or Judge shall proceed 10
hear the said cause and if upon hearing the
same, il shall appear that ihe prisoner or prs
oners is or are entitled TO be discharged from
such confinement, commitment, custody, or
arrest, for or by reason OF such allcdged right,
title, authority, privileges, protection, or eX-
emptlon, so set up and claimed, and the law
of nations applicable thereto, and that the
same exists IN fact, and has been duly proved
TO the said Justice or Judge, then 1t shall be
the duty OF the said justice or Judge forthwith
to discharge such prisoner or prisoners ac-
cordlngly. And II ii shall appear 10 the JUS
,icc or Judge that such Judgment or discharge
oupht not To be rendered, then the said prs
one- or prisoners shall be forthwith reman-
ded: Prorided, ai,cays, That from any decis-
ion Of such justice or Judge an appeal may
be taken To The circuit court OF the United
States for the district IN which the SAID cause
is heard and from the judgment OF the said
circuit court TO the Supreme Court oi the
: United States, on such terms and under such
| REGULATIONS and orders, as well for the custo.
/ DIV snd appearance Of the prisoner or prison
cis. as for sending up TO the appellate tn
bunal transcript ot the petition, writ OF
habeas corpus returned thereto, aud other
proceedings, as the Judge hearing the SAID
cause may prescribe and pending such pro.
! cceding or appeal, and until final Judgment
/ be rendered therein, and after final Judgment
Of discharge IN the same, any proceedings
/ against said prisoner or prisoners, IN any
State court. or by or under the authority OF
aay State, for any matter or thing so heard
and determined, or IN process OF beng heard
! and determined, unde. and by virtue OF sucl
writ of hnbeas corpus, shall be deemed nul
! aud VOID,
/ Approved, August %, lSi2.