Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1855-09-29

" E .H g..
sAE feoNtLuDED FROM FIRST sTsAaEs
tition in due form asserts what, if true, would
eutjtie the party to relief.
"a. That an allegation in a pctit;oathat the
petitioner is restrained Of his liberty by al
order Of q Judge on court without jurisdiction,
Shows sUch probable cause rs to leave it no
Logger discretionary with The court or Judge to
whom application is made, whether the writ
shall o. shall not issue.
81. That wicre q person is Imprisoned hy
ogser Of "a Jndge IL the District Court of the
United for refusing to answer a writ Of hgbeIs
carpng, he is cntitle,itobe diSclAr5ed from such
iinprisonmcntif the ,1udgeo Of the District Court
hTl no authority to issue the writ.
4th. That the power to issue writs of hateqs
ccIpms by the Judges of the Federal Courts is
a mere auxiliary power, aud that no such writ
can be Issued by such Judges where the cause
OF complaint intended to be renledied by it is
beyond their jurisdiction. -
9th. That the courts Of the federal govern
ment are courts of limited jurisdiction, derived
from the constitution, and that where the jur-
%isdiction is not given by the constitution or by
Congress in pursuance of the constitution, il
does not exist.
9th. That when it does not appear by the
record that the court has jurisdiction in a pro
reeding under our h0teus c0tpas act to relieve
from an Illegal imprisonment, want Of juris
diction may be shown by proving the facts OF
the case.
18th. That where the inquiry as to the iuris
diction of a Court arises upon Il rule Of h0Lca,
rorpas, all the facts set forth in the petition
tending to show want of jurisdiction are to be
considered as true, unless they contradict the
record.
Sth. That when the owner of o slave voIrn
tarily brings his slave from a slave to Il free
state, without any intention of remaining there
in, the right Of the slave to his freedom de-
ponds upon tie law Of the state into which he
is thus brought.
9th. That if q slave so brought into a free
state escapes from the custody of the master
while in said state, the right of the master tc
reclaim him is not a question arising under tho
constitution of the United States or the laws
thereof, and therefore a Judge of the United
States cannot issue a writ OF haEc9S corpu.
directed to one who, it is alleged, withholds
the possession of the slave from the master
commanding him to produce the body of the
slave before the said Judge.
10th. That the District Court Of the United
States for the Eastern district of PENNSYLVANIA
had no jurisdiction, because a controversy is
between citizens of different states, and that q
proceeding by hobeas corpus is, in no legal sense,
a controversy between private parties.
18th. That the power of the several courts
of the United States tt inflict summary punish
ment for contempt of court, in ~disobeying a
writ of the court, is expressly confined to eases
of disObcdience to lawful writs.
18th. That where it appears from the record
that the conviction was for disobcying a writ
of ha6eas corp~s, which the court had no juris-
diction to issue, the conviction is coram non
jUdice, and void.
For these reasons l do most respectfully but
most earnestly dissent from the Judgment Of
the majority of my brethren, refusing the writ
applied for,