The Cass County Republican. [volume] (Dowagiac, Mich.) 18??-1880, 1861-02-21

process, known to the common law to
have their rights adjucated. 1t does
not strip this writ of the difficulties at
tending its procurement in ordinary
cases, but leaves statutes operative in
all other eases of illegal detention of
individuals to operate in this. A large
part of chapter l34 Of the Revised
Statutes of I846 Comp. Laws, PIP. L.
81 to 1,3s9l relates to the writ of
habeas corpus. 1t is to be granted on
petition, and that the petition must
state in substance: A
That the person for whom the writ is
sought is illegally imprisoned or re-
strained by some other person.
2. That such person is not detained
by virtue of any process, Judgment,
decree, or execution of the courts of
the United States or of this State.
8. The cause of the confinement or
restraint according to the best knowl,
edge or belief of the petitioner.
4. If the confinement be by virtue
of any warrant, order, or process, a
copy thereof must be annexed, unlsss
a copy was refused, or demand could
not be made.
5. If the Imprisonment be alleged to
be illegal, it must be shown in what the
illegality consists.
6. 1t must specify the rigbtdemanded.
Z. 1t must be verified by the oath of
the petitioner.
These various requirements can ordi-
narily be easily complied with in behalf
of person entitled to freedom, but
not so readily in behalf of one who is
legally detained in the custody Of an
other. A petitioner whose main ale
CATION is false is not permitted merely
to swear to legal conclusion, but must
run such gauntlet of specifications as
is likely to involve him to perjury.
Under this writ the judge cannot in
quire into the justice or illegality of
any process issued by any court of the
the United States or any judge thereof,
or as to the justice or legality of any
legal process, civil or criminal, upon
which any person is convicted or in ex-
ecution. Yet it was competent for the
Legislature, in its discretion, to have
lessened the requirements preliminary
to the issue of this writ, and the power
to grant it and to make adjucations
upon its return might have been con-
ferred upon every Justice of the Peace
in the State, instead of remaining linn
tied to a few Judges and Circuit Court
Commissioners. The practical result
has been that, while for nearly six years
no claimant of fugitive slaves has been
at all delayed or hindered by this act,
or on the other hand no free person
has been kidnapped as slave within
the State of Michigan, although this
is not very unfrequent occurrence in
some of the States which have no such
statutes. Does it not, as we examine
it, become abundantly evident that this
statute was passed for the purpose in
dicated by its title, and not for the pur
pose of regulating the rendition of fu-
gitive slaves? Can it, "in any Just
sense" be properly said to interfere
with, hinder, or delay the right of the
STAKEHOLDER
1t is provided in section 3, that either
party may demand and have trial by
Jury of the question of fact arising in
the case, but this circumstance does
not change the summary character of
the proceeding. If the person to whom
the writ is addressed can show that he
holds his prisoner upon any valid pro-
cess or order, no question of the fact
will arise in the case, but the person
. Il ho 1a1
mination of the question of law. If
questions of fact are contained in the
issue formed by the petition, the return
to the writ, and the details under oath
which may be made by ways5f reply,
either party may demand a jury, and,
inasmuch as the proceeding is sum-
mary one, the jury provided for will
have to be summoned from among the
by-standers or citizens who are legal
jurors, and on the trial none but ques-
tions of fact are left to their determin-
alton. 1t is to be noted that while in
all trials, and in all civil cases deter
mined before Justices of the Peace,
J the jury may judge of and decide all
questions of law, as well as of fact, in
volved in their verdict, there is here no
such extension of the power of jury.
, All questions of law are to be deter
mined'by responsible public officer,
!, required to possess legal qualifications
J and trusted by the people to administer
f the law without fear or favor.
An appeal is also authorized by the
, person detained to the Circuit Court OF
the county in case he shall be remand.
ed by the Judge or Commissioner, al
hearing in vacation, upon his giving
satisfactory bail. 1t has been asked
, why an appeal has not been allowed to
!. the claimant. The opinions announced
) in the case of Prigg Us. Pennsylvania
/ perhaps give sufficient answer. The
: prosecution of such an appeal by the
Z owner of slave, in order to procure
) his rendition as afugitive, would be fol
$ the same purpose as he would have il
! he proceeded under the acts of Con
r gress, and the court has declared such
proceedings under State laws to be
7 void. The character and purpose o.
the proceedings will have been wholly
' changed from what this act contem
plates if an appeal by the master of q
t slave be allowed. He will not be :