The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1864-02-10

nulled.
Act Of March 3, 1858, cited above, sec
zion 50sh.
Wardeny '. Bailey. Taunton sS, SO.
Dynss Y. Hoover, &c Howard, 81, 80,
B3.
Opinion OF Lords Mansfield and L,ugh>
borugh in tte case Of Johustons v. Sutton,
Term Rep SIS, $40, $50.
Nv, General Burnside had no authority 10
enlarge the Jurisdiction Of Military Con.
mission BY "0rders No 39" or otherwise.
DynCs '. Hoover, 20 Howard, 80, SO.
Case OF PrcclSma'ious, IL Reports, "A,
. rs, IS.
Bla. Com 2To, 27l. a.. l.
Bendall y. q. States IL Peters, GLE.
6i3.
Iiorno '. Ivy Side fin AL. .I.
Mos,sa '. Fsbrigas, Cowper. lel, ID.
d ITS. ~ a' 49, - <
johnson v Duncan, Martin, 53l.
V. This Court has authority to issue writ
Of eerio,ari ia the present case.
Constitution OF the Y. States, Art, III,
- sections, first and second.
The Act Of Ssptem Der 81 1889. "to estab
liSh the Judicial Courts OF the United
States" provides:
SEC. /. That all the beoremen toned
Courts OF the United States sh ,ll haze paw.
cr to issue writS oI scire acias, habeis cor
pus, and all other wits, not specially provi
Ged for by statute. which may bo necessary
Tor the eX 'rci Of their respsctivs jIrl.dic-
tons, and agree able to the principles and
usuageS Of law" Statutes al large, Vol. !,
,pp. 81, 80.
10 the case OF Burfotb, ex parte, 8 Cranch
4iS, the writ was allowed,
refer also TO the argument Of The Court
in these cases:
Marbury y. Madison, Cranch, 1877. ID.
IT'S l76
u s. y. Moore, 3 Cranch, $50.
Case OF Bolman and Swartwout, ex>
parte, Cranch, IS. 10. 100, lol.
McIntre Y. Hunter, Wheaton, 304,
305, Ib. 327, 32S, 329, $50. 10
337, $685. 339, $40. .r...
Cohens " the State OF Virginia s Wbea
ton, 2G4, 265. ID. $40, $50. ID.
894 .....
Case OF Ksarney ex parte, 7 Wheaton
SO, SO. h. AZ, 43.
Commissioners Of Knox 20. v kspin.
wall "a Howard, 376. ID 3S4 3S5.
In the case Of Meizger. ex parte, How
an, IT'S, the proceeding OF the District
Judge were not judicial in their Character.
See in this connecti n, U. 5. v. Fsrreila, :,
l3 Howard, 10. ID IS.
The dctum OF Mr.. Justice Nc Lean in
Me'zger'S case, Howard, 1872, is not sup
ported by the decisions formerly made, and
is ovcrrnIed, in effect. by the opinions Of a
majority Of the Judges in thv ea7e u kaine,
ex parie, Il Howard 1O3, .".
In the case OF Gordon, ex parte, Black,
SOB, there was no pretense that the Circuit
Court had exceeded its jurisdiction, but only
that it had erred in matters OF law.
Compare the case Of Chrlsty, ex parte,
Howard, 292, 293. Ib, 1922. a-a
The object OF a writ OF ceriiorar, in cases
OF summary conviction, is not merely to
correct errors committed by the inferior ri,
bunal, but to inquire whether or no that
tribunal has exceeded its jurisdiction.
Rex " Eaton, 2 Term Rep. So.
Rex Y. Morley, 2 Burrow, lo4o. Ib.
1O42.
Hence, on application for writ Of cers
tiorari, it matters not that the proceedings
Of the in e'ior tribunal are utterly void,
y & Starry Trustees Of I}ochest or, . Wen
dell, 564, SOS. ID. 567.
VI. Certiorarl is a writ Of right, er ds5it'
justici9 and not o T mere discretion.
1t cannot be taken away except by the
plain words OF a statute
Greenwelt v Burwill, / Saikeld, 144
Rexv Reeve, W. Blackstone, 23l -
Ib. 1888.
Rex Y. Morley, Burrow, 1,042.
Rexv Terret, Q Term Rep. 1855.
n IL d
! Rex '. HarInan, Andrews. 343 3t4.
Even clause excluding It, in statute
will not apply to cases 10 which the infer
ior,tribunal "acted wholly without jurisdic.
ton" Grose, j.. in Rex v. Justices OF the
West Riding Of Yorkshire, s Term Rep,
63l.
Smiths cass, l Ventris, 66. -.....-
Case Of Carbifs Bridge, l Salkeld, LAG
Cross v. Smith, Salkeld, l49.
Certiorari is as broad as writ OF habsas
! corpus.
Jackson '. Cooley. X, johnson, 1913.
Rexy Corporation OF Winchester, )
f Levuz, 49,. q ga 's'S Ssse ~~"
Nehuff IS case, Salkeld, 151.
| In like manner, if the inferior tribune
has no jurisdiction, the writ of prohibition
ia q writ Of right. ,. EH .-f s- ~.
Se,ieaut Morton's case, Siderfin, 65
I r Woodward VI, Bonithan, I Raymond, 3
/ Howe V, Napier, 4 Bqrrow, l,944. ID
1850.
BAG. Abr. 240. .... .. ..
4 Institutes. 80, 100. '@.' .*'
I. Prohibitions will be granted, even ate
Judgment, whenever it IS manifest -npon thu
lace Of the proceedings that the inferior tri
bunai has acted without jurisdiction.
Argyle v. Hunt, Strange, 1877. ~s
Blacqulers " Hawkins, 1 Douglas, 37e
Mor,on's case, Sldsrfin, IS
Worts Y. Clyston, Gro. JAG $50, Sol.
s Adriel MilPs case, l Skinner. 2s9.
Shotter v. Fried 2 Salked, 547.
Same case, 8 Mod. Rep. 284, and
Shower. 15S, l61. l72.
Symes v. Svmes, 2 Burrow, Sl3
Buggn v. Bennett, Burrow, 2035.
Gardner " Booth. 2 Salkeld, 548.
And see, in this connection, the case o
Watkins, ex parte, Peters, 56s. Ih
571, 572, 573. r1 7N H.
50, in eases oi summary conviction, wr
OF certiorari will be granted alter sentence
and because there in no other remedy. No
so, however, In aies upon Indictment; tor
Il in such a case, unless it be OF treason o
felony, the defendant can prosecute wri
. of srror--and, in any event, he must, need
have been tried according to the course Q
the common law. as. ~+ 5gg
4 ) Lord Kenyon, C. j.. in Rsx =. Inhabt-
ants OF Seton, 8 Term Rep 373.
Regina " Porter. SalkeId l49.
Nehlff's Case Salseld, 15l. -..
I-Is Greenwelt v. Burwell. .Salkeld. 144
!. Godfrey '. Llewllin,2 Salkeld, so.
VII. The proceedings Of the Militar
4 Commission having been returned to the Of