Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-02-15

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rsuBLIcANo lE.l

S,aeTiea in congress assembled, Tia
the several courts Of the United States
and the several justices and judges @
such courts, within their Tespeetiv
Jurisdiction, in addition to the authOritl
already conferred by law, shall hav'
power to grant writs OF habeas corpus il
all cases where any person may be re
strained of his or her liberty in violation
of the constitution or of any treaty o.
law Of the United States; and it shall bs
lawful for such person 50 restrained o
his or her liberty 10 apply to either o
said justices or Judges for a writ o.
habeas corpu which application shall
be in writing and verified by affidavit,
and shall set forth the facts concerning
the detention Of the party applying, il
whose custody he or she is detained, and
by virtue of what claim or authority,
if known; and the said justice or judge
to whom such applications shall be
made shall forthwith award a writ OF
habeas corpus, unless il SHALL appear
from the petition itself that the party is
not derived Of his or her liberty in con-
( ~travention Of the constitution or laws OF
the United States. Said writ shall be
directed to the person in whose custody
/ the party is detained, who shall make
return Of said writ and bring the party
before the Judge who granted the writ,
and certify the 7 cause OF the deten-
ton of such person within three days
I thereafter, unless such person be detained
beyond the distance of twenty miles,
! and if beyond the distance OF twenty
| miles and not above one hundred miles,
then within ten days, and If beyond the
distance Of one hundred miles, then
within twenty days. And upon the
return of the WTitof haoeas corpus a day
shall be set for the hearing OF the cause,
not exceeding five days thereafter, un-
less the party petitioning shall request a
longer time. The petitioner may deny
auy of the material facts set forth in the
return, or may allege any fact to show
that the detention is in contraVeution of
the constitution or laws of the United
States, which allegations or denials shall
be made on cath. The said return may
( be amended by leave of the court or
iudge before or after the same - sled -
.-, Iii suggestions made against &c,
that thereby the material fsots may be
aseertained. The said court or judge
shall proceed in a summary way to de-
termine the facts Of the case, by hearing
testimony and the arguments OF the par
ties interested and lf IL shall appear
that the petitioner is deprived of his or
her liberty in c~Ontravention OF the con-
stitutiOn or laws of the United States,
he or she shall forwith be discharged and
set at liberty. And If any person or per
sons to whom such writ of habeas corpus
may be directed sha | refuse to obey the
same, or shall neglect or refuse to make
return, OF shall make a false return
thereto. in addition to the remedies al
ready given by law, he or they shall be
deemed and taken 10 be guilty of a mis-
demeanor, and shall, on conviction be-
fore any court of competent jurisdiction,
be punished by fine not exceeding one
thousand dollars, and by Imprisonment
not exceeding one year, or by either, ac-
cording to the nature and aggrayatiOn
of the case. From the hAa decision
Of any Judge, justice, or court, in
ferior TO the circuit court, an appeal
NAV be taken to the circuit court Of the
United States for the district ia which
said cause is heard, aud from the judg-
meut of said circuit court to the supreme
court of the United States, on such
terms and under such regulations and
orders, as well fer the custody and APP
pearanoe Of the person alleged to be re-
strained Of his Or her liberty, as for
sending up to the appellate tribunal a
transcript Of the petition, writ OF haOeas
corpus. Ieturn thereto, and other pro-
ceedings, as may be prescribed by the
supreme court, or, in default OF such, as
the Judge hearing said cause may pre-
scribe and pending such proceedings or
appeal, and until final Judgment be rem
dered therein, and after final Judgment
of discharge in the same, any proceed
ing against such person so alleged to be
restrained of his OF her liberty in any
court, or BY or under the authority
Of any state, for any matter or thing so
heard and determined, or in process Of
being heard and determined, under and
by virtue Of such writ Of hsbeas corpus,
shall be deemed null and void.
SEC. .. Ind be Il further enacted, That
4 final judgment or decree in any suit in
the highest court Of a state in which a
decision in the suit could be had, where
IS drawn in question the validity Of a
treaty or statute Of, or an authority x
srcised under, the United States, and the
decision is against their validity, or
where is drawn in question the validity
a statute Of or an authority eXeT-
under any state, on the ground of
heir being repuguant to the constitu-
ion, treaties or laws OF the United
and the decision Is in favor of
ucA their validity, or where any title,
light, privilege or immunity IS claimed
the constitution, or any treaty or
of or commission held or author
ty exercised under the United States,
nd the decision is against the title,
light, privilege, or immunity specially
ct mp or claimed by either party
.nder such constitution, treaty,
tatute, commission, or authority, may
,e Te-examined and reversed or
.firmed in the supreme court Of
he United States, upon a writ of error,
he citation being signed by the chief
or judge, or chancellor Of the
curt rendering or passing the judgment
r decree complained OF, or by a justice
{ the supreme court of the United States, 1
the same manner, and under the same
and the writ shall have the {
anne effect, as il the Judgment or decree
omplained of had been rendered or [
assed in a court of the United States ;
nd the proceeding upon the reversal +,
hall also be the same, except that the 7
Ipreme court msy, at their discretion, 8
rOceed TO a final decision of the same
nd award execution, or remand the {
to an inferior court. This act shall I
OF apply to the case Of any person who
or may be held Esas custody of the 3
authorities OF the United States, {
IAF EEl WIN any hAAAaNtAN SAANAAaNF ~ I
18th having aided or abstted rebellion c
the government Of the United 4
tates prior to the passage Of this act.
Approved, February ), 1857. q
We notice that the Northern journals, t
! stating the substance Of this Infamous I
omit probably out o. sheer shame) !
n mention Of the concluding clause, 2
hich is its sting. We cannot conceive a
the motives that led the President to '
prove 1t. 5
Any person restrained Of his OF her I
Derty in violation OF the Constitution or ,
any treaty or law Of the United =
.ates may apply to u Court or Judge of
e United States for a writ Of Habeas v
and il the petition itself does 3
Il show that the party is not deprived .
his or her liberty in contravention of Il
e Constitution or laws, the Justice or a
Idge shall award the writ q
BUT-Uis act shah not apply to the a
sc Of any person held in military Gus el
ly, charged nth haring aided and st
jetfed rebellion against the Government n
the United States, prior to February W
/, 1867. OF
The petitioner upon the return Of the
lit, may allege any fact to show that N
e detention is in contraventiOn of the OF
institution or laws OF the United States: az
.UT,-This act shall not apply IA case OF
any person held IN military custody, II
Nth b0uiRg aided or allotted A
prior to February 5th, 1867. tn
Z it shall appear that the petitioner is
Of his or her liberty in contra N
ltion Of the Constitution or laws al
the United States, he or She shall W
be discharged and set at lib m
VI
act shall not apply IN case
any person held IA military custody
NTH having aided or allotted re- n,
ion, prior to February 9TH, 1867. in
rom the final decision of any Judge sa'
tice or Court, inferior to the Constitu- oe
an appeal shall be to the Circuit Is,
and thence to the Supreme Court 't.
he United States = dla
.UT,-This act shall not apply in case az
persou held i'm military custodv -,