New-York tribune., 1867-10-07
THE PHILADELPHIA HABEAs CORPUS CAsl
OPINION OF THE ATTORNEY GENERAL-THE
AUTHORITY OF THE COURT TO ISSUE TIE
IN

OPINION OF THE ATTORNEY GENERAL-THE
AUTHORITY OF THE COURT TO ISSUE THE
WRIT UPHELD
WASHINGTON, Oct. 6.-The following is an
abstract OF the opinion of the Attorney General IN the
matter OF the habeas corpus pending III the Court Oh
Quarter Sessions OF Philadelphia:
The opinion first rectes the facts of the case, from
which it appears that the 22d of September writ of
habeas corpus issued by Judge OF the court OF
Quarter Sessions OF Philadelphia to Commodore serdge'
commandant of the NavyYard at that city, for the pro-
ducon of the body Of Charles Gormley person alleged
to have been Illegally enlisted in the navy Under M
ridge refused 20 produce the body Gormley and made
return 10 the writ that Gormey was regularly enise9
perso and held TO service III the navy oi the Chteu
States according TO the rules and regulations OF the re-
cruiting service for enstng recruits by MS signing no
sbpping articles and the proper statement OF uecla
on reaured for recruits to take that the oath was
regularly administered by an officer authorized To adll,
hy the surgeon appointed for that purpose that under
the decision of the honorable Secretary OF the Na u rs
not nv duty To produce the body or said Goriey III
conr that said decnaton and denial OF the jurisdiction
Of your Honor matter OF official duty ana not rom
any dlsrespect or contempt OF your honorable court
non This return an order made by the Court on the
oath Of September 1867 that rule be entered upon eo
moJore Selfrdge TO show cause why an attachment
should not be against him for contempt OF court III
refusing to obey the writ of habeas corpus conahdng
him IN produce before the Court the body or the SAID
ormley This rule was made returnable sept rs but
has since been extended to Saturday the 6h OF octODe
The question submitted TO the Attorney General Is
stated 70 be- whether the Commodore should be Instructed
TO produce the body OF Gorney before the court OF 10
from the Court OF Quarter Sessions to enforce obedience
o the command the writ of habeas corpus or any pro
cess of attachment against himself under the RUE.
The Acknowledgement first considers the laws OF Pehil
syyana upon the subject OF habeas corpus from Which,
appears that the 1855 To the present ne the
laws of Pennsylvania have auhorizedthe writ IN acses
of Imprisonment restraint OF personal lDert eAccp
I'm cases of commitment for treason or felony Inc Ii
sal OF Judge court proper applicaloh 10 Rrant .o
writ Involves liability 10 suit In favor Oh Tue party as
greyed and recovery Of penalty OF A5Oo Inc rclss
of the officer other person to whom the writ y
o make the required by law, OF 10 Drng III lhe
body of the prisoner Involves such officer or ote person
i'm contempt OF the court issuing the wrlt ana iaoi
o fhe marty aggreved of 3O0 The Judge OF court on te
eturn 10 the writ and the production OF the Do ~ au
horized TO examine the facts relating 10 the case
and thereupon either to ball. remand, or discharge the
sessions of County OF Philadelphia or either
81 The iudgcs thereof After reviewing the Legislation Oh
the Attorney General says; 1t thus a
nears so far ms the laws Of Pennsylvania are conccec
hat this was case within the Jurisdiction OF inc Juuge
of tho Court OF Quarter Sessions who Issued ths VIII
thar his duty was imperative TO issue n That the produc
,on of the body required, and that the Judge as 10
he facts stated ia the RETURN Is not concluded by te re-
turn btsnay enter INTO an investigation OF It's ruth ana
OF the facts Of the ease . .,,..,o q, ,ho
legislation OF the United states upon the subject OF the
writ of nbcas corpus and the several acts OF lIS9 S
sia and 1863 are all set forth Upon review oI TINS iegis
lation The ground Is thus stated III VIII be observed
that neither Of these acts IN force nor any oer ac
of Congress which has come under my notice dechies
thai the Jurisdiction of the Court or the United states
shall be exclusive vi the jurisdiction VI The state courts