New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-10-26
NEW-YORK. TUESDAY, OCTOBER 26, 1869.

ease where the detention was by order Of United States
The 81 s a s6bsrn o
OF New-York, upon writ OF habeas corpus ana inc
person 10 custody In this Court relief was denied
on the merits, but the jurisdiction was questioned
tal ground npon which jurisdiction in that be
affirmed and denied in this In Weiss case 10 How SOS
tence Of death, committed by the President into sen
tenee OF imprisonment for life He obtained writ OF
habeas corpus from the Circuit Court OF the Dsrlct OF
Columbia was brought before that court, and was re-
manded to custody He then sued out writ OF 1soeas
corpus court and his case was fny CONSIDERED
here. No objection seems TO have been taken III arRn
ment the Jurisdiction, though there as mere II was
petition for the writ was under the direction OF the
by whose order the prisoner was remanded Dnt by
however Mr. Justice Curtis again dissented. and the
point OF jurisdiction Mr. Justice Campbell coneurreu Win
him Tie other Judges, though they, except one were
OF opinion that the relief asked must be denied agreed III
maintaining Jurisdiction Of the court judge Curtis
who regarded the question as left undetermined In
Kaness case admitted that the jurisdiction was asserted
in h and stated the ground OF t nr" ha
had the prisoner before II and has remainder MN,
that decision and see whether it be erroneous not
Since this Judgment was pronounced the jurisdiction In
ero been questioned We have carefully considered the
argument against II made in this case and are satisfied
great leading intent OF the Constitution and the law
must be kept constantly In view upon the examination
TO the writ OF habeas corpus manifest II is that every
citizen may be protected by Judicial action from unlaw
provided that every Court OF the United states
should have power TO issue the writ The jurisdiction
thus given by law TO the Circuit and District Courts IN
original that given by the Constitution and the law to
this Court is appellate; given in general terms must
power Of the United States extends other than those
pressely excepted As limited by the act OF lS9 u dld
under sentences OF competent tribunals Dor to any prs
authority Of the United states or committed for trial be-
court OF the United States. required 10 be
been Sradnaly narrowed and the benefits Of the writ
have been extended: First, IN 1883 a u Statntee 6i
prisoners confined under authority whether state
or National for any done omitted pursuance Of
law Of the United States, or OF any order process OF
In ls42 Is u Statutes. $780, TO prisoners being subects
citizens OF foreign states IN custody under National or
authority for acts done or omitted by or under
color Of ore authority and alleged TO be valid under
the law Of nations And, finally in 1857 t u Statutes.
liberty S ~ in Violation Of the Constitution or Of any treaty
lay United States. This brief statement shows
Situations ms has tended to the widening. and
enlarging Of the habeas corpus jurisdiction OF the
courts and Judges Of the United States and thus ten.
dency except Ia instance has been constant
uniform, and 1t in the light Of II that we must de-
rermlne the true meaning OF the Constitution ana the
law In respect the appellate jurisdiction OF this Court
We not at liberty to except from u any cases not
plainly excepted by law. and We think 1t suiciety ap
pears from las been said that no exception 10 TINS
jurisdiction emoroco such case as that now before inc
Court the contrary the one OF those expressly
declared 10 be excepted from the genera grant Ol
Jurisdiction For II Is case OF ~ nnSorY - inc
United States IL seems 10 be necessary consequence
any case IL extends TO this IL is unimportant IN what
custody the prisoner may be- II IL IS CUSTODY 10 wnen
eo s Of the Un"d States. It is proper to add that
OF anything In any act OF Congress except
the OF 1863 which indicates any intention 10 withhold
appellate Jurisdiction in habeas corpus eases from this
Court ~ 10 abridge the Jurisdiction derived from the
agree that Congress may withhold or Abridge II;
for It is given subject TO exception and regulation
that the denial 10 this OF appellate jurisdiction IN
this class OF greatly weaken the ehaeaeY OF
MS aud seriously hinder the establishment OF that uni.
foruity In decisions upon questions OF personal rghs
which can only lie attained through appellate Jurisdc.
dicou exercised upon the decisions OF courts OF original
Jurisdiction In the particular class OF when ta bsi1re
the example, where the custody 10 whch the
prisoner Is that OF some authority other thah hal on ts
the rsnSnSS t M. may beIS
fact -wholy without remedy, unless be found the
appellate Jurisdiction Of this court These eonsldeTa-
tons forbid any constructions giving 10 doubtful words
effect Of Withholding or aDrdgnR TINS JutlsulcOn
They would strongly persuade against the denial OF the
ur sctIon even were tho reasons for affirming 1t less
cogeut than they We are obliged 70 hod therefore
United states has in the exercise OF It's urgi.
nal Jurisdiction caused prisoner to be brought
before IT, after nquiring into the cause OF deLen
lion rr,nanded him the custody from which be was
TAKEN this Court IN the exercise OF appellate ursde
ou may by the writ OF habeas corpus aided Dy tne VIII
Of o,rti0ra revise the decisions Of the Circuit Court
and be found unwarranted by law. relieve tho pms
oIer from the unlawful restraint TO which he has been
rluanled. This conclusion brings us 70 the inquiry
whether al section Of the act OF March "a 1895 taxes
away aects the appellate Jurisdiction oil TINS Court
under Constitution and the acts OF Congress prior TO
lsS7 Ne
opinion that Il But the point was not very
considered, and we have retNamned IL Wall, blo Inc
circumstances under which the act Of 1868 was passed
were peculiar ON tho 10th OF February, 1867,
Congress passed an act 10 which reference mas areay
been made extending the original Jurisdiction by habeas
curps OF tbs district and circuit courts aud OF the sew
era Judges Of these courts 10 all cases OF resahuebt
law Of The United states This authorized appeals
10 this Court from Judgments Of the circuit Court put
did repeal any previous act eoerring jurisdiction Dy
habeas corpus unless by implication Under this act one
McArdle, alleging unlawful restraint OK military FORCE
prttoed the Circuit Court for the southern Dstct OF
Miss ipp for the writ OF habeas corpus The wnt was
Issued arsurn was made and upon hearing the Court
decided that the restraint was lawful ana rcmandod n
this Court whion allowed and perfected morton
case was then argued at the bar and the argument hay
ing been concluded the 9th Of March, 1862 was taken
thus held and before the Court had time to consider the
decision proper To he made the repeating SCI nnaef con
carried through both Houses sent " the President.
turned with his objections, repassed by the
March within eighteen days after the conclusion OF the
argument The eject OF the act was to gust the Court OF
It's Jurisdiction OF the particular case then DeOre IL on
appeal and IL Is not to be douSteu une suen
was the effect Intended cbspct S Unusual Ts SSd
hardly be justified except upon some lnperlous pubic
eIigency IL was aonouess Wh1 h nv such an II
gency existed but IL not 10 be presumed mat an het
passed under circumstances was intended w nave
any further fleet than tina, plainly apparent from ts
terms. The words 0ithe repeating section NV
that no much OF the act aIprott rom f tba
Judgment Of tho Circuit Court TO the supreme Court OF
lion by said supreme Court appeals which have bern
or may be hereafter taken, be ana Inc saue hereuy
repeaied." These words are not OF doubtful Inter
probation. They repeal only 50 much OF tho act
~ 1891 an ppoa or the exercise OF appellate
ur.dction Dy the Court They affected only appeals
aud appellate Jurisdiction authorized by that act They
do not purort TO touch the appellate jurisdiction con
fered by the Constellation, by excepting from u any
eases not excepted by o act Of l9 They reaeh no ACT
except the act Of 1851 It has been suggested however
the of 1850 IL provided for tho issuing OF
wits of hsbeas corpus Of this Coart was already re-
peaed by the net 81 1851 We have already observed tina!
there ara repeabg words In that act. III ~ repeneu
the act Of 1853 did by implication and any lmPiea
lion which would give ths effect upon the eet Oh Icy