"Habeas corpus" Quotes from Famous Books
 ... regulation of printing which was passed immediately after the Restoration expired finally in 1679 and the temper of the present Parliament at once put an end to any attempt at re-establishing the censorship. To the new freedom of the press the Habeas Corpus Act added new security for the personal freedom of every Englishman. Against arbitrary imprisonment provision had been made in the earliest ages by a famous clause in the Great Charter. No free ...
— History of the English People, Volume VI (of 8) - Puritan England, 1642-1660; The Revolution, 1660-1683 • John Richard Green
... and the people and states of the territory, to be forever unalterable, save by the consent of both parties. The first guaranteed complete freedom of worship and religious belief to all peaceable and orderly persons. The second provided for trial by jury, the writ of habeas corpus, the privileges of the common law, and the right of proportional legislative representation. The third enjoined that faith should be kept with the Indians, and provided that "schools and the means ...
— The Winning of the West, Volume Three - The Founding of the Trans-Alleghany Commonwealths, 1784-1790 • Theodore Roosevelt
... enforcement of law by arbitrary and exceptional methods which tend to diminish the securities for freedom possessed by ordinary citizens. Thus the suspension of the Habeas Corpus Act, the abolition of trial by jury, the introduction of peculiar rules of evidence to facilitate convictions for a particular class of crimes, a suspension (speaking generally) of what would be called in foreign countries ...
— England's Case Against Home Rule • Albert Venn Dicey
... must think I'm a writ of habeas corpus. I want to know who was the gent that most likely tipped ...
— Torchy • Sewell Ford
... better known as Mr. Justice HAWKINS, like his brother judge, Mr. Justice GILBERT PARKER, combines a profound knowledge of law with a fine literary gift. His well-known treatise on Habeas Corpus, entitled The Prisoner of Zenda, will be familiar ...
— Punch, or the London Charivari, Vol. 156, Apr 2, 1919 • Various
... of the assizes soon came, and I was removed by habeas corpus to Oxford, where I expected certain conviction and condemnation; but, to my great surprize, none appeared against me, and I was, at the end of the sessions, discharged for want of prosecution. In short, my chum had left Oxford, and whether from indolence, or ...
— The History of Tom Jones, a foundling • Henry Fielding
... however, to see this item in the evening paper and at once realised what it meant. He instantly telephoned to the proper authorities at a town halfway between San Francisco and the kidnappers' destination; the train was stopped, and the kidnapped man brought before a judge on a warrant of Habeas Corpus, and promptly released. No doubt mere publicity can occasionally serve the evildoers equally well, but here, at any rate, is an instance of its utility which may be regarded as proof of the advantage of collecting and transmitting news even of ...
— The Adventure of Living • John St. Loe Strachey
... will,—all these were established, not without memorable efforts and memorable sufferings, in the land from which the fathers of your republic came. You are living under the Great Charter, the Petition of Eight, the Habeas Corpus Act, the Libel Act. Perhaps you have not even yet taken from us all that, if a kindly feeling continues between us, you may find it desirable to take. England by her eight centuries of constitutional progress has done a great work ...
— The Atlantic Monthly, Volume 14, No. 86, December, 1864 • Various
... report.[17] Bridgeman doubtless knew of his predecessor's success in exposing fraudulent accusations. Before the bishop was ready to report, His Majesty sent orders that three or four of the accused should be brought up to London by a writ of habeas corpus. Owing to a neglect to insert definite names, there was a delay.[18] It was during this interval, probably, that Bishop Bridgeman was able to make his examination. He found three of the seven already dead and one ...
— A History of Witchcraft in England from 1558 to 1718 • Wallace Notestein
... constitution, pandect[obs3], charter, enactment, statute, rule; canon &c. (precept) 697; ordinance, institution, regulation; bylaw, byelaw; decree &c. (order) 741; ordonnance[obs3]; standing order; plebiscite &c. (choice) 609. legal process; form, formula, formality; rite, arm of the law; habeas corpus; fieri facias[Lat]. [Science of law] jurisprudence, nomology[obs3]; legislation, codification. equity, common law; lex[Lat], lex nonscripta[Lat][obs3]; law of nations, droit des gens[Fr], international law, jus gentium[Lat]; ...
— Roget's Thesaurus
... the government suspends civil law. In that day when you speak of rising in your strength, your strength would be turned against yourself. Into the militia you would go, willy-nilly. Habeas corpus, I heard some one mutter just now. Instead of habeas corpus you would get post mortems. If you refused to go into the militia, or to obey after you were in, you would be tried by drumhead court martial and shot down like dogs. It is ...
— The Iron Heel • Jack London
... in the state of aliens, and have made no approaches towards assimilation, some seem necessary to be retained, because the purchasers of the Dictionary will expect to find them. Such are many words in the common law, as capias, habeas corpus, praemunire, nisi prius: such are some terms of controversial divinity, as hypostasis; and of physick, as the names of diseases; and, in general, all terms which can be found in books not written professedly upon ...
— The Works of Samuel Johnson in Nine Volumes - Volume V: Miscellaneous Pieces • Samuel Johnson
... himself to be an instrument for the moment of despotic power as opposed to civil rights, and he won't stand what he calls "jaw." Trip up a policeman in such a scramble, and he will take it in good spirit; but mention the words "Habeas Corpus," and he'll lock you up if he can. As a rule, his instincts are right; for the man who talks about "Habeas Corpus" in a political crowd will generally do more harm than can be effected by the tripping up of any constable. But ...
— Phineas Finn - The Irish Member • Anthony Trollope
... General Wool to one side, and we three drew together. Johnson said: "General Wool, General Sherman is very particular, and wants to know exactly what you propose to do." Wool answered: "I understand, Governor, that in the first place a writ of Habeas corpus will be issued commanding the jailers of the Vigilance Committee to produce the body of some one of the prisoners held by them (which, of course, will be refused); that you then issue your proclamation commanding them to disperse, and, failing this, ...
— The Memoirs of General W. T. Sherman, Complete • William T. Sherman
... Sabbath-breaking by plowing on Sunday. He appealed to the Supreme Court, and the sentence was affirmed. Then the Adventists and the National Secular Association took up the case. Hon. Don M. Dickinson was engaged as counsel, and the case was taken to the Federal Court last November on a writ of habeas corpus, the contention being that the conviction was contrary to the bill of rights of Tennessee and the Constitution of the United States, and that the defendant was held prisoner by the sheriff without due process of law. The ...
— The Arena - Volume 4, No. 23, October, 1891 • Various
... were injured. This was followed in February by the great Green Bag Inquiry, when Lord Sidmouth laid before Parliament a green bag full of reports concerning seditions. Bills were introduced to suspend the habeas corpus act and to provide for the coercion of public meetings. Seditious publications were likewise to be suppressed. In March occurred the rising of the so-called Blanketers in Manchester—dissatisfied workingmen who started in a body for London carrying blanket rolls and other necessaries. Their ...
— A History of the Nineteenth Century, Year by Year - Volume Two (of Three) • Edwin Emerson
... among the population, caused by an infamous and needless war? Despotism, Mr. Linwood; despotism in this free country is the remedy! In one week more, sir, Ministers will bring in a Bill for suspending the Habeas Corpus Act!" ...
— Little Novels • Wilkie Collins
... suppose," said the lawyer's assistant, looking wise. "State your case, and I may be able to assist you. Is it a case of trespass, or do you wish to obtain a habeas corpus, or a ...
— Sam's Chance - And How He Improved It • Horatio Alger
... let one word be said against the arguments of those well-meaning and patriotic men who attempt to prove that certain acts of the Government have been injudicious and unwise—such, for example, as the suspension of the habeas corpus, the alleged illegal arrests, and the emancipation policy. It is not the purpose of this paper to enter into additional argument to sustain this opinion or to disprove it. But in justice to the Government—simply ...
— Continental Monthly, Vol. III, No IV, April 1863 - Devoted to Literature and National Policy • Various
... excludes proceedings commenced by petition, such as divorce suits and bankruptcy and winding-up matters, as well as criminal proceedings in the High Court or applications for the issue of the writs of mandamus, prohibition, habeas corpus or certiorari. The Judicature Acts and Rules have had the effect of abolishing all the forms of "action'' used at the common law and of creating one common form of legal proceeding for all ordinary ...
— Project Gutenberg Encyclopedia
... the prisoner. "Locking me up with these felons—these common convicts! I demand counsel; I'm going to have a writ of habeas corpus! When I get out of here I'm going to go to the governor of your damned State and complain of this. All Connecticut shall know of it! All America shall hear of it! To be locked up with one safe-blower is enough, and now you've stuck ...
— The Madness of May • Meredith Nicholson
... District Court imprisoning and fining me for alleged contempt of court; also Order expelling Messrs. Goodwin and Mulford and myself from the Bar; and Order imprisoning and fining Judge Haun for releasing me from imprisonment upon a writ of habeas corpus, and directing that the order to ...
— Personal Reminiscences of Early Days in California with Other Sketches; To Which Is Added the Story of His Attempted Assassination by a Former Associate on the Supreme Bench of the State • Stephen Field; George C. Gorham
... then if they don't obey they kill them—just as many as they have to kill to make them obey. An' don't you do the same with the poor people? Ain't I seen you do it, every time there was a strike? Ask Colonel Nye there! Didn't he say: 'To hell with habeas corpus—we'll give ...
— Jimmie Higgins • Upton Sinclair
... him was to adjourn the investigation into the Criminal Court then in session, in order to have the action of that Court. After some little discussion this request was refused. Our next effort was to have General Thomas committed to prison, in order that we might apply to that Court for a habeas corpus, and upon his being remanded by that Court; if that should be done, we might follow up the application by one to the Supreme Court of the United States. * * * The Chief Justice having indicated an intention to postpone ...
— History of the Impeachment of Andrew Johnson, • Edumud G. Ross
... wished to teaze me a little. The truth is, I have two fine singing canaries and a mocking-bird. Some of my pro-slavery friends delight to pester me about them. They say that they mean to issue a habeas corpus, and take them before Justice Bird, (who, you know, queerly enough, happens to be United States Commissioner,) and inquire if they be not restrained of their freedom. I tell them that man has dominion over all the fowls of the air. But they say, "Then might ...
— The Sable Cloud - A Southern Tale With Northern Comments (1861) • Nehemiah Adams
... burning grievances of Germany to-day. In its application it resembles what we used to read about Russian police. It has created a condition beneath the surface in Germany resembling the terrorism of the French Revolution. In the absence of a Habeas Corpus Act, the victim lies in gaol indefinitely, while the police are, nominally, collecting the evidence against him. One cannot move about very long without coming across instances of this growing form of tyranny, but I will merely ...
— The Land of Deepening Shadow - Germany-at-War • D. Thomas Curtin
... they would. The young Pretender had published a declaration, threatening to confiscate the estates of the Scotch that should come to Parliament, and making it treason for the English. The only points that have been before the House, the address and the suspension of the Habeas Corpus, met with obstructions from the Jacobites. By this we may expect what spirit they will show hereafter. With all this, I am far from thinking that they are so confident and sanguine as their friends at Rome. I blame the Chutes extremely for cockading themselves: why take a part, when they ...
— Letters of Horace Walpole - Volume I • Horace Walpole
... now follow, enumerating the powers denied to Congress. What prohibition was made concerning the slave trade? Writ of habeas corpus? Bill of attainder? Ex-post-facto law? Direct tax? Exports from any state? Trade between the United States? Payments from the Treasury? Titles of nobility? United States office-holder receiving presents from a foreign power? (Notes.—The ...
— A Brief History of the United States • Barnes & Co.
... "have been taken up and secured, and endeavors are used for the apprehending others." When the speech was read, and the King had left the House, the Duke of Grafton, then Lord-lieutenant of Ireland, brought in a bill for suspending the Habeas Corpus Act, and empowering the Government to secure and detain "such persons as his Majesty shall suspect are conspiring against his person and government, for the space of one year." The motion to read the Bill a second time in the same sitting was ...
— A History of the Four Georges, Volume I (of 4) • Justin McCarthy
... Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may ...
— Democracy In America, Volume 2 (of 2) • Alexis de Tocqueville
... bill for the suspension of the habeas corpus, I regret to say, was likewise lost by a very trifling majority. A strong sentiment now prevails that war is not likely to occur with the United States, which, I believe, tended to influence the votes of the members; I mean of such who, though honest, are ...
— The Life and Correspondence of Sir Isaac Brock • Ferdinand Brock Tupper
... Sage I What do you mean?" cried Mr. Llewellyn John, with visions of the Habeas Corpus Act and possible questions in the House, which ...
— Malcolm Sage, Detective • Herbert George Jenkins
... foundation which can not be shaken, while personal liberty is placed beyond hazard or jeopardy. The guaranty of religious freedom, of the freedom of the press, of the liberty of speech, of the trial by jury, of the habeas corpus, and of the domestic institutions of each of the States, leaving the private citizen in the full exercise of the high and ennobling attributes of his nature and to each State the privilege (which can only be judiciously exerted by itself) of consulting the means best calculated to advance ...
— A Compilation of the Messages and Papers of the Presidents: Tyler - Section 2 (of 3) of Volume 4: John Tyler • Compiled by James D. Richardson
... hearts, and who take care to enjoy it too, took special care not to part with any of the great principles and laws which they derived from their forefathers. They took special care to speak with reverence of, and to preserve Magna Charta, the Bill of Rights, the Habeas Corpus, and not only all the body of the Common Law of England, but most of the rules of our courts, and all our form of jurisprudence. Indeed it is the greatest glory of England that she has thus supplied with sound principles ...
— Political Pamphlets • George Saintsbury
... loyal town to associate with Redgauntlet; and for me it would be NOSCITUR A SOCIO. There would be post to London, with the tidings that two such Jacobites as Redgauntlet and I had met on a braeside—the Habeas Corpus would be suspended—Fame would sound a charge from Carlisle to the Land's End—and who knows but the very wind of the rumour might blow my estate from between my fingers, and my body over Errickstane-brae again? No, no; bide a gliff—I will go into the provost's closet, and write a letter ...
— Redgauntlet • Sir Walter Scott
... means, no.... But that won't stop them. Yesterday Chief Justice Terry of the Supreme Court issued a habeas corpus writ for Billy Mulligan, Harrison came ...
— Port O' Gold • Louis John Stellman
... of this was traced to a circumstance which is conspicuous among the many remarkable incidents by which Bonaparte's arrival near the English coast was characterised. A rumour reached Lord Keith that a 'habeas corpus' had been procured with a view of delivering Napoleon from the custody he was then in. This, however, turned out to be a subpoena for Bonaparte as a witness at a trial in the Court of King's Bench; and, ...
— Memoirs of Napoleon Bonaparte, Complete • Louis Antoine Fauvelet de Bourrienne
... is an Anglo-Saxon blood, a vigorous sense of justice, as appears in our Habeas Corpus, our jury trials, and other features of State organization, and, when this is tempered in individuals, with the elements of gentleness and compassion, and enforced by that energy and indomitable perseverance which are characteristic of the Anglo-Saxon mind, they form a style ...
— Autographs for Freedom, Volume 2 (of 2) (1854) • Various
... governments have a power of suspending the habeas corpus act in those cases, it was said, there could be no reason for giving such a power to the general government; since, whenever the State which is invaded, or in which an insurrection takes place, finds its safety requires it, it will make use of that power. And it was ...
— The Anti-Slavery Examiner, Omnibus • American Anti-Slavery Society
... writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public ...
— Key-Notes of American Liberty • Various
... conversion, but that the remedy was by civil process. One lawyer said it was an outrage, and Charlie Bramel said that if Johnson would put up $50 he would agree to jerk him out of the jug on a writ of habeas corpus before dinner. ...
— Nye and Riley's Wit and Humor (Poems and Yarns) • Bill Nye
... the last twenty years. Never before has it been so easy to slip small Bills through Parliament for the purpose of locking people up. Never was it so easy to silence awkward questions, or to protect high-placed officials. Two hundred years ago we turned out the Stuarts rather than endanger the Habeas Corpus Act. Two years ago we abolished the Habeas Corpus Act rather than turn out the Home Secretary. We passed a law (which is now in force) that an Englishman's punishment shall not depend upon judge and jury, but ...
— A Miscellany of Men • G. K. Chesterton
... take them out of the custody of Superintendent Whittaker immediately. We decided to take the only course open-to obtain a writ of habeas corpus. A hurried journey by counsel to United States District Judge Waddill of Norfolk, Virginia, brought the writ. It compelled the government to bring the prisoners into court and show cause why they should not be returned ...
— Jailed for Freedom • Doris Stevens
... November, 1852. It appeared that they had been brought to New York by their owner, with a view of taking them to Texas, as his slaves. Mr. Louis Napoleon, a respectable colored man, of New York, procured a writ of habeas corpus, under which they were brought before the court. Their liberation was called for, under the State Law, not being fugitives, but brought into a free State by their owner. Said owner appeared, with Henry D. Lapaugh as his counsel, aided by Mr. Clinton. At their urgent request, the case was postponed ...
— The Fugitive Slave Law and Its Victims - Anti-Slavery Tracts No. 18 • American Anti-Slavery Society
... Habeas Corpus," he considered with eyes that tried to remain severely impartial, "by a Wife's Lover, who wants to find out where she is.... It's unusual. You will be requiring the husband to produce her Corpus.... I don't think—speaking ...
— The Passionate Friends • Herbert George Wells
... case, two ladies, mother and daughter, some time prior to 1860 came from an eastern county of New York to Rochester, where a habeas corpus was obtained for a child of the daughter, less than two years of age. It appeared on the return of the writ, that the mother of the child had been previously abandoned by her husband, who had gone to a western state ...
— An Account of the Proceedings on the Trial of Susan B. Anthony • Anonymous
... have operated upon five cases and have cured five cases. After awhile we will break down this great wall of prejudice, and insane people will be ordered out for this operation. At present when habeas corpus proceedings are all that will obtain the release, and gland transplantation is the object, not much of a chance exists. I am going to mention one of our very interesting cases, as the man lives only about 15 or 20 miles from me in Dickinson County, Kansas. His name ...
— The Goat-gland Transplantation • Sydney B. Flower
... Mortmain; The Law Merchant; Origin of Habeas Corpus; Early Police Regulation; Opposition to Customs Duties; Interpretation of the Great Charter; Statute Against Chancery Jurisdiction; Early Tariffs on Wool; The English Language Replaces French; Freedom of Trade at Sea; Laws of the Staple; Early ...
— Popular Law-making • Frederic Jesup Stimson
... an index of the popular feeling. The essential fact is that there might be Seventeen or Seventy Thousand thus imprisoned without publicity, known accusation or trial, save at the convenience of those ordering their arrest; and with no recognized right of the arrested to Habeas Corpus or any kindred process. Many of the best Romans of the age are in exile for Liberty's sake. I was reliably informed at Turin that there are at this time Three Hundred Thousand Political Refugees in the ...
— Glances at Europe - In a Series of Letters from Great Britain, France, Italy, - Switzerland, &c. During the Summer of 1851. • Horace Greeley
... and against State, and against the Aristocracy, and Habeas Corpus, and against Physic, and against Standing Armies, and Magna Charta, and every other rascally tyranny and oppression to which we are subjected, that I will!" Here Tom gave such a thump with the pestle, that I thought he would have split ...
— Poor Jack • Frederick Marryat
... the British government can be seen in an unpublished manuscript of 1908-09 titled "Sekgoma — the Black Dreyfus". In this booklet he castigated the British for denying legal rights (specifically habeas corpus) to their African ...
— Native Life in South Africa, Before and Since • Solomon Tshekisho Plaatje
... laws grown weak and impotent, the barons at Runnymede wrested Magna Charta from King John; in defiance of statute laws grown weak and impotent, the free men of England wrested their Habeas Corpus Act from King Charles; in defiance of statute laws grown weak and impotent, the colonists of America wrested a ...
— The Law of the Land • Emerson Hough
... is by a writ of Habeas Corpus? and, if so, whether it is necessary that the father should be joined in the proceedings or his leave obtained to prosecute ...
— Ginx's Baby • Edward Jenkins
... habeas corpus act was suspended for eight months, and Governor Bowdoin called out an army of 4,400 men, who were placed under command of General Lincoln. As the state treasury was nearly empty, some wealthy gentlemen in ...
— The Critical Period of American History • John Fiske
... country in some parts was so disturbed, so closely on the brink of insurrection, that ministers found themselves obliged twice during the course of the year to resort to the almost unprecedented measure of suspending the Habeas Corpus Act, on the first occasion at the end of February, and on the ...
— English Caricaturists and Graphic Humourists of the Nineteenth Century. - How they Illustrated and Interpreted their Times. • Graham Everitt
... specially indignant at the abolition of special pleading. He sent word to me, when I was Chairman of the Judiciary Committee in the Massachusetts Senate, asking to have a provision enacted for simplifying the process of bringing before the full Bench for revision the proceedings in habeas corpus, or mandamus, or certiorari, or some other special writ, I forget now what. I called upon him at once, and pointed out to him that exactly what he wanted was accomplished by the Practice Act of 1852. This was the statute under which all our legal proceedings in cases affecting personal ...
— Autobiography of Seventy Years, Vol. 1-2 • George Hoar
... become States. Least sufferable, a fugitive slave law was passed, so Draconian that that of 1793, hitherto in force, was benign in comparison. It placed the entire power of the general Government at the slave-hunter's disposal, and ordered rendition without trial or grant of habeas corpus, on a certificate to be had by simple affidavit. Bystanders, if bidden, were obliged to help marshals, and tremendous penalties ...
— History of the United States, Volume 3 (of 6) • E. Benjamin Andrews
... opening of the contest in 1860 and 1860. Yet in 1866 General Thomas advised the committee that it would "not be safe to remove the national troops from Tennessee, or to withdraw martial law; or to restore the writ of habeas corpus to its full extent." At that time the peace of eastern Tennessee was disturbed by family feuds and personal quarrels, the outcome of political differences. In west Tennessee and in portions of middle Tennessee there was a deep seated ...
— Reminiscences of Sixty Years in Public Affairs, Vol. 2 • George S. Boutwell
... not abridge the liberties of: the press or the people! [Footnote: The suspension of the Habeas Corpus Act, 1863, was sorely against the President's sentiments, fond of liberty himself and fixed on constitutional rule—but he bowed to the inevitable. Nevertheless, he softened the rod, and many imprisoned under the edict were never brought to trial.] But ...
— The Lincoln Story Book • Henry L. Williams
... another occasion, was arguing for the habeas corpus suspension bill in Ireland: "It would surely be better, Mr. Speaker," said he, "to give up not only a part, but, if necessary, even the whole, of our ...
— The Book of Anecdotes and Budget of Fun; • Various
... which democracy would think of drawing special weapons. Our fathers, as it were, codified English ideas and practices, because they knew them well, and knew them to be good. The two legislative chambers, the privilege of the writ of habeas corpus, the good-behavior tenure of judges, and generally the modes of procedure, were taken from England; and they are not of democratic origin, while they are due to the action of aristocrats. The English Habeas-Corpus Act has been well described as "the most stringent ...
— Atlantic Monthly, Volume 14, No. 84, October, 1864 - A Magazine Of Literature, Art, And Politics • Various
... legislatures of the States, Congress cannot constitutionally pass ex post facto laws in criminal cases, nor suspend the writ of habeas corpus, nor pass a bill of attainder, nor abridge the freedom of speech and of the press, nor invade the right of the people to be secure in their persons, houses, papers, and effects, nor enact laws respecting an establishment of religion. These are general limitations. Congress cannot do these things ...
— The Anti-Slavery Examiner, Omnibus • American Anti-Slavery Society
... expanding, descending, been the glory and the strength of England? Were Magna Charta and the Habeas Corpus Act, Hampden's resistance to ship-money, and the calm, righteous might of 1688—were they all futilities and fallacies? Ever downwards, for seven hundred years, welling from the heaven-watered mountain peaks of wisdom, had spread the stream of liberty. The nobles had gained their ...
— Alton Locke, Tailor And Poet • Rev. Charles Kingsley et al
... right to vote by habeas corpus naturalization purchase 31 32 "The Legend of Sleepy Hollow" tells about Ichabod Crane Hiawatha Pinocchio 32 33 Robert E. Lee surrendered to Grant Sheridan Sherman 33 34 New York was settled by the Dutch English French ...
— Stanford Achievement Test, Ed. 1922 - Advanced Examination, Form A, for Grades 4-8 • Truman L. Kelley
... Commissioner, in which the question was argued at length. In order to prevent the delivery of Sims, a complaint was instituted for assault and battery with intent to kill the officer who arrested him. Chief Justice Shaw, of the Supreme Court, however, decided that a writ of habeas corpus could not be granted, and the United States Commissioner having, from the evidence adduced, remanded Sims to the keeping of his claimant, authority was given to take him back to Savannah. As an assault ...
— The International Monthly, Volume 3, No. 2, May, 1851 • Various
... to Governor Seymour, and to the meeting in Ohio, are among the most interesting productions of Mr. Lincoln. He doubted the legality of the arrest. He quoted the provision of the constitution that the privilege of the writ of habeas corpus "should not be suspended unless, in cases of invasion or rebellion, the public safety may require it." He had suspended the privileges of that writ upon the happening of contingencies stated in the constitution and, therefore, the commanding officer was ...
— Recollections of Forty Years in the House, Senate and Cabinet - An Autobiography. • John Sherman
... unseemly way the Negro was ordered delivered over to Rust, who was really agent for one George H. Moore, of Louisville. The brutality of the whole proceeding stirred up deep interest in Buffalo and on a writ of habeas corpus the fugitive was brought before Judge Conkling of the United States Court at Auburn and released. Before there could be further steps taken to hold the Negro he was hurried into Canada, where he remained. He was in attendance at the large Negro Convention held in Toronto ...
— The Journal of Negro History, Volume 5, 1920 • Various
... of the sheriff, and returned to his home in Middlesex. But he was soon recaptured, and conveyed to Northampton. Here, despite all the efforts of his friends and his own violent protests, he was kept in confinement for months. In the fall he applied for a writ of habeas corpus, but this was denied him under the pretext that the whole matter had been referred to the King, and was no longer within the jurisdiction of the Deputy-Governor and Council.[935] Since, however, all fear of a rebellion was now passed, he was permitted, upon giving bail ...
— Virginia under the Stuarts 1607-1688 • Thomas J. Wertenbaker
... story doth diffuse; From 'Paradise Lost' we get our view Of Adam and Eve and Satan too. The Reverend Titus Oates, a scamp, Egregious Popish plots did vamp, Lied roundly for dishonest gains, Got Cat-o'-nine-tails for his pains. Habeas Corpus The 'Habeas Corpus' best of laws 1679 Shields us from prison without cause; 'Twas passed in sixteen-seventy-nine, And means 'Produce him here,' in fine. Van Tromp Admiral Van Tromp, Dutchman bold, With broom at masthead, so 'tis told, The Channel sailed, suggesting he's Swept all the English ...
— A Humorous History of England • C. Harrison
... municipal courts, appellate jurisdiction to the supreme tribunal, in which the judges were appointed by the sovereign. The liberty of the citizen against arbitrary imprisonment was amply provided for. The 'jus de non evocando', the habeas corpus of Holland, ...
— The Rise of the Dutch Republic, 1555-1566 • John Lothrop Motley
... 1774. What Ideas his Lordship has of the Consistency of the Quebec Act with constitutional Principles, which deprives the Subjects in Canada of those darling Privileges of the British Constitution, JURORS and the HABEAS CORPUS Act, and in all Crown Causes, consigns them over to Laws made without their Consent in person or by their Representatives, perhaps by a Governor & Council dependent upon the Crown for their Places & Support, & to be tryed by Judges equally dependent, ...
— The Writings of Samuel Adams, vol. III. • Samuel Adams
... the writ of habeas corpus can only be suspended by the legislature, in these labor disturbances the executive has in fact suspended or disregarded the writ. . . . In cases arising from labor agitations, the judiciary has ...
— Proposed Roads To Freedom • Bertrand Russell
... has refused. He next tried to get possession of their children, in order to coerce her through her affection for them; but she suspected his design and frustrated it by removing the children to a place of secrecy. All this Walsh told me this morning in the court, where he had come to get the habeas corpus served upon the woman ordering her to produce the children in court. It will be granted, of course, and he will sue for the possession of the children, and his wife will contest the suit; she will contest it in vain, of course, for the law always gives the father possession ...
— Ishmael - In the Depths • Mrs. E. D. E. N. Southworth
... writ of habeas corpus and a stay of proceedings from some federal judge on the ground that his client is confined without due process ...
— Courts and Criminals • Arthur Train
... knight called aloud for the jailor, and demanded to see a copy of his commitment, that he might know the cause of his imprisonment, and offer bail; or, in case that he should be refused, move for a writ of Habeas Corpus. The jailor told him the copy of the writ should be forthcoming. But after he had waited some time, and repeated the demand before witnesses, it was not yet produced. Mr. Clarke then, in a solemn tone, gave the jailor ...
— The Adventures of Sir Launcelot Greaves • Tobias Smollett
... politicians who were content to "play politics" in the most unscrupulous fashion. Both the Secretary of War and the Secretary of State had authorized arbitrary arrests. Men in New York and New England had been thrown into prison. The privilege of the writ of habeas corpus had been denied them on the mere belief of the government that they were conspiring with its enemies. Because of these arrests, sharp criticism was being aimed at the Administration ...
— Lincoln • Nathaniel Wright Stephenson
... day, to inform the Secretary that the negroes were not holden under the order of the Circuit Court, but of the District Court. And he says, 'Should the pretended friends of the negroes'—the pretended friends!—'obtain a writ of Habeas Corpus, the Marshal could not justify under that warrant.' And he says, 'the Marshal wishes me to inquire'—a most amiable and benevolent inquiry—'whether in the event of a decree requiring him to release the negroes, or in case of an appeal by the ...
— A Visit To The United States In 1841 • Joseph Sturge
... shown how powerful an instrument of authority the Jacksonian revolution had created in the popular elective Presidency. Perhaps no single man ever exercised so much direct personal power as did Abraham Lincoln during those four years of Civil War. The Habeas Corpus Act was suspended by executive decree, and those whose action was thought a hindrance to military success were arrested in shoals by the orders of Stanton, the new energetic War Secretary, a Jacksonian Democrat whom Lincoln had put in the place of an ...
— A History of the United States • Cecil Chesterton
... question related to the writ of habeas corpus. The Maryland legislature was to meet on April 26, 1861, and was expected to guide the State in the direction of secession. Many influential men urged the President to arrest the members before they could do this. He, however, conceived such an interference ...
— Abraham Lincoln, Vol. I. • John T. Morse
... in 1853. A slave catcher from Missouri recognized him in Canada in 1860 and had him arrested. The case was fought out in the courts, twice going against the Negro and then being appealed to the English Court of Queen's Bench, which granted a writ of habeas corpus. Anderson was defended by Gerrit Smith and the case attracted great attention throughout Canada. The executive of the Canadian Anti-Slavery Society kept the case well under observation and made its ...
— The Journal of Negro History, Volume 4, 1919 • Various
... 1882.—Still graver were the lessons of the first four months of this year. Mr. Forster went on filling the prisons of Ireland with persons whom he arrested under the Habeas Corpus Suspension Act, and never brought to trial. But the country grew no more quiet. At last he had nine hundred and forty men under lock and key, many of them not "village ruffians," whose power a few weeks' detention was to break, but political offenders, and ...
— Handbook of Home Rule (1887) • W. E. Gladstone et al.
... could not claim exemption. But this made no difference either to him or to Walker. Captain Payne, the gentleman whose presence enraged these boors, was seized and thrown into gaol. The chief justice granted a writ of habeas corpus. But the mischief was done and resentment waxed high. The French-Canadian seigneurs sympathized with Payne, which added fuel to the magisterial flame; and Murray, scenting danger, summoned the ...
— The Father of British Canada: A Chronicle of Carleton • William Wood
... side, and even now I am afraid I shall have to take the case before the Orphans' Court before I can convince him. He purposes removing Clara to-morrow morning. I will endeavor to see the Judge of the Orphans' Court to-night, take out a habeas corpus, ordering Le Noir to bring his ward into court, and serve it on him as he passes through Staunton on his ...
— Capitola the Madcap • Emma D. E. N. Southworth
... superseded the governments of the ten unreconstructed States, divided their territory into five military districts, placed their commanders under the orders, not of the President, but of the general of the army, and suspended the habeas corpus. It was military rule in its barest form, and for an indefinite period. Blaine moved an amendment, specifying the terms on which the States might be released from this military control and restored to their ...
— The Negro and the Nation - A History of American Slavery and Enfranchisement • George S. Merriam
... leave it, and he harangued the crowd, dwelling on the sacred rights of the domestic hearth, the habeas corpus and the English "home." He told them that the law and the people were sovereigns, that the law was the people, and that the people could only act through the law, and that power was vested in the law. The particular law of personal ...
— An Historical Mystery • Honore de Balzac
... expressly to hinder the rebel men from voting. It reads, "If any person shall knowingly vote without his having a lawful right." It was precisely so with all the papers served on me the United States marshal's warrant, the bail-bond, the petition for habeas corpus, the bill of indictment—not one of them had a feminine pronoun; but to make them applicable to me, the clerk of the court prefixed an "s" to the "he" and made "her" out of "his" and "him;" and ...
— The Life and Work of Susan B. Anthony (Volume 2 of 2) • Ida Husted Harper
... amendment in favour of Ireland, moved by an Irish member, and for which only five English and Scotch votes were given, including my own: the other four were Mr. Bright, Mr. McLaren, Mr. T.B. Potter, and Mr. Hadfield. And the second speech I delivered[9] was on the bill to prolong the suspension of the Habeas Corpus in Ireland. In denouncing, on this occasion, the English mode of governing Ireland, I did no more than the general opinion of England now admits to have been just; but the anger against Fenianism was then in all its freshness; any attack ...
— Autobiography • John Stuart Mill
... monstrous tale of a popish plot. The Whigs, as the opposition party came to be called, used it for more than it was worth to damage the Tories under Danby. The panic produced one useful measure, the Habeas Corpus Act of 1679, many judicial murders, and a foolish attempt to exclude James from the succession, As it subsided, Charles deftly turned the reaction to the ruin of the Whigs (1681). Of their leaders, Shaftesbury ...
— The History of England - A Study in Political Evolution • A. F. Pollard
... familiar examples from modern politics will explain why it is that the burden of my argument will lie outside the domain of legislation. It is often said that our Constitution attained its formal perfection in 1679, when the Habeas Corpus Act was passed. Yet Charles II. succeeded, only two years later, in making himself independent of Parliament. In 1789, while the States-General assembled at Versailles, the Spanish Cortes, older than Magna ...
— The History of Freedom • John Emerich Edward Dalberg-Acton
... confidence, for it aimed at special measures for the protection of the Prince Regent; the third furnished magistrates with unusual powers for the prevention of seditious meetings; and the fourth suspended the Habeas Corpus Act till July 1, giving the Executive authority 'to secure and detain such persons as his Majesty shall suspect are conspiring ...
— Lord John Russell • Stuart J. Reid
... warned that a rescue would be attempted on the night of the 3rd-4th; and certainly the Frenchmen were very restless at that time. They believed that if Napoleon could only set foot on shore he must gain the rights of Habeas Corpus.[539] And there seemed some chance of his gaining them. Very early on August 4th a man came down from London bringing a subpoena from the Court of King's Bench to compel Lord Keith and Captain Maitland ...
— The Life of Napoleon I (Volumes, 1 and 2) • John Holland Rose
... all his life, even if he does not curtail it by drinking himself to death in the first wild ecstasy of being able to swallow as much as he likes for the first time. You cannot govern men brought up as slaves otherwise than as slaves are governed. You may pile Bills of Right and Habeas Corpus Acts on Great Charters; promulgate American Constitutions; burn the chateaux and guillotine the seigneurs; chop off the heads of kings and queens and set up Democracy on the ruins of feudalism: the end of it all for us is that already in the twentieth century there ...
— A Treatise on Parents and Children • George Bernard Shaw
... James at the Height His Foreign Policy His Plans of Domestic Government; the Habeas Corpus Act The Standing Army Designs in favour of the Roman Catholic Religion Violation of the Test Act Disgrace of Halifax; general Discontent Persecution of the French Huguenots Effect of that Persecution in England Meeting ...
— The History of England from the Accession of James II. - Volume 2 (of 5) • Thomas Babington Macaulay
... language, was called "garnish." The first question to a new prisoner was, whether he was in by arrest or command; and there was generally some knavish attorney in a threadbare black suit, who, for forty shillings, would offer to move for a habeas corpus, and have him out presently, much to the amusement of the villanous-looking men who filled the room, some smoking and some drinking. At dinner a vintner's boy, who was in waiting, filled a bowl full of claret, and compelled ...
— Old and New London - Volume I • Walter Thornbury
... very grave at this time, and as apprehensions were felt in regard to the Fenians, a bill suspending the Habeas Corpus Act in Ireland was passed. Mr. Gladstone, in explaining the necessity for the measure, said that the government were ready at any time to consider any measure for the benefit of Ireland, but it was the single duty of the House at the moment to strengthen the ...
— The Grand Old Man • Richard B. Cook
... good taste and commerce might alone have suffered; but the principles of English government had taken possession of these young heads. Constitution, Upper House, Lower House, national guarantee, balance of power, Magna Charta, Law of Habeas Corpus,—all these words were incessantly repeated, and seldom understood; but they were of fundamental importance to a ...
— Memoirs Of The Court Of Marie Antoinette, Queen Of France, Complete • Madame Campan
... arbitrary methods of prosecuting pretended offenses, and arbitrary punishments upon arbitrary convictions, have ever appeared to me to be the great engines of judicial despotism; and these have all relation to criminal proceedings. The trial by jury in criminal cases, aided by the habeas corpus act, seems therefore to be alone concerned in the question. And both of these are provided for, in the most ample manner, in the plan ...
— The Federalist Papers • Alexander Hamilton, John Jay, and James Madison
... segregate them, because I respect a man's free-will and his front-door and his right to be tried by his peers. But since free-will is believed by Eugenists no more than by Calvinists, since front-doors are respected by Eugenists no more than by house-breakers, and since the Habeas Corpus is about as sacred to Eugenists as it would be to King John, why do not they bring light and peace into so many human homes by removing a demoniac from each of them? Why do not the promoters of the Feeble-Minded Bill call at the ...
— Eugenics and Other Evils • G. K. Chesterton
... the case of Archy, a slave brought by one Charles A. Stoval from Mississippi to California in 1857. After hiring Archy out for some time Stoval undertook to return him to Mississippi. Archy escaped and was arrested as a fugitive. Stoval sued out a writ of habeas corpus for his possession and the case came before the Supreme Court for adjudication. Peter Burnett, formerly Governor, who had been appointed justice of that court by Governor Johnson in 1857 and filled the office ...
— The Journal of Negro History, Volume 3, 1918 • Various
... the same, March 1.-The French expected every moment. Escape of the Brest squadron from Sir John Norris. Dutch troops sent for. Spirit of the nation. Addresses. Lord Barrymore and Colonel Cecil taken up. Suspension of the Habeas Corpus. The ...
— The Letters of Horace Walpole, Volume 1 • Horace Walpole
... Habeas corpus, new mode of suspending it. Hail Columbia, raised. Ham, sandwich, an orthodox (but peculiar) one, his seed, their privilege in the Bible, immoral justification of. Hamlets, machine for making. Hammon. Hampton Roads, disaster in. Hannegan, ...
— The Complete Poetical Works of James Russell Lowell • James Lowell
... by Jefferson, Eaton, and Wilkinson; Senate of the United States pass a bill suspending writ of Habeas Corpus; House rejects the bill on the first reading, ayes 113, nays 19; extracts from Blennerhassett's private journal; official Spanish documents, showing that General Wilkinson, after he had sworn to Burr's treasonable designs, ...
— Memoirs of Aaron Burr, Complete • Matthew L. Davis
... must have enjoyed a fresh sensation, a new pleasure amidst the festivities and gallantries of her brilliant court. Mr. Froude has rendered a timely service in this Christmas time to the Coercionists, the Martial Law men, and the Habeas Corpus Suspension men of our own day. He has shown them their principles at work and carried out with a vengeance, and with what results! He has admirably sketched the progress of English rule in Ireland up to that time—a rule unchanged in principle to the present hour, though restrained ...
— The Land-War In Ireland (1870) - A History For The Times • James Godkin
... his crown and kingdom in 1660, an event known as the Restoration; he was an easy-going man, and is known in history as the "Merry Monarch"; his reign was an inglorious one for England, though it is distinguished by the passing of the Habeas Corpus Act, one of the great bulwarks of English liberty next to the Magna ...
— The Nuttall Encyclopaedia - Being a Concise and Comprehensive Dictionary of General Knowledge • Edited by Rev. James Wood |
