A Treatise on the Right of Personal Liberty and the Writ of Habeas Corpus and the Practice Connected with it: With a View of the Law of Extradition of Fugitives
The Lawbook Exchange, Ltd., 2003 - 677 páginas
First Complete Study of the Status of Slavery in the United States. Published a year before John Brown's raid and three years before the outbreak of the Civil War, this was the first book-length work to treat the status of slaves at length. As such, it is a landmark work in the bibliography of American civil liberties. Hurd reviews the statutes concerning fugitive slaves and their extradition, analyzes the Fugitive Slave Act of 1850 and discusses the application of habeas corpus to slave issues. The list of cases cited by Hurd includes such landmarks as Jack v. Martin and Prigg v. Pennsylvania. Rollin C. Hurd [1815-1874] was a prominent lawyer, Judge of the Ohio Court of Common Pleas and the President of the Cleveland, Mount Vernon and Columbus Railroad. CONTENTS BOOK I. The Right of Personal Property I. General Nature and Limitations of the Right II. Limitations of a Public Nature III. Limitations of a Private Nature IV. Constitutional and Statutory Guarantees of the Right of Personal Liberty in England V. Constitutional and Statutory Guarantees of the Right of Personal Liberty in America BOOK II. The Writ of Habeas Corpus I. Nature of the Writ of Habeas Corpus, and Sources and Extent of Jurisdiction over it II. Practice in Procuring and Serving the Writ III. The Return IV. The Issue V. The Hearing VI. Jurisdiction in Respect to the Validity of Legal Process when Asserted as Cause of Detention VII. Validity of Legal Process VIII. Right to Bail IX. Claims for Private Custody Founded on the Domestic relations X. Statutory Provisions Relating to Prisoner's Discharge XI. Section I. Writ of Error BOOK III. The Law of Extradition of Fugitives I. Extradition of Fugitives from Justice from Foreign States II. Extradition of Fugitives from Justice from the Several States of the Union III. Extradition of Fugitives from Service
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act of Congress affidavit aforesaid alleged appear application arrest authority bail bailable brought cause certiorari Chancellor charged child citizen claimed common law Commonwealth confined Constitution contempt conviction Court of Chancery crime custody decision defendant delivered demand detained detention discretion duty England entitled evidence Ex parte Bollman examination executive exercise facts father felony fugitive from justice governor grant the writ ground guardian habeas corpus act held husband illegal imprisonment indictment infant issued Joseph Smith judgment judicial jurisdiction jury King King's Bench Lord Lord Mansfield magistrate Magna Carta ment mother oath offence opinion parent party Pennsylvania personal liberty petition presumption principle proceeding proof provisions question reason refused relation remedy restraint rule says SECTION sheriff slave South Carolina statute sufficient Supreme Court surrender tion trial United void warrant of commitment wife writ of error writ of habeas
Página 149 - That all the before-mentioned Courts, [Supreme, Circuit, and District] of the United States, shall have power to issue writs of scire facias, habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law.
Página 593 - If any person guilty of, or charged with, treason, felony, or other high misdemeanor in any State, shall flee from justice and be found in any of the United States, he shall, upon demand of the Governor or Executive power of the State from which he fled, be delivered up and removed to the State having jurisdiction of his offence.
Página 129 - ... unreasonable searches and seizures of his person, his houses, his papers, and all his possessions. All warrants, therefore, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation; and if the order, in the warrant to a civil officer, to make search in suspected places, or to arrest one or more suspected persons, or to seize their property, be not accompanied with a special designation of the persons or objects of search, arrest, or seizure...
Página 117 - Permit me, Sir, to add another circumstance in our colonies, which contributes no mean part towards the growth and effect of this untractable spirit. I mean their education. In no country perhaps in the world is the law so general a study.
Página 90 - That levying money for or to the use of the Crown, by pretence of prerogative, without grant of Parliament, for longer time or in other manner than the same is or shall be granted, is illegal.
Página 130 - The people shall be secure in their persons, houses, papers and possessions from unreasonable searches and seizures, and no warrant to search any place or to seize any person or things shall issue without describing them as nearly as may be, nor without probable cause, supported by oath or affirmation subscribed to by the affiant.
Página 91 - That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; 11. That jurors ought to be duly impanelled and returned, and jurors which pass upon men in trials for high treason ought to be freeholders; 12.
Página 130 - That the people shall be secure in their persons, houses, papers and possessions, from unreasonable searches and seizures...
Página 130 - That general warrants, whereby an officer or messenger may be commanded to search suspected places without evidence of a fact committed, or to seize any person or persons not named, or whose offence is not particularly described and supported by evidence, are grievous and oppressive, and ought not to be granted.