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noun
Habeas corpus  n.  (Law) A writ having for its object to bring a party before a court or judge; especially, one to inquire into the cause of a person's imprisonment or detention by another, with the view to protect the right to personal liberty; also, one to bring a prisoner into court to testify in a pending trial.






Collaborative International Dictionary of English 0.48








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"Habeas corpus" Quotes from Famous Books



... Parley P. Pratt and four others to the Ray County jail on a charge of murder; and twenty-three others were ordered to give bail on a charge of arson, burglary, robbery, and larceny, and all but eight of these were locked up in default of bail. The prisoners confined at Liberty secured a writ of habeas corpus soon after, but only Rigdon was ordered released, and he thought it best for his safety to go back to the jail. He afterward, with the connivance of the sheriff and jailer, made his escape at night, and reached Quincy, ...
— The Story of the Mormons: • William Alexander Linn

... 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 these ...
— Phineas Finn - The Irish Member • Anthony Trollope

... merely by pecuniary liberality that the Parliament testified attachment to the Sovereign. A bill was rapidly passed which withheld the benefit of the Habeas Corpus Act, during twelve months more, from Bernardi and some other conspirators who had been concerned in the Assassination Plot, but whose guilt, though demonstrated to the conviction of every reasonable man, could not be proved ...
— The History of England from the Accession of James II. - Volume 5 (of 5) • Thomas Babington Macaulay

... Mrs. Barton, 'what those wretches will have to do before the Government will consent to suspend the Habeas Corpus Act, and place the country in the hands of the military. Do they never think of how wickedly they are behaving, and of how God will punish them when they die? Do they never think of their ...
— Muslin • George Moore

... it is mine, that he had not been guilty of theft, but perhaps of the wrongous detention or imprisonment of Rangoon. 'But,' he said, 'the Habeas Corpus Act has no clause about cats, and in Scottish law, which is good enough for me, there is no property in cats. You can't, ...
— The Disentanglers • Andrew Lang

... too mettlesome to 'carry double'. Uncle Mitchell, I feel so unhappy about that poor girl, that I must do something to comfort her, and only one avenue presents itself. I want you to have her brought into court on a writ of Habeas Corpus, and to use your influence with Judge Parkman to grant her bail. I desire to give the amount of bond he may require, because I think it would gratify her, to have this public assurance that she possessed the confidence of her own sex; for nothing so strengthens and soothes a true woman as the sympathy ...
— At the Mercy of Tiberius • August Evans Wilson

... 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 from what other motive I am ...
— The History of Tom Jones, a foundling • Henry Fielding

... 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 young Pretender—361 ...
— The Letters of Horace Walpole, Volume 1 • Horace Walpole

... habitation, inhabitant, exhibit, prohibition, ability, debit, debt; (2) habituate, habiliment, habeas corpus, cohabit, ...
— The Century Vocabulary Builder • Creever & Bachelor

... 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

... 20 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 ...
— The Writings of Samuel Adams, vol. III. • Samuel Adams

... 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, you ...
— The Memoirs of General W. T. Sherman, Complete • William T. Sherman

... intended 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 I insist if government officials may thus manipulate ...
— The Life and Work of Susan B. Anthony (Volume 2 of 2) • Ida Husted Harper

... pitiful exhibition of lack of 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 against his ...
— Lord John Russell • Stuart J. Reid

... other end of the spirit-wire. To be sure, neither of them says anything; but they talk. Is not that something? He suspends the law of gravitation as to his own body—he has learned how to evade it—as tyrants suspend the legal writs of habeas corpus. When Gravitation asks for his body, she cannot have it. He says of himself, "I am infallible; I am sublime." He believes all these things. He is master of the elements. Shakespeare sends him a poem just made, and as good ...
— Baddeck and That Sort of Thing • Charles Dudley Warner

... diffident as to what was the exact line of prudence in such arduous circumstances, will reprobate the conduct of those who were for reducing public expenditure with a precipitation that might have produced a convulsion in the State. The Habeas Corpus Act is also our own near concern; it was suspended, some think without sufficient cause; not so, however, the Persons who had the best means of ascertaining the state of the Country; for they could have been induced to have recourse ...
— The Prose Works of William Wordsworth • William Wordsworth

... loyalty come within the predicament of high treason,' replied the magistrate, 'I know no court in Christendom, my dear Mr. Morton, where they can sue out their Habeas Corpus.' ...
— Waverley, Or 'Tis Sixty Years Hence, Complete • Sir Walter Scott

... a common Cabby, for the time being combining in himself the several functions of guide-book, chattel-mortgage and writ of habeas corpus on the person of the most popular literary idol of the hour and all for the matter of maybe no more than half ...
— A Jongleur Strayed - Verses on Love and Other Matters Sacred and Profane • Richard Le Gallienne

... this country about five years ago, in a French vessel called the Pearl. She had lost her reckoning, and was driven by stress of weather into the port of St. Ives, in Cornwall. Louis and his four companions were brought to London upon a writ of Habeas Corpus at the instance of Mr. George Stephen; and, after some trifling opposition on the part of the master of the vessel, were discharged by Lord Wynford. Two of his unfortunate fellow-sufferers died of the measles at Hampstead; the other two returned to Sierra Leone; but poor Louis, ...
— The History of Mary Prince - A West Indian Slave • Mary Prince

... statute, rule; canon &c (precept) 697; ordinance, institution, regulation; bylaw, byelaw; decree &c (order) 741; ordonnance^; 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^; legislation, codification. equity, common law; lex [Lat.], lex nonscripta [Lat.]; law of nations, droit des gens [Fr.], international law, jus gentium [Lat.]; jus civile [Lat.]; civil law, ...
— Roget's Thesaurus of English Words and Phrases: Body • Roget

... boat and a black boat. The prisoner is in the white boat, and the officer has got him by the collar still. The men in the white boat will want to commit him, and the men in the black boat are his friends, no doubt, coming for a habeas corpus—" ...
— Mary Anerley • R. D. Blackmore

... doubt his being able to carry them through the House of Commons. If he can't, he goes of course; and what next? The measures are sufficiently strong, it must be owned—a consomme of insurrection-gagging Acts, suspension of Habeas Corpus, martial law, and one or two other little hards ...
— The Greville Memoirs - A Journal of the Reigns of King George IV and King William IV, Vol. II • Charles C. F. Greville

... their lordships would determine His cause by leaning much from might to right: Bishops, who had not left a single sermon; Attorneys-general, awful to the sight, As hinting more (unless our judgments warp us) Of the "Star Chamber" than of "Habeas Corpus." ...
— The Works of Lord Byron, Volume 6 • Lord Byron

... bugbear to the police, who were constantly arresting him; but, as he never asked for money, they had great difficulty in doing anything with him. Usually the magistrate sent him to the "Island," for thirty days and then Gottlieb would get him out on a writ of habeas corpus. Some of these writs attracted the attention of the bar and several appear in the reports. I am under the impression that we secured his release some twenty-nine separate times. At last he died in a fit of apoplexy caused by overeating; and when we administered ...
— The Confessions of Artemas Quibble • Arthur Train

... of his cracked old brain—would find their way into less honest but saner hands. So Doc rattled about from penitentiary to prison and from prison to madhouse and out again, constantly taking appeals and securing writs of habeas corpus, and feeling mildly resentful, but not particularly so, that people should be so interfering with his business. Now as from force of long habit he peered out of the doorway before making his exit; he looked like one of the John Sargent's prophets gone ...
— Tutt and Mr. Tutt • Arthur Train

... some process by which we could free him?" asked Viola. "Seems to me I've heard of some process—a habeas corpus writ, or ...
— The Golf Course Mystery • Chester K. Steele

... 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, ...
— Letters of Horace Walpole - Volume I • Horace Walpole

... 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 ...
— Punch, or the London Charivari, Vol. 156, Apr 2, 1919 • Various

... 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 ...
— The Fugitive Slave Law and Its Victims - Anti-Slavery Tracts No. 18 • American Anti-Slavery Society

... fair trial in Ireland. Arbitrary government in this form was one of the first objects of attack by the English Parliament in the seventeenth century, and this first liberty of the subject was vindicated by the Petition of Right, and again by the Habeas Corpus Act. It is significant of much that this first step in liberty should be in reality nothing more nor less than a demand for law. "Freedom of men under government," says Locke, summing up one whole chapter of seventeenth-century controversy, "is to have a standing rule to live by, ...
— Liberalism • L. T. Hobhouse

... provides that any person arrested or imprisoned on any judgment or decree obtained in any Federal court for duties shall be entitled to the benefit secured by the habeas corpus act of the State in cases of unlawful arrest, and may maintain an action for damages, and that if any estate shall be sold under such judgment or decree the sale shall be held illegal. It also provides that any jailer who receives a person committed on any process or other judicial ...
— A Compilation of the Messages and Papers of the Presidents, - Vol. 2, Part 3, Andrew Jackson, 1st term • Edited by James D. Richardson

... 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 on what Fenians ...
— Autobiography • John Stuart Mill

... decided to surrender him to the demand of the British Government, appeal was made to the United States Circuit Court, Judge Woodruff, then to the Supreme Court, Judge Barrett, before whom Mac was brought by writs of habeas corpus; but the commissioner's decision was sustained. Mac was sent to Fort Columbus for safe-keeping while counsel were vainly arguing on new writs of habeas corpus and certiorari, but before any conclusion could be reached, he was hurried away by his custodians. ...
— Bidwell's Travels, from Wall Street to London Prison - Fifteen Years in Solitude • Austin Biron Bidwell

... 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 of education" should forever be encouraged, inasmuch as ...
— The Winning of the West, Volume Three - The Founding of the Trans-Alleghany Commonwealths, 1784-1790 • Theodore Roosevelt

... 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. ...
— The Anti-Slavery Examiner, Omnibus • American Anti-Slavery Society

... the writ of habeas corpus shall not be suspended unless when, in cases of rebellion or invasion, the ...
— The Government Class Book • Andrew W. Young

... individual 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 ...
— The Atlantic Monthly, Volume 14, No. 86, December, 1864 • Various

... new constitution, when he first saw it, was the omission in it of a bill of rights providing for the 'eternal and unremitting force of the habeas corpus act'—and for the freedom of the press. When Colonel Burr was arrested, Jefferson, who, by the way, showed a want of dignity and self-respect throughout the affair, was eager to suspend the habeas corpus act, and got a bill to ...
— Continental Monthly, Vol. 5, Issue 2, February, 1864 • Various

... 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 ...
— The Adventure of Living • John St. Loe Strachey

... "We'll need a habeas corpus for this stove if you don't get something to hold her up, and I might state, if it's worthy of mention, that ...
— Pardners • Rex Beach

... Such was 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 until 1858, presided. As Burnett was a southern ...
— The Journal of Negro History, Volume 3, 1918 • Various

... 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 ...
— A Visit To The United States In 1841 • Joseph Sturge

... England was an armory from 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 ...
— Atlantic Monthly, Volume 14, No. 84, October, 1864 - A Magazine Of Literature, Art, And Politics • Various

... was 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 ...
— Autobiography of Seventy Years, Vol. 1-2 • George Hoar

... these candid friends of the United States,—they tell you that all freedom is gone; that the Habeas Corpus Act, if they ever had one, is known no longer; and that any man may be arrested at the dictum of the President or of the Secretary of State. Well, but in 1848 you recollect, many of you, that there ...
— Speeches on Questions of Public Policy, Volume 1 • John Bright

... for the king to remedy. Having made his speech he brought forward and carried resolutions that are memorable in the annals of our constitutional history, and which, indeed, were made the foundation of the Habeas Corpus Act fifty years afterward. His next step was his greatest. He formed the famous Petition of Right, the second Magna Charta, as it has been aptly called, of the nation's liberties. The petition enumerated all the abuses of prerogative under which the country groaned, and after ...
— Harper's New Monthly Magazine, Volume 1, No. 2, July, 1850. • Various

... in state, church, and society; King striving for absolute power; Nonconformists persecuted; society profligate in its revolt against the strictness of Puritanism; Habeas Corpus Act; Test ...
— Ontario Teachers' Manuals: History • Ontario Ministry of Education

... a 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 ...
— Complete State of the Union Addresses from 1790 to the Present • Various

... must think I'm a writ of habeas corpus. I want to know who was the gent that most likely tipped off your ...
— Torchy • Sewell Ford

... cried, when she had finished, "the boy has it in him, after all! They can't hold him a day—can they, Lige?" (No answer from the Captain, who is eating his breakfast in silence.) "All that we have to do is to go for Worington and get a habeas corpus from the United States District Court. Come on, Lige." The Captain got up ...
— The Crossing • Winston Churchill

... prominently to the front, for the condition of Ireland at that time was as alarming as it was deplorable, with combined Fenianism and poverty and disaffection in every quarter. So grave was the state of this unhappy country that the government felt obliged to bring in a bill suspending the habeas corpus act, which the chancellor of the exchequer eloquently supported. His conversion to Liberal views was during this session seen in bringing in a measure for the abolition of compulsory church-rates, in aid of Dissenters; but before it ...
— Beacon Lights of History, Volume X • John Lord

... answer seems simple. The very name points to English sources. The Bill of Rights of 1689, the Habeas Corpus Act of 1679, the Petition of Right of 1628, and finally the Magna Charta libertatum appear to be unquestionably the predecessors of the Virginia bill ...
— The Declaration of the Rights of Man and of Citizens • Georg Jellinek

... obtain the 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

... your present embarrassment." Then I saw that all this was banter. She 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 ...
— The Sable Cloud - A Southern Tale With Northern Comments (1861) • Nehemiah Adams

... Tennessee had been loyal from the 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 hostility ...
— Reminiscences of Sixty Years in Public Affairs, Vol. 2 • George S. Boutwell

... England, inflated his knowledge into a 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 fled to Holland, and Sidney and Russell were brought to the block; ...
— The History of England - A Study in Political Evolution • A. F. Pollard

... applied for habeas corpus, and its exercise was refused. Congress has not suspended the writ. Our law officers say that the authority of Congress is necessary to ...
— Continental Monthly, Vol. I. February, 1862, No. II. - Devoted To Literature And National Policy • Various

... OF HABEAS CORPUS. [Footnote: For the general arrangement of the material in Sections 568-570, I am indebted to Professor Beard's American Government and Politics, to which text acknowledgment is here made.]—In ...
— Problems in American Democracy • Thames Ross Williamson

... his long and bitter persecution to be attributed? Why had he been deprived of his liberty; thrust into a dark and unwholesome dungeon; refused the benefit of the Habeas Corpus Act; denied his enlargement upon bail or main-prize; branded as a malefactor of the most dangerous kind; badgered and tortured to the ruin of his health and his reason? Merely this: he had imbibed, in advance, the spirit of Mr. Arthur Clennam, and had "wanted ...
— The Story of the Upper Canada Rebellion, Volume 1 • John Charles Dent

... 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 Charta and more venerable than our House of Commons, were summoned after an interval ...
— The History of Freedom • John Emerich Edward Dalberg-Acton

... fourths of them should be contented to live under a system which leaves to their governors the power of taking from them the trial by jury in civil cases, freedom of religion, freedom of the press, freedom of commerce, the habeas corpus laws, and of yoking them with a standing army. That is a degeneracy in the principles of liberty, to which I had given four centuries, ...
— Patrick Henry • Moses Coit Tyler

... Arthur—"the birthright of British boys old and young, as habeas corpus and trial by jury ...
— Tom Brown's Schooldays • Thomas Hughes

... 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, ...
— The Life and Correspondence of Sir Isaac Brock • Ferdinand Brock Tupper

... 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 to the sum of L2,000, to ...
— Virginia under the Stuarts 1607-1688 • Thomas J. Wertenbaker

... passing of the Habeas Corpus Suspension Act offered another opportunity to the Government for striking a severe blow, but it was frittered away, although, before it became law, many of the leaders of disorder left the ...
— The Reminiscences of an Irish Land Agent • S.M. Hussey

... (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 ...
— Roget's Thesaurus

... equality as equally pernicious with a factitious aristocracy; both depressing the energies, and checking the enterprise of a nation. I like man to be free, really free: free in his industry as well as his body. What is the use of Habeas Corpus, if a man may not use his hands when he ...
— Coningsby • Benjamin Disraeli

... still more marked political phenomena. We profit naturally by inventions, by discoveries, by constitutional struggles, by civil and religious achievements, by lessons of traditions, by landmarks of usage and prescription. Magna Charta, Petition of Right, Habeas Corpus, what O'Connell even called the "glorious Revolution of 1688," are as much American ...
— Southern Literature From 1579-1895 • Louise Manly

... they had too much common sense to attempt to be constitutional. You cannot grant a constitution to a nursery; nor can babies assemble like barons and extort a Great Charter. Tommy cannot plead a Habeas Corpus against going to bed; and an infant cannot be tried by twelve other infants before he is put in the corner. And as there can be no laws or liberties in a nursery, the extension of feminism means that there shall be no more laws or liberties ...
— What I Saw in America • G. K. Chesterton

... carpetbaggers, with the troops of the United States standing by to protect the looters. In 1871, under color of necessity arising from the intimidation of voters in a few sections of the South, Congress passed a stringent act, empowering the President to suspend the writ of habeas corpus and to use the military at any time to suppress disturbances or attempts to intimidate voters. This act, in the hands of radicals, gave the carpetbag governments of the Southern States practically unlimited ...
— The Agrarian Crusade - A Chronicle of the Farmer in Politics • Solon J. Buck

... extortion, which, in prison 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 ...
— Old and New London - Volume I • Walter Thornbury

... their 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 of freedom those immense regions which will ...
— Political Pamphlets • George Saintsbury

... captured Colonel Waynflete at Milford, the obvious thing to do with him was to send him prisoner to the Duke at Lichfield. Though the Colonel carried no papers which made his purpose clear, Brocton knew well what the object of his journey was, and the suspension of the Habeas Corpus Act put the Colonel in his power. Or, he might have carried him before a justice of the peace, his friend Master Dobson for choice, and had him committed to the town jail. The course actually taken, that of sending him ahead, under guard, in the very van of the royal army, ...
— The Yeoman Adventurer • George W. Gough

... blessings of civil and religious liberty. Yet the first would seem in some degree to depend upon our Saxon mode of trial by our peers, upon the stipulations of the great Norman charters, upon the practice and the statute of Habeas Corpus,—a principle native to our common law, but established by the Stuarts; nor in a careful perusal of the Bill of Rights, or in an impartial scrutiny of the subsequent legislation of those times, though some diminution of our political franchises must be confessed, is it easy ...
— Sybil - or the Two Nations • Benjamin Disraeli

... confronted him with the proof, he had insisted that she suffered from delusions and had her committed to an insane asylum. For a year and a half she had not been allowed to communicate with her children, but finally her brother, a prominent Albany attorney, obtained her release through a writ of habeas corpus, took her to his home, and persuaded Dr. Phelps to allow the children to visit her for a few weeks. Now she was desperate as she again faced the prospect of being separated from her children by Massachusetts law which gave even an unfaithful ...
— Susan B. Anthony - Rebel, Crusader, Humanitarian • Alma Lutz

... 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 ...
— Eugenics and Other Evils • G. K. Chesterton

... counsel. Before leaving I drew up a power of attorney, which the man Shadrach signed. It was made to Robert Morris, and was intended to give him authority to act in reference to an application for a habeas corpus. When Mr. Riley was clearing the room, Shadrach pointed out Mr. Davis as one of his counsel, and as such Mr. Riley allowed ...
— Report of the Proceedings at the Examination of Charles G. Davis, Esq., on the Charge of Aiding and Abetting in the Rescue of a Fugitive Slave • Various

... after the above was delivered came the first recent judicial expression of a contrary view. It was by Judge William Lochren of the United States Circuit Court at St. Paul, in the case of habeas corpus proceedings against Reeve, warden of the Minnesota State Prison at Stillwater, for the release of a Porto Rican named Ortiz. He was held for the murder of a private soldier of the United States, sentenced to death by a Military ...
— Problems of Expansion - As Considered In Papers and Addresses • Whitelaw Reid

... 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 necessity made ...
— An Historical Mystery • Honore de Balzac

... sight, complains that our anchor is dragging in his mud, and the man who violates the proprieties, like our brave Portland brothers, when they jumped on board the first steamer they could reach, cut her cable, and bore down on the corsair, with a habeas corpus act that lodged twenty buccaneers in Fort ...
— Pages From an Old Volume of Life - A Collection Of Essays • Oliver Wendell Holmes, Sr.

... agriculture, and of commerce as its handmaiden; the diffusion of information and arraignment of all abuses at the bar of the public reason; freedom of religion, freedom of the press, and freedom of person, under the protection of the Habeas Corpus; and trial by juries impartially selected. These principles form the bright constellation which has gone before us, and guided our steps through an age of revolution and reformation. The wisdom of our sages and the blood of our heroes have been devoted to their attainment; ...
— Thomas Jefferson • Edward S. Ellis et. al.

... contributions of men and money from each State, North and South; and the details of every battle and every skirmish involving a loss of life. The events connected with Privateering, suspension of the writ of Habeas Corpus, Martial Law, Blockade, ...
— The Continental Monthly, Vol 2, No 6, December 1862 - Devoted to Literature and National Policy • Various

... stately language Milton's muse 1678 The Bible 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, ...
— A Humorous History of England • C. Harrison

... one of the 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

... Habeas corpus proceedings were resorted to and every scheme and plan for delay was brought into play. A fierce and bitter legal battle was fought between the attorneys for the prisoners and those for the state, before Judge M. L. Buchwalter of the Hamilton ...
— The Mysterious Murder of Pearl Bryan - or: the Headless Horror. • Unknown

... Dublin, for preventing the assembly of a Convention in Great Britain; and the delegates resolved to prepare to summon a Convention if the following emergencies should arise—an invasion, the landing of Hanoverian troops, the passing of a Convention Act, or the suspension of the Habeas Corpus Act. These defiant resolutions were proposed by Sinclair; and, as he afterwards became a Government informer, they were probably intended to lure the Convention away from its proper business into seditious ways. However that may be, the delegates ...
— William Pitt and the Great War • John Holland Rose

... progressive, 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 ...
— Alton Locke, Tailor And Poet • Rev. Charles Kingsley et al

... the remedy that the Government proposes for the universal distress 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

... jury were hailed with pleasure by every honest thinking man in the kingdom, who was not under the influence of an unjust prejudice. The reign of terror was now proclaimed, and a great number of worthy men were imprisoned in dungeons, under the suspension of the Habeas Corpus act, which tyrannical proceeding greatly agitated the whole country. This, therefore, will not be an improper place, to record, and bring to the recollection of the public, who were the men in power, under whose auspices and ...
— Memoirs of Henry Hunt, Esq. Volume 1 • Henry Hunt

... 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 ...
— Poor Jack • Frederick Marryat

... governments—that self-preservation, in a State, as in an individual, is a warrant for many things which at all other times ought to be rigidly abstained from. At all events, no nation which has ever passed "laws of exception," which ever supended the Habeas Corpus Act or passed an Alien Bill in dread of a Chartist insurrection, has a right to throw the first stone ...
— The Contest in America • John Stuart Mill

... 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 party which ...
— Marguerite de Navarre - Memoirs of Marguerite de Valois Queen of Navarre • Marguerite de Navarre

... is taken to Boston from Portland, after two unsuccessful attempts to obtain a writ of habeas corpus. ...
— New York Times Current History; The European War, Vol 2, No. 2, May, 1915 - April-September, 1915 • Various

... our authoress was close shut up in a messenger's house, without being allowed pen, ink, and paper. However her council sued out her Habeas Corpus at the King's-Bench Bar, and she was admitted ...
— The Lives of the Poets of Great Britain and Ireland (1753) - Vol. IV • Theophilus Cibber

... radical, expresses himself no differently. At the time of the oath of the Tennis Court, he redoubles his efforts to induce Lafayette and other patriots to make some arrangement with the King to secure freedom of the press, religious, liberty, trial by jury, the habeas corpus, and a national legislature,—things which he could certainly be made to adopt,—and then to retire into private life, and let these institutions act upon the condition of the people until they had rendered it capable of further progress, with the assurance that there would ...
— The Origins of Contemporary France, Volume 2 (of 6) - The French Revolution, Volume 1 (of 3) • Hippolyte A. Taine

... 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 imprison me ...
— 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

... either in England or in Scotland. And that such cases should still be possible in Russia and in Turkey places those two old despotisms outside the pale of the civilised world. And yet, loudly as we all denounce the Czar and the Sultan, eloquently as we boast over Magna Charta, Habeas Corpus, and what not, every day you and I are doing what would cost an English king his crown, and an English judge his head. We all do it every day, and it never enters one mind out of a hundred that we are trampling down truth, ...
— Bunyan Characters - Third Series - The Holy War • Alexander Whyte

... Bedard's arrest his friends applied for a writ of habeas corpus; but, owing to the opposition of Craig, this was refused. In July two of Bedard's companions were released, on the ground of ill health. They both, however, expressed regret at the tone which Le Canadien had adopted. In August the printer was discharged. Bedard himself declined to accept his ...
— The 'Patriotes' of '37 - A Chronicle of the Lower Canada Rebellion • Alfred D. Decelles

... 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? ...
— A Brief History of the United States • Barnes & Co.

... your dog," said Jim, when they were on the street again, "what's to hinder you from running that habeas corpus you've got around his neck over a limb and walking off and ...
— Sixes and Sevens • O. Henry

... discharged at the Prince and made an attack on the crowd. A number of persons 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. ...
— A History of the Nineteenth Century, Year by Year - Volume Two (of Three) • Edwin Emerson

... 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

... this occasion the names of Hamden, Sidney, and Wilks, were echoed from all quarters of our prison. The liberty of the citizen, and false imprisonment were discanted on in a loud and moving manner. Some talked of a writ of habeas corpus, but others knew not what it meant; but all agreed that it was unconstitutional to confine a man in prison without trial. One man had the imprudence to say that they would have French fashions among them, ...
— A Journal of a Young Man of Massachusetts, 2nd ed. • Benjamin Waterhouse

... returned for the family borough of Tavistock. He was obliged, however, principally owing to ill-health, to retire from active life at the end of three years, during which time he made a remarkable speech against the suspension of the Habeas Corpus Act. It must have been at about this time that he thought of giving up politics and devoting himself to literature, which brought the following "Remonstrance" from his ...
— Lady John Russell • Desmond MacCarthy and Agatha Russell

... with being drunk and disorderly, and, what was ten times worse, with uttering blasphemy against the Prince Regent. It may as well be mentioned here that the greatest precautions had been taken to prevent any knowledge by the authorities of the proceedings of the Friends of the People. The Habeas Corpus Act was not yet suspended, but the times were exceedingly dangerous. The Friends, therefore, never left in a body nor by the same door. Watch was always kept with the utmost strictness, not only on the stairs, ...
— The Revolution in Tanner's Lane • Mark Rutherford

... 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 to reside, and his wife had returned with the child ...
— An Account of the Proceedings on the Trial of Susan B. Anthony • Anonymous

... Vallandigham. The letters of the President in reply 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 ...
— Recollections of Forty Years in the House, Senate and Cabinet - An Autobiography. • John Sherman

... 1862 it more and more became), was making the overthrow of slavery its main aim, waging war for the negro instead of for the Union. They complained also that not only in anti-slavery measures but in other things as well, notably in suspending habeas corpus, the Administration ...
— History of the United States, Volume 4 • E. Benjamin Andrews

... withdrawn before the opposition of the bishops. He was careful therefore during the few years which remained to him to avoid the appearance of any open violation of public law. He suspended no statute. He imposed no tax by Royal authority. Galling to the Crown as the freedom of the press and the Habeas Corpus Act were soon found to be, Charles made no attempt to curtail the one or to infringe the other. But while cautious to avoid rousing popular resistance, he moved coolly and resolutely forward on the path of despotism. It was in vain that ...
— History of the English People, Volume VII (of 8) - The Revolution, 1683-1760; Modern England, 1760-1767 • John Richard Green

... 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 uniformly upheld the power exercised by the military, and in no case has there been any ...
— Proposed Roads To Freedom • Bertrand Russell

... company,' says I. 'I never see this New York, but I'd like to. But, Luke,' says I, 'don't you have to have a dispensation or a habeas corpus or something from the state, when you reach out that far for rich men ...
— Stories from Everybody's Magazine • 1910 issues of Everybody's Magazine

... the Indians, wounding another, and capturing four more, when they returned to St. Paul, bringing with them the dead, wounded, and prisoners. The dead were buried, the wounded healed, and the prisoners discharged by Judge Nelson on a writ of habeas corpus. ...
— The History of Minnesota and Tales of the Frontier • Charles E. Flandrau

... lodger. Under such circumstances the magistrate 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

... 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 with a ...
— Abraham Lincoln, Vol. I. • John T. Morse

... an outrage!" roared 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 three murderers ...
— The Madness of May • Meredith Nicholson

... all parties ... then we might have felt ourselves in some degree equally protected.... But at the moment when the Province is turned into a camp—when freedom of opinion may be said to exist, but scarcely to live—when unprecedented power is wielded by the Executive, and the Habeas Corpus Act is suspended, for one party in the Province to have free range of denunciation, intimidation, etc., against Methodists and others ... and then for silence to be enjoined on me and those who agree with me ... does excite, I confess, my anxious concern, as the ...
— The Story of My Life - Being Reminiscences of Sixty Years' Public Service in Canada • Egerton Ryerson

... simply submitted to impartial and intelligent men, we should have little dread of any great harm resulting from them. Unfortunately this Copperhead poison, with its subtle falsehoods and detestable special pleading, its habeas corpus side-issues and Golden-Circle slanders, is industriously circulated among many who are still frightened by the old bugbear of 'Abolition,' and who, like the majority in all wars whatever, have accustomed ...
— The Continental Monthly, Vol. III, No. V, May, 1863 - Devoted to Literature and National Policy • Various

... transplant goat glands. "Oh, no, it's all rot and will never do!" However, we 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 ...
— The Goat-gland Transplantation • Sydney B. Flower

... a condition of serfdom, retaining many of the instincts of a conquered race, get what liberty they have by extorting it piecemeal from their masters. Magna Charta was forced from a weak monarch by a conspiracy of nobles, acting from purely selfish motives, in behalf of their own order. The Habeas Corpus Act was unpalatable to the Lords, and was passed only by a trick or a blunder. What is there in common between the states which recognize the rule of any persons who happen to be descended from the bold or artful men who obtained their ...
— The Atlantic Monthly, Vol. 13, No. 78, April, 1864 • Various

... of your realm to that end provided, divers of your subjects have of late been imprisoned without any cause showed; and when, for their deliverance, they were brought before justice, by your majesty's writs of habeas corpus there to undergo and receive as the court should order, and their keepers commanded to certify the causes of their detainer, no cause was certified, but that they were detained by your majesty's special command, signified by the lords of your privy council, and yet were returned ...
— The History of England in Three Volumes, Vol.I., Part E. - From Charles I. to Cromwell • David Hume

... Day of Fire shall have dawn'd, and sent Its deadly breath into the firmament," as it is supposed, the great earth cemetery will burst open and its innumerable millions swarm forth before him. Unto the tremendous act of habeas corpus, then proclaimed, every grave will yield its prisoner. Ever since the ascension of Jesus his mistaken followers have been anxiously expecting that awful advent of his person and his power in the clouds; but in vain. "All things remain as they were: where is the promise of his ...
— The Destiny of the Soul - A Critical History of the Doctrine of a Future Life • William Rounseville Alger

... Federal Constitution as it now stands the citizen, in time of peace at least, is guaranteed, among other matters, the protection of the writ of habeas corpus; freedom from bills of attainder and ex post facto legislation; freedom of religious belief and worship; freedom of thought and its expression; freedom peacefully to assemble with others and petition for redress of grievances; freedom from unreasonable searches and seizure; the right not ...
— Concerning Justice • Lucilius A. Emery

... boasted English freedom when you cross to Kingstown pier? Where has it been for near two years? The Habeas Corpus Act suspended, the gaols crowded, the steamers searched, spies listening at shebeen shops for sedition, and the end of it a Fenian panic in England. Oh, before it be too late, before more blood shall stain ...
— Autobiographical Sketches • Annie Besant

... Habeas Corpus.—Clause 2 provides: The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public ...
— Our Government: Local, State, and National: Idaho Edition • J.A. James

... continued, urged peaceful acceptance of the new order. Evidently, however, the respectable members of society were few, as the great body of the English settlers joined in a petition for the repeal of the Act on the ground that it deprived them of the incalculable benefits of habeas corpus and trial by jury. The Montreal merchants, whether, as Carleton commented, they "were of a more turbulent Turn, or that they caught the Fire from some Colonists settled among them," were particularly ...
— The Canadian Dominion - A Chronicle of our Northern Neighbor • Oscar D. Skelton

... 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 ...
— Popular Law-making • Frederic Jesup Stimson

... notice for sea. The reason 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, indeed, a person attempted to get on board the Bellerophon ...
— Memoirs of Napoleon Bonaparte, Complete • Louis Antoine Fauvelet de Bourrienne

... get drunk with nothing but your damned religion. — For my part, I believe as how your man deals with the devil. — Two or three as bold hearts as ever took the air upon Hounslow have been blubbering all night; and if the fellow an't speedily removed by Habeas Corpus, or otherwise, I'll be damn'd if there's a grain of true spirit left within these walls we shan't have a soul to do credit to the place, or make his exit like a true born Englishman — damn my eyes! there will be nothing but snivelling in the cart — we shall ...
— The Expedition of Humphry Clinker • Tobias Smollett

... poop or at the open gangway. Maitland was 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 to produce the person of Napoleon Bonaparte for attendance in London as witness in a trial ...
— The Life of Napoleon I (Volumes, 1 and 2) • John Holland Rose

... and Lothar Bucher, one of the ablest of the Opposition, complained that not enough attention had been paid to the procedure adopted in England for repealing the Habeas Corpus Act, entirely ignoring the fact that there was no Habeas Corpus Act in Prussia. We can easily understand how repulsive this was to a man who, like Bismarck, wished nothing more than that his countrymen should copy, not the details of the English Constitution, but the proud self-reliance which would regard ...
— Bismarck and the Foundation of the German Empire • James Wycliffe Headlam

... addition, the weakest executive in the world. This was the Irish question. What would gentlemen say on hearing of a country in such a position? They would say at once, in such case, the remedy is revolution—not the suspension of the Habeas Corpus Act. But the connexion with England prevented it: therefore England was logically in the active position of being the cause of all the misery of Ireland. What, then, was the duty of an English minister? To effect ...
— An Illustrated History of Ireland from AD 400 to 1800 • Mary Frances Cusack

... is an everlasting suspension of the Habeas Corpus. Upon the bare allegation of misconduct there is no law to restrain the Captain from imprisoning a seaman, and keeping him confined at his pleasure. While I was in the Neversink, the Captain of an American ...
— White Jacket - or, the World on a Man-of-War • Herman Melville

... 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 "constitutional guarantees," in order to secure obedience to particular ...
— England's Case Against Home Rule • Albert Venn Dicey

... German was a nightmare, a thing actually sitting on top of us. In Ireland the Alliance meant the ruin of anything and everything Irish, from the creed of St. Patrick to the mere colour green. But in England also it meant the ruin of anything and everything English, from the Habeas Corpus ...
— The Crimes of England • G.K. Chesterton

... commercial concession would quiet the minds of the Americans as to the political doubts and fears which have struck them to the heart throughout the continent? I answer, no; so long as they are left in doubt whether the Habeas Corpus Act, whether the Bill of Rights, whether the Common Law as now existing in England, have any operation and effect in America, they cannot be satisfied. At this hour they know not whether the civil constitution be not suspended and superseded by the establishment of a military ...
— The Loyalists of America and Their Times, Vol. 1 of 2 - From 1620-1816 • Egerton Ryerson

... great eloquence, so that in spite of his considerable lack of scruples he had won his way to a picturesque popularity and fame. But the crowd would have little of him this day, and an almost continuous uproar drowned out his efforts. The usual catch phrases, such as "liberty." "Constitution," "habeas corpus," "trial by jury," and "freedom," occasionally became audible, but the people were not interested. "See Cora's defender!" cried someone, voicing the general suspicion that Baker had been one of the little gambler's hidden counsel. "Cora!" "Ed. Baker!" "$10,000!" ...
— The Forty-Niners - A Chronicle of the California Trail and El Dorado • Stewart Edward White

... refers doubtless to the effect, upon the Government of the day, of the dread of Revolution in England. There were a few partisans of France and of the Revolution in England; and the panic which followed, though irrational, was widespread. The Habeas Corpus Act was suspended, a Bill was passed against seditious Assemblies, the Press was prosecuted, some Scottish Whigs who clamoured for reform were sentenced to transportation, while one Judge expressed regret that the practice ...
— The Poetical Works of William Wordsworth, Vol. III • William Wordsworth

... Commissioners for Trade and Plantations. The royal governors found in this board ready sympathizers, and were not slow to report their grievances, and to insist upon more stringent regulations for enforcing obedience. Some of the retaliative measures employed were the suspension of the writ of habeas corpus, the abridgment of the freedom of the press and the prohibition of elections. But the colonists generally succeeded in having their own way in the end, and were not wholly without encouragement and sympathy in the English Parliament. It may ...
— Burke's Speech on Conciliation with America • Edmund Burke

... this struggle against the overshadowing suspicion of the Dover Treaty that the Habeas Corpus Act was passed, and that Party took shape in England. In general, the old cavalier families, led by the clergy and the lawyers, acquiesced in the royal prerogative, the doctrine of passive obedience, the absolute ...
— Lectures on Modern history • Baron John Emerich Edward Dalberg Acton

... 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

... examined in the following bulky matters: Geometry, the Solar Spectrum, the Habeas Corpus Act, the British Parliament, and in Metaphysics they were asked to trace the progress of skepticism from Descartes to Hume. It is within bounds to say that some of the results were astonishing. Without doubt, there were students present who justified their teacher's wisdom in introducing ...
— Innocents abroad • Mark Twain

... 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 subjects outside ...
— Native Life in South Africa, Before and Since • Solomon Tshekisho Plaatje

... they take the oath of allegiance to the state before the first of January, with the warning that all not availing themselves in time of this offer will be subject to arrest without bail at the governor's discretion, under the recent act suspending the Habeas corpus. Added to which is a recital of the special act of the Legislature, that all persons who do not at once disperse upon reading of the riot act are to receive thirty-nine lashes and one year's imprisonment, with thirty-nine more lashes at the ...
— The Duke of Stockbridge • Edward Bellamy

... afterward the Earl of Shaftesbury, will ever be remembered for the part he bore in establishing the writ of habeas corpus as a part of the British Constitution. He was a bold, able and profligate man, who marred great abilities by greater vices. He combined within himself all that is dangerous and detestable in ...
— School History of North Carolina • John W. Moore

... Ireland was 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 ...
— The Grand Old Man • Richard B. Cook

... 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. ...
— The Complete Poetical Works of James Russell Lowell • James Lowell

... justice. In result of this conference, the 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 to understand, that an officer refusing ...
— The Adventures of Sir Launcelot Greaves • Tobias Smollett

... might be found, your committee did not deem it either advisable or safe to adopt, without further examination, the suggestions of the President, more especially as he had not deemed it expedient to remove the military force, to suspend martial law, or to restore the writ of habeas corpus, but still thought it necessary to exercise over the people of the rebellious States his military power and jurisdiction. This conclusion derived greater force from the fact, undisputed, that in all those States, except Tennessee, ...
— History of the Thirty-Ninth Congress of the United States • Wiliam H. Barnes

... child was taken away, and the wrong was sanctioned by the highest judicial officer of the State. Two little girls, who had been taken from their mother by their guardian, their father being dead, had taken refuge with her against his wishes; and he brought them into court under a writ of habeas corpus, and the court awarded them to him as against their mother. "The little ones were very much affected," says the "Boston Herald," "by the result of the decision which separated them from their mother; and force was required ...
— Women and the Alphabet • Thomas Wentworth Higginson

... unhappily, quite independent of the action of the popular leaders, the 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 ...
— English Caricaturists and Graphic Humourists of the Nineteenth Century. - How they Illustrated and Interpreted their Times. • Graham Everitt

... in a dream, of the low-minded Charles II. Harrington could not obtain even the show of justice in a public trial. He was kept five months an untried prisoner in the Tower, only sheltered from daily brutalities by bribe to the lieutenant. When his habeas corpus had been moved for, it was at first flatly refused; and when it had been granted, Harrington was smuggled away from the Tower between one and two o'clock in the morning, and carried on board a ship that took him to closer imprisonment on St. Nicholas Island, opposite ...
— The Commonwealth of Oceana • James Harrington

... 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 ...
— Autographs for Freedom, Volume 2 (of 2) (1854) • Various

... him that if he opened his mouth they would blow his brains out. He was not arrested by any process of law, but they were trying to kidnap him. Brother Markham, an old friend of Joseph, ran ahead to the town of Peoria, employed a lawyer, got out a writ of habeas corpus, and had him ...
— The Mormon Menace - The Confessions of John Doyle Lee, Danite • John Doyle Lee

... original jurisdiction in cases of habeas corpus, mandamus, and prohibition; shall have appellate jurisdiction in all cases involving the constitutionality of a law with reference to the Constitution of the State or the United States, or involving the life or liberty of a person, and in other cases prescribed by law. Shall not have jurisdiction ...
— Civil Government of Virginia • William F. Fox

... We must 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 never mind the Chicago Times! The ...
— The Lincoln Story Book • Henry L. Williams

... 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 ...
— The Nuttall Encyclopaedia - Being a Concise and Comprehensive Dictionary of General Knowledge • Edited by Rev. James Wood

... seized all they could secure. They were repulsed, but carried their prisoners with them and delivered them to the tempter, receiving the stipulated pieces of silver for their reward. The Seminole agent had the prisoners brought before the nearest Arkansas judge by Habeas Corpus, and the whole matter was reviewed by this infamous magistrate, who overruled the opinion of the Attorney-General as to their right to reside in their villages, overrode the decision of the President, repealed the treaty-stipulations, pronounced the title of the Creek Indians, and consequently ...
— Atlantic Monthly, Volume 2, Issue 11, September, 1858 • Various

... 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 both ...
— Lincoln • Nathaniel Wright Stephenson

... 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 was feared from the abolitionists and colored people in Boston, the brig Acorn was chartered ...
— The International Monthly, Volume 3, No. 2, May, 1851 • Various

... would follow any such revelation of disgusting abuse; such inhuman treatment of human wrecks. If publicity is necessary to force you to act—and I am sure it will not be necessary—I shall apply for a writ of habeas corpus, and, in proving my sanity to a jury, I shall incidentally prove your own incompetence. Permitting such a whirl-wind reformer to drag Connecticut's disgrace into open court would ...
— A Mind That Found Itself - An Autobiography • Clifford Whittingham Beers

... "that it had been passed as much for the pleasure of bringing the functionaries of the United States into contempt, by exposing their impotence, as from any other cause whatsoever;" they being precluded from resorting to the writ of habeas corpus and injunction because the cases assumed the form of state prosecutions. William Wirt, also, the Attorney-General of the United States, in a letter to Mr. Adams, then Secretary of State, pronounced that law "as being ...
— Memoir of the Life of John Quincy Adams. • Josiah Quincy

... judges; bless your heart they will go before judge after judge and exhort and beseech and pray and shed tears. They always do; and they always win, too. And they will win this time. They will get a writ of habeas corpus, and a stay of proceedings, and a supersedeas, and a new trial and a nolle prosequi, and there you are! That's the routine, and it's no trick at all to a New York lawyer. That's the regular routine —everything's red tape and routine in the law, ...
— The Gilded Age, Complete • Mark Twain and Charles Dudley Warner

... if necessary. The policeman seemed to think that by that time, unless the Grinder were below the sod, his presence above it would certainly be proved. On this occasion the Heytesbury attorney made a very loud demand for Sam's liberation, talking of habeas corpus, and the injustice of carceration without evidence of guilt. But the magistrates would not let him go. "When I'm told that the young man was seen hiding in a ditch close to the murdered man's house, only a few days before the murder, is that no evidence against ...
— The Vicar of Bullhampton • Anthony Trollope

... To prevent this, the War Department issued instructions based on the decision of the United States Supreme Court in Ableman v. Booth, in which Chief Justice Taney had delivered the opinion. These instructions directed that in cases arising under the conscription and recruiting laws, the writ of habeas corpus should be obeyed only when issued by United States courts. With full knowledge of these instructions and of the Supreme Court decision which had been a party shibboleth in the fugitive-slave cases before the war, the Probate judge of the ...
— Military Reminiscences of the Civil War V2 • Jacob Dolson Cox

... defended his own consistency, and attacked the absolute proceedings in France. He changed his front, but he never changed his ground. He was not more passionate against the proscription in France, than he had been against the suspension of Habeas Corpus in the American war. "I flatter myself," he said in the Reflections, "that I love a manly, moral, regulated liberty." Ten years before he had said, "The liberty, the only liberty I mean, is a liberty connected ...
— Burke • John Morley

... Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety ...
— The Rise and Fall of the Confederate Government • Jefferson Davis

... The prescription for compounding that mixture could obviously be learned by nothing but experiment. Traditional means empirical. By instinct, rather than conscious reasoning, Englishmen had felt their way to establishing the 'palladia of our liberties': trial by jury, the 'Habeas Corpus' Act, and the substitution of a militia for a standing army. The institutions were cherished because they had been developed by long struggles and were often cherished when their real justification had disappeared. The Constitution had not been 'made' but had 'grown'; or, in other words, the ...
— The English Utilitarians, Volume I. • Leslie Stephen



Words linked to "Habeas corpus" :   law, writ, jurisprudence, judicial writ



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