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Habeas corpus   /hˈæbiəs kˈɔrpəs/   Listen
Habeas corpus

noun
1.
A writ ordering a prisoner to be brought before a judge.  Synonym: writ of habeas corpus.
2.
The civil right to obtain a writ of habeas corpus as protection against illegal imprisonment.






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"Habeas corpus" Quotes from Famous Books



... Restoration: Reaction 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 Act; Plague ...
— Ontario Teachers' Manuals: History • Ontario Ministry of Education

... 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 man, his decision ...
— The Journal of Negro History, Volume 3, 1918 • Various

... 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 was a small insurrection in Ireland. It was an absurd ...
— Speeches on Questions of Public Policy, Volume 1 • John Bright

... 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 to remove them from the court-room. ...
— Women and the Alphabet • Thomas Wentworth Higginson

... embezzlement, or 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

... jurisdiction of the High Court, but 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 controversies between subjects in whatever division of the High Court. The stages in an ...
— Project Gutenberg Encyclopedia

... 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 ...
— A Compilation of the Messages and Papers of the Presidents, - Vol. 2, Part 3, Andrew Jackson, 1st term • Edited by James D. Richardson

... 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

... 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.

... true that the 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 Reminiscences of an Irish Land Agent • S.M. Hussey

... Jefferson, though emphatically warned, had refused to lend it any credence whatever; but when the danger was well over he had thrown the whole country into a panic, and had even asked Congress to suspend the writ of habeas corpus. The Federalists and the President's enemies within his own party, headed by the redoubtable Randolph, were instantly alert to the opportunity which Jefferson's inexplicable conduct afforded them. "The mountain had labored and brought forth a mouse," quoted the supercilious; the executive ...
— John Marshall and the Constitution - A Chronicle of the Supreme Court, Volume 16 In The - Chronicles Of America Series • Edward S. Corwin

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

... 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

... HABEAS CORPUS ACT.—In 1679 the Habeas Corpus Act was passed, providing effectually against the arbitrary imprisonment of subjects. Persons arrested must be brought to trial, or proved in open court to be ...
— Outline of Universal History • George Park Fisher

... 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 stain the pages of our present history, before we exasperate ...
— Annie Besant - An Autobiography • Annie Besant

... 'Bellerophon' was ordered to be ready at a moment's 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 to serve the document; but he ...
— The Memoirs of Napoleon Bonaparte • Bourrienne, Constant, and Stewarton

... 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

... 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, ...
— Proposed Roads To Freedom • Bertrand Russell

... 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 curb ...
— Atlantic Monthly, Volume 14, No. 84, October, 1864 - A Magazine Of Literature, Art, And Politics • Various

... 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 necessity made him eloquent, and he managed to disperse the ...
— An Historical Mystery • Honore de Balzac

... on 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 constitution, to ...
— The Book of Anecdotes and Budget of Fun; • Various

... peaceful, inoffensive, orderly, and perfectly innocent processions upon pretence that they are constructively unlawful, is unconstitutional tyranny. Was it done because the ministers discovered that the terror of suspended habeas corpus had not in this matter stifled public opinion? Of course, if anything be prohibited by government, the people obey—of course I obey. I would not have held the procession had I not understood that it was permitted. But understanding that it was permitted, ...
— The Wearing of the Green • A.M. Sullivan

... 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

... necessary for some time to withhold them. A further question was then followed by a decision of the same import, that the judges in such a case were not bound to give up the prisoner even if a writ of habeas corpus were presented. Charles then proceeded to a third question, to which no doubt he attached the most importance. If he accepted the petition of the Commons, did he surrender for ever the right of ordering imprisonment without assigning ...
— A History of England Principally in the Seventeenth Century, Volume I (of 6) • Leopold von Ranke

... 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

... 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 ...
— The English Utilitarians, Volume I. • Leslie Stephen

... living as a 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

... will preserve union on 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 can only be judiciously exerted by itself) of consulting the means ...
— 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

... 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, ...
— Memoirs of Three Civil War Generals, Complete • U. S. Grant, W. T. Sherman, P. H. Sheridan

... opinion, and 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 ...
— The Disentanglers • Andrew Lang

... found Harpiton diligently assisting in his recovery, more in the fear of losing his place than in that of losing his master: the prince's first inquiry was for the prisoner he had been on the point of taking at the moment when his habeas corpus was so unseasonably suspended. He was told that his people had been on the point of securing the said prisoner, when the devil suddenly appeared among them in the likeness of a tall friar, having his grey frock cinctured with a sword-belt, ...
— Maid Marian • Thomas Love Peacock

... 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 ...
— Thomas Jefferson • Edward S. Ellis et. al.

... 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 ...
— The Life and Work of Susan B. Anthony (Volume 2 of 2) • Ida Husted Harper

... November he was conveyed, under a strong guard from the Tower, to Westminster; he was brought to the bar, by virtue of a Habeas Corpus, and the record of his former conviction and attainder was at the same time removed there by Certiorari. These being read to him, the prisoner prayed that counsel might be allowed him; and named Mr. Ford and Mr. Jodrel, who were accordingly assigned to him ...
— Memoirs of the Jacobites of 1715 and 1745 - Volume III. • Mrs. Thomson

... 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 of Parliament; Speech of the King; an Opposition ...
— The History of England from the Accession of James II. - Volume 2 (of 5) • Thomas Babington Macaulay

... 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

... 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 ...
— The International Monthly, Volume 3, No. 2, May, 1851 • Various

... Virginia, as his slaves, were brought before Judge Paine, 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. ...
— The Fugitive Slave Law and Its Victims - Anti-Slavery Tracts No. 18 • American Anti-Slavery Society

... 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 ...
— The Greville Memoirs - A Journal of the Reigns of King George IV and King William IV, Vol. II • Charles C. F. Greville

... authorities were moved to protest, the militia had arrested them—even the judges of the civil courts had been forbidden to sit, under threat of imprisonment. "To hell with the constitution!" had been the word of the general in command; his subordinate had made famous the saying, "No habeas corpus; we'll give them post-mortems!" ...
— King Coal - A Novel • Upton Sinclair

... it across the apartment to let them in. The four burly men wavered before his eyes, and there was a roaring and a darkness in his head. They arrested him without ceremony on suspicion of treason, which meant that habeas corpus and even the right of trial didn't apply. Two of them escorted him to a car, the other two stayed ...
— Security • Poul William Anderson

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

... 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 ...
— A History of the United States • Cecil Chesterton

... 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 History of Mary Prince - A West Indian Slave • Mary Prince

... the 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 ...
— 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 ...
— History of the United States, Volume 6 (of 6) • E. Benjamin Andrews

... I 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

... race. It is as Mr. Chamberlain has said, liberty under law. It is liberty, not license; civilization, not barbarism; it is liberty clad in the celestial robe of law, because law is the only authoritative expression of the will of the people, representative government, trial by jury, habeas corpus, freedom of speech and of the press—why, Mr. Chairman, they are the family heirlooms, the family diamonds, and they go wherever in the wide world go the family name ...
— Model Speeches for Practise • Grenville Kleiser

... policy of General Monk, after Cromwell's death, was restored to 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 ...
— The Nuttall Encyclopaedia - Being a Concise and Comprehensive Dictionary of General Knowledge • Edited by Rev. James Wood

... alarming at every return, until they wholly subside. I have no doubt he will remain a jolly old widower for the rest of his life, as he has already inquired of me, with much gravity, whether a writ of habeas corpus would enable him to settle his property upon Tony beyond the possibility of recall; and has, in my presence, conjured his son, with tears in his eyes, that in the event of his ever becoming amorous again, he will put him in a strait-waistcoat until the fit is past, and distinctly inform ...
— Master Humphrey's Clock • Charles Dickens

... 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

... no one, and it is far 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 ...
— At the Mercy of Tiberius • August Evans Wilson

... disposition of 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 officer was justified in making the arrest, ...
— Recollections of Forty Years in the House, Senate and Cabinet - An Autobiography. • John Sherman

... speeches against Church 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 ...
— Poor Jack • Frederick Marryat

... made." He praised the militia, and, while wishing for peace, declared that "Canada must prepare for war, relying on England's support in her hour of peril." He asked the Legislature to assent to three things of vital importance—the suspension of the Habeas Corpus Act, the passage of a law to regulate the privileges of aliens, and an Act providing for rewards to be paid to the captors ...
— The Story of Isaac Brock - Hero, Defender and Saviour of Upper Canada, 1812 • Walter R. Nursey

... 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 your ...
— Pardners • Rex Beach

... of this examination, 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 ...
— The Lives of the Poets of Great Britain and Ireland (1753) - Vol. IV • Theophilus Cibber

... chivalry and imaginary 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 • Sir Walter Scott

... juris [Lat.], constitution, pandect^, charter, enactment, 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 ...
— Roget's Thesaurus of English Words and Phrases: Body • Roget

... much of the tyranny of the present government of the United States, and of the tyranny also of the people. They have both been very tyrannical. The "habeas corpus" has been suspended by the word of one man. Arrests have been made on men who have been hardly suspected of more than secession principles. Arrests have, I believe, been made in cases which have been destitute even of any fair ground for such suspicion. Newspapers have been ...
— Volume 1 • Anthony Trollope

... the eminent law writer, who was born about 1741, was the son of Christopher Hargrave of Chancery Lane. He entered as a student at Lincoln's Inn in 1760, and in 1772 he greatly distinguished himself in the Habeas Corpus case of James Sommersett, a negro. Soon afterwards he was appointed one of the king's counsel, and in 1797 he was made Recorder of Liverpool. He was also for many years Treasurer of Lincoln's Inn. In 1813, in consequence of the impaired state of Hargrave's ...
— English Book Collectors • William Younger Fletcher

... court house, and how greedily your judges stooped to go under! This Anaconda of the Dismal Swamp wound its constricting twists about the neck of all your courts, and the Judges turned black in the face, and when questioned of law, they could not pronounce "Habeas Corpus," "Trial by Jury," nor utter a syllable for the Bible or the Massachusetts Constitution, but only wheeze and gurgle and squeak and gibber out their defences of Slavery! No, Boston could not bewray a woman wandering towards freedom, without chaining ...
— The Trial of Theodore Parker • Theodore Parker

... there is no reason why Connecticut should get all the abuse and criticism which 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

... violently denounced by the opposition as a tyrant and a usurper, for having gone beyond his constitutional powers in authorizing or permitting the temporary suppression of newspapers, and in wantonly suspending the writ of habeas corpus and resorting to arbitrary arrests. Nobody should be blamed who, when such things are done, in good faith and from patriotic motives protests against them. In a republic, arbitrary stretches of power, even when demanded by necessity, should never be permitted to pass without ...
— The Papers And Writings Of Abraham Lincoln, Complete - Constitutional Edition • Abraham Lincoln

... 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 because it is a Government—let it not be forgotten that when events heretofore ...
— Continental Monthly, Vol. III, No IV, April 1863 - Devoted to Literature and National Policy • Various

... 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 ...
— Sixes and Sevens • O. Henry

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

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

... the 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 ...
— Continental Monthly, Vol. 5, Issue 2, February, 1864 • Various

... 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!" "Out of that, you old reprobate!" ...
— The Forty-Niners - A Chronicle of the California Trail and El Dorado • Stewart Edward White

... 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 county seemed ...
— Military Reminiscences of the Civil War V2 • Jacob Dolson Cox

... twice sent a committee to the governor to endeavour to obtain a reprieve. Lord Vaughan, however, refused to listen and gave orders for immediate execution. Half an hour after the hanging, the provost-marshal appeared with an order signed by the speaker to observe the Chief-Justice's writ of Habeas Corpus, whereupon Vaughan, resenting the action, immediately dissolved ...
— The Buccaneers in the West Indies in the XVII Century • Clarence Henry Haring

... 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 ...
— The Life of Napoleon I (Volumes, 1 and 2) • John Holland Rose

... 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 Kingdom of Sardinia, ...
— Glances at Europe - In a Series of Letters from Great Britain, France, Italy, - Switzerland, &c. During the Summer of 1851. • Horace Greeley

... of 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 ...
— The Grand Old Man • Richard B. Cook

... his body before the court of king's bench or common pleas; who shall determine whether the cause of his commitment be just, and thereupon do as to justice shall appertain. And by 31 Car. II. c. 2. commonly called the habeas corpus act, the methods of obtaining this writ are so plainly pointed out and enforced, that, so long as this statute remains unimpeached, no subject of England can be long detained in prison, except in those cases ...
— Commentaries on the Laws of England - Book the First • William Blackstone

... according to the letter he (Concklin) wrote to Mr. D. Stewart, Mr. Concklin did not abandon them, but risked his own liberty to save them. He was not with them when they were taken; but went afterwards to take them out of jail upon a writ of Habeas Corpus, when they seized him too and lodged ...
— The Underground Railroad • William Still

... 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

... deliverance, and then for prosecuting and punishing the 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

... men in English frock-coats, instead of the French dress, 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

... citizens of France. All such he ordered out of the city. Mr. Louaillier, a leading citizen, published a protest, and Jackson promptly arrested him. Judge Hall, of the United States District Court, issued a writ of habeas corpus for the prisoner, and Jackson as promptly arrested the judge himself, and did not release him until, early in March, official notice of the peace was received. The judge fined the general a thousand dollars for contempt of court, and nearly thirty years afterwards the American Congress voted money ...
— Andrew Jackson • William Garrott Brown

... depended upon, in a case of emergency, had most readily, liberally, and loyally, met the demands of the public service. The men who feared martial law, and could not tolerate the withholding of the Habeas Corpus, came forward nobly to defend from outward attack the dominions of their king. The whole province was bursting with warlike zeal. A military epidemic seized old and young, carrying off the latter in extraordinary numbers. Montreal, ...
— The Rise of Canada, from Barbarism to Wealth and Civilisation - Volume 1 • Charles Roger

... Statute of 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; ...
— Popular Law-making • Frederic Jesup Stimson

... for assailing the Ogre. She would descend to-morrow morning upon the Putney house, a living flamboyant writ of Habeas Corpus. Mr. Brumley, who had been putting two and two together, was abruptly moved to tell of the sale of Black Strand. "They may be there," ...
— The Wife of Sir Isaac Harman • H. G. (Herbert George) Wells

... 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 ...
— Ginx's Baby • Edward Jenkins

... 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 ...
— The History of Tom Jones, a foundling • Henry Fielding

... ecclesiastical appointments; every Biscayan was noble, and his house was inviolable; there was perfect equality of civil rights. In short, those Basques flourished under the amplest measure of Home Rule, and had all the benefits of the Habeas Corpus Act under another name long before that Bill was legalized by the Parliament of Charles II. The liberty-loving Basques were tolerant as well as independent. The Inquisition was never vouchsafed breathing-room in their midst. When ...
— Romantic Spain - A Record of Personal Experiences (Vol. II) • John Augustus O'Shea

... 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 to the district jail. This conservative, Southern judge said of the petition ...
— Jailed for Freedom • Doris Stevens

... 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 ...
— The Prose Works of William Wordsworth • William Wordsworth

... argument, in which a manumission was produced for Nancy, from R.D. Cooper's father, she and her children were discharged, but her husband was remanded; on which a certiorari was served on the judge, and a habeas corpus placed ...
— The Underground Railroad • William Still

... expired were never given up, nor could their masters successfully claim them in law. They dropped like ripe fruit into the lap of Admiralty. On the other hand, apprentices pressed within the three years' exemption period were generally discharged, for if they were not, they could be freed by a writ of Habeas Corpus, or else the masters could maintain an action for damages against the Admiralty. [Footnote: Admiralty Records 7. 300—Law Officers' Opinions, 1778-83, No. 25.] 'Prentices who "eloped" or ran away from their masters, and then entered voluntarily, could not be reclaimed by any known process ...
— The Press-Gang Afloat and Ashore • John R. Hutchinson

... while on the other hand, we insist on keeping individuals locked up in hospitals for the insane, whether or no they show actual psychotic symptoms. If one of the latter class endeavors to obtain his release by habeas corpus, a tremendous howl is immediately raised by the public about the "insanity dodge", the worthlessness of expert testimony and the unpardonable offense of letting loose upon society a dangerous criminal. ...
— Studies in Forensic Psychiatry • Bernard Glueck

... civilising progress, to the Queen, she, too, 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

... Legislatures; the Proclamations of Commanding Officers; the 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, &c., are related ...
— The Continental Monthly, Vol 2, No 6, December 1862 - Devoted to Literature and National Policy • Various



Words linked to "Habeas corpus" :   civil right, writ of habeas corpus, law, writ, judicial writ, jurisprudence



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