A Treatise On the Rights And Privileges Guaranteed By the Fourteenth Amendment T
A Treatise On the Rights And Privileges Guaranteed By the Fourteenth Amendment T
Henry Brannon
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V. Parkhurst-Davis Co. 176 U. S. 317; Iron Mountain R. Co. V. City of Memphis, 96 F. 113. 432 RIGHTS AND PRIVILEGES UNDER Chapter 20. HABEAS COEPUS. This great writ of liberty, the Habeas Corpus, belong- ing to all common law courts under their original ju- risdiction, once had narrow office in the federal judi- ciary. Under the Act of 1789 it could not reach pris- oners held under state authority. In 1832, when nul- lification of federal revenue laws was threatened or ex- isted in South Caroli...na, and federal officers were prose- cuted there in state courts for acting under those laws, Congress extended the writ of habeas corpus for the res- cue of persons confined under state authority for acts done as federal officers. In 1842 the writ was extended to those in custody for acts d6ne under color of authority of a foreign country, in order to thus vindicate the rights of a foreign country under the law of nations. In 1867 the writ of habeas corpus in federal courts was extended to all persons restrained of liberty in violation of the Constitution, laws or treaties of the United States.
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