Richard Henry Dana, a Biography

Cover Richard Henry Dana, a Biography
Richard Henry Dana, a Biography
Adams, Charles Francis, 1835-1915. [from Old Catalog]
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On my persisting he stated, fts an objection, that it was not signed by the man himself. I reminded him that ' the statute permitted the petition to be made by the party imprisoned, " or by some one in his behalf." (He must also have known that in the worst cases, where the writ is most needed, a prisoner cannot sign the petition himself. Sometimes even the place Digitized by Google 1851. THE FUGITIVE SLAVE CASES. 181 of his imprisonment is unknown.) He replied, " There is no evidence that it i...s in his behalf.
There is no evidence of his authority." I asked, " Do you require proof of authority ? What proof do you require, sir ? " He replied, " It is enough for me to say that the petition is not sufficient." He then added, "The petition shows on its face that the writ cannot issue. It shows that the man is in legal custody of a United States marshal." I replied that the petition did not refer to any officer, but only gave Mr. Riley's name, and that the fact of legal cus- tody must appear on the return.


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