Autobiography of Charles Clinton Nourse: Prepared for use of Members of the Family — John Shaqi
Autobiography of Charles Clinton Nourse: Prepared for use of Members of the FamilyNourse, Charles Clinton
History
Autobiography of Charles Clinton Nourse: Prepared for use of Members of the Family
Nourse, Charles Clinton
Iowa -- Politics and government; Lawyers -- Iowa -- Biography; Nourse, Charles Clinton, 1829-
Mr. Stansbury very courteously explained that the difficulty was not in
the use of the terms proposed, but it was because his friend did not
understand the nature of these writs. For the benefit of Mr. Sawyer he
explained their meaning, but suggested that the use of any English
terms or words would not make the character of the writs any better
understood to those who are not familiar with the law. He said that the
literal meaning of the words "habeas corpus" was to have the body, and
the writ was issued in case any one complained of being illegally
imprisoned, or restrained of their personal liberty, and was intended
for the purpose of having the body of the person in whose behalf the
writ was issued brought before the court, in order that the cause of
his restraint or imprisonment might be inquired into and its legality
or illegality be determined; that to call the writ, a writ to have the
body, would not make the term any more intelligent than to use the
words "habeas corpus."
That the word "procedendo" simply meant to proceed or go ahead, and was
a name of a writ that was issued by the appellate court to an inferior
tribunal, authorizing them to proceed in accordance with the opinion of
the appellate court. Out of respect to the character of a man who had
become famous in the west, of an early day, he would suggest to his
friend Sawyer that this writ might be called a writ of "David Crocket,"
as it was a favorite motto of that individual to "Be sure you are right
and then go ahead."
That the literal meaning of the words "quo warranto" was, "Why do you
do it?" It was a writ issued by some superior court to an inferior
court or tribunal, corporation or officer, to ascertain by what
authority they exercised certain powers; that the only term in English
that would express the particular character of the writ would be the
words, "Why do you do it?"
The writ of "mandamus" was a writ issued by the court commanding some
inferior tribunal or officer to do and perform certain duties which
were required by law and which he had refused to perform. That the only
words in the English language that would properly define the character
of this writ would be, "Do it, damn you."
It is not necessary to add that Mr. Sawyer gave the convention no
further trouble in regard to the Latin names of these writs.
CHAPTER II
EARLY EXPERIENCES IN IOWA
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