The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
An insurrection broke out in Canada in 1837, and a New York
steamboat was chartered to bring supplies across the Niagara
River to those engaged in it. One night when she was moored on
the New York side of the river a party of loyal Canadians seized
and burned her. During the accompanying affray an American was
killed. A Canadian named McLeod, who was charged with having
fired the fatal shot, was afterwards arrested in New York and
indicted for murder. The British government then informed ours
that it had ordered the burning of the steamer, and thereupon
demanded McLeod's release. Our Secretary of State replied that
the prosecution was in the hands of the State of New York, and
the United States had no control over it. Lord Palmerston made
the affair the subject of a dispatch, in which he stated that
McLeod's execution would produce "a war of retaliation and
vengeance." The President at once requested the Governor of New
York to order a discontinuance of the prosecution. This was
declined, but with a promise to grant a pardon in case of
conviction.[Footnote: Lothrop, "Life of William H. Seward," 35.]
The State courts refused to discharge the prisoner. He was tried
on the original charge, but acquitted.
Congress in 1842 did what it could to prevent the recurrence of
such a conflict of authority by passing an Act giving the Circuit
and District Courts of the United States jurisdiction on
_habeas corpus_ proceedings in favor of foreigners held by
State authority, who might claim a right of release under the
principles of international law.[Footnote: U. S. Revised
Statutes, Sec. 762.]
The Circuit Court has since 1875 been given power to entertain
original jurisdiction of any causes arising under the
Constitution, laws or treaties of the United States, regardless
of the citizenship of the parties, if a value of $2,000 is
involved. In all cases, also, of imprisonment by State
authority, whether under arrest before trial or after a sentence
of conviction, in violation of rights claimed under the
Constitution, laws or treaties of the United States, the prisoner
may now be summarily discharged on a writ of _habeas corpus_
by a court or judge of the United States. Ordinarily, however,
as a matter of comity, he will be left to seek his remedy in the
State courts, and if without success there, on a writ of error
from the Supreme Court of the United States.[Footnote: _In
re_ Neagle, 135 U. S. Reports, 1; _Ex parte_ Royall, 117
U. S. Reports, 241.]
The State courts have no power to release on _habeas corpus_
one who is held under the authority of the United States. If
that authority has been illegally exerted, his remedy is in the
federal courts alone.[Footnote: Ableman _v._ Booth, 21
Howard's Reports, 506.]
The cases in which a State can be sued in an original suit in the
Supreme Court of the United States are defined in the
Constitution and, as limited by the eleventh amendment to it, are
quite few.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account