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eBook details

• Title: Ex Parte Royall, Petitioner
• Author : United States Supreme Court
• Release Date : January 10, 1884
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

Wm. L. Royall, for motion. The petition which we are asked to grant permission to file prays for a writ of certiorari commanding 'the clerk of the circuit court of the United States for the Eastern district of Virginia to certify to this court a full, true, and perfect transcript of the record, judgment, and proceedings had in the circuit court,' under a writ of habeas corpus, issued by that court on the application of the petitioner, for the purpose of an inquiry into the cause of his detention by the hustings court of the city of Richmond for trial upon an indictment found against him in that court. The circuit court refused to discharge the prisoner, but, on his 'stating that he intended to apply to this * * * court to review the order made by the circuit court,' that court admitted him 'to bail, the condition of his bond being that he should appear here on the first day of the present term, * * * and if this court should fail to make any order in the case, then to appear before the * * * circuit court, * * * and abide by the further order of that court.' The petition further prays that this court 'may make all such other orders as * * * petitioner's case may require, and as may be necessary to give him the full protection of the constitution and laws of the United States. That the cause of * * * petitioner's unlawful custody may be inquired into, and that the erroneous judgment of the circuit court may be reviewed and reversed, and * * * petitioner restored to the liberty of which he has been illegally and unconstitutionally restrained.' This court has no jurisdiction, under the form of an appeal or writ of error, to review a decision of a circuit court upon a writ of habeas corpus in the case of a person 'alleged to be restrained of his liberty in violation of the constitution or of any law or treaty of the United States.' Such an appeal was given by the act of February 5, 1867, c. 28, (14 St. 385,) but it was taken away by the act of March 27, 1868, c. 34, (15 St. 44,) and has never been restored.

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