Legal Opinion

United States v. Bishop

Supreme Court of Pennsylvania

Decided September 15, 1800PublishedCited by 4 opinions

Captain Bishop, bearing a commission in the army of the United States, was put under an arrest, and tried by a court martial, for a misdemeanor in defrauding the soldiers of their rations. Immediately after the proceedings were closed, and before the same were transmitted to the president of the United States, for his determination thereon, Conrad Crémor, the special bail of Bishop, in sundry suits in Frederick county in Virginia, offered to arrest him under the bail pieces.

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Captain Bishop, bearing a commission in the army of the United States, was put under an arrest, and tried by a court martial, for a misdemeanor in defrauding the soldiers of their rations. Immediately after the proceedings were closed, and before the same were transmitted to the president of the United States, for his determination thereon, Conrad Crémor, the special bail of Bishop, in sundry suits in Frederick county in Virginia, offered to arrest him under the bail pieces. Mr. Ingersoll, attorney for the district of Pennsylvania, now moved the court for a habeas corpus to bring up the body…

1Opinion of the Court

By the Court.

Captain Bishop must be remanded to the military tribunal, until the sentence of the court martial be executed, according to the discretion of the president. After this, he should be delivered over to the bail. A contrary decision would be attended with the greatest inconveniences.

* Whereupon lieutenant Robins Chamberlayne, undertook in open court, that the commanding officer at fort *[38 Jay should surrender Bishop to his bail, after the sentence of the court martial should be complied with.

2Cited by4 opinions

  1. United States v. StevensUnited States Circuit Court · 1883
  2. Holsey v. TrevilloSupreme Court of Pennsylvania · 1837
  3. In re Von Der AheU.S. Circuit Court for the District of Western Pennsylvania · 1898
  4. Commonwealth v. BrickettMassachusetts Supreme Judicial Court · 1829

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