People ex rel. Starkweather v. Gaul
New York Supreme Court
ÁWRIT of habeas corpus was issued herein to the defendant, to produce the body of Samuel Starkweather, the son of the relator, alleged to be detained improperly by the defendant. It appeared that the son was under seventeen years of age, and had been fraudulently enlisted.
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ÁWRIT of habeas corpus was issued herein to the defendant, to produce the body of Samuel Starkweather, the son of the relator, alleged to be detained improperly by the defendant. It appeared that the son was under seventeen years of age, and had been fraudulently enlisted. The defendant retured to the writ that he held said Samuel as a prisoner as an enlisted man in the United States army'; that he was the officer in command at the barracks in which young Starkweather is restrained; that he held him as a prisoner in no other manner than as an enlisted man, and he refused to produce the body…
1Opinion of the CourtPeckham, J.
The chief question presented here is, whether the act of congress authorized the president to issue his proclamation suspending the privilege of the writ of habeas corpus in cases of this character.
The proclamation is based upon the act. It recites the act, and assumes "to speak under its authority. When this act was passed, (March 3,1863,) it had been adjudged by the chief justice of the supreme court of the United States that the president had no authority of himself to suspend the *99privilege of this writ. The attorney general, I am aware, has given a contrary opinion. Courts, however, are…
2Cases cited2 opinions
- Newell v. People Ex Rel. PhelpsNew York Court of Appeals · 1852
- In re HopsonNew York Supreme Court · 1863
3Cited by5 opinions
- Gillin v. CanaryAppellate Terms of the Supreme Court of New York · 1897
- Moulton v. BeecherNew York Supreme Court · 1876
- In re ReynoldsDistrict Court, N.D. New York · 1867
- Gabel v. Williams, New York County Courts1904
- People v. MarxNew York Supreme Court · 1885