Field v. Walker
Supreme Court of Alabama
Certiorari to the Judge of the County Court of Tuscaloosa. This was a proceeding by habeas corpus, sued out at the instance of the defendants in error. The facts sufficiently appear in the opinion of the Court. — The question of freedom cannot be tried in fhis state upon a writ of habeas corpus sued out by a colored person, held in bondage or claimed as a slave.
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Certiorari to the Judge of the County Court of Tuscaloosa. This was a proceeding by habeas corpus, sued out at the instance of the defendants in error. The facts sufficiently appear in the opinion of the Court. — The question of freedom cannot be tried in fhis state upon a writ of habeas corpus sued out by a colored person, held in bondage or claimed as a slave. In such case the proceeding must be by petition in the mode provided by the statute. — Clay’s Dig. 462-542, § 19 ; 3 Blacks. Com. 130-’l-’2; Lewis v. Fullerton, 1 Rand. 15; Dudley’s Geo. Rep. 42-46 ; Thornton v. Demoss, 5 Smedes & M.…
1Opinion of the CourtChilton, J.
The view we take of - this case renders it unnecessary to express any opinion upon the important and delicate questions presented by the record, and so-elaborately and ably argued by the counsel, involving the construction of that provision in the Federal Constitution and the law of Congress of 1793, made in conformity therewith,' respecting slaves, or persons bound to service, or held to labor in one state and escaping into another.
The question which according to our view renders further inquiry unnecessary, is, can the defendants, who claim to be free persons of color, and who assert they…
2Cases cited3 opinions
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3Cited by7 opinions
- Ex parte CroomSupreme Court of Alabama · 1851
- Ex parte GoodSupreme Court of Arkansas · 1858
- Ex parte BoyntonSupreme Court of Alabama · 1870
- Guilford v. HicksSupreme Court of Alabama · 1860
- Matthews v. HobbsSupreme Court of Alabama · 1874
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