Ex parte Burford
Supreme Court of the United States
John Atkins Burford, a prisoner confined in the jail of the county of Alexandria, in the district of Columbia, petitioned this court for a habeas corpus, to inquire into the cause of his commitment, alleging that he was confined under and by color of process of the United States, and praying for a certiorari to the clerk of the circuit court of the district of Columbia, for the county of Washington, to certify the record by which his cause of commitment might be examined,…
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John Atkins Burford, a prisoner confined in the jail of the county of Alexandria, in the district of Columbia, petitioned this court for a habeas corpus, to inquire into the cause of his commitment, alleging that he was confined under and by color of process of the United States, and praying for a certiorari to the clerk of the circuit court of the district of Columbia, for the county of Washington, to certify the record by which his cause of commitment might be examined, and its legality investigated. To the petition was annexed a copy of his commitment, certified by the jailer of Alexandria…
1Opinion of the Court
The Judges of this Court were unanimously of opinion, that the warrant of commitment was illegal, for want of stating some good cause certain, supported by oath. If the circuit court had proceeded de novo, perhaps, it might have made a difference. But this court is of opinion, that that court has gone only upon the proceedings before the justices. It has gone so far as to correct two of the errors committed, but the rest remain. If the prisoner is really a person of ill fame, and ought to find sureties for his good behavior, the justices may proceed de novo, and take care that their…
2Cited by1 opinion
- Ex Parte BurfordSupreme Court of the United States · 1806