Holmes v. Jennison
Supreme Court of the United States
IN error to the Supreme Court of Judicature of the State of Vermont. On the 19th of July, 1839, George Holmes presented a petition to the Supreme Court of the State of Vermont, then in session, setting forth that he was in the custody of John Starkweather, sheriff of the county of Washington, in the common jail of Montpelier, under a warrant bearing date the 16th of April, 1839, issued by Silas H. Jennison, Governor of Vermont; and that he was unlawfully imprisoned and…
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IN error to the Supreme Court of Judicature of the State of Vermont. On the 19th of July, 1839, George Holmes presented a petition to the Supreme Court of the State of Vermont, then in session, setting forth that he was in the custody of John Starkweather, sheriff of the county of Washington, in the common jail of Montpelier, under a warrant bearing date the 16th of April, 1839, issued by Silas H. Jennison, Governor of Vermont; and that he was unlawfully imprisoned and restrained of his personal liberty. He prayed for a writ of habeas corpus to be directed to the sheriff. The writ was issued,…
1Opinion of the Court
Mr. Chief Justice Taney:
The Court have held this case under consideration for some time;, and as the end of the term is now approaching, it is proper to dis'pose of it. The members of the Court, after the fullest discussions, are.so divided that' no opinion'can be delivered as the opinion of the Court. . It is, however, deemed advisable, in order to prevent' mistakes or misconstruction, to state the opinions we have respectively formed. And in the opinion which I am now about to express, I am authorized to say, that my Brothers Story, M'Lean, arid Wayne, entirely concur.
This case presents a…
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