Legal Opinion

Wildenhus's Case

Supreme Court of the United States

Decided January 10, 1887No. 1288PublishedCited by 128 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED gTATES FOR THE DISTRICT OF NEW JERSEY. This appeal brought up an application made to the Circuit Court of the United States for the District of New Jersey, by Charles Mali, the “ Consul of His Majesty the King of the Belgians, for the States of New York and New Jersey, in the United States,” for himself as such consul, “ and in behalf of one Joseph Wildenhus, one Gionviennie Gobnbosich, and one John J. Ostenmeyer,” for the release,…

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED gTATES FOR THE DISTRICT OF NEW JERSEY. This appeal brought up an application made to the Circuit Court of the United States for the District of New Jersey, by Charles Mali, the “ Consul of His Majesty the King of the Belgians, for the States of New York and New Jersey, in the United States,” for himself as such consul, “ and in behalf of one Joseph Wildenhus, one Gionviennie Gobnbosich, and one John J. Ostenmeyer,” for the release, upon a writ of habeas corptcs, of Wildenhus, Gobnbosich, and Ostenmeyer from the custody of the keeper of the common…

1Opinion of the Court

By §§ 751 and 753 of the Kevised Statutes the courts of the. United States have power to issue writs of habeas corpus which shall extend to prisoners in jail when they are in “ custody in violation of the Constitution or a law or treaty of the United States,” and the question we have to consider is, whether these prisoners are held in violation of the provisions of the existing treaty between the United States and Belgium.

It is part of the law of civilized nations that when a merchant vessel of one country enters the ports of another for the purposes of trade, it subjects itself co the law of…

2Cases cited2 opinions

  1. Schooner Exchange v. McFaddonSupreme Court of the United States · 1812
  2. United States v. DiekelmanSupreme Court of the United States · 1876

3Cited by128 opinions

  1. Romero v. International Terminal Operating Co.Supreme Court of the United States · 1959
  2. Lauritzen v. LarsenSupreme Court of the United States · 1953
  3. National Labor Relations Board v. Catholic BishopSupreme Court of the United States · 1979
  4. United States v. Wong Kim ArkSupreme Court of the United States · 1898
  5. McCulloch v. Sociedad Nacional De Marineros De HondurasSupreme Court of the United States · 1963

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