Ex parte Gist
Supreme Court of Alabama
APPLICATION for tho writs of habeas corpus and certiorari to bring before this court (with the body of the petitioner) certain proceedings had before the Hon. A. J. "Walker, chancellor, &c., on the petition of Jerome B. Gist 'to obtain his discharge from confinement in the county jail of Madison.
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APPLICATION for tho writs of habeas corpus and certiorari to bring before this court (with the body of the petitioner) certain proceedings had before the Hon. A. J. "Walker, chancellor, &c., on the petition of Jerome B. Gist 'to obtain his discharge from confinement in the county jail of Madison. The petition averred that the prisoner was arrested by the United States marshal of the Northern District of Alabama, under a warrant issued to him by a justice of the peace in Madison county, upon the affidavit of the postmaster at Huntsville charging said Gist with having robbed the United States…
1Opinion of the CourtChilton, C. J.
— The petitioner was committed to jail, and detained under a warrant of commitment for robbing the United States mail, issued by a justice of the-peace of Madison county, in conformity to the 33d section of the act of Congress approved 24th September, 1789.—1 Stat. at Large 91, § 33.
It is not denied that Congress may constitutionally pass the law for the violation of which the prisoner stands committed ; but it is insisted for the petitioner, that the 33d section of the judiciary act confers judicial power upon a State officer, in violation of section 1, article III, and the second clause of…
2Cases cited5 opinions
- Prigg v. PennsylvaniaSupreme Court of the United States · 1842
- Stuart v. LairdSupreme Court of the United States · 1803
- In Re KaineSupreme Court of the United States · 1853
- Hepburn and Dundas's Heirs v. Dunlop & Co.Supreme Court of the United States · 1816
- Gaines v. HarvinSupreme Court of Alabama · 1851
3Cited by23 opinions
- Daniels v. PeopleMichigan Supreme Court · 1859
- Ex parte StateSupreme Court of Alabama · 1883
- State v. KellyNew Mexico Supreme Court · 1921
- State Ex Rel. Miller v. HuserSupreme Court of Oklahoma · 1919
- Levin v. United StatesCourt of Appeals for the Eighth Circuit · 1904
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