Legal Opinion
Ex parte Caldwell
U.S. Circuit Court for the District of Northern West Virginia
Decided June 13, 1905PublishedCited by 3 opinions
1Opinion of the Court
DAYTON, District Judge.
Article 1, § 9, of the Constitution of the United States provides that “the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.” This provision is not a grant of power to the federal courts, but a prohibition against its suspension"by Congress or the executive. The right existing in federal courts to issue the writ is purely a statutory one conferred by sections 716, 751, 752, and 753 of the Revised Statutes [U. S. Comp. St. 1901, pp. 580, 592].
Section 751: “The Supreme Court and…
2Cases cited13 opinions
- Ex Parte RoyallSupreme Court of the United States · 1886
- Kilbourn v. ThompsonSupreme Court of the United States · 1881
- In Re NeagleSupreme Court of the United States · 1890
- Ex Parte Tom TongSupreme Court of the United States · 1883
- Whitten v. TomlinsonSupreme Court of the United States · 1895
8 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State Ex Rel. County Court of Marion County v. DemusWest Virginia Supreme Court · 1964
- State Ex Rel. Sigler v. ChildersSupreme Court of Oklahoma · 1923
- Shelby v. Second National Bank, Pennsylvania Court of Common Pleas, Fayette County1933