Legal Opinion

Runaways

U.S. Circuit Court for the District of District of Columbia

Decided November 15, 1834PublishedCited by 2 opinions

The following questions were submitted to Cranch, C. J., by the Attorney of the United States, and the Marshal. Whether the United States are liable to the marshal for the maintenance of free colored persons committed by justices of the peace as runaways, and discharged on habeas corpus.

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The following questions were submitted to Cranch, C. J., by the Attorney of the United States, and the Marshal. Whether the United States are liable to the marshal for the maintenance of free colored persons committed by justices of the peace as runaways, and discharged on habeas corpus. And also for the maintenance of petitioners for freedom, committed by order of the Court for safe keeping because their pretended masters will not give security for the petitioners’ appearance in court to attend the trial, &c. 1st. As to those committed as runaways. 1. Is the marshal bound to receive and feed…

1Opinion of the Court

Cjranch, C. J.,

delivered the following opinion.

By the Act of Congress of the 27th of February, 1801, [2 Stat. at Large, 103,] the laws of Maryland, as they then existed, were continued in force in the county of Washington. By the seventh section the marshal is to “have the custody of the gaols of the counties, and to be accountable for the safe keeping of all prisoners legally committed therein; ” “ and shall have the same powers, and perform the same duties as is by law directed and provided in the cases of marshals of the United Slatesand by section 9, he is entitled to the same fees,…

2Cited by2 opinions

  1. Babbitt v. DutcherSupreme Court of the United States · 1910
  2. Commonwealth v. KnappMassachusetts Supreme Judicial Court · 1830

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