Publisher's Synopsis
Excerpt from Opinion of Judge N. K. Hall, of the United States District Court for the Northern District of New York, on Habeas Corpus, in the Case of Rev. Judson D. Benedict
The application for the writ of habeas corpus, in this case, was made while I was engaged in other duties; and although I retained the petition and gave the questions presented a hasty examination, before I allowed the writ, I had no time to prepare an opinion upon the questions which then occurred to me as necessary to be considered before grant ing the petitioner's application. I therefore simply made a note of the authorities examined; and, as the case is one of importance. I Shall now. State my opinion upon the questions considered at the time the petition for the habeas corpus was under consideration; and shall refer to the authorities then examined, and some others, which appear to me to require the exercise of the jurisdiction and authority invoked by the petitioner.
The Act of Congress of September 24, 1789 (the Judiciary Act), declares that either of the Jus tices of the Supreme Court, as well as Judges of the District Courts, shall have power to grant writs of habeas corpus for the purpose of an ih quiry into the cause of commitment - Provided that writs of habeas corpus shall in no case extend to prisoners in jail, unless where they are in cus tody, under or by color of the authority of the United States, or are committed for trial before some court of the same, or are necessary to be brought into court to testify.
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