Habeas Corpus Act 1867
Encyclopedia
The Habeas Corpus Act of 1867 (sess. ii, chap. 28) is an act of Congress
that significantly expanded the jurisdiction
of federal courts
to issue writs of habeas corpus
. Passed February 5, 1867, the Act amend the Judiciary Act of 1789
to grant the courts the power to issue writs of habeas corpus "in all cases where any person may be restrained of his or her liberty in violation of the constitution, or any treaty or law of the United States." Prior to the Act's passage, prisoners in the custody of one of the states who wished to challenge the legality of their detention could petition for a writ of habeas corpus only in state courts; the federal court system was barred from issuing writs of habeas corpus in their cases. The Act also permitted the court "to go beyond the return" and question the truth of the jailer's stated justification for detaining the petitioning prisoner, whereas prior to the Act courts were technically bound to accept the jailer's word that the prisoner was actually being held for the reason stated. The Act largely restored habeas corpus following its 1863 suspension by Congress, ensuring that anyone arrested after its passage could challenge their detention in the federal courts, but denied habeas relief to anyone who was already in military custody for any military offense or for having aided the Confederacy.
When the Habeas Corpus Act of 1867 is spoken of, it is usually this act that is meant. Another act dealing with habeas corpus was passed the same day and appears on the same page of the United States Statutes at Large
, being the twenty-seventh rather than the twenty-eighth chapter. It amended the Habeas Corpus Suspension Act of 1863
, which permitted (among other things) government officials charged with abusing their powers under the suspension of habeas corpus to have their cases heard at the federal rather than state level. The 1867 Act ensured that the federal courts could effectively hear the cases transferred to them by issuing a writ for habeas corpus cum causa.
Act of Congress
An Act of Congress is a statute enacted by government with a legislature named "Congress," such as the United States Congress or the Congress of the Philippines....
that significantly expanded the jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
of federal courts
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
to issue writs of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
. Passed February 5, 1867, the Act amend the Judiciary Act of 1789
Judiciary Act of 1789
The United States Judiciary Act of 1789 was a landmark statute adopted on September 24, 1789 in the first session of the First United States Congress establishing the U.S. federal judiciary...
to grant the courts the power to issue writs of habeas corpus "in all cases where any person may be restrained of his or her liberty in violation of the constitution, or any treaty or law of the United States." Prior to the Act's passage, prisoners in the custody of one of the states who wished to challenge the legality of their detention could petition for a writ of habeas corpus only in state courts; the federal court system was barred from issuing writs of habeas corpus in their cases. The Act also permitted the court "to go beyond the return" and question the truth of the jailer's stated justification for detaining the petitioning prisoner, whereas prior to the Act courts were technically bound to accept the jailer's word that the prisoner was actually being held for the reason stated. The Act largely restored habeas corpus following its 1863 suspension by Congress, ensuring that anyone arrested after its passage could challenge their detention in the federal courts, but denied habeas relief to anyone who was already in military custody for any military offense or for having aided the Confederacy.
When the Habeas Corpus Act of 1867 is spoken of, it is usually this act that is meant. Another act dealing with habeas corpus was passed the same day and appears on the same page of the United States Statutes at Large
United States Statutes at Large
The United States Statutes at Large, commonly referred to as the Statutes at Large and abbreviated Stat., are the official source for the laws and concurrent resolutions passed by the United States Congress...
, being the twenty-seventh rather than the twenty-eighth chapter. It amended the Habeas Corpus Suspension Act of 1863
Habeas Corpus Suspension Act 1863
The Habeas Corpus Suspension Act, , entitled An Act relating to Habeas Corpus, and regulating Judicial Proceedings in Certain Cases, was an Act of Congress that authorized the president of the United States to suspend the privilege of the writ of habeas corpus in response to the United States...
, which permitted (among other things) government officials charged with abusing their powers under the suspension of habeas corpus to have their cases heard at the federal rather than state level. The 1867 Act ensured that the federal courts could effectively hear the cases transferred to them by issuing a writ for habeas corpus cum causa.