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Updated: June 6, 2025
A Virginian named Jonathan Lemon undertook to take eight slaves to Texas on steamers, by the way of New York. While in that city a writ of habeas corpus was issued, and the slaves were brought into the court before Judge Elijah Paine; Mr. Culver and John Jay appearing for the slaves, while H.D. Lapaugh and Henry L. Clifton were retained by Lemon.
I have no doubt he will remain a jolly old widower for the rest of his life, as he has already inquired of me, with much gravity, whether a writ of habeas corpus would enable him to settle his property upon Tony beyond the possibility of recall; and has, in my presence, conjured his son, with tears in his eyes, that in the event of his ever becoming amorous again, he will put him in a strait-waistcoat until the fit is past, and distinctly inform the lady that his property is 'made over.
"The time of the assizes soon came, and I was removed by habeas corpus to Oxford, where I expected certain conviction and condemnation; but, to my great surprize, none appeared against me, and I was, at the end of the sessions, discharged for want of prosecution.
At the same moment Judge Fulsom made his appearance, elbowing his smiling way through the crowd, a brimming saucer of vari-colored ice cream in each hand. "Here we are!" he announced cheerfully. "Had to get a habeas corpus on this ice cream, though. Why, what's become of Miss Orr? Gone with a handsomer man eh?" He stared humorously at the minister. "Twa'n't you, dominie; seen' you're here.
Men in New York and New England had been thrown into prison. The privilege of the writ of habeas corpus had been denied them on the mere belief of the government that they were conspiring with its enemies. Because of these arrests, sharp criticism was being aimed at the Administration both within and without Congress. For all these reasons, the government at Washington appeared to be tottering.
At the same time he stated the matter of the suspension of the writ of habeas corpus, which has been already referred to.
But whenever the proper time for his defence should come, he pledged himself to show that "a portion of the country from which the assailants came was endeavoring to destroy the right of habeas corpus, and of trial by jury, and all the rights in which the liberties of the country consist;" "that there was in that portion of country a systematic attempt even to carry it to the dissolution of the Union, with a continual system and purpose to destroy all the principles of civil liberty among the free states, and by power to force the detested principles of slavery on the free States of this Union;" a pledge which in the course of his subsequent argument he fully redeemed.
And that such cases should still be possible in Russia and in Turkey places those two old despotisms outside the pale of the civilised world. And yet, loudly as we all denounce the Czar and the Sultan, eloquently as we boast over Magna Charta, Habeas Corpus, and what not, every day you and I are doing what would cost an English king his crown, and an English judge his head.
Under this stipulation Robbins, alias Nash, was charged with the commission of the crime of murder on board a British privateer on the high seas. He was arrested on a warrant issued upon the affidavit of the British Consul at Charleston, South Carolina. After his arrest an application was made to Judge Bee, sitting in the United States Circuit Court at Charleston, for a writ of habeas corpus.
Gourlay was imprisoned in the Niagara gaol, and when his friends attempted to bring him out on a writ of habeas corpus they failed simply because Chief Justice Powell, an able lawyer of a Loyalist family and head of the official party, refused to grant the writ on a mere technical plea, afterwards declared by the highest legal authorities in England to be entirely contrary to sound law.
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