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Habeas corpus   /hˈæbiəs kˈɔrpəs/   Listen
Habeas corpus

noun
1.
A writ ordering a prisoner to be brought before a judge.  Synonym: writ of habeas corpus.
2.
The civil right to obtain a writ of habeas corpus as protection against illegal imprisonment.






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"Habeas corpus" Quotes from Famous Books



... writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety ...
— Key-Notes of American Liberty • Various

... proper remedy is by a writ of Habeas Corpus? and, if so, whether it is necessary that the father should be joined in the proceedings or his leave obtained to prosecute ...
— Ginx's Baby • Edward Jenkins

... men from voting. It reads, "If any person shall knowingly vote without his having a lawful right." It was precisely so with all the papers served on me the United States marshal's warrant, the bail-bond, the petition for habeas corpus, the bill of indictment—not one of them had a feminine pronoun; but to make them applicable to me, the clerk of the court prefixed an "s" to the "he" and made "her" out of "his" and "him;" and I insist if government ...
— The Life and Work of Susan B. Anthony (Volume 2 of 2) • Ida Husted Harper

... suspension of the habeas corpus, I regret to say, was likewise lost by a very trifling majority. A strong sentiment now prevails that war is not likely to occur with the United States, which, I believe, tended to influence the votes of the members; I mean ...
— The Life and Correspondence of Sir Isaac Brock • Ferdinand Brock Tupper

... remedy that the Government proposes for the universal distress among the population, caused by an infamous and needless war? Despotism, Mr. Linwood; despotism in this free country is the remedy! In one week more, sir, Ministers will bring in a Bill for suspending the Habeas Corpus Act!" ...
— Little Novels • Wilkie Collins

... possible, a writ of habeas corpus and a stay of proceedings from some federal judge on the ground that his client is confined without due process ...
— Courts and Criminals • Arthur Train

... A number of persons were injured. This was followed in February by the great Green Bag Inquiry, when Lord Sidmouth laid before Parliament a green bag full of reports concerning seditions. Bills were introduced to suspend the habeas corpus act and to provide for the coercion of public meetings. Seditious publications were likewise to be suppressed. In March occurred the rising of the so-called Blanketers in Manchester—dissatisfied workingmen who ...
— A History of the Nineteenth Century, Year by Year - Volume Two (of Three) • Edwin Emerson

... applied for habeas corpus, and its exercise was refused. Congress has not suspended the writ. Our law officers say that the authority of Congress is necessary to justify this arrest ...
— Continental Monthly, Vol. I. February, 1862, No. II. - Devoted To Literature And National Policy • Various

... government in this form was one of the first objects of attack by the English Parliament in the seventeenth century, and this first liberty of the subject was vindicated by the Petition of Right, and again by the Habeas Corpus Act. It is significant of much that this first step in liberty should be in reality nothing more nor less than a demand for law. "Freedom of men under government," says Locke, summing up one whole chapter of seventeenth-century controversy, "is to have a standing ...
— Liberalism • L. T. Hobhouse

... the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public ...
— The Constitution of the United States of America: Analysis and Interpretation • Edward Corwin

... content to "play politics" in the most unscrupulous fashion. Both the Secretary of War and the Secretary of State had authorized arbitrary arrests. 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 ...
— Lincoln • Nathaniel Wright Stephenson

... twenty-three others were ordered to give bail on a charge of arson, burglary, robbery, and larceny, and all but eight of these were locked up in default of bail. The prisoners confined at Liberty secured a writ of habeas corpus soon after, but only Rigdon was ordered released, and he thought it best for his safety to go back to the jail. He afterward, with the connivance of the sheriff and jailer, made his escape at night, and reached Quincy, Illinois, in ...
— The Story of the Mormons: • William Alexander Linn

... for government in Germany between the Crown and the people: Germans have no ancient Magna Charta, no Habeas Corpus, no Declaration of Rights to look back to on the long road to liberty. In the protracted struggle for government between the English people and their rulers, the people's victory took the form of ...
— William of Germany • Stanley Shaw

... friends applied for a writ of habeas corpus; but, owing to the opposition of Craig, this was refused. In July two of Bedard's companions were released, on the ground of ill health. They both, however, expressed regret at the tone which Le Canadien had adopted. In August the printer was discharged. ...
— The 'Patriotes' of '37 - A Chronicle of the Lower Canada Rebellion • Alfred D. Decelles

... to the effect, upon the Government of the day, of the dread of Revolution in England. There were a few partisans of France and of the Revolution in England; and the panic which followed, though irrational, was widespread. The Habeas Corpus Act was suspended, a Bill was passed against seditious Assemblies, the Press was prosecuted, some Scottish Whigs who clamoured for reform were sentenced to transportation, while one Judge expressed regret that the practice of torture ...
— The Poetical Works of William Wordsworth, Vol. III • William Wordsworth

... liberty, not license; civilization, not barbarism; it is liberty clad in the celestial robe of law, because law is the only authoritative expression of the will of the people, representative government, trial by jury, habeas corpus, freedom of speech and of the press—why, Mr. Chairman, they are the family heirlooms, the family diamonds, and they go wherever in the wide world go the family ...
— Model Speeches for Practise • Grenville Kleiser

... physical science, I suppose that we are speaking of something in nature. If we are not so speaking, our scientists are exercising their wits in the realms of pure fantasy, and this is palpably not the case. This demand for a definite Habeas Corpus Act for the production of the relevant entities in nature applies whether space be relative or absolute. On the theory of relative space, it may perhaps be argued that there is no timeless space for ...
— The Concept of Nature - The Tarner Lectures Delivered in Trinity College, November 1919 • Alfred North Whitehead

... added their indomitable persistence in the path of duty. One of the most exciting affairs that ever occurred in Boston was known as the 'Baltimore Slave Case.' Two girls had escaped in a Boston vessel, and when about to be carried back, were brought out on a writ of 'habeas corpus.' All Boston was in a ferment for and against the fugitives. The commercial world were determined that this Southern property should be restored to the white claimants, and the Abolitionists were determined that it should remain in the possession of the original owners until ...
— History of Woman Suffrage, Volume I • Elizabeth Cady Stanton, Susan B. Anthony, and Matilda Joslyn Gage

... them through the House of Commons. If he can't, he goes of course; and what next? The measures are sufficiently strong, it must be owned—a consomme of insurrection-gagging Acts, suspension of Habeas Corpus, martial law, and one or two ...
— The Greville Memoirs - A Journal of the Reigns of King George IV and King William IV, Vol. II • Charles C. F. Greville

... Chamberlain to imprison Dogget, the actor, for breach of his engagement with the patentees of Drury Lane Theatre, met with signal discomfiture. Dogget forthwith applied to the Lord Chief Justice Holt for his discharge under the Habeas Corpus Act, and readily obtained it, with, it may be gathered, liberal compensation for the violence to ...
— A Book of the Play - Studies and Illustrations of Histrionic Story, Life, and Character • Dutton Cook

... leave it, and he harangued the crowd, dwelling on the sacred rights of the domestic hearth, the habeas corpus and the English "home." He told them that the law and the people were sovereigns, that the law was the people, and that the people could only act through the law, and that power was vested in the law. The particular law of personal necessity made him eloquent, and he managed to disperse the crowd. ...
— An Historical Mystery • Honore de Balzac

... a habeas corpus for this stove if you don't get something to hold her up, and I might state, if it's worthy of mention, that ...
— Pardners • Rex Beach

... "It's the Habeas Corpus, Mr. Bungay," Warrington said, on which the publisher answered, "All right, I dare say," and yawned, though he ...
— The History of Pendennis • William Makepeace Thackeray

... sort of pity him," replied Britz. "The warden was present, of course, when he made the confession. Timson can get out of jail on a writ of habeas corpus. Of course, he'll be rearrested immediately and tried, with the deputy marshal, for having brought about the escape of the man that was sentenced to prison. However, if Timson can be of service to us in unraveling the Whitmore mystery, we ...
— The Substitute Prisoner • Max Marcin

... Ireland at that time was as alarming as it was deplorable, with combined Fenianism and poverty and disaffection in every quarter. So grave was the state of this unhappy country that the government felt obliged to bring in a bill suspending the habeas corpus act, which the chancellor of the exchequer eloquently supported. His conversion to Liberal views was during this session seen in bringing in a measure for the abolition of compulsory church-rates, in aid of Dissenters; but before it could be carried through its ...
— Beacon Lights of History, Volume X • John Lord

... country about five years ago, in a French vessel called the Pearl. She had lost her reckoning, and was driven by stress of weather into the port of St. Ives, in Cornwall. Louis and his four companions were brought to London upon a writ of Habeas Corpus at the instance of Mr. George Stephen; and, after some trifling opposition on the part of the master of the vessel, were discharged by Lord Wynford. Two of his unfortunate fellow-sufferers died of the measles at Hampstead; the other two returned to Sierra Leone; but ...
— The History of Mary Prince - A West Indian Slave • Mary Prince

... expresses himself no differently. At the time of the oath of the Tennis Court, he redoubles his efforts to induce Lafayette and other patriots to make some arrangement with the King to secure freedom of the press, religious, liberty, trial by jury, the habeas corpus, and a national legislature,—things which he could certainly be made to adopt,—and then to retire into private life, and let these institutions act upon the condition of the people until they had rendered ...
— The Origins of Contemporary France, Volume 2 (of 6) - The French Revolution, Volume 1 (of 3) • Hippolyte A. Taine

... commercial concession would quiet the minds of the Americans as to the political doubts and fears which have struck them to the heart throughout the continent? I answer, no; so long as they are left in doubt whether the Habeas Corpus Act, whether the Bill of Rights, whether the Common Law as now existing in England, have any operation and effect in America, they cannot be satisfied. At this hour they know not whether the civil constitution be not suspended and superseded ...
— The Loyalists of America and Their Times, Vol. 1 of 2 - From 1620-1816 • Egerton Ryerson

... Country Party Dealings of that Party with the French Embassy Peace of Nimeguen Violent Discontents in England Fall of Danby; the Popish Plot Violence of the new House of Commons Temple's Plan of Government Character of Halifax Character of Sunderland Prorogation of the Parliament; Habeas Corpus Act; Second General Election of 1679 Popularity of Monmouth Lawrence Hyde Sidney Godolphin Violence of Factions on the Subject of the Exclusion Bill Names of Whig and Tory Meeting of Parliament; The Exclusion Bill passes the Commons; ...
— The History of England from the Accession of James II. - Complete Contents of the Five Volumes • Thomas Babington Macaulay

... indictment against him, and on December 20th he was arraigned at the bar of the Assembly on the same charge, on which occasion he was defended by George Clinton, afterwards the first governor of the State of New York. In the course of the following month a writ of habeas corpus was sued out, but without result, and he was not liberated until March 4, 1771, when the assembly was prorogued. When the Assembly attempted to extort from him a humiliating recantation, he undauntingly answered their threat, that "rather than resign my rights and privileges as a British subject, ...
— An Historical Account of the Settlements of Scotch Highlanders in America • J. P. MacLean

... and resolution of the Government, in the midst of this accumulation of difficulties, saved the country. The writ of habeas corpus was suspended. By an admirable mingling of firmness and conciliation the mutiny was quelled in the navy without serious consequences resulting to the state. To meet the financial difficulties, an act was passed by Parliament permitting the Bank to suspend specie payment—thus ...
— Continental Monthly, Volume 5, Issue 4 • Various

... new constitution, when he first saw it, was the omission in it of a bill of rights providing for the 'eternal and unremitting force of the habeas corpus act'—and for the freedom of the press. When Colonel Burr was arrested, Jefferson, who, by the way, showed a want of dignity and self-respect throughout the affair, was eager to suspend the habeas corpus act, and got a bill to that effect passed by one branch of Congress; it ...
— Continental Monthly, Vol. 5, Issue 2, February, 1864 • Various

... goat glands. "Oh, no, it's all rot and will never do!" However, we have operated upon five cases and have cured five cases. After awhile we will break down this great wall of prejudice, and insane people will be ordered out for this operation. At present when habeas corpus proceedings are all that will obtain the release, and gland transplantation is the object, not much of a chance exists. I am going to mention one of our very interesting cases, as the man lives only about 15 or 20 miles from me in Dickinson County, Kansas. His name is Lon Jones, and his case ...
— The Goat-gland Transplantation • Sydney B. Flower

... get what liberty they have by extorting it piecemeal from their masters. Magna Charta was forced from a weak monarch by a conspiracy of nobles, acting from purely selfish motives, in behalf of their own order. The Habeas Corpus Act was unpalatable to the Lords, and was passed only by a trick or a blunder. What is there in common between the states which recognize the rule of any persons who happen to be descended from the bold or artful men who ...
— The Atlantic Monthly, Vol. 13, No. 78, April, 1864 • Various

... adopt, without further examination, the suggestions of the President, more especially as he had not deemed it expedient to remove the military force, to suspend martial law, or to restore the writ of habeas corpus, but still thought it necessary to exercise over the people of the rebellious States his military power and jurisdiction. This conclusion derived greater force from the fact, undisputed, that in all those States, except Tennessee, and, perhaps, Arkansas, the elections ...
— History of the Thirty-Ninth Congress of the United States • Wiliam H. Barnes

... trampled upon the "Cavaliers," were now trampled upon in return. But even at such a time as this the liberties of the people were expanding. The Act of "Habeas Corpus" forever prevented imprisonment, without showing in Court just cause for the detention ...
— The Evolution of an Empire • Mary Parmele

... board ready sympathizers, and were not slow to report their grievances, and to insist upon more stringent regulations for enforcing obedience. Some of the retaliative measures employed were the suspension of the writ of habeas corpus, the abridgment of the freedom of the press and the prohibition of elections. But the colonists generally succeeded in having their own way in the end, and were not wholly without encouragement and sympathy in ...
— Burke's Speech on Conciliation with America • Edmund Burke



Words linked to "Habeas corpus" :   jurisprudence, civil right, law, writ, judicial writ



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