State v. Davis

Citations

• 12 S.C. 528
• 1879 S.C. LEXIS 59

Syllabus

<p>1. A soldier of the United States army, indicted in the state court for murder, and convicted of manslaughter, was granted a new trial and then admitted to bail. Thereupon he filed his petition in the Circuit Court of the United States, praying a removal of his case to 'that court, and setting forth that the homicide was committed by the accidental discharge of his gun while he was one of a detail to assist a revenue officer of the United States government in arresting the deceased ; a writ of habeas corpus cum, causa was issued by the United States Circuit judge, and under that process the person of the defendant was taken out of the custody of the state authorities, and turned over to his commanding officer in another state. Held, that the sureties on his recognizance were liable for his failure to appear for trial at the succeeding term, of the state court. *</p> <p>2. The jurisdiction of the state court over a prisoner charged with a crime against the laws of the state, is not affected by the removal of the prisoner from the custody of the court by virtue of a writ of habeas corpus, issued by a United States Circuit judge under Section 648 of the Bevised Statutes of the United States.</p> <p>3. The writ of habeas corpus under this section is not an original, remediable writ, but merely an auxiliary process to bring the person of the petitioner within the jurisdiction of the United States Circuit Court.</p> <p>4. Every grant to the government of the United States by the constitution is limited to the powers expressed in the terms of such grant, or arising therefrom by necessary implication.</p> <p>5. Congress cannot confer upon the courts of the United States any jurisdiction or powers not granted by Article III. of the ponstitution.</p> <p>6. Congress cannot confer upon the United States courts original jurisdiction of a case involving an offence against the laws of a state, because that the defence interposed depends for its foi-ee and effect upon the consti