Ex parte Harding, 120 U.S. 782 (1887)
Case details
Citation
120 U.S. 782
Full caption
EX PARTE HARDING.
Country
United States
Jurisdiction
Federal
Court
Supreme Court of the United States
Decided
Mar. 21, 1887
EX PARTE HARDING.
ORIGINAL.
Submitted March 16, 1887. — Decided March 21, 1887.
Ex parte Wilson, 114 U. S. 417, affirmed on the point that this court cannot discharge on habeas corpus a person imprisoned under the sentence of a Circuit or District Court, in a criminal case, unless the sentence exceeds the jurisdiction of that court, or there is no authority to hold the prisoner under sentence. A. territorial court is not deprived of its jurisdiction to try a person indicted for a criminal offence by the fact that an alien sat on the grand jury that found the indictment, under a provision of a territorial statute permitting it.
The denial of compulsory process to enable a person charged with crime to obtain witnesses at the trial in the court below, does not invalidate the judgment.
The following motion was made in this case:
Now comes the petitioner, by his counsel, and moves this honorable court for leav.e to file petition praying for the issue of the writ of habeas corpus and for certiorari, and submits thereon the accompanying brief.
And it appearing that said petitioner is now under sentence of death, and his counsel being advised that execution of such sentence is fixed for the 25th day of March, instant, the speedy action of this honorable court in the premises is earnestly prayed.
Respectfully submitted.
A. T. BRITTON, A. B. BROWNE, J. K. TOOLE,
Counsel for Petitioner.
The petition accompanying the motion contained the following averments.
That the grounds and facts upon which your petitioner relies, and did rely, upon the trial of the said cause, are:
First. That your petitioner is deprived of his liberty, and is about to be deprived of his life, without due process of law, as guaranteed by Article V, Amendments to the Constitution of the United States, in this: That the indictment upon which defendant was prosecuted, tried, convicted, and sentenced was not found by a legal grand jury of the Territory and District wherein the said crime was alleged to have been committed; that said grand jury was not composed wholly of citizens of the United States — the peers of your petitioner; that one of the grand jurors of the grand jury, which found and returned the said pretended indictment, was an alien; therefore the said indictment was and is absolutely null and void.
Second. That the act of the Territory of Montana entitled “An Act Defining the Qualifications of Jurors,” Session Laws Montana Territory, p. 57, 1881, under and by virtue of which said grand jury was selected and impanelled, is in derogation of Article VI of the Amendments to the Constitution of the United States, and of the laws of the United States in such case provided, in this: That said act authorized any male person of lawful age, other than a citizen of the United States, as competent to serve on said grand jury.
Third. That, at the pretended trial of your petitioner, he, said petitioner, was denied by said court his rights under Article VI of the Amendments to the Constitution of the United States, in this: He was by said court deprived of his right to have compulsory process for obtaining witnesses in his favor.
Mr . Chi ef Just ic e Wai te delivered the opinion of the court.
This motion is denied. This court has no jurisdiction for the discharge on habeas corpus of a person imprisoned under the sentence of a territorial court in a criminal case, unless the sentence exceeds the jurisdiction of that court, or there is no p. 784authority to hold him under the sentence. Ex parte Wilson. 114 U. 8. 417, 420, and the cases there cited. The fact that a law of the territory allowed an alien who had declared his intention to become a citizen of the United States to sit on a grand jury, and that an alien did in fact sit on the jury that found the indictment against this petitioner, did not deprive the court of its jurisdiction for his trial under the indictment. The objection, if it be one, goes only to the regularity of the proceedings, not to the jurisdiction of the court. The same is true of the allegation in the petition that the petitioner was denied his right to have compulsory process for obtaining witnesses in his favor. For such errors or irregularities, if they exist, a judgment is not void, and a writ of habeas corpus gives this court no authority for their correction.
Motion denied.
APPENDIX.
i.
AMENDMENT TO RULES.
SUPREME COURT OF THE UNITED STATES.
Oct ob er Ter m , 1886.
Ord ere d , That the following section be added to Rule 10:
9. The plaintiff in error or appellant may, within ninety days after filing the record in this court, file with the clerk a statement of the errors on which he intends to rely, and of the parts of the record which he thinks necessary for the consideration thereof, and forthwith serve on the adverse party a copy of such statement. The adverse party, within ninety days thereafter, may designate in writing, filed with the clerk, additional parts of the record which he thinks material; and, if he shall not do so, he shall be held to have consented to a hearing on the parts designated by the plaintiff in error or appellant. If parts of the record shall be so designated by one or both of the parties, the clerk shall print those parts only; and the court will consider nothing but those parts of the record, and the errors so stated. If at the hearing it shall appear that any material part of the record has not been printed, the writ of error or appeal may be dismissed, or such other order made as the circumstances may appear to the court to require. If the defendant in error or appellee shall have caused unnecessary parts of the record to be printed, such order as to costs may be made as the court shall think proper.
The fees of the clerk, under Rule 24, section 7, shall be computed, as at present, on the folios in the record as filed, and shall be in full for the performance of his duties in the execution hereof.
Promulgated March 28, 1887.
vol . cxx—50
II.
COMPARISON OF THE JUDICIARY ACTS OF MARCH
3, 1875, AND MARCH 3, 1887.
The provisions of the act of March 3, 1875, and those of the act of March 3, 1887, are shown below in parallel columns, those parts of sections 1, 2, and 3 of the former act which do not appear in the latter act, and those parts of the latter act, amending sections 1, 2, and 3 of the former act, which do not appear in the former act, being in italic:
Cha p. 137. Pub li c — No. 159. An ac t to de te rm in e the ju - An ac t to ame nd th e ac t of
ri sdi ct io n OF CIRCUIT COURTS Cong ress appro ved Mar ch of th e Uni te d Stat es , an d THIRD, EIGHTEEN HUNDRED AND
SEVENTY-FIVE, ENTITLED “ AN
TO REGULATE THE REMOVAL OF CAUSES FROM STATE COURTS, ACT TO DETERMINE THE JURISAND FOR OTHER PURPOSES.- DICTION OF CIRCUIT COURTS Approved March 3d, 1875 (18 of th e Uni ted Sta tes an d Stat. 470). TO REGULATE THE REMOVAL OF
CAUSES FROM STATE COURTS, AND FOR OTHER PURPOSES,” AND TO FURTHER REGULATE THE JURISDICTION OF CIRCUIT COURTS OF THE UNITED STATES, AND FOR OTHER PURPOSES.—Approved March 3, 1887. Be it enacted by the Senate
Be it enacted by the Senate
and House of Representatives of
and House of Representatives of
the United States of America in
the United States of America in
Congress assembled, That the
Congress assembled,
first section of an act entitled “An act to determine the jurisdiction of circuit courts of the United States, and to regulate the removal of causes from state courts, and for other purposes,” approved March third, p. 787eighteen hundred and seventy-five, be, and the same is hereby, amended so as to read as follows :
That the circuit courts of the ‘ ‘ That the circuit courts of United States shall have original the United States shall have cognizance, concurrent with the original cognizance, concurrent courts of the several states, of with the courts of the several all suits of a civil nature at states, of all suits of a civil common law or in equity, where nature, at common law or in the matter in dispute exceeds, equity, where the matter in dis-exclusive of costs, the sum or pute exceeds, exclusive of inter-value of five hundred dollars, est and costs, the sum or value and arising under the Constitu- of two thousand dollars, and tion or laws of the United States, arising under the Constitution or treaties made, or which shall or laws of the United States, or be made, under their authority, treaties made, or which shall be or in which the United States made, under their authority, or are plaintiffs or petitioners, or in which controversary the United in which there shall be a contro- States are plaintiffs or petitionversy between citizens of differ- ers, or in which there shall be a ent States controversary between citizens of different states, in which the matter in dispute exceeds, exclusive of interest and costs, the sum or value aforesaid,
or a controversy between citizens or a controversary between citiof the same state claiming lands zens of the same state, claiming under grants of different states, lands under grants of different or a controversy between citizens states, or a controversary be-of a state and foreign states, tween citizens of a state and citizens, or subjects ; foreign states, citizens, or subjects, in which the matter in dispute exceeds, exclusive of interest and costs, the sum or value aforesaid,
and shall have exclusive cog- and shall have exclusive cogninizance of all crimes and offen- zance of all crimes and offences ces cognizable under the author- cognizable under the authority ity of the United States, except of the United States, except as as otherwise provided by law, otherwise provided by law, and p. 788and concurrent jurisdiction with the district courts of the crimes and offences cognizable therein. But no person shall be arrested in one district for trial in another in any civil action before a circuit or district court. And no civil suit shall be brought before either of said courts against any person by any original process or proceeding in any other district than that whereof he is an inhabitant, or in which he shall be found at the time of serving such process or commencing such proceeding, except as hereinafter provided ;
nor shall any circuit or district court have cognizance of any suit founded on contract in favor of an assignee, unless a suit might have been prosecuted in such court to recover thereon if no assignment had been made, except in cases of promissory notes negotiable by the law merchant and bills of exchange.
And the circuit courts shall also have appellate jurisdiction from the district courts under the regulations and restrictions prescribed by law.
Sec . 2. That any suit of a concurrent jurisdiction with the district courts of the crimes and offences cognizable by them,. But no person shall be arrested in one district for trial in another in any civil action before a circuit or district court; and no civil suit shall be brought before either of said courts against any person by any original process of proceeding in any other district than that whereof he is an inhabitant; but where the jurisdiction is founded only on the fact that the action is between citizens of different states, suit shall be brought only in the district of the residence of either the plaintiff or the defendant; nor shall any circuit or district court have cognizance of any suit except upon foreign bills of exchange, to recover the contents of any promissory note or other chose in action in favor of any assignee, or of any subsequent holder of such instrument be payable to bearer and be not made by a.ny corporation, unless such suit might have been prosecuted in such court to recover the said contents if no assignment or transfer had been made ; and the circuit courts shall also have appellate jurisdiction from the district courts, under the regulations and restrictions prescribed by law.”
“ Sec . 2. That any suit of a
COMPARISON OF
civil nature, at law or in equity, now pending or hereafter brought in any state court where the matter in dispute exceeds, exclusive of costs, the sum or value of five hundred dollars, and arising under the Constitution or laws of the United States, or treaties made, or which shall be made, under their authority, or in which the United States shall be plaintiff or petitioner, or in which there shall be a controversy between citizens of different states, or a controversy between citizens of the same state claiming lands under grants of different states, or a controversy between citizens of a state and foreign states, citizens, or subjects, either party may remove said suit into the circuit court of the United States for the proper district.
And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, civil nature, at law or in equity, arising under the Constitution or laws of the United States, or treaties made, or which shall be made, under their authority, of which the circuit courts of the United States are given original jurisdiction by the preceding section, which may now be pending, orivhich mayheveaitexbe brought, in any state court, may be removed by the defendant or defendants therein to
the circuit court of the United States for the proper district any other suit of a civil nature, at law or in equity, of which the circuit courts of the United States are given jurisdiction by the preceding section, and which are now pending, or which may hereafter be brought, in any state court, may be removed into the circuit court of the United States for the proper district by the defendant or defendants therein being non residents of that state; and when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then p. 790then either one or more of the either one or more of the defen plaintiffs or defendants actually ants actually interested in su interested in such controversy controversy may remove sa may remove said suit into the suit into the circuit court of t
circuit court of the United States United States for the prop for the proper district. district.
[See section 639, subdivision And where a suit is now pen Third, of the Revised Statutes ing, or may be hereafter brougi of the United States.]
•
be proceeded with therein. At«
in any state court, in which the is a controversy between a citiz of the state in which the suit brought and a citizen of anotl state, any defendant, being sv citizen of another state, may 1 move such suit into the circ court of the United States j the proper district, at any tu before the trial thereof, when shall be made to appear to sc circuit court that from prejud or local influence he will not able to obtain justice in such sb court, or in any other state co\ to which the said defendant me under the laws of the state, he the right, on account of si prejudice or local influence, remove said cause: Provide That if it further appear tl said suit can be fully and jus determined as to the other defei ants in the state court, witlu being affected by such prejud or local influence, and that party to the suit will be pre* diced by a separation of parties, said circuit court m direct the suit to be remand so far as relates to such oti defendants, to the state court,
COMPARISON OF
[See the last paragraph of section 5 of the act of March 3, 1875, chap. 137, 18 Stat. 472.]
Sec . 3. That whenever either party, or any one or more of the which is now pending in any circuit court or may hereafter be entered therein, and which has been removed to said court from a state court on the affidavit of any party plaintiff that he had reason to believe and did believe that, from prejudice or local influence, he was unable to obtain justice in said state court, the circuit court shall, on application of the other party examine into the truth of said affidavit and the grounds thereof, and, unless it shall appear to the satisfaction of said court that said party will not be able to obtain justice in such state court, it shall cause the same to be remanded thereto. Whenever any cause shall be removed from any state court into any circuit, court of the United States, and the circuit court shall decide that the cause was improperly removed, and order the same to be remanded to the state court from whence it came, such remand shall be immediately carried into execution, and no appeal or writ of error from the decision of the circuit court so remanding such cause shall be allowed.”
That section three of said act be, and the same is hereby, amended so as to read as follows :
“ Sec . 3. That whenever any party entitled to remove any p. 792plaintiffs or defendants entitled suit mentioned in the next pre-to remove any suit mentioned ceding section, in the next preceding section
except in such cases as are provided for in the last clause oj said section,
shall desire to remove such suit may desire to remove such suit from a state court to the circuit from a state court to the circuit court of the United States, he court of the United States, he or they may make and file a may make and file a petipetition in such suit in such tion in such suit in such state state court before or at the term at court at the time, or any time which said cause could be first before the defendant is required tried and before the trial thereof by the laws of the state or the rule of the state court in which such suit is brought to answer or plead to the declaration or complaint of the plaintiff,
for the removal of such suit for the removal of such suit into into the circuit court to be held the circuit court to be held in in the district where such suit the district where such suit is is pending, and shall make and pending, and shall make and file therewith a bond, with good file therewith a bond, with good and sufficient surety, for his and sufficient surety, for his or or their entering in such circuit their entering in such circuit court on the first day of its then court, on the first day of its then next session, a copy of the next session, a copy of the rec-record in such suit, and for ord in such suit, and for paying paying all the costs that may all costs that may be awarded be awarded by the said circuit by the said circuit court if said court, if said court shall hold court shall hold that such suit that such suit was wrongfully was wrongfully or improperly or improperly removed thereto, removed thereto, and also for and also for there appearing and their appearing and entering entering special bail in such special bail in such suit if suit, if special bail was origi- special bail was originally renally requisite therein, it shall quisite therein. It shall then be then be the duty of the state the duty of the state court to court to accept said petition and accept said petition and bond,
bond, and proceed no further in and proceed no further in such such suit, and any bail that may such suit p. 793have been originally taken shall be discharged; and the said and the said copy being entered as aforesaid copy being entered as aforesaid in said circuit court of the United in said circuit court of the States, the cause shall then United States, the cause shall proceed in the same manner as then proceed in the same man-if it had been originally com- ner, as if it had been originally menced in the said circuit court; commenced in the said circuit and if in any action commenced court; and if in any action comin a state court the title of land menced in a state court the title be concerned, and the parties of land be concerned, and the are citizens of the same state, parties are citizens of the same and the matter in dispute exceed state, and the matter in dispute the sum or value of five hundred exceed the sum or value of two dollars, exclusive of costs, the thousand dollars, exclusive of sum or value being made to interest and costs, the sum or appear, one or more of the value being made to appear, one plaintiffs or defendants, before or more of the plaintiffs or the trial, may state to the court, defendants, before the trial, and make affidavit, if the court may state to the court, and require it, that he or they claim, make affidavit if the court re-and shall rely upon a right or quire it, that he or they claim, title to the land under a grant and shall rely upon a right or from a state, and produce the title to the land under a grant original grant, or an exempli- from a state, and produce the fication of it, except where the original grant, or an exemplifiloss of public records shall put cation of it, except where the it out of his power or their loss of public records shall put power, and shall move that any it out of his or their power, and one or more of the adverse party shall move that any one or inform the court whether he or more of the adverse party in-they claim a right or title to the form the court whether he or land under a grant from some they claim a right or title to the other state, the party or parties land under a grant from some so required shall give such in- other state, the party or parties formation, or otherwise not be so required shall give such in-allowed to plead such grant, or formation, or otherwise not be give it in evidence upon the allowed to plead such grant or trial; and if he or they inform give it in evidence upon the that he or they do claim under trial; and if he or they inform such grant, any one or more of that he or they do claim under p. 794the party moving for such in- such grant, any one or more of formation may then, on petition the party moving for such in-and bond as hereinbefore men- formation may then, on petition tioned in this act, remove the and bond, as hereinbefore men-cause for trial to the circuit tioned in this act, remove the court of the United States next cause for trial to the circuit to be holden in such district ; court of the United States next and any one of either party to be holden in such district; removing the cause shall not be and any one of either party allowed to plead or give evidence removing the cause shall not be of any other title than that by allowed to plead or give evihim or them stated as aforesaid dence of any other title than as the ground of his or their that by him or them stated, as claim, and the trial of issues of aforesaid as the ground of his fact in the circuit courts shall, in or their claim.” all suits except those of equity and admiralty and maritime jurisdiction, be by jury.
The following are the further sections of the act of March 3, 1887:
Sec . 2. That whenever in any cause pending in any court of the United States there shall be a receiver or manager in possession of any property such receiver or manager shall manage and operate such property according to the requirements of the valid laws of the State in which such property shall be situated, in the same manner the owner or possessor thereof would be bound to do if in possession thereof. Any receiver or manager who shall wilfully violate the provisions of this section shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by a fine not exceeding three thousand dollars or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court.
Sec . 3. That every receiver or manager of any property appointed by any court of the United States may be sued in respect of any act or transaction of his in carrying on the business connected with such property, without the previous leave of the court in which such receiver or manager was appointed; but such suit shall be subject to the general equity jurisdiction of the court in which such receiver or manager was appointed, so far as the same shall be necessary to 'the ends of justice.
Sec . 4. That all national banking associations established under p. 795the laws of the United States shall, for the purposes of all actions by or against them, real, personal, or mixed, and all suits in equity, be deemed citizens of the States in which they are respectively located; and in such cases the circuit and district courts shall not have jurisdiction other than such as they would have in cases between individual citizens of the same State.
The provisions of this section shall not be held to affect the jurisdiction of the courts of the United States in cases commenced by the United States or by direction of any officer thereof, or cases for winding up the affairs of any such bank.
Sec . 5. That nothing in this act shall be held, deemed, or construed to repeal or affect any jurisdiction or right mentioned either in sections six hundred and forty-one, or in six hundred and forty-two, or in six hundred and forty-three, or in seven hundred and twenty-two, or in title twenty-four of the Revised Statutes of the United States, or mentioned in section eight of the act of Congress of which this act is an amendment, or in the act of Congress approved March first, eighteen hundred and seventy-five, entitled “An act to protect all citizens in their civil or legal rights.”
Sec . 6. That the last paragraph of section five of the act of Congress, approved March third, eighteen hundred and seventy-five, entitled “ An act to determine the jurisdiction of circuit courts of the United States, and to regulate the removal of causes from State courts, and for other purposes,” and section six hundred and forty of the Revised Statutes, and all laws and parts of laws in conflict with the provisions of this act, be, and the same are hereby repealed : Provided, That this act shall not affect the jurisdiction over or disposition of any suit removed from the court of any State, or suit commenced in any court of the United States, before the passage hereof except as otherwise expressly provided in this act.
Sec . 7. That no person related to any justice or judge of any court of the United States by affinity or consanguinity, within the degree of first cousin, shall hereafter be appointed by such court or judge to or employed by such court or judge in any office or duty in any court of which such justice or judge may be a member.