The Habeas Corpus Strand of Restraints on Government

2018 ◽  
pp. 40-44
Author(s):  
Eric M. Freedman
Keyword(s):  
United States ◽  
New York ◽  
Supreme Court ◽  
New Orleans ◽  
War Of 1812 ◽  
Habeas Corpus ◽  
Andrew Jackson ◽  
Supreme Court Justice ◽  
George Washington ◽  
Federal Judge

Utilizing primarily cases from the War of 1812, this Chapter illustrates the power and limitations of the writ in restraining government. Positive examples include state habeas challenges to military enlistments in the period prior to Tarble’s Case and Ableman v. Booth, including one decided in the Massachusetts Supreme Court against General Thomas H. Cushing, and New York Chief Justice James Kent’s order that General Morgan Lewis release alleged spy Samuel Stacy. Negative ones include the defiance of the writ by General Andrew Jackson in the period surrounding the Battle of New Orleans. Events began with the expulsion of French counsel Louis de Tousard. When Louisiana legislator Louis Louailler protested, Jackson had him arrested. Lawyer Pierre L. Morel sought habeas corpus from Louisiana Supreme Court Justice Francois-Xavier Martin (denied) and prohibition and habeas corpus from federal Judge Dominick A. Hall (latter granted). Jackson arrested Hall. When United States Attorney John Dick obtained a state habeas writ Jackson arrested Dick and ordered the judge’s arrest. Jackson was fined by Hall for contempt but ultimately reimbursed by Congress. George Washington respected the writ but it was ever vulnerable to defiance, evasion or legislative suspension. Although valuable, it could not be relied on exclusively.

Pirates, Black Soldiers, and the War under Jackson

2018 ◽  
pp. 97-114
Author(s):  
Jason Berry
Keyword(s):  
New Orleans ◽  
American Identity ◽  
War Of 1812 ◽  
Andrew Jackson ◽  
Black Soldiers ◽  
Military Aid ◽  
War Effort ◽  
Military Campaign ◽  
The U.S

In 1813, as Claiborne struggled to build a militia to defend against the British in the War of 1812, he also had to deal with slave-smuggling French pirates, led by half-brothers Pierre and John Laffite. When the U.S. declared war on the British in 1812, the Madison administration ordered Andrew Jackson to go to New Orleans with an army of volunteers, before recalling him to Tennessee. Claiborne wrote to Louisiana’s congressional delegation for support, as he had difficulties finding enough men because New Orleans lacked a coherent American identity and allegiance for which to fight. After returning to Tennessee, Jackson was wounded in several duels and participated in a military campaign against the Creek. On August 24, 1814, the British attacked Washington D.C. and set fire to the Capitol. As New Orleans prepared for war, Jean Laffite negotiated with Claiborne and Jackson, who eventually agreed to grant the pirates clemency in exchange for military aid. Lawyer Edward Livingston helped Jackson prepare New Orleans for war. The citizens rallied under Jackson, with pirates and the black militia joining the war effort. New Orleans fended off two British attacks. The War of 1812 ended with the signing of the Treaty of Ghent.

K

Virtual Words ◽  
2010 ◽  
Author(s):  
Jonathon Keats
Keyword(s):  
New York ◽  
American Politics ◽  
War Of 1812 ◽  
Andrew Jackson ◽  
Whig Party ◽  
Martin Van Buren ◽  
Major General

There’s an apocryphal story, still in circulation, that the word OK was made up by President Andrew Jackson. According to the tale, Jackson used the letters when he was a major general in the War of 1812, marking his approval on papers with initials abbreviating the words oll korrect . “The Gen. was never good at spelling,” the Boston Atlas dryly concluded, recounting the story in August 1840. By that time Old Hickory, as Jackson was known, had served his eight years as president, and his successor, Martin Van Buren, was running for a second term. A native of Kinderhook, New York, Van Buren appealed to the Jacksonian vote with the nickname Old Kinderhook, using the initials O. K. as a political slogan. His Whig Party rivals sought, successfully, to turn his populist appeal into a liability by calling attention to Jackson’s alleged semiliteracy. By a sort of logical doggerel endemic in American politics, Old Kinderhook’s slogan became a symbol of his ignorance. The true origin of OK , as the American lexicographer Allen Walker Read skillfully uncovered in 1963, was much closer to the Atlas’s editorial offices. The letters did stand for oll korrect, but the spelling was no accident. The coinage almost certainly came from the waggish editor of the Boston Morning Post , Charles Gordon Greene, who was at the center of what Read characterizes as “a remarkable vogue of using abbreviations” beginning in the year 1838. The Morning Post was full of them, generally used with a touch of irony, as in the mock dignity of O.F.M. (our first men), or a fit of whimsy, as in the pure zaniness of G.T. (gone to Texas). It was only a matter of months before the fad turned to creative misspelling, a source of humor then as it was in Mark Twain’s time. There was N.C. (nuff said) and N.Y. (no yuse), as well as O.W. (oll wright). The first known appearance of OK followed that pattern.

scholarly journals U.S. Supreme Court Denies Certiorari in Habeas Case Brought by Guantánamo Bay Detainee Challenging His Continuing Detention

2019 ◽  
Vol 113 (4) ◽  
pp. 849-855
Keyword(s):  
United States ◽  
Supreme Court ◽  
The United States ◽  
September 11 ◽  
Habeas Corpus ◽  
Past Time ◽  
Guantanamo Bay ◽  
The Supreme Court ◽  
September 11 Attacks ◽  
The U.S

On June 10, 2019, the Supreme Court denied certiorari in a case in which the D.C. Circuit held that the United States could continue to detain an individual at Guantánamo Bay until the cessation of the hostilities that justified his initial detention, notwithstanding the extraordinary length of the hostilities to date. The case, Al-Alwi v. Trump, arises from petitioner Moath Hamza Ahmed Al-Alwi's petition for a writ of habeas corpus challenging the legality of his continued detention at the United States Naval Base at Guantánamo Bay. The Supreme Court's denial of certiorari was accompanied by a statement by Justice Breyer observing that “it is past time to confront the difficult question” of how long a detention grounded in the U.S. response to the September 11 attacks can be justified.

Reconstructing the Federal Judiciary: The Chase Impeachment and the Constitution

1995 ◽  
Vol 9 (1) ◽  
pp. 55-116 ◽  
Author(s):  
Keith E. Whittington
Keyword(s):  
United States ◽  
Supreme Court ◽  
House Of Representatives ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
Supreme Court Justice ◽  
Federal Judiciary ◽  
Final Article

Only the United States supreme court justice has ever been impeached. In January 1804, the House of Representatives began a formal inquiry into the official conduct of Associate Justice Samuel Chase and approved eight articles of impeachment in November of that same year. The Senate held a trial of the justice in February 1805, which concluded with his acquittal on March 1. On the final article of impeachment, Chase escaped removal by four votes.

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