During the war that followed the west section was generally loyal to the north while the south section favoured the Confederacy and furnished many soldiers for its army; but most of the state was kept under Federal control, the writ of habeas corpus being suspended.
The last clause was intended to meet doubts on the applicability of habeas corpus in cases of illegal detention on board ship, which had been raised owing to a case of detention on a foreign ship in an English port.
Of the issue of writs of habeas corpus before the charter.
The prerogative of the Crown is subject to some restrictions: (r) The committing of a subject of the realm to a prison out of the realm is by the Habeas Corpus Act a praemunire, unpardonable even by the king (31 Car.
The court has original jurisdiction in quo warranto and mandamus proceedings against state officers and in habeas corpus cases, general appellate jurisdiction, and a superintending control over the inferior courts.
In the case of ex parte John Merryman (1861, Campbell's Reports, 646), he protested against the assumption of power by the President to suspend the privileges of the writ of habeas corpus or to confer that power upon a military officer without the authorization of Congress.
There are various forms of the writ, of which the most famous is that known as habeas corpus ad subjiciendum, the well-established remedy for violation of personal liberty.
The writ of habeas corpus has not been formally adopted or the Habeas Corpus Acts formally extended to South Africa; but in the Cape Colony, under the charter of justice and colonial legislation, the supreme court on petition grants a remedy equivalent to that obtained in England by writ of habeas corpus; and the remedy is sometimes so described (Koke v.
Civilization invented Habeas Corpus and sees it as a fundamental legal right around the world.
It enacts (r) that a writ of habeas corpus shall be issued in vacation time in favour of a person restrained of his liberty otherwise than for some criminal or supposed criminal matter (except persons imprisoned for debt or by civil process); (2) that though the return to the writ be good and sufficient in law, the judge shall examine into the truth of the facts set forth in such return, and if they appear doubtful the prisoner shall be bailed; (3) that the writ shall run to any port, harbour, road, creek or bay on the coast of England, although not within the body of any county.