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" ... out of the complex character of our government, and the existence of two distinct and separate sovereignties within the same territorial space, each of them restricted in its powers, and each, within its- sphere of action prescribed by the constitution... "
A Treatise on the Writ of Habeas Corpus: Including Jurisdiction, False ... - Page 114
by William Smithers Church - 1893 - 1025 pages
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Documents Accompanying the Journal ...

Michigan. Legislature - Michigan - 1861 - 536 pages
...corpus, and the duty of officers to make a return, grows necessarily out of the complex character of our government, and the existence of two distinct and...constitution of the United States, independent of the other." It has been already shown that by necessary construction of the act of 1855, with the law regulating...
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Journal of the House of Representatives of the State of Michigan, Volume 1

Michigan. Legislature. House of Representatives - Legislative journals - 1861 - 876 pages
...and the duty of officers to make a return, grows necessarily out of the complex •character of our government, and the existence of two distinct And...constitution of the United States, independent of the other." It has been already shown that by necessary construction of the act of 1855, with the law regularing...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 39

Illinois. Supreme Court - Law reports, digests, etc - 1868 - 730 pages
...in the State of Indiana or Ohio. This is rendered necessarily so, from the complex character of our government, and the existence of two distinct and...separate sovereignties within the same territorial space, and each of them restricted in its powers, and each within its sphere of action prescribed by the Constitution...
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The American Law Register, Volume 2

Law - 1863 - 832 pages
...to the Judge or Court by a proper return the authority by which he holds him in custody. He says : " But after the return is made, and the State Judge...party is in custody UNDER THE AUTHORITY OF THE UNITED tSTATES, they can proceed no further. They THEN know that the prisoner is within the dominion and jurisdiction...
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A Treatise on the Organization and Jurisdiction of the Supreme, Circuit and ...

Alfred Conkling - Court rules - 1864 - 950 pages
...and the duty of the officer to make return, grows, necessarily, out of the complex character of our government, and the existence of two distinct and...after the return is made, and the state judge or court is judicially apprised that the party is in custody under the authority of the United States, they...
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Speeches and Addresses Delivered in the Congress of the United States: And ...

Henry Winter Davis - United States - 1867 - 616 pages
...make known to the judge or court, by a proper return, the authority by which he holds him in custody." "After the return is made, and the State judge or...party is in custody under the authority of the United Siates, they can proceed no farther ; and, consequently, it is his duty not to take the prisoner, nor...
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Reports of Decisions in Criminal Cases Made at Term at Chambers ..., Volume 6

Amasa Junius Parker - Criminal law - 1868 - 738 pages
...government, and the existence of the two distinct and separate sovereignties [or rather governments] within the same territorial space, each of them restricted...Constitution of the United States, independent of the other;" as well as from that imperfection of language which renders it impossible to define, with certainty...
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The Constitution of the United States Defined and Carefully Annotated

George Washington Paschal - Constitutional law - 1868 - 538 pages
...and the duty of the officer to make a return, grows necessarily out of the complex character of our government, and the existence of two distinct and...territorial space, each of them restricted in its power, and each, within its own sphere of action, prescribed by the Constitution of the United States,...
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The Constitution of the United States Defined and Carefully Annotated

George Washington Paschal - Constitutional law - 1868 - 452 pages
...and the duty of the officer to make a return, grows necessarily out of the complex character of our government, and the existence of two distinct and...territorial space, each of them restricted in its power, and each, within its own sphere of action, prescribed by the Constitution of the United States,...
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The Constitution of the United States Defined and Carefully Annotated

George Washington Paschal - Constitutional law - 1868 - 448 pages
...sovereignties within the same territorial space, each of them restricted in its power, and each, within its own sphere of action, prescribed by the Constitution of the United States, independent of the other. But alter the return is made, and the State judge or court judicially apprised that the p;,rty is in custody...
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