United States Supreme Court Cases & Opinions

U.S. Supreme Court

Ex Parte v. Burford, 7 U.S. 3 Cranch 448 448 (1806)

Ex Parte v. Burford

7 U.S. (3 Cranch) 448

Syllabus

In this case it was decided that a warrant of commitment by two justices of the peace of the County of Alexandria must state some good cause certain, supported by oath. The discharge of the prisoner from confinement, the warrant being illegal, does not prevent the justices proceeding de novo, if the prisoner is really a person of ill fame, and who ought to find sureties for his good behavior.

John Arkins Burford, a prisoner confined in the jail of the County of Alexandria, in the District of Columbia, petitioned this court for a habeas corpus, to inquire into the cause of his commitment, alleging that he was confined under and by color of process of the United States, and praying for a certiorari to the clerk of the Circuit Court of the District of Columbia, for the County of Washington to certify the record by which his cause of commitment might be examined, and its legality investigated. To the petition was annexed a copy of his commitment, certified by the Jailor of Alexandria County.

Page 7 U. S. 449