Except in cases affecting ambassadors, other public ministers,
or consuls, or those in which a state is a party, the Supreme Court
can only issue a writ of habeas corpus under its appellate
Application for a writ of habeas corpus.
MR. CHIEF JUSTICE WAITE delivered the opinion of the Court.
This is an application for a writ of habeas corpus for the
purpose of an inquiry into the legality of the detention of the
petitioner, Hung Hang, a subject of the Emperor of China, by
Page 108 U. S. 553
the chief of police, under a warrant for his arrest, issued by
the Police Judge of the City and County of San Francisco,
California, for a violation of an order or ordinance of the board
of supervisors of such city and county, alleged to be in
contravention of the Constitution and of a treaty of the United
It has long been settled that ordinarily this Court cannot issue
a writ of habeas corpus except under its appellate jurisdiction.
Ex Parte Bollman &
4 Cranch 75; Ex Parte
7 Pet. 568; Ex Parte
8 Wall. 85; Ex Parte
18 Wall. 163; Ex Parte Parks,
93 U. S. 18
Parte Virginia, 100 U. S. 339
Ex Parte Siebold, 100 U. S. 371
Section 751 of the Revised Statutes, which reenacts a similar
provision in the Judiciary Act of 1789 (sec. 14), gives this Court
authority to issue the writ, but, except in cases affecting
ambassadors, other public ministers, or consuls, and those in which
a state is a party, it can only be done for a review of the
judicial decision of some inferior officer or court. This petition
presents no such case.
The writ is consequently denied.