Ex Parte Hung Hang, 108 U.S. 552 (1883)
U.S. Supreme Court
Ex Parte Hung Hang, 108 U.S. 552 (1883)Ex Parte Hung Hang
Decided May 7, 1883
108 U.S. 552
Syllabus
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 jurisdiction.
Application for a writ of habeas corpus.
U.S. Supreme Court
Ex Parte Hung Hang, 108 U.S. 552 (1883)Ex Parte Hung Hang
Decided May 7, 1883
ORIGINAL
Syllabus
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 jurisdiction.
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
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 States.
It has long been settled that ordinarily this Court cannot issue a writ of habeas corpus except under its appellate jurisdiction. Ex Parte Bollman & Swartwout, 4 Cranch 75; Ex Parte Watkins, 7 Pet. 568; Ex Parte Yerger, 8 Wall. 85; Ex Parte Lange, 18 Wall. 163; Ex Parte Parks, 93 U. S. 18; Ex 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.
Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship.