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Front Page  Titles (by Subject) hamilton to harrison 1 - The Works of Alexander Hamilton, (Federal Edition), vol. 7
hamilton to harrison 1 - Alexander Hamilton, The Works of Alexander Hamilton, (Federal Edition), vol. 7 [1774]Edition used:The Works of Alexander Hamilton, ed. Henry Cabot Lodge (Federal Edition) (New York: G.P. Putnam’s Sons, 1904). In 12 vols. Vol. 7.
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hamilton to harrison
August 24, 1799.
Sir:—Attempts are making in different parts of the country to procure the enlargement of soldiers on writs of habeas corpus issued by and returnable before State judges. As this practice will probably involve serious consequence, it becomes necessary for me to avail myself of the information of those officers of the United States who are particularly charged with the consideration of legal questions. I wish, therefore, for your deliberate opinion, distinguishing between courts and individual judges, on the legality of this practice, and especially on the effect of a return to the writ, that the person demanded had been duly enlisted by an officer of the United States, in conformity with the laws and with his instruction. You will also be pleased to consider whether upon such a return it is necessary to produce the person who is the object of the habeas corpus. The charge for this opinion you will make against the Department of War.
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