man and *88 Ex parte Boll- their own passions and prejudices, or those external Swartwout. influences, against which, in the imperfection of our nature, our minds can never be sufficiently guarded. In such times and circumstances, a judge will say to himself, "I know not how far I might be able, in this case, to form an impartial opinion. *I know not how far my judgment may be blinded or misled by my own feelings or the passions of others, by the circumstances of the moment, or the views and wishes of those with whom I am connected. But here is a precedent established under circumstances which exclude all possibility of improper bias. This precedent is, therefore, more to be relied on than my judgment; and to this I will adhere as the best and only means of protecting myself, my own reputation, and the safety of those who are to be affected by my decision, against the danger of those powerful, though imperceptible influences, from which the most upright and enlightened minds cannot be considered as wholly exempt." There have, indeed, been instances where precedents destructive to liberty, and shocking to reason and humanity, established in arbitrary and factious times, have been justly disregarded. But when in times of quiet, and in cases calculated to excite no improper feeling, precedents have been established in favour of liberty and humanity, they become the most sacred as well as the most valuable parts of the law, the firmest bulwark for the rights of the citizens, and the surest guardian for the consciences and the reputation of judges. Such are the precedents on which we rely. The case of Hamilton was decided soon after the establishment of the government, when little progress had been made in the growth of party passions and interests, and when whatever of political feeling can be supposed to have existed in the court, was against the prisoner. Yet this beneficial power was exerted for his relief. He was brought before this court by habeas corpus, and was discharged. The precedent thus established was, by this court, fifteen years afterwards, in the case of Burford, declared to be decisive. The case of Burford was wholly unconnected with political considerations, or party feelings. The application was made on behalf of an obscure individual, man and Swartwout. * 89 strongly suspected, though he could not be legally con- Ex parte Bollvicted, of a most odious and atrocious crime. The *abhorrence of his supposed offence, the strong circumstances which appeared against him, the course of his life, his general character, and the universal belief entertained of his guilt, all combined to excite against him every honest feeling of the human heart. Yet he had the benefit of one of those precedents which we now claim; and in his case the authority of another and a more solemn decision was added to the doctrine for which we contend. Again let it be asked, is not the law to be considered as settled by these repeated decisions? Are we still, as to this most important point, afloat on the troubled ocean of opinion, of feeling, and of prejudice? If so, deplorable indeed is our condition. Misera est servitus, ubi lex est vaga aut incerta. This great principle, stare decisis, so fundamental in our law, and so congenial to liberty, is peculiarly important in popular governments, where the influence of the passions is strong, the struggles for power are violent, the fluctuations of party are frequent, and the desire of suppressing opposition, or of gratifying revenge under the forms of law and by the agency of the courts, is constant and active. 2. The second head of inquiry is, whether the power to issue writs of habeas corpus be restricted by the circumstance of the commitment having been made by the circuit court of the district of Columbia. Do Before such a principle is admitted, let us inquire into its possible and even probable effects on the liberties of the people. Is it not manifest that it would deprive the citizens of the guardianship of the most respectable and independent courts, and place their personal liberty at the mercy of inferior tribunals? we not know that congress may institute as many inferior tribunals, and may assign to the judges of these tribunals such salaries as they may think fit? Does it not hence result that a succession of courts may be instituted, to the lowest of which may be assigned salaries so contemptible, and duties so unimportant or so odious, as necessarily and certainly to exclude every man of character, talents and respectability of every party? Will not such courts, therefore, be necessarily * 90 man and Swartwout. Ex parte Boll- filled by the meanest retainers, the most obsequious flatterers, and the most servile tools of those in power for the moment? Can any thing like independence or integrity be expected from such judges? Will they not act continually under the influence, not merely of their own party passions and prejudices, but of hope and of fear, those great perverters of the human mind? The precedent is already set that they may be turned out of office by the abolition of their courts; and their hopes of promotion to a higher station, and a better salary will depend on their servility and blind obedience to those in power, Let it be once established by the authority of this court, that a commitment on record by such a tribunal, is to stop the course of the writ of habeas corpus, is to shut the mouth of the supreme court, and see how ready, how terrible, and how irresistible an engine of oppression is placed in the hands of a dominant party, flushed with victory, and irritated by a recent conflict; or struggling to keep down an opposing party which it hates and fears. Does the history of the human passions warrant the conclusion, or the expectation, that such an engine will not be used? We unfortunately know, from the experience of every age, that there are few excesses into which men may not be hurried by the lust of power or the thirst of vengeance. We too are men of like passions, and it behoves us, ere we have reached these fatal extremes, to provide, as far as the imperfection of human nature will permit, against the dangers which have assailed others, and which threaten us. The best mode of making this provision is to establish salutary maxims in quiet times, and to adhere to them steadily. Let it be now declared that there resides in this high tribunal (as respectable as our constitution can make it, and as independent as the nature of our government permits) a power to protect the liberty of the citizen, by the writ of habeas corpus, against the enterprises of inferior courts, which may be constituted for the purposes of oppression or revenge, and you place one barrier more round our safety. #91 *What stubborn maxim of law, what binding authority, requires the admission of a principle so repugnant to all our feelings and to the spirit of the constitution? On what ground or reason of law can it be pretended that a commitment by the circuit court stops the course Ex parte Bollof the writ of habeas corpus ? Is it because the circuit court has competent jurisdiction to commit? This cannot be the reason, for every justice of the peace has competent jurisdiction to commit, and the reason, therefore, if it existed, would destroy the whole effect of the writ of habeas corpus. Is it because the circuit court has competent jurisdiction to try the offence? This cannot be the reason, for in Bushell's Case, formerly cited from 3 Wilson, 175. it appears that a commitment by the sessions at the Old Bailey, a criminal court of very high authority, and which had jurisdiction over the offence, did not prevent the court of common pleas from relieving by habeas corpus. So also by the forest laws in England, in former times, the judge of the forest had jurisdiction for the punishment of offences within the forest; and yet it appears, from 2 Inst. 290. that a person committed by the judge of the forest for such an offence, might be relieved by habeas corpus from the superior courts. It is well known, too, that by the laws of England, the king has power to erect courts by special commission, with power to try and punish offences. From Wood's Case, 3 Wils. 173. it appears that a person committed by such commissioners, in a case which they had authority to try, may be relieved by habeas corpus. This, therefore, cannot be the reason. Is it because the circuit court is a court of record? So is the court of piepoudre. But can it be imagined that if that court were to commit a man in England, the power of relieving by habeas corpus from the superior courts would be thereby taken away? Congress. may erect as many inferior courts of record as they please. Can it be imagined that by instituting such *courts they can, in effect, suspend the writ of habeas corpus indefinitely, and in cases where the suspension is expressly forbidden by the constitution? This power, moreover, has been shown to be appellate; and it is of the very essence of appellate power to review the decisions of inferior courts of record. Can it be imagined that such a decision may be reviewed where a small amount of property only is affected, and man and Swartwout. * 92, Ex parte Boll- that there is no relief where it deprives a citizen of his Swartwout. liberty? man and * 93 Between superior courts of record, of equal authority and co-ordinate rank, there may properly be a comity observed which would prevent them from attempting to interfere with the decisions of each other. Perhaps in England the court of common pleas would not attempt to release, by habeas corpus, a person.committed by the exchequer, or chancery, and vice versa. But this comity cannot exist between superior and inferior courts; and there is no doubt that the court of king's bench, which is a court superior to the common pleas and the exchequer, would grant a writ of habeas corpus, for any person imprisoned by either of those courts for a criminal matter. But this point does not rest on general reasoning alone, however strong. It has been expressly adjudged by this court. The case of Burford, formerly cited, is a complete authority on this point as well as on the former. Burford's Case had been acted on judicially by the circuit court of this district. He stood committed under its decision. That court did not, indeed, commit him in the first instance, but he was brought before it on habeas corpus; the order of commitment made by the justices of the peace was altered and modified, and he was committed by a new order from the circuit court. This recommitment was as complete an adjudication upon the subject as the commitment in the present case. One was as much a determination on record by the circuit court as the other; and one can no more than the other, preclude the exercise of this court's power to relieve by habeas corpus. *Again, therefore, we claim the benefit of this decision. We again appeal to the great maxim stare decisis; we again deprecate the mischiefs that must ensue, if precedents in favour of liberty, made in times and under circumstances the most favourable to correct decision, should be disregarded in other times, and in situations where the existence of passion, prejudice and improper influence may be dreaded. We deprecate the dangers and mischiefs that must ensue, should the laws, on which our dearest rights depend, be thus left to fluctuate on the ever varying tide of circumstances and events, and we trust that the protecting power of this |