Holmes v. Jennison/Opinion of the Court

United States Supreme Court

Holmes v. Jennison

This cause came on to be heard on the transcript of the record from the Supreme Court of judicature of the State of Vermont, and was argued by counsel. On consideration whereof, it is now here ordered and adjudged by this Court, that this writ of error to the said Supreme Court be, and the same is hereby, dismissed for the want of jurisdiction.^[1]

Notes

↑ The Reporter has inserted this case in the present volume of reports, although no decision on the questions presented to the Court was given. The principles, discussed with great ability by the counsel for the plaintiff in error, the importance of the questions involved in it, and the great judicial learning and knowledge contained in the opinions delivered by the justices of the Court, are of the highest interest. Although no judgment was given in the case, it will be seen that a majority of the Court concurred in the opinion that the Governor of the state of Vermont had not the power to deliver up to a foreign government a person charged with having committed a crime in the territory of that government. After this case had been disposed of in the Supreme Court of the United States, on a habeas corpus issued by the Supreme Court of Judicature of the state of Vermont, George Holmes was discharged. The judges of that Court were satisfied, on an examination of the opinions delivered by the justices of the Supreme Court, that by a majority of the Court it was held, that the power claimed to deliver up George Holmes did not exist.

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

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[ref1-1] The Reporter has inserted this case in the present volume of reports, although no decision on the questions presented to the Court was given. The principles, discussed with great ability by the counsel for the plaintiff in error, the importance of the questions involved in it, and the great judicial learning and knowledge contained in the opinions delivered by the justices of the Court, are of the highest interest. Although no judgment was given in the case, it will be seen that a majority of the Court concurred in the opinion that the Governor of the state of Vermont had not the power to deliver up to a foreign government a person charged with having committed a crime in the territory of that government. After this case had been disposed of in the Supreme Court of the United States, on a habeas corpus issued by the Supreme Court of Judicature of the state of Vermont, George Holmes was discharged. The judges of that Court were satisfied, on an examination of the opinions delivered by the justices of the Supreme Court, that by a majority of the Court it was held, that the power claimed to deliver up George Holmes did not exist.

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