Habeas Corpus and Military and Naval Impressment, 1756–1816

@article{Costello2008HabeasCA,
  title={Habeas Corpus and Military and Naval Impressment, 1756–1816},
  author={Kevin Costello},
  journal={The Journal of Legal History},
  year={2008},
  volume={29},
  pages={215 - 251}
}
  • K. Costello
  • Published 2008
  • Sociology
  • The Journal of Legal History
At the start of the Seven Years War in 1756, there occurred an unexpected increase in the demand by impressed soldiers and sailors for habeas corpus. This increased usage occurred in spite of the fact that habeas corpus was a deficient mechanism of judicial review: the scope of review was limited to formal defects appearing on the face of the return; it was unclear whether there was jurisdiction to issue the writ during the extensive times that the court was out of term; and there was no power… Expand
2 Citations
The Power of Habeas Corpus in America: From the King's Prerogative to the War on Terror
Part I. A History of Power Struggles: 1. Common law, royal courts 2. Parliament and the king 3. Americanization 4. Constitutional counterrevolution 5. Fugitive slaves and liberty laws 6. SuspensionExpand
Is mere color such a fact? : American citizens, British subjects and the struggle for African-American citizenship.
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References

SHOWING 1-10 OF 10 REFERENCES
Impressment and the Law in Eighteenth Century Britain
  • 1962
1795) 6 TR 497, 101 ER 667
    Easter 1760, PRO KB 36/175 KB; R. v Falkingham, Mich. 1761, PRO KB 36/175 KB
      Habeas Corpus Act 1816, s.1
        LMA COL/SJ/27/114. 200 (1778) 2 Black. 1207
          PRO KB 21/38. 190 Journal of the Common Council of the Corporation of London
            PRO KB 36/240; R. v Thompson, Easter 1779, PRO KB 36/245; R. v Roddam, Trin. 1779, PRO KB 36/ 246
              See, for example, habeas corpus directed Trin. 1779 to the commander of the Princess Amelia for the production of Luke Martin and Hans Jensen
                TR 745, 101 ER 1231 the jurisdiction to issue warrants for the restoration of apprentices was attributed to 'an old statute passed in the reign of Henry
                • R. v Edwards (1798)
                Wood's Case (1771) 2 Black. W. 745