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Colonial Cases

United States v. Cavanaugh [1864]


United States v. Cavanaugh

United States Consular Court, Nagasaki


Source: Sacramento Daily Union (U.S.A.), 8 September 1864

James Cavanaugh, convicted of manslaughter, by Consular Court in Japan, was brought here to serve the sentence of five years imprisonment, and applied to the United States Circuit Court to-day for the benefit of habeas corpus, claiming that the Japan Court had no power to imprison outside its own jurisdiction.


Source: Daily Alta California (U.S.A.), 8 September 1864

US Circuit Court - FIELD AND HOFFMAN, J.


James C. Cavanaugh was convicted in the United States Consular Court at Nagasaki, Japan, on the 18th day of September, 1863, of the crime of manslaughter, and sentenced to five years' imprisonment with hard labor.  Prisoner has been sent hither in consequence of the want of a suitable prison in Japan.  The case coming up before the court, the prisoner applies for a writ of habeas corpus, claiming that he cannot be restrained of his liberty beyond the jurisdiction of the Court before which he was convicted.  The hearing will be given on Monday, 12th.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School