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Ex Parte Gordon U.S. 503 (1862)

handle is hein.slavery/ussccases0419 and id is 1 raw text is: DECEMBER TERM, .1861. 503 Ex Parte Gordon. case, where a judgment is reversed and a venire de novo ordeFed-; and the reason given by the court was, that the District Court might not be trammeled in their future consideration of the case on all its merits. The motion for a mandamus is therefore refued. Ex PAnTE GoRDoN. 1. A writ of prohibition cannot issue from this court in cages where there is no appellate power given by law, nor any special authority to issue the writ. 2. Neither a writ of error, writ of prohibition, nor certiorari, will lie from this court to a Circuit Court of the United States, in a crimi- nal case. 3. The only mode of bringing a criminal case into this court is upon a certificate of the judges of the Circuit Court that their opinions are opposed upon a question raised at the trial. 4 No party has a right to ask for such a certificate, nor can it be made consistently with the duty of the court, if the judges are agreed and do not think there is doubt enough upon the question to justify them in submitting it to the judgment of this pourt. 5. After a party has been convicted and sentenced in the Circuit Court for a criminal offence, and after a warrant is in the hands of the marshal, commanding him to execute the judgment, the Circuit Court itself has no power to recall it; and certainly this court, hav- ing no appellate power over the proceeding, cannot prohibit a min- isterial officer from performing the duty which the Circuit Court has legally imposed upon him. This was an application by Nathaniel Gordon for an alterna- tive writ of prohibition to the judges of the Circuit Court of the United States for the southern district of New York, and its officers, and the United States marshal, to restrain them from further proceeding in a case wherein the said Gordon had been found guilty of piracy and sentenced to death; and also for a writ of certiorari commanding the judges to send up the papers. process, and all proceedings in the said cause, to

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