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![handle is hein.slavery/ussccases0427 and id is 1 raw text is: Oct. 1879.] Ex PAR'TE SIEBOLD. 871
EX PARTE SIEBOLD.
1. The appellate jurisdiction of this court, exercisible by the writ of habeas
corpus, extends to a case of imprisonment upon conviction and sentence of
a party by an inferior court of the United States, undere and by.virtue of
an unconstitutional act of Congress, whether this court has jurisdiction to
review the judgment of conviction by writ of error or not,
2. The jurisdiction of this court by habeas corpus, when not restrainet. by some
special law, extends generally to imprisonment pursuant to the judgment
of an inferior tribunal of the United States which has no jurisdiction of
the cause, or whose proceedings are otherwise void and not merely errone-
ous; and such a case occurs when the proceedings are had under an 3ancon-
stitutional act.
3. But when the court below has jurisdiction of the cause, rnd the matter
charged is indictable under a constitutional law, any errors committed by
the inferior court can only be reviexl-ed by writ of error; and,'of couise, can-
not be reviewed at all if no writ of error lies.
4. Where personal liberty is concerned, the judgment of an inferior court affect-
ing it is not so conclusive but that the. question of its iaithority to try and
imprison the party may be reviewed on habeas corpus by a superior court
or judge having power to award the writ.
6 Certain judges of election in the city of Baltimore, appointed under State
laws, were convicted in the Circuit Court of the United States, under sects.
6515 and 5522 of the Revised Statutes of the United- States, for inierfering
with and resisting the supervisors of election apd deputy marshals of the
United State3 in the performance of their duty. at an election of representa.
tives to Congress, under sects. 2016, 2017, 2021, 2022, title xxvi., of the.
revised Statutes. Hdd, that the question of the constitutionality of said
laws is good ground for the issue by this court of a writ of habeas corpus to
inquire into the legality of the imprisonment under such conviction; and if
the laws are determined to be unconstitutional, th6 prisoper shoutd be dis-
charged.
6. Congre-s had power by the 'Constitution to en'act sect.'5515 of the Revised
Statutes, which makes it a pdnal offence dgainst the Uuited States for any
officer of election, at an election held for a representative in Congress, to
neglect to perform, or to violate, any'duty in regard to such election,
whether required by a law of the State or of the United States, dr knowi
ingly to do any act unauthorized by any sue.h law,-with intent to affect such
election, or to make a fraudulent certificate of the result, &e. ; and sept.
5522, which makes it a penal off~ce for any. officer, or other person, 'im
or without process, to obstruct, hinder, bribe, or interfere with a supervisor
cf election, or marshal, or deputy marshal, in the perforinefice of any duty
required of them by any law of tie United States, or to prevent their free
attendance at the plAces of registration or election, 9c.; als6, sects. 2011,
2012, 2016, 2017, 2021, 2022, title xxvi.,_which Authorize th.L circuit courts
to ajpoint supervisbrs of such Iectioos, and the marshal to appoint special
deputies to aid and assist them, and which prescribe - the duties of such
supervirors and deputy marshals,- these being the laws provided in the.](ViewImageLocal?handle=hein.slavery/ussccases0427&div=1&collection=&method=preview&ext=.png&size=3)