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A writ of error is not a
Habeas corpus
"District of Columbia. County of Washington, ss. Whereas it is represented by Sabret Scott to the subscriber, a justice of the peace, that his negro, Ben, has run away from his service, and otherwise treated him ill, and fears that the said negro Ben will run away again, and therefore prays a commitment for safe keeping: These are therefore to authorize and require you to receive the said Ben, and him safe keep in your jail until his said master releases him therefrom, or he be otherwise legally discharged. Given under my hand and seal this 23d day of March, 1809. (Signed.) John Ott. (L.S.) The marshal of the District of Columbia."
Mr. F. S. Key, for the prisoner, contended that he was free by
the judgment of this Court, rendered on the 19th of June, 1807,
and that the writ of error did not suspend the judgment. The
citation was not served until January 12th, 1808. No copy of
the writ of error was lodged in the office of the clerk, for the
master, as required by the
Mr. Jones, contrà. The writ of error was left in the office within the ten days, viz., on the 22d of June, 1807, and while it remained there, no copy was necessary for the adverse party.
The Court, then consisting of Cranch, C. J., and Fitzhugh, J., being divided in opinion, the prisoner was remanded.
But at June term, 1809, the prisoner was brought up again by
habeas corpus, and the Court being full he was discharged, the
Court (Fitzhugh, J., contrà,) being of opinion that the writ of
error could not be served so as to be a