Dallemagne v. Moisan

This is an appeal on the part of the consul general of the Republic of France from the judgment of the district court of the United States for the northern district of California, discharging the defendant Moisan from imprisonment.

The proceeding arises on habeas corpus, to inquire into the validity of the detention of defendant in the city prison of San Francisco, in the state of California. His application for the writ was addressed to the district court of the United States for the northern district of California, and it showed that he was a citizen of France, and was imprisoned by virtue of a requisition in writing, signed by the French consul general residing in San Francisco, and addressed to the chief of police of San Francisco, California, requiring his arrest as one of the crew of the French ship Jacques, then in that port, on account of his insubordinate conduct as one of such crew. (The requisition contained all the averments of fact which would warrant the arrest of the petitioner under the provisions of the treaty of 1853 between the United States and France.) The petitioner also averred that, at the time of the making of his application for the writ, the ship was not in the port of San Francisco, but had departed therefrom some time before. The petitioner was arrested by the chief of police, under such requisition, on the 1st day of May, 1903, and since that time had been confined in the city prison of San Francisco. He asserted that his imprisonment was illegal, because the facts set forth did not confer jurisdiction upon the consul or the chief of police, or either of them, to restrain complainant from his liberty, or to imprison him.

The petition was dated the 26th day of May, 1903, and the writ was issued, returnable before the district court on the 28th day of May, 1903. The chief of police produced the body of the defendant, pursuant to the command of the writ, and justified the imprisonment, under the requisition referred to.

The district court, after hearing counsel, made an order discharging the defendant from arrest, on the ground that it appeared to the court that the bark Jacques, of the crew of which the defendant was a member, had departed from the port of San Francisco, and was no longer in that port. It was further ordered that the execution of the order should be stayed for the term of one day. Immediately thereon the consul general filed with the district court his petition for appeal to the Supreme Court of the United States from the judgment discharging the defendant from imprisonment, which appeal was duly allowed, and thereupon the petitioner was admitted to bail by the district court.

Messrs. Walter V. R. Berry and Benjamin S. Minor for appellant.

[Argument of Counsel from pages 171-172 intentionally omitted]

Mr. William Denman for appellee.

[Argument of Counsel from pages 172-173 intentionally omitted]

Mr. Justice Peckham, after making the foregoing statement of the facts, delivered the opinion of the court: