Ex Parte Gordon

This was an application by Nathaniel Gordon for an alternative 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 this court. The facts averred by the petitioner are substantially stated by the Chief Justice in the opinion of the court.

Mr. Dean, of New York, presented the petition and moved for an alternative writ of prohibition, and also for a certiorari to bring up the proceedings.

Mr. Chief Justice TANEY.