Ex parte Milburn

A RULE to show cause why a habeas corpus should not be awarded to bring up the body of George Milburn, in confinement in the jail of the county of Washington in the District of Columbia.(a)

(a) When the petition in this case was presented to the court, a habeas corpus was asked to be issued, and it was proposed to argue the question of the right of the petitioner to his discharge, on the return of the habeas corpus.

Mr Chief Justice MARSHALL said: As the jurisdiction of the supreme court is appellate, it must first be shown that the court has the power in this case to award a habeas corpus.