United States v. Wilson (21 U.S. 253)/Opinion of the Court

THIS cause was brought before this Court upon a certificate of a division of opinion between the Judges of the Circuit Court for the southern District of New-York. The defendant was taken on the 16th of July, 1819, in execution by the marshal, upon a judgment obtained against him at the suit of the United States, in the District Court for the southern District of New-York, and committed to the custody of the Sheriff of the city and county of New-York, under an act of the Legislature of the State of New-York, passed April, 1813, and subsequently received his certificate of discharge under the act of the said State, passed April, 1819, entitled, 'an act for abolishing imprisonment for debt.'  A motion was made in the Court below for the defendant's discharge from custody on the ca. sa. issued against him at the suit of the United States; and on the question, whether he was entitled to his discharge, the Judges were divided in opinion, and the division was thereupon certified to this Court.

The cause was briefly argued by the Attorney General for the United States, and by Mr. Wheaton  for the defendant.

The Court directed the following certificate to be sent to the Circuit court.

CERTIFICATE. This cause came on to be heard on the transcript of the record of the United States Court for the second circuit, and southern District of New-York, on the question on which the Judges of that Court were divided, and which was certified to this Court. On consideration whereof, this Court is of opinion, that the said Joseph Wilson, who was in execution under a judgment obtained by the United States, is not entitled to a discharge of his person under the act of the State of New-York, entitled, 'an act abolishing imprisonment for debt,' passed April, 1819. All which is directed to be certified to the Circuit Court for the second circuit and southern District of New-York.