¶1[42] We have no power in such a case to oi’der a jury. This is not directly a case of property — it is one of personal liberty — it is a writ of right, intended for the protection of individuals against arbitrary or illegal detentions, and we are to decide upon it in our constitutional capacity, sitting here to superintend the liberty of the citizen, and to protect it from violation.
1 N.J.L. 49
State v. Farlee
Decided November 15, 1790
Supreme Court of New Jersey · decided 1790-11-15
<p>On habeas corpus the court have no power to order a jury to determine the questions of fact that may arise: the court are the constitutional judges. _</p>
Decided 1790-11-15