EX PARTE TOBIAS WATKINS.

Habeas corpus. W., at May term 1829 of the circuit court of the district of Columbia, was tried upon three indictments for offences against the United States, and was sentenced on each to imprisonment for three months, and to pay a fine, on one indictment of two thousand dollars, on another of seven hundred and fifty dollars, and on another of three hundred dollars, with the costs of prosecution. No award was made on either judgment, that W. should stand committed until the sentence be performed. W. was, under these sentences, committed to jail by the then marshal of the district, and upon the expiration of his office, and the appointment of his successor, after the term of W.'s imprisonment was exhausted, he was delivered over in jail, with other prisoners, to his successor, and has ever since been detained in custody. The time of imprisonment expired on the 14th May 1830. On the 3d September 1829, the district attorney sued forth three several writs of fieri facias to levy the fines, which were returned "nulla bona." On the 16th February 1830, three writs of capias ad satisfaciendum were issued against W. for the fines, returnable to the next term of the court in May, which writs commanded the marshal to take W., and him safely keep, and have his body before the circuit court on the first Monday of the term, to satisfy the United States for the fines and costs, &c. No return was made to the court by the marshal, according to the exigency of the writ, and nothing further was done until the 10th day of January 1833; when the late marshal of the district made a return to each writ of capias ad satisfaciendum "cepi and delivered over to my successor in office." W. petitioned the court for a habeas corpus, asserting that he was illegally confined. The court awarded the writ; and on the return thereof, discharged the prisoner from confinement.

This court has authority to award a habeas corpus upon this state of facts. As it is the exercise of the appellate power of the court to award the writ, it is within its jurisdiction to do so. It is revising the effect of the process of the circuit court under which the prisoner is detained; and is not the exercise of original jurisdiction.

The eighth amendment to the constitution of the United States, which declares that excessive fines shall not be imposed, is addressed to courts of the United States exercising criminal jurisdiction, and is doubtless mandatory to, and a limitation upon their discretion. But this court have no appellate jurisdiction to revise the sentences of inferior courts, in criminal cases; and cannot, even if the excess of the fine was apparent on the record, reverse the sentence.

The prisoner could not be detained in jail longer than the return day of the process; and he should then have been brought into the circuit court and committed, by order of the court, to the custody of the marshal, for pay

[Ex parte Watkins.]

ment of the fine. This not having been done, by the law of Maryland, which is the law of the part of the district of Columbia in which is situated the city of Washington, he is entitled to be discharged from confinement under the process.

TOBIAS WATKINS, by Mr Brent, his counsel, presented a petition to the court, setting forth that at the term of the circuit court of the district of Columbia, holden for the county of Washington, on the first Monday of May 1829, certain presentments and indictments were found against him, upon three of which indictments trials were had and verdicts passed against him, and judgments on such verdicts respectively were pronounced by the court, purporting to condemn him to certain terms of imprisonment, and also to the payment of certain pecuniary fines and costs, for the supposed offences therein. For the nature of those proceedings the petitioner referred to the exemplifications filed in this court, with an application made to the court at January term 1830, 3 Peters's Rep. 193. The petition stated that immediately after the rendition of such judgments, and in pretended execution of the same, on the 14th day of August 1829, he, the petitioner, was committed to the common jail of the county of Washington, and there remained until the terms of imprisonment imposed by the several judgments had expired, the same having expired on the 14th day of May 1830: and that ever since that time he has been, and still is detained in the criminal apartment of the prison, under the colour and pretence of authority, not only of the judgments, but of three certain writs issued on the 16th day of February 1830, by the clerk of the circuit court of Washington county, by special orders of the district attorney of the United States for the district of Columbia, as he has been informed and believes, at the request and by direction of the president of the United States. That he is illegally detained in prison by the authority of the said writs, as he is well advised; and avers that they give no authority for his commitment and detention, having been not only illegally and oppressively issued, but he has been by them deprived of the privilege secured to him by the laws of the land, to be released from imprisonment on the ground of his insolvency, and being unable to pay his debts.

VOL. VII.-3 W

[Ex parte Watkins.]

The writs gave no authority for his present detention and imprisonment, for a longer period than the first Monday in May 1830; since which time, even admitting the writs to have been legally issued, his imprisonment has been illegal and oppressive, and without any authority whatever. That the fines are excessive, and as such, contrary to the laws of the land, as he was at the time they were imposed, and ever since has been unable to pay the same, and it is not the law of the land that a citizen shall be confined for life for fines which he cannot pay. He has been refused the benefit of the insolvent laws, and if relief cannot be obtained from this court, from his inability to pay the fines he will be confined for life.

The petition "prays the benefit of the writ of habeas corpus to be directed to the marshal of the district of Columbia, in whose custody, as keeper of said jail, your petitioner is, commanding him to bring before your honours the body of your petitioner, together with the cause of his commitment, and especially commanding him to return with said writ, the record of the proceedings upon said indictments, with the judgments thereupon, and the several writs under the supposed authority of which your petitioner is now detained; and to certify whether your petitioner be not actually imprisoned and detained; as aforesaid, in a criminal apartment of said jail, by the supposed authority, and in virtue of said several writs."

The court granted a rule to show cause returnable on a subsequent day of the term.

The case was argued by Mr Brent and Mr Coxe, for the relator; and by Mr Taney, attorney-general for the United States.

Mr Justice STORY delivered the opinion of the Court.

This is an application to the court to award a writ of habeas corpus to bring up the body of Tobias Watkins, a prisoner, asserted to be illegally confined in the common jail of Washington county in the district of Columbia, under process of execution issued from the circuit court of the United States for the same district. A rule was served upon the attorney-general, to show cause why the application should not be granted; and the cause has been fully argued upon the return of that

[Ex parte Watkins.]

rule. It is admitted that all the facts existing in the case have been laid before the court, exactly as they would appear if the habeas corpus had been duly awarded and returned; so that the judgment which the court are called upon to pronounce, is precisely that which ought to be pronounced upon a full hearing upon the return to the writ of habeas corpus, and it has accordingly been so argued at the bar.

The material facts are as follows. Watkins was tried at the May term of the circuit court 1829, upon three several indictments found against him at that term for certain offences against the United States; and being found guilty, was upon each indictment sentenced to imprisonment for three calendar months, and to pay certain fines, to wit, on one indictment two thousand dollars, on another, seven hundred and fifty dollars, and on a third three hundred dollars, with costs of prosecution. There is no award in either of the judgments, that the prisoner stand committed until the sentence be performed. Under these sentences Watkins was immediately committed to jail by the then marshal of the district; and upon the expiration of his office, which was after the term of imprisonment was exhausted, and the appointment of a successor, he was delivered over in jail with other prisoners to his successor; and he has ever since been detained in custody. The terms of imprisonment awarded by the judgments expired on the 14th of May 1830.

On the 3d day of September 1829, the district attorney sued forth three several writs of fieri facias, to levy the aforesaid fines; upon which due return was made by the marshal of nulla bona. Upon the 16th of February 1830, the district attorney sued forth three several writs of capias ad satisfaciendum against Watkins to levy the same fines, which were all returnable to the then next May term of the circuit court. By these precepts the marshal is commanded to take Watkins, and him safely keep, so that he have his body before the circuit court on the first Monday of May then next, to satisfy unto the United States the fine, costs and charges. No return was made to the circuit court by the marshal according to the exigency of these writs; and nothing further appears upon the. records and proceedings of the court until the 10th day of January 1833, when the late marshal of the district made a return

[Ex parte Watkins.]

to each capias ad satisfaciendum as follows. "Cepi. Delivered over to my successor in office."

Upon this state of the facts several questions have arisen. and been argued at the bar; and one, which is preliminary its nature, at the suggestion of the court. This is, whether, under the circumstances of the case, the court possess jurisdiction to award the writ. And upon full consideration we are of opinion that the court do possess jurisdiction. The question turns upon this, whether it is an exercise of original or appellate jurisdiction. If it be the former, then, as the present is not one of the cases in which the constitution allows this court to exercise original jurisdiction, the writ must be denied. Marbury v. Madison, 1 Cranch's Rep. 137, S. C. 1 Peters's Cond. Rep. 267. If the latter, then it may be awarded, since the judiciary act of 1789, ch. 20, sect. 14, has clearly authorized the court to issue it. This was decided in the case Ex parte Hamilton, 3 Dall. 17; Ex parte Bollman and Swartwout, 4 Cranch, 75; and Ex parte Kearney, 7 Wheat. Rep. 38. The doubt was whether, in the actual case before the court, the jurisdiction sought to be exercised was not original, since it brought into question, not the validity of the original process of capias ad satisfaciendum, but the present right of detainer of the prisoner under it. Upon further reflection, however, the doubt has been removed.

The award of the capias ad satisfaciendum must be considered as the act of the circuit court, it being judicial process, issuing under the authority of the court. The party is in custody under that process. He is then in custody, in contemplation of law, under the award of process by the court. Whether he is rightfully so, is the very question now to be decided. If the court should, upon the hearing, decide that the capias ad satisfaciendum justifies the present detainer, and should remand the prisoner, it would clearly be an exercise of appellate jurisdiction; for it would be a revision and confirmation of the act of the court below. But the jurisdiction of the court can never depend upon its decision upon the merits of a case brought before it; but upon its right to hear and decide it at all. In Marbury v. Madison, 1 Cranch, 137, it was said, that it is the essential criterion of appellate jurisdiction that it