Cheong Ah Moy v. United States

• Decision Date: 26 January 1885
• Citation: 113 U.S. 216,5 S.Ct. 431,28 L.Ed. 983
• Parties: CHEONG AH MOY v. UNITED STATES. 1
• Court: U.S. Supreme Court

113 U.S. 216

5 S.Ct. 431

28 L.Ed. 983

CHEONG AH MOYv.UNITED STATES.¹

January 26, 1885.

H. S. Brown and Thos. D. Riordan, for plaintiff in error.

Asst. Atty. Gen. Maury, for defendant in error.

MILLER, J.

The plaintiff in error here is a Chiness woman, who, arriving at San Francisco from China, was not permitted to land in that city, by reason of the acts of congress of May 6, 1882, and the amendatory act of 1884, and, being forcibly kept on board the vessel, sued out a writ of habeas corpus to obtain her release.On a hearing in the circuit court of the United States it was ordered that she be returned on board the vessel in which she came, or some other vessel of the same line, to be carried back to China; and she was placed in the custody of the marshal, who was directed to execute the order.On undertaking to do this, it was found that the vessel had sailed, and the marshal placed his prisoner in jail for safe-keeping until another vessel should be at hand to remove her.Her counsel, upon this state of facts, applied to the circuit court for permission to give bail on behalf of the woman and have her released from custody.The judges of the circuit court were opposed in opinion on the question of granting this motion, and, having overruled it, have certified the division to this court.In the mean time it is made to appear to us, by the return of the marshal, and by affidavits, that on the second day of October, three days after the order was made overruling the motion, and ten...