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Entered according to Act of Congress, in the year 1840, by
SAMUEL MILLER, Jr. In the Clerk's Office of the District Court of the Eastern District of Pennsylvania.
Throughout the work, for Gonsalve, read Gonzalve.
1828, read 1838.
for on, read or.
The following report is as full as the nature of the case, and the proba-
EXHIBITS FILED WITH RELATOR'S SUGGESTION,
Exhibits A, B, C, D,-Correspondence between Mr. Sears
EXHIBITS FILED WITH RESPONDENT'S FURTHER RETURN,
Exhibit A-Memorandum as to the health of Frederick Sears
COURT OF GENERAL SESSIONS
CITY AND COUNTY OF PHILADELPHIA.
JULY TERM, 1840.
The Commonwealth of Pennsylvania,ex relatione
Paul Daniel Gonsalve Grand d'Hauteville,
David Sears, Miriam C. Sears, and Ellen Sears
Before George W. Barton, President Judge, and Robert T. Conrad, and Joseph M. Doran, Associate Judges.
Counsel for the relator, William B. Reed, John M. Scott, and Joseph R. Ingersoll, Esquires.
Counsel for the respondents, John Cadwalader, William M. Meredith, and Horace Binney, Esquires.
To the Honourable the Judges of the Court of General Sessions for the City and County of Philadelphia.
The Petition of Paul Daniel Gonsalve Grand d'Hauteville Respectfully showeth,
That your petitioner is a citizen and resident of the Canton de Vaud in Switzerland, and was, on the twenty-second of August 1837, married to Ellen Sears, the daughter of a certain David Sears, then a citizen of the State of Massachusetts, in the United States of America. That the said marriage was duly solemnized, according to the laws of the Canton de Vaud, in the church of Montreux in the said Canton, in the presence of the parents of both parties, and with their full approbation and consent. That by the laws of the said Canton, where the said marriage was solemnized, a wife is obliged to live with her husband whereever he thinks proper to reside, and the husband has the absolute and exclusive guardianship over any children born of said marriage. That the said Ellen, the wife of the said petitioner, having, in the early part of 1838, with his consent, come to Boston, in the said State of Massachusetts, on a temporary visit, has since, without any just cause known to your petitioner, refused to return to him, or been prevented from doing so. That on the twenty-seventh of September, 1838, a male child,
the issue of said marriage, was born at Boston. That your petitioner arrived in the United States in the month of July, 1839, and has been ever since engaged in a fruitless attempt to recover his said wife and child. That the said David Sears and Miriam C. Sears his wife, and the said Ellen Sears Grand d’Hauteville have for a long time restrained his said child of his liberty, and prevented your petitioner from regaining him, and have been engaged in various clandestine attempts to procure the authority of law, by means of special legislation, to prevent the said petitioner from having the guardianship and controul of his said child to which by law he is entitled. That your petitioner, on his arrival in the United States, and in the city of Boston, where the said David Sears, Miriam C. Sears and Ellen Sears Grand d'Hauteville then resided, after many ineffectual attempts, by friendly means, to recover possession of his said wife and child, had recourse to judicial process to effect the said object. That in order, as your petitioner verily believes, to avoid the service of this process, and to defeat the measures, thus according to law resorted to by your petitioner, his said wife and child were, as your petitioner verily believes, by the agency of the said David Sears and Miriam C. Sears, secreted and clandestinely removed from the city of Boston and State of Massachusetts, whereby your petitioner was deprived of the redress to which by the laws of Massachusetts he was entitled. That his said wife and child, having thus been removed from Massachusetts, and the said David Sears and Miriam C. Sears, as your petitioner is informed and verily believes, are now within the County of Philadelphia and State of Pennsylvania.
Your petitioner further shows, that the said child, named Frederic Sears Grand d'Hauteville, is now aged twenty-one months or thereabouts. That the said child is now actually unlawfully restrained of his liberty, and detained by the said David Sears, Miriam C. Sears and Ellen Sears Grand d'Hauteville in the said county, against your petitioner's consent and permission. That, to the best of his knowledge and belief, the restraint of the said child is not by virtue of any commitment or detainer for any criminal or supposed criminal matter, or by any process, judgment, decree, execution, or lawful authority whatever.
Wherefore your petitioner prays that your Honour will grant a writ of Habeas Corpus, under the seal of your honourable court, to the said David Sears, Miriam C. Sears, and Ellen Sears Grand d'Hauteville, commanding them to have the body of the said Frederic Sears Grand d'Hauteville, by them detained, together with the time and cause of his said confinement, restraint, or detention, before your Honour, at such place as your Honour may designate, immediately after the receipt of such writ, in order that your Honour may examine into the facts relating to the case, and into the cause of such confinement, restraint, or detention, and to do with and of the said child what shall then and there be considered by your Honour, and unto justice shall appertain.
G. GRAND D'HAUTEVILLE.
Paul Daniel Gonsalve Grand d'Hauteville, the above named petitioner, being duly sworn, says that the facts set forth in his petition are true to the best of his knowledge and belief, and that his said child is