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US 16978.46

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.

ERRATA.

Throughout the work, for Gonsalve, read Gonzalve.
Wherever it occurs, for Frederic S. G. d'H. read Frederick, &c.
Page 19, 24th line from top, for Mr. D. Sears, read Mad. Sears.
23, 10th

1828, read 1838.
24, for £, read francs.
27, 3d line from bottom, for even read ever.
33, 11th

for on, read or.
37, 18th line from top, for d'un bon, read d'une bonne.
279, 17th “ for appears, read may perhaps be in ferred.

ADVERTISEMENT.

The following report is as full as the nature of the case, and the proba-
ble demands of the public seemed to warrant. The whole of the cor-
respondence between the parties, offered in evidence, has not been
given, but much the greater part of it, and all which seemed important
to the case, or likely to interest the reader. For the selection made, as
well as for the accuracy and impartiality of the whole work, the re-
porter alone is responsible: neither of the parties litigant, nor their
counsel, have had any thing to do with the preparation of it; except-
ing that to the counsel for the relator, the reporter is indebted for the
free use of all the papers and materials in their possession, for which
he asked. The interlocutory opinions of the court, on points of evi-
dence, &c., and the arguments of counsel, are given in a closely con-
densed form, embracing, however, enough for the professional and too
much for the ordinary reader. The final opinion appears in full. No
Index to the work is added, the arrangement made of the correspond-
ence, and the fulness of the Table of Contents, rendering it unnecessary.

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PETITION FOR WRIT OF HABEAS CORPUS,

WRIT OF HABEAS CORPUS,

RETURN OF DAVID SEARS,

56 MIRIAM C. SEARS,

66 ELLEN SEARS GRAND d'HAUTEVILLE,

RELATOR'S SUGGESTION,

EXHIBITS FILED WITH RELATOR'S SUGGESTION,

Exhibits A, B, C, D,-Correspondence between Mr. Sears

and Mr. Couvreu, 36-47. Exhibit E-Message from the Go-

vernor of New York, returning the Bill entitled, “ An Act for the

Protection of Minors,47.

ADDITIONAL SUGGESTION,

FURTHER RETURN AND ANSWER OF ELLEN SEARS, GRAND d'HAUTE-

VILLE,

EXHIBITS FILED WITH RESPONDENT'S FURTHER RETURN,

Exhibit A-Memorandum as to the health of Frederick Sears

Grand d'Hauteville, 112. Exhibits B, C, D, E-Correspon-

dence, 113–138.

ADDITIONAL RETURN,

RELATOR'S FURTHER SUGGESTION,

ARGUMENT ON THE JURISDICTION OF THE COURT, &c.

OPENING FOR RELATOR,

RELATOR'S TESTIMONY,

Letters, 196–223. Marriage Contract, 200. Certificate of

Baptism of Frederick Sears Grand d'Hauteville, 220. Deposi-

tions of Josephine Emery (223) and Eliza Farrar, 224. Affidavit

of Mr. Le Ray de Chaumont, 229. Civil Code of the Canton de

Vaud, 232. Petition for the Perpetuation of Testimony, in the

Sup. Judicial Court of Mass. 232.

APPLICATION FOR POSTPONEMENT, WITH AFFIDAVIT, &c.

OPENING FOR RESPONDENT,

RESPONDENT'S TESTIMONY,

Depositions of Dr. John C. Warren, (235) Martha A. Greene,

(243) Sophia H. Ritchie, George Lee, (251) Francis C. Gray,

(252) Alleyne Otis, and Eliza H. Otis, 275. Testimony of Dr.

Charles D. Meigs, (239) Dr. Nathaniel Chapman, (241) David

Sears, (255) Miriam C. Sears, (260) M. Cordelia Sears, 273.

Revised Statutes of Massachusetts, 255. Affidavit of Mrs. E. S.

d'Hauteville, 275.

ARGUMENTS,

Scott

, for the Relator, 276. Cadwalader, for the Respondent,

278. Meredith for the Respondent, 281. Ingersoll for the Re-

lator, 283.

OPINION OF THE COURT,

230
233
235

COURT OF GENERAL SESSIONS

FOR THE

CITY AND COUNTY OF PHILADELPHIA.

JULY TERM, 1840.

The Commonwealth of Pennsylvania,ex relatione

Paul Daniel Gonsalve Grand d'Hauteville,

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Habeas Corpus.

David Sears, Miriam C. Sears, and Ellen Sears

Grand d'Hauteville.

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.

PETITION.

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,

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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.

And
your petitioner will ever pray, &c.

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

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