Amendment IV

[Volume 5, Page 239]

Document 15

Ex parte Burford

3 Cranch 448 1806

The Judges of this Court were unanimously of opinion, that the warrant of commitment was illegal, for want of stating some good cause certain, supported by oath. If the circuit court had proceeded de novo, perhaps, it might have made a difference. But this court is of opinion, that that court has gone only upon the proceedings before the justices. It has gone so far as to correct two of the errors committed, but the rest remain. If the prisoner is really a person of ill fame, and ought to find sureties for his good behavior, the justices may proceed de novo, and take care that their proceedings are regular.

The Founders' Constitution
Volume 5, Amendment IV, Document 15
The University of Chicago Press

© 1987 by The University of Chicago
All rights reserved. Published 2000