Reports Of Cases Decided In The Circuit And District Courts Of The United States Within The Southern District Of Ohio 1856-1871 Humphrey H. Leavitt, Judge
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Reports Of Cases Decided In The Circuit And District Courts Of The United States Within The Southern District Of Ohio 1856-1871 Humphrey H. Leavitt, Judge; Volume 2 Of Reports Of Cases Decided In The Circuit And District Courts Of The United States Within The Southern District Of Ohio 1856-1871; Humphrey Howe Leavitt
United States. Circuit Court (6th Circuit), Humphrey Howe Leavitt, United States. District Court (New York) Ohio (Southern District)
R. Clarke & co., 1872
Law reports, digests, etc
Autobiography Of The Hon. Humphrey Howe Leavitt (Afrikaans Edition)
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Autobiography Of The Hon. Humphrey Howe Leavitt
Humphrey Howe Leavitt
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Decision Of Judge Leavitt, Of Ohio, In The Vallandigham Habeas Corpus Case...
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This is a reproduction of a book published before 1923....)
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Decision Of Judge Leavitt, Of Ohio, In The Vallandigham Habeas Corpus Case
United States. Circuit Court (6th Circuit), Humphrey Howe Leavitt
Printed for gratuitous distribution, 1863
Law; General; Habeas Corpus; Habeas corpus; Law / Constitutional; Law / General; United States
Humphrey Howe Leavitt was an American jurist and politician. He served as a U. S. Representative from Ohio and as a United States District Court judge.
Background
Humphrey Howe Leavitt was born in Suffield, Connecticut, the son of John Leavitt and his wife, née Fitch. He was a distant cousin of Joshua Leavitt and a descendant of John Leavitt, of Hingham, England, who emigrated to Boston in 1628 and, later, settled in Hingham, Massachussets In 1800 the Leavitts removed to Ohio and located near Warren, Trumbull County, where he spent his boyhood.
Education
He received a classical education in a grammar school. For some time he attended an academy in western Pennsylvania but, at sixteen, discontinued his studies. In the fall of 1814 he began to study law, first, with Benjamin Ruggles of St. Clairsville, Ohio, and, later, with John C. Wright of Steubenville.
Career
At the beginning of his career he worked as a schoolteacher and as a clerk in a retail store. In 1816 he was admitted to the bar and commenced to practise in Cadiz but, in 1819, moved to Steubenville, where for four years he was the partner of John M. Goodenow. He was appointed, by the court of common pleas, prosecutor for Jefferson County and held this office from 1823 to 1829.
In 1825 he was elected to the Ohio House of Representatives. Two years later he was elected to the state Senate. His election was contested on the ground that he was disqualified for membership because he was holding the office of prosecuting attorney. With but one dissenting vote, the Senate decided, however, to allow him to take his seat. At the conclusion of his term in the Senate he was appointed clerk of the common pleas and supreme courts of Jefferson County.
In 1830 he was elected to Congress, as a Jacksonian Democrat, to fill the unexpired term of his former partner, John M. Goodenow. In 1832 he was reëlected to Congress.
On June 30, 1834, Jackson appointed him federal judge of the district court for Ohio, in which capacity he continued to serve for almost forty years. When, in 1855, the state of Ohio was divided into judicial districts he was assigned to the southern district and, in April of that year, moved to Cincinnati. Many of his opinions are printed in L. H. Bond, Reports of Cases Decided in the Circuit and District Courts of the United States within the Southern District of Ohio (2 vols. , 1852), John McLean, Reports of Cases Argued and Decided in the Circuit Court of the United States for the Seventh Circuit (6 vols. , 1840 - 56), and in S. S. Fisher, Reports of Cases arising upon Letters Patent (6 vols. , 1867 - 74). Although he entertained anti-slavery views he rigorously maintained the constitutionality of the Fugitive-slave Law. For this he was severely criticized by the Anti-Slavery party. In 1858 in a charge to a jury in one of these cases he said: "Christian charity was not the meaning or intent of the fugitive slave law, and it would not therefore answer as a defence for violating the law" (Howe, post, p. 268). His most conspicuous case was the suit of Clement L. Vallandigham in 1863. Vallandigham, found guilty by a military commission, applied for a writ of habeas corpus. Contrary to the usual procedure of issuing the writ as "of right" and letting General Burnside reply thereto, Leavitt at once invited Burnside to present a statement and then refused the writ upon the grounds that the arrest was legal, and that, even though it had been illegal, the writ would not be obeyed. In 1871 he resigned and moved to Springfield, where he died.
Achievements
Leavitt presided over several major trials during his long judiciary tenure including several cases involving fugitive slaves. Among the major cases was that of Ohio politician Clement Vallandigham, in which Leavitt wrote an opinion on Vallandigham's well-known habeas corpus case, which Leavitt decided.
While in Congress he was one of the three Ohio representatives who voted against rechartering the Bank of the United States, because he doubted the constitutionality of the bank and also the expediency of perpetuating the institution.