In re Perkins

severally delivered opinions.

The petitioners were arrested under the provisions of an act concerning fugitives from labour, passed April 15th, 1852, upon satisfactory evidence that they were slaves by the laws of Mississippi, were brought to California before her admission, and had upon demand refused to return to said State.' The magistrate before whom this examination was had, delivered them over to the custody of their owner, to be removed from this State, according to the provisions of the 4th section of said act. A writ of habeas corpus was afterwards sued out by the prisoners, returnable before the Judge of the Judicial District, which was dismissed upon hearing; and the prisoners remanded to the custody of their owner. Application was then made to one of the justices of this Court during vacation for another writ, which was granted, returnable on the first day of the term. Upon the coming in of this writ, it is contended that this is an original proceeding, of which every judge of a Court of Record has cognizance; and that the question having once been adjudicated by a Court of competent jurisdiction, this Court has no authority to review that decision.

*430 The acts…