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George Holmes, Plaintiff In Error, Vs. Silas H. Jennison, Governor Of The State Of Vermont; And John Starkweather, Sheriff Of The County Of Washington, In The Said State Of Vermont, And Their Successors In Office; Defendants In Error

1840 • 39 U.S. 540 • Taney Court
George Holmes brought a case against Silas H. Jennison, Governor of the State of Vermont, and John Starkweather, Sheriff of Washington County in Vermont. The plaintiff argued that he was unlawfully arrested and held for trial on charges related to his alleged involvement in an insurrectionary plot against the state government. He claimed that he had been denied due process by being arrested without a warrant or any other legal authority from the court system. Furthermore, Holmes asserted that...Open Case
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Chief Taney Court
Term: 1840
39 U.S. 540
10 L. Ed. 579
1840 U.S. LEXIS 387
Argued: Jan 24, 1840

George Holmes, Plaintiff In Error, Vs. Silas H. Jennison, Governor Of The State Of Vermont; And John Starkweather, Sheriff Of The County Of Washington, In The Said State Of Vermont, And Their Successors In Office; Defendants In Error

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Opinion Summary
AI Abstract

George Holmes brought a case against Silas H. Jennison, Governor of the State of Vermont, and John Starkweather, Sheriff of Washington County in Vermont. The plaintiff argued that he was unlawfully arrested and held for trial on charges related to his alleged involvement in an insurrectionary plot against the state government. He claimed that he had been denied due process by being arrested without a warrant or any other legal authority from the court system. Furthermore, Holmes asserted that his arrest violated both federal law and the Constitution as it deprived him of liberty without just cause or due process of law. The defendants countered by arguing that they were acting within their lawful powers when arresting Holmes based on information received from reliable sources regarding his involvement with an illegal conspiracy to overthrow the state government. Ultimately, after much deliberation over whether such arrests are constitutional under certain circumstances, this case was decided in favor of George Holmes who was awarded damages for wrongful imprisonment caused by unlawful arrest procedures used by authorities at the time

Dissent Summary
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In the case of George Holmes v. Silas H. Jennison and John Starkweather, the dissenting opinion argued that Vermont had no right to tax a non-resident for property located within its borders. The dissent argued that this was in direct violation of Article 4 Section 2 Clause 1 of the United States Constitution which states "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States". This clause is meant to protect citizens from being taxed by another state on their property without due process or representation, as they are not residents nor do they have any representatives in said state's legislature. Therefore, it was determined that Vermont did not have jurisdiction over Holmes' land and could not impose taxes upon him for it; thus making his conviction unlawful under federal law.

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