prisoner o

PRISONER One held in confinement against his will. 
     2. Prisoners are of two kinds, those lawfully confined, and those 
unlawfully imprisoned. 
     3. Lawful prisoners are either prisoners charged with crimes, or for a 
civil liability. Those charged with crimes are either persons accused and 
not tried, and these are considered innocent, and are therefore entitled to 
be treated with as little severity as possible, consistently with the 
certain detention of their persons; they are entitled to their discharge on 
bail, except in capital cases, when the proof is great; or those who have 
been convicted of crimes, whose imprisonment, and the mode of treatment they 
experience, is intended as a punishment, these are to be treated agreeably 
to the requisitions of the law, and in the United States, always with 
humanity. Vide Penitentiary. Prisoners in civil cases, are persons arrested 
on original or mesne process, and these may generally be discharged on bail; 
and prisoners in execution, who cannot be discharged, except under the 
insolvent laws. 
     4. Persons unlawfully confined, are those who are not detained by 
virtue of some lawful, judicial, legislative; or other proceeding. They are 
entitled to their immediate discharge on habeas corpus. For the effect of a 
contract entered into by a prisoner, see 1 Salk. 402, n.; 6 Toull. 82. 
     5. By tho resolution. of congress, of September 23, 1789, it was 
recommended to the legislatures of the several states, to pass laws, making 
it expressly the duty of the keepers of those jails to receive and safely 
keep therein, all persons committed under the authority of the United 
States, until they shall be discharged by due course of the laws thereof, 
under the like penalties as in the case of prisoners committed under the 
authority of such states respectively. And by the resolution of March 3, 
1791, it is provided, that if any state shall not have complied with the 
above recommendation the marshal in such state, under the direction of the 
judge of the district, shall be authorized to hire a convenient place to 
serve as a temporary jail. See 9 Cranch, R. 80.