Minutes, 10 January 1844

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January 10th 1844, 7 o clock P. M.
Special Session.— Names of members called,— Mayor stated that , and had called on him from , and told <​him​> that the occasion of the excitement at , and the resistance to the Law in case of the arrest— of Cook was the late ordinance of this council “to prevent ille unlawful search or seizure of person or property by foreign process in the City of ”; that they consi[d]ered said ordinance was desined to hinder the execution of the statutes in the , by county officers consequently, they. the old citizens felt disposed to stop the execution of processers, issuing from the , in the ,— and also, they raised objections against the process issued by Justice Foster, because it was made returnable to him alone. when the statute required it to be made returnable before himself or some other Justice.—
The mayor explained to the delegation from the nature and reason of the ordinance, that it was to prevent kidnapping under the pretence of law, or process, & to further the apprehension of theives &c in this by throwing the all foreign processers into the hands of the marshall who would be most likely to know the hiding places of fugitives from justice who might seek to secrete themselves in their <​our​> midst.— and if any wrong impression had gone abroad with regard to the motives of the council in passing [p. 40] said ordinance, he would call the council immediately that they might have the opportunity of giving any explanation necessary— so that the public might understand the ordinance in its true light.— and had called the council accordingly.—
The Mayor also referred the Lawyer from to the statute which required all processes issued in cases of Bastardy to be returnable alone to the Justice issuing the same
After Matue Deliberation, the council, an additional section was to the relative to the foregoing ordinance was read 3 times. and passed, by way of
Amendme[n]t. Sec 3d,
Council Adjourned, [p. 41]