Account of Hearing, 8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]
Account of Hearing, [, Hancock Co., IL], 8 May 1844, F. M. Higbee v. JS–A on Habeas Corpus (Nauvoo, IL, Municipal Court 1844); handwriting of ; docket by , [, Hancock Co., IL], 8 May 1844; notation by , 10 May 1844; docket by unidentified scribe, [ca. 10 May 1844]; fourteen pages; Nauvoo, IL, Records, CHL. Includes notation.
the powers claimed by the M C of there is a genl. reason for gran[ting] Charters in the 1s place— that lays the found[atio]n. for all privileges— the genl. Constl. prin. is that each one is entd. to the same benefits protection laws & institn. of all men— it is to the City & Bono Contratns. are granted by legislatives— bec[ause] the inh[abitants] in that district have the same benefit— the reason that they get Ch[artere]d. priv[ileges] is bec of their peculiari[ty]— the same amt. of law that gov[er]ns. the people over the agrarian pop— it is not to give more priv. but to secure to the cities the same priv— exp[erience] shows that towns cities & large places need more sec[urit]y than others liv[in]g. in o[the]r. sit[uatio]ns they are not privs. over & above what ors. possess— withn. these rights— with regd. to Charters they are very diversified on acct. of the peculiar[it]y of those places some require many powers on acct. of their peculiar sitn. & if they did not have it— the of the C of — the H. C. was predicated on that very princ. I know something— it was not givn priv. above or. places but to give them the same priv. with or. people— it was well known that the peo[ple] of had never exercised the priv— it was set up by the legis in bold relief in order to shew to the world— then the legislature did it as republicans— & honorable men wod. do it— there was no prejudice then— it was at the time when the cries & weepgs. of the widows reached the leg. & they wod. grant them the priv.— it was given at a time when there was no thirst for blood— the leg— sat cool & deliberate, they consider what rights they cod. give to that abused people was presidg judge I heard him say in regard to the H C— he was a member of that board & why he gave his constitutional— attempts wod. be made by if designing men came & arrest— we have designedly placed in the H. C to save lives they had the precise view before then it was by those honest & upright men the very reason was that you can execute the power to day— I do no that the very object that it is being executed this very day— that you may [p. 9]