Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason]

  • Source Note
  • Historical Introduction
Page 138
image
has three courts of law peculiar to that . The supreme court, the circuit court & the County court. The two former <​about​> the same, as in many other States of the . The county court is composed of three judges, elected by the people of the respective counties. This court is in some respects like the court of probate in , or the Surrogates court in <​of​> , but the powers of this court are more extensive than the courts of or . The judges, or any one of them, of the county court of , has the power of issuing , in all cases where arrests are made within the county where they preside. They have also all the power of justices of the peace in civil as well as criminal cases; for instance, a warrant may be obtained from one of these judges, by affidavit; and a person arrested under such warrant. From another of these judges, a habeas corpus may issue, & the person arrested, be ordered before him & the character of the arrest, be enquired into, & if in the opinion of the judge ought not to holden, by virtue of Said process, he has power to discharge him. In the internal regulation of the affairs of , the counties in some respects are nearly as independent of each other, as the several States of the . No considerable number of men armed, can pass out of the county into, or through another county, without first obtaining the permission of the judges of the county courts or some one of them, otherwise they are liable to be arrested by the order of said judges, & if in their judgement, they ought not to pass, they are ordered back from whence the came; & in case of refusal are subject to be arrested or even shot down in case of resistance. The judges of the county court or any one of them, have the power to call out the militia of said county, upon affidavit being made to them for that purpose, by any of the citizens of said county; shewing it just, in the judgement of such judge or judges, why said militia should be called out to defend any portion of the citizens of said county. The following is the course of procedure: Affidavit is made before one or any number of the judges, setting forth, that the citizens of said county, or any particular portion of them, is either invaded or threatened with invasion, by some, unlawfull assembly, whereby their liberties, lives or property may be unlawfully taken. When such affidavit is made to any one of the judges or all of them, it is the duty of him or them, before whom such affidavit is made, to issue an order to the Sheriff of the county, to make requisition upon the commanding officer of the militia of said county, to have immediately put under military order such a portion of the militia under his command as may be necessary, for the defence of the citizens of said county. In this way the militia of any county may [p. 138]
has three courts of law peculiar to that . The supreme court, the circuit court & the County court. The two former about the same, as in many other States of the . The county court is composed of three judges, elected by the people of the respective counties. This court is in some respects like the court of probate in , or the Surrogates court of , but the powers of this court are more extensive than the courts of or . The judges, or any one of them, of the county court of , has the power of issuing , in all cases where arrests are made within the county where they preside. They have also all the power of justices of the peace in civil as well as criminal cases; for instance, a warrant may be obtained from one of these judges, by affidavit; and a person arrested under such warrant. From another of these judges, a habeas corpus may issue, & the person arrested, be ordered before him & the character of the arrest, be enquired into, & if in the opinion of the judge ought not to holden, by virtue of Said process, he has power to discharge him. In the internal regulation of the affairs of , the counties in some respects are nearly as independent of each other, as the several States of the . No considerable number of men armed, can pass out of the county into, or through another county, without first obtaining the permission of the judges of the county courts or some one of them, otherwise they are liable to be arrested by the order of said judges, & if in their judgement, they ought not to pass, they are ordered back from whence the came; & in case of refusal are subject to be arrested or even shot down in case of resistance. The judges of the county court or any one of them, have the power to call out the militia of said county, upon affidavit being made to them for that purpose, by any of the citizens of said county; shewing it just, in the judgement of such judge or judges, why said militia should be called out to defend any portion of the citizens of said county. The following is the course of procedure: Affidavit is made before one or any number of the judges, setting forth, that the citizens of said county, or any particular portion of them, is either invaded or threatened with invasion, by some, unlawfull assembly, whereby their liberties, lives or property may be unlawfully taken. When such affidavit is made to any one of the judges or all of them, it is the duty of him or them, before whom such affidavit is made, to issue an order to the Sheriff of the county, to make requisition upon the commanding officer of the militia of said county, to have immediately put under military order such a portion of the militia under his command as may be necessary, for the defence of the citizens of said county. In this way the militia of any county may [p. 138]
Page 138