History, 1838–1856, volume F-1 [1 May 1844–8 August 1844]

  • Source Note
  • Historical Introduction
Page 64
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<​May 30​> in the moon; I have not been able to get authority, and did not come to make defence.” Read from Charles B. Penrose’s handwriting (so purporting) 33 Sec. of Act Sept. 24th, 1789, Act of Congress. Had agreed to wait the decision of this court, but had not agreed to abide the decision.
James A. Mc.Canse was called by the Court and asked, “do you subscribe to the decisiion of in the matter?”
McCanse would not decide; would like counsel. [HC 6:418]
said he did not ask any favors of the court; he was a ’ Agent.
said if Canse surrenders his claim, we will not go into the merits of the case; but if Canse claims the prisoner we will go into the merits.
read a petition of for another writ of Habeas Corpus. , counsel for , said that had given up the prisoner on the first claim.
said he did not surrender his claims— had nothing to say about it. “Take your own course, gentlemen.”
said he has given him up on the first writ, and now says he says nothing about it; and upon this ground we claim a discharge.
said “we would be defending the writ before . I come here as an agent of the ; the prisoner has been taken out of my hand I consider illegally. I do not come here to prosecute or to defend a writ of Habeas Corpus; there is no law for these proceedings; I know my rights. If this court thinks it right to discharge the , let them do it— let them do it. I do not ask any favors of the Court; I ask justice. The laws of have no power over the laws. Let this court discharge him; and I shall take another course, I do not say against you as a Court. I came here to arrest .”
asked if he meant to intimidate the court by threats.
The Chief Justice remarked that it was the duty of the and Federal Government to treat their subjects and constituents with all that complacency and good feeling which they wished in return, and to avoid <​every​> threatening aspect, every intimidating and harsh treatment. He respected the laws, but would not yield up any right ceded to them. The has no right to trample our laws under their feet. [HC 6:419] The Court is bound by oath to support the Constitution of the , and State of , and the writ of Habeas Corpus. The Constitution of the and Habeas Corpus shall not be denied. If the Court deny the writ of Habeas Corpus they perjure themselves. The have no right to usurp power to intimidate, and the Court would see them all destroyed before he would perjure himself. We have asked no power. asked us to investigate; we were bound to do so. Let the federal government hurl on us their forces, “dragoons” &c; we are not to be intimidated. This Court is clothed with the Habeas Corpus, and will execute it according to the law. “I understand some law and more justice, and know as much about the rights of American Citizens as any man.
said, “if I did say anything indecorous to the Court, I take it back”.
Court responded, “all is right.”
Court ordered that <​the​> be discharged, the complainant having refused to prosecute his claim; and that judgment be entered up vs. [p. 64]
May 30 in the moon; I have not been able to get authority, and did not come to make defence.” Read from Charles B. Penrose’s handwriting (so purporting) 33 Sec. of Act Sept. 24th, 1789, Act of Congress. Had agreed to wait the decision of this court, but had not agreed to abide the decision.
James A. Mc.Canse was called by the Court and asked, “do you subscribe to the decisiion of in the matter?”
McCanse would not decide; would like counsel. [HC 6:418]
said he did not ask any favors of the court; he was a ’ Agent.
said if Canse surrenders his claim, we will not go into the merits of the case; but if Canse claims the prisoner we will go into the merits.
read a petition of for another writ of Habeas Corpus. , counsel for , said that had given up the prisoner on the first claim.
said he did not surrender his claims— had nothing to say about it. “Take your own course, gentlemen.”
said he has given him up on the first writ, and now says he says nothing about it; and upon this ground we claim a discharge.
said “we would be defending the writ before . I come here as an agent of the ; the prisoner has been taken out of my hand I consider illegally. I do not come here to prosecute or to defend a writ of Habeas Corpus; there is no law for these proceedings; I know my rights. If this court thinks it right to discharge the , let them do it— let them do it. I do not ask any favors of the Court; I ask justice. The laws of have no power over the laws. Let this court discharge him; and I shall take another course, I do not say against you as a Court. I came here to arrest .”
asked if he meant to intimidate the court by threats.
The Chief Justice remarked that it was the duty of the and Federal Government to treat their subjects and constituents with all that complacency and good feeling which they wished in return, and to avoid every threatening aspect, every intimidating and harsh treatment. He respected the laws, but would not yield up any right ceded to them. The has no right to trample our laws under their feet. [HC 6:419] The Court is bound by oath to support the Constitution of the , and State of , and the writ of Habeas Corpus. The Constitution of the and Habeas Corpus shall not be denied. If the Court deny the writ of Habeas Corpus they perjure themselves. The have no right to usurp power to intimidate, and the Court would see them all destroyed before he would perjure himself. We have asked no power. asked us to investigate; we were bound to do so. Let the federal government hurl on us their forces, “dragoons” &c; we are not to be intimidated. This Court is clothed with the Habeas Corpus, and will execute it according to the law. “I understand some law and more justice, and know as much about the rights of American Citizens as any man.
said, “if I did say anything indecorous to the Court, I take it back”.
Court responded, “all is right.”
Court ordered that the be discharged, the complainant having refused to prosecute his claim; and that judgment be entered up vs. [p. 64]
Page 64