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

  • Source Note
  • Historical Introduction
Page 88
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<​June 12​> or some other Justice of the Peace to answer the premises, and further to be dealt with according to law. [HC 6:453]
“Given under my hand and seal at in the aforesaid this eleventh day of June, A. D. 1844.
, J. P. seal"
After the got through reading the writ, I referred him to this clause in the writ, “before me or some other justic[e] of the peace of said ”, saying, we are ready to go to trial before , or any Justice in , according to the requirements of the writ; but swore he would be dam’d but he would carry them to before who issued the writ, and seemed very wrathy. I asked him if he intended to break the law, for he knew the privilege of the prisoners, and they should have it. I called upon all present to witness that I then offered myself ( did the same) to go forthwith before the nearest Justice of the peace; and also called upon them to witness whether the broke the law <​or not.​>
I felt so indignant at his abuse in depriving me of the privilege of the statute of in going before “some other Justice” that I determined to take out a writ of Habeas Corpus, and signed the following petition:—
“State of Illinois,)
City of .)
To the Honorable Municipal Court in and for the said City of :—
“Your Petitioner, Joseph Smith, respectfully represents that he is now under arrest in the said City of .
“That he is in the custody of one , a constable in and for the said County of , who holds your Petitioner as he says by virtue of a warrant issued by one an acting Justice of the Peace in and for the said County of , and State of , which warrant was issued upon the affidavit of one , charging your Petitioner with being guilty of a riot, or of having committed a riot within the aforesaid.
“Your Petitioner further represents that the warrant of arrest by virtue of which the said has made this arrest, does not disclose sufficiently clear and explicit, the charge they have preferred.
“Your Petitioner further avers that this proceeding against him has [HC 6:454] been instituted through malice, private pique, and corruption.
“Your Petitioner further avers that the design and intention of the said in commencing this prosecution is to commit and carry out more easily a conspiracy against the life of your Petitioner; that the said has publicly declared that it was his determination to do every thing in his power to throw your Petitioner into the hands of his enemies, and that there is a determination upon the part of the said and his unhallowed coadjutors to commit an unlawful act and to set the rights and privileges of your Petitioners at defiance, and bring down upon his head this corrupt and unhallowed prosecution.
“Your Petitioner further avers that he is not guilty of the charge preferred against him that he seeks an investigation before an impartial tribunal, and fears not the result.
“Your Petitioner would therefore ask your honorable body to grant him the benefit of the writ of Habeas Corpus that this matter may be investigated upon legal principles, and that the legal and constitutional rights of your Petitioner may be [p. 88]
June 12 or some other Justice of the Peace to answer the premises, and further to be dealt with according to law. [HC 6:453]
“Given under my hand and seal at in the aforesaid this eleventh day of June, A. D. 1844.
, J. P. seal"
After the got through reading the writ, I referred him to this clause in the writ, “before me or some other justice of the peace of said ”, saying, we are ready to go to trial before , or any Justice in , according to the requirements of the writ; but swore he would be dam’d but he would carry them to before who issued the writ, and seemed very wrathy. I asked him if he intended to break the law, for he knew the privilege of the prisoners, and they should have it. I called upon all present to witness that I then offered myself ( did the same) to go forthwith before the nearest Justice of the peace; and also called upon them to witness whether the broke the law or not.
I felt so indignant at his abuse in depriving me of the privilege of the statute of in going before “some other Justice” that I determined to take out a writ of Habeas Corpus, and signed the following petition:—
“State of Illinois,)
City of .)
To the Honorable Municipal Court in and for the said City of :—
“Your Petitioner, Joseph Smith, respectfully represents that he is now under arrest in the said City of .
“That he is in the custody of one , a constable in and for the said County of , who holds your Petitioner as he says by virtue of a warrant issued by one an acting Justice of the Peace in and for the said County of , and State of , which warrant was issued upon the affidavit of one , charging your Petitioner with being guilty of a riot, or of having committed a riot within the aforesaid.
“Your Petitioner further represents that the warrant of arrest by virtue of which the said has made this arrest, does not disclose sufficiently clear and explicit, the charge they have preferred.
“Your Petitioner further avers that this proceeding against him has [HC 6:454] been instituted through malice, private pique, and corruption.
“Your Petitioner further avers that the design and intention of the said in commencing this prosecution is to commit and carry out more easily a conspiracy against the life of your Petitioner; that the said has publicly declared that it was his determination to do every thing in his power to throw your Petitioner into the hands of his enemies, and that there is a determination upon the part of the said and his unhallowed coadjutors to commit an unlawful act and to set the rights and privileges of your Petitioners at defiance, and bring down upon his head this corrupt and unhallowed prosecution.
“Your Petitioner further avers that he is not guilty of the charge preferred against him that he seeks an investigation before an impartial tribunal, and fears not the result.
“Your Petitioner would therefore ask your honorable body to grant him the benefit of the writ of Habeas Corpus that this matter may be investigated upon legal principles, and that the legal and constitutional rights of your Petitioner may be [p. 88]
Page 88