Sidney Rigdon, Testimony, 1 July 1843 [Extradition of JS for Treason]

  • Source Note
  • Historical Introduction
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, the counties in some respects are nearly as independent of each other as the <​several​> states of this <​the​> . No considerable number of men armed can pass out of one county into or though another county without first obtaining the permission of the judges of the county court, or some one of them, otherwise they are liable to <​be​> arrested by the order of said judges, and if in their judgement they ought not thus to pass, they are ordered back from whence they came; and <​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 of the county court, have the power to call out the militia of said county when <​upon​> affidavit is to <​being made to​> them for that effect <​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 citizen of said county. The following is the course of proceedure Affidavit is made to 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 unlawful 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 and 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 be called out at any time deemed necessary by the county judges independently of any other civil authority of the In case that the militia of the county is insufficient to quell the roiters [rioters] and secure the citizens against the invaders, then recourse can be had to the judge of the circuit court who who has the same power over the militia of his judicial [p. [9]]
, 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 one county into or though another county without first obtaining permission of the judges of the county court, or some one of them, otherwise they are liable to be arrested by the order of said judges, and if in their judgement they ought not thus to pass, they are ordered back from whence they came; and 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 citizen of said county. The following is the course of proceedure 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 unlawful 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 be called out at any time deemed necessary by the county judges independently of any other civil authority of the In case that the militia of the county is insufficient to quell the roiters [rioters] and secure the citizens against the invaders, then recourse can be had to the judge of the circuit court who has the same power over the militia of his judicial [p. [9]]
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