Petition to George Thompkins, 15 March 1839

  • Source Note
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State of Missouri} Ss
, Clay County
March 15th 1839
To the Honorable Judge Thompkins  or either of the Judges of the Supreme Court of .
Your petitioner begs leave  to represent to your honor, that sometime in the month of Oct. he was taken  prisoner in , by and marched to , under  a strong guard without any charges being preferred against him, and brought  before the Honorable Esqr and there underwent a partial  examination expartie in its nature under the high hand of oppression: and  was not allowed the privilege of being examined before the Court then sitting,  neither had the privilege of introducing any testimony before said court. Your  petitioner would further state that the said while acting  in his official capacity as a committing magistrate did tell your petitioner  that there was no law for him (your petitioner) and that he could not stay  in the , yet your petitioner was held by a strong guard by the said  , and after a long examination the said committed  your petitioner to the Jail of together with others of your petitioners;  where he has been restrained of his liberty near four months, for the crime  of treason against the , without the least shadow of evidence testimony  against him to that amount, or any testimony that was sufficient to have  held a man in confinement a single moment; and your petitioner can show  before your honor that he has never committed treason against the state of  , nor any other crime but has always held himself in readiness to  submit to every shadow of law: And now Sir these are charges too  heavy to be borne with submission; and the family of your petitioner has  been driven out of the since his confinement without any means for  their support, and now Sir in the name of the Great God, I adjure  you to grant me the State writ of Habeas Corpus directed to some proper  officer and bring your petitioner before your honor that he may be discharged  according to law, and your petitioner as in duty bound will ever pray.
State of Mo
Clay Co=
March 15th 1839
Personally came before me, , and made  oath that the foregoing matters and facts contained in the  above are true to the best of his knowledge.
March 15th A D— 1839
Sworn to before me abraham Shafer a Justice of the peace  within and for in the State of Missouri this 15th day of March 1839
Abraham Shafer J.P. [p. 25]
State of Missouri} Ss
, Clay County
March 15th 1839
To the Honorable Judge Thompkins or either of the Judges of the Supreme Court of .
Your petitioner begs leave to represent to your honor, that sometime in the month of Oct. he was taken prisoner in , by and marched to , under a strong guard without any charges being preferred against him, and brought before the Honorable Esqr and there underwent a partial examination expartie in its nature under the high hand of oppression: and was not allowed the privilege of being examined before the Court then sitting, neither had the privilege of introducing any testimony before said court. Your petitioner would further state that the said while acting in his official capacity as a committing magistrate did tell your petitioner that there was no law for him (your petitioner) and that he could not stay in the , yet your petitioner was held by a strong guard by the said , and after a long examination the said committed your petitioner to the Jail of together with others of your petitioners; where he has been restrained of his liberty near four months, for the crime of treason against the , without the least shadow of testimony against him to that amount, or any testimony that was sufficient to have held a man in confinement a single moment; and your petitioner can show before your honor that he has never committed treason against the state of , nor any other crime but has always held himself in readiness to submit to every shadow of law: And now Sir these are charges too heavy to be borne with submission; and the family of your petitioner has been driven out of the since his confinement without any means for their support, and now Sir in the name of the Great God, I adjure you to grant me the State writ of Habeas Corpus directed to some proper officer and bring your petitioner before your honor that he may be discharged according to law, and your petitioner as in duty bound will ever pray.
State of Mo
Clay Co=
March 15th 1839
Personally came before me, , and made oath that the foregoing matters and facts contained in the above are true to the best of his knowledge.
March 15th A D— 1839
Sworn to before me abraham Shafer a Justice of the peace within and for in the State of Missouri this 15th day of March 1839
Abraham Shafer J.P. [p. 25]
Page 25