Account of Hearing, 8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]

  • Source Note
  • Historical Introduction
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the powers claimed by the M C of there is a genl. reason for gran[ting] Charters in the 1s place— that lays the found[atio]n. for all privileges— the genl. Constl. prin. is that each one is entd. to the same benefits protection laws & institn. of all men— it is to the City & Bono Contratns. are granted by legislatives— bec[ause] the inh[abitants] in that district have the same benefit— the reason that they get Ch[artere]d. priv[ileges] is bec of their peculiari[ty]— the same amt. of law that gov[er]ns. the people over the agrarian pop— it is not to give more priv. but to secure to the cities the same priv— exp[erience] shows that towns cities & large places need more sec[urit]y than others liv[in]g. in o[the]r. sit[uatio]ns they are not privs. over & above what ors. possess— withn. these rights— with regd. to Charters they are very diversified on acct. of the peculiar[it]y of those places some require many powers on acct. of their peculiar sitn. & if they did not have it— the of the C of — the H. C. was predicated on that very princ. I know something— it was not givn priv. above or. places but to give them the same priv. with or. people— it was well known that the peo[ple] of had never exercised the priv— it was set up by the legis in bold relief in order to shew to the world— then the legislature did it as republicans— & honorable men wod. do it— there was no prejudice then— it was at the time when the cries & weepgs. of the widows reached the leg. & they wod. grant them the priv.— it was given at a time when there was no thirst for blood— the leg— sat cool & deliberate, they consider what rights they cod. give to that abused people was presidg judge I heard him say in regard to the H C— he was a member of that board & why he gave his constitutional— attempts wod. be made by if designing men came & arrest— we have designedly placed in the H. C to save lives they had the precise view before then it was by those honest & upright men the very reason was that you can execute the power to day— I do no that the very object that it is being executed this very day— that you may [p. 9]
the powers claimed by the M C of there is a genl. reason for granting Charters in the 1s place— that lays the foundation. for all privileges— the genl. Constl. prin. is that each one is entd. to the same benefits protection laws & institn. of all men— it is to the City & Bono Contratns. are granted by legislatives— because the inhabitants in that district have the same benefit— the reason that they get Chartered. privileges is bec of their peculiarity— the same amt. of law that governs. the people over the agrarian pop— it is not to give more priv. but to secure to the cities the same priv— experience shows that towns cities & large places need more security than others living. in other. situations they are not privs. over & above what ors. possess— withn. these rights— with regd. to Charters they are very diversified on acct. of the peculiarity of those places some require many powers on acct. of their peculiar sitn. & if they did not have it— the of the C of — the H. C. was predicated on that very princ. I know something— it was not givn priv. above or. places but to give them the same priv. with or. people— it was well known that the people of had never exercised the priv— it was set up by the legis in bold relief in order to shew to the world— the legislature did it as republicans— & honorable men wod. do it— there was no prejudice then— it was at the time when the cries & weepgs. of the widows reached the leg. & they wod. grant them the priv.— it was given at a time when there was no thirst for blood— the leg— sat cool & deliberate, they consider what rights they cod. give to that abused people was presidg judge I heard him say in regard to the H C— he was a member of that board & why he gave his constitutional— attempts wod. be made by if designing men came & arrest— we have designedly placed in the H. C to save lives they had the precise view before then it was by those honest & upright men the very reason was that you can execute the power to day— I do no that the very object that it is being executed this very day— that you may [p. 9]
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