Letter from Thomas Ford, 22 June 1844, John McEwan First Copy
Letter from Thomas Ford, 22 June 1844, John McEwan First Copy
Source Note
Source Note
, Letter, , Hancock Co., IL, to city mayor [JS] and Nauvoo City Council, [, Hancock Co., IL], 22 June 1844. Version copied [ca. 22 June 1844]; handwriting of ; docket in handwriting of ; ten pages; JS Collection, CHL. Includes docket and redactions.
Note: Graphite corrections appear throughout this document, some or all of which are in the handwriting of Jonathan Grimshaw. These redactions were likely made in the 1850s when Grimshaw and others were preparing the letter for inclusion in JS’s history; they are not reflected in the transcript.
Historical Introduction
Historical Introduction
See Historical Introduction to Letter from Thomas Ford, 22 June 1844.
or particulars accused come within such defination
The constitution abhors and will not tolerate the union of Legislative & Judicial power in the same body of Magistracy Because, as in this case, they will first make a tyrannical law, & then execute it in a tyrannical manner.
You have also assumed to yourselves more power than you are entitled to in relation to writs of , under your charter I know that you have been told by lawyers for the purpose of gaining your favor, that you have this power to any extent, In this they have deceived you for their own base purposes your charter supposes, that you may pass ordinances, a breach of which will result in the imprisonment of the offender
For the purpose of insuring more speedy relief to such persons authority was given to the Municipal court to issue writs of habeas Corpus in all cases arising under the ordinances of the . It was never supposed by the Legislative nor can the language of your charter be tortured to mean, that a Jurisdiction was intended to be conferred, which would apply to all cases of imprisonment under the general laws of the or of the , as well as the city ordinances.
It has also been reserved to you to make the discovery that a Newspaper charged to be scurrilous as a [p. 5]
Source Note
Source Note
Document Transcript
Document Information
Document Information
Footnotes
Footnotes
TEXT: When copying this letter, John McEwan left out the following text, which was later inserted in graphite by Jonathan Grimshaw: “and libelous may be legally abated or removed”.
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