Letter from Thomas Ford, 22 June 1844, John McEwan Second Copy
Letter from Thomas Ford, 22 June 1844, John McEwan Second 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, all of which are in unidentified handwriting. It is unknown when these redactions were made; they are not reflected in the transcript.
Historical Introduction
Historical Introduction
See Historical Introduction to Letter from Thomas Ford, 22 June 1844.
may be given in evidence. This article of the constitution contemplates that the proprietors of a libelous press may be sued for private damage or may be indicted criminally; and that upon trial they should have a right to give the truth in evidence. In this case the proprietors had no notice of the proceeding The constitution also provides that the people shall be protected against unreasonable searches or seizures of their property; and “that no man shall be deprived of life liberty or property; except by the judgement of his peers” (which means a Jury trial) “and the laws of the land”; which means due process of law and notice to the accused. You have also violated the laws of the constitution and your own charter in this. Your council which has no judicial power and can only pass ordinances of a general nature, have undertaken to pass Judgement as a court, and convict without jury a press of being libelous and a nuisance to the .
The council at most could only define a nuisance by general ordinances and leave it to the courts to determine whither individuals 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, [p. 4]
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Source Note
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