Docket Entry, between circa 16 and circa 30 May 1844 [U.S. v. Jeremiah Smith–A]

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Municipal Court.
State of Illinois,) sct. [scilicet]
City of )
Ex on Habeus Corpus. May 16th 1844.
Docketing suit $.12½
Habeus corpes .50
Service on Habus C, 2.00
Summons for Court, .25
Serving Summons 2.00
Continuence of suit .25
Subpoena 25
Service on Subpea. 50
Justics fees 27.00
Marshall attendig <​court​> 3.00
Marshal for for keeping Prisonr 15 days $2.00 30.00
Witnesses fees & <​travel​> 10.75
Entering final Judgmt 25
2 continuences court. 50
77.37½
Excution & return .37½
77.75
Two police. 15 days Each watching prisoner— $2.00— 60.00
This day came and upon the reading and filing the Petition for a writ of Habeus Corpus to be directed to one James A. McCance to have forth with before the Municipal Court the body of the said upon said, writ; Said writ was issued in accordance with the prayer of the .
Special Term.
May 16th. 1844. 1 o’clock P. M.
Present Joseph Smith Mayor and cheif Justice presiding, and , , , . , and . associate Justices, attended by Marshal.—
The foregoing petition, and copy of the warrant were read & are on file.
The Habeus Corpus writ. & copy of Service were returnd. with the returns thereon. and the before the court. Said writ and copy are on file.
Then came , the complainant, by his counsel , and plead an adjournment, that he might have time to procure material witneses.
by his counsel . objected to the plea. supposing the prosecuting party always ready for trial.
The court decide that it was an important matter. case, and it was not best to be in haste: and if the prisoner is discharged on the merits of the case, after a full investigation. he goes free forever, A majority of the cou[r]t decided to adjourn until Thursday next 23rd instant. 10. o clock A M.— The in charge of the marshell
Thursday May 23d 1844. 10. oclock A M. The court was called, but there being only a minority present. Court adjournd untill Thursday the 30th instant 10. o clock A M.
May 30th 1844 10 o clock A. M.
Present Joseph Smith chief Justice, , , . and .
appeared before the court by himself and counsel. ,
(, being called by the court. answered that he [p. 97] did not acknowledge the jurisdiction of this court. in that his writ was only to keep until he could get another writ for him. that had a writ from & stated to the court that he considered his prisoner, and he attended this court as a matter of courtesy. and if any one offered resistance he was instructed by government to give their names &c— and wrote the names of the court & s replied to such a Subterfuge writ.
The court thought it due the court to hear the reasons why the jurisdiction of the court is <​was​> not regarded.
said he did not come to make a speech. but was instructed to arrest the man. He intended to make no defence. He was an agent of the . “Your writ of Habeus Corpus has nothing more to do with this case than a man in the moon.” I have not been able to get authority and did not come to make defence. Read from charl[e]s B. Penrose, hand writing (so purporting) 33 sec. of act Sept 24th. 1789. act of congress. Had agreed to wait the decision of this court but have <​had​> not agreed to abide the decision.—
James A McCanse was called by the Court, and asked do you subscribe to the Decision of in the matter,
McCanse would not decide, would like counsel.
said he did not ask any favors of the court He was a Agent.
said if Canse surrenders his claim we will not go into the merits of the case, but if Canse claims the we will go into the merits.
read a petition of for a<​nother​> writ of Habeus corpus. counsel for , said that had given up the on the first claim.
said he did not surrender his claims. had nothing to say about it. Take your own course Gentlemen.
, said he has given him up on the first writ, and now says he says nothing about it. and upon this ground we claim a discharge . said “we would be defending the writ if before I come here as an Agent of the . The has beentaken out of my hands. I consider illegally. I do not come here to prosecute or to defend a writ of Habeus corpus. There is no law, for these proceedings. I know my rights. If this court thinks it right to [p. 98] discharge the . let them do it: Let them do it. I do not ask any favors of the court. I ask justice. The Laws of have no powe[r] over the Laws. Let this court discharge him and I shall take another course, I do not say against you as a court. I came here to arrest ,”
asked if he meant to intimidate the court by threats. The Chief justice remarked that it was the duty of the and Federal Government to treat their subjects and constituents with all that complacny [complacency] and good feeling which they wished in return, and to avoid evry threatning aspect. every intimedating and harsh treatment. He respected the laws. but would not yield up any right ceded to them. The has no right to trample our laws under their feet. The court is bound by oath to support the constitution of the , and state of , and the writ of Habeus corpus. The constitution of the and and Habeus corpus shall not be denied. If the Court deny the writ of Habeus corpus they perjure themselves. The have no right to usurp pooer [power] to intimedate and the court would see them all destroyed before he would perjure himself. we have asked no power. asked us to investigate; we were bound to do so. Let the federal government hurl on us their forces, “Dragoon” &c we are not to be intimedated. This court is clothed with the Habeus Corpus. and will execute it according to the Law. I understand some law and more justice, and know as much about the rights of American citizens as any men.
. said. if I did say any thing indecorous to the court I take it back.— Court responded “all is Right”
Court ordered that prisoner be discharged. the complainant having refused to prosecute his claim. and that judgmt be entered up vs. , as agent, for costs of suit.
Subpoena returnd for Jeremiah Smith Jun. and is on file.
May 30th 1844 Excution issued $77.75 vs .— a given to the Marshal
Excution returned same evening by not served.
Same evening to wit. May 30th 1844. come before the and as agent of the acknowledged a fee bill for the above. to wit. 77.75. by endorsement on the back of said Bill. The cost of two police. in guarding said . at <​15​> days. at $2.00 per day. at the special instance and request of Agent for the was omitted th[r]ough mistake in the foregoing bill and <​endorsed​> by said . [p. 99]