Account of Hearing, 8 May 1844 [F. M. Higbee v. JS–A on Habeas Corpus]
Source Note
Account of Hearing, [, Hancock Co., IL], 8 May 1844, F. M. Higbee v. JS–A on Habeas Corpus (Nauvoo, IL, Municipal Court 1844); handwriting of ; docket by , [, Hancock Co., IL], 8 May 1844; notation by , 10 May 1844; docket by unidentified scribe, [ca. 10 May 1844]; fourteen pages; Nauvoo, IL, Records, CHL. Includes notation.
the right of H. C. shall not be denied— it does not say by a Govr Judge— who does it mean— all the authorities— all judges know that it is a fact— if you hold the off[ice] of a mag[istrate] & you are sworn to keep inviolate the Constit[utio]n. of the you are sworn to fulfil that part which says that you shall not refuse the priv of the H. C. to any one— I have only to open Blackstone or the Bible & then I know where powers are— I never said any thing about F Law [] <&c &c> but what is strictly true— I have been placed in— the only sin I ever committed was in covering up their iniquities— & that I am ashamed of & will never do it again—
The Court discharged him on acct.of it beingan <for two reasons 1st.> illegality of the writ— & they are also convinced that it was got up thro malice— & that should pay the costs of the suit— his char being fully shewn as infamous shews that it was mere malice, mere perse[cutio]n., & not to be countenanced Court all agreed to the sentence— [1/2 page blank] [p. 13]