demanded a copy of the , which was refused. Mess.rs and , as Counsel, insisted that the prisoners were entitled to be brought before a justice of the peace for examination before they could be sent to jail. The to their surprise then exhibited the following mittimus: -[see T&S. 562— marble.]-
Joseph remonstrated against such barefaced, illegal, and tyrannical proceedings, but the still insisted <that> they should go to jail. requested the officer to wait until he could see , and was told by that he would only wait five minutes. Joseph and again remonstrated, and the <> waited until about 9 o’clock, when they heard by that the did not think it within the sphere of his duty to interfere, as they were in the hands of the civil law, and therefore he had not the power to stay process, or the due course of law, and that he could not interrupt a civil officer in the discharge of his duty. knew this was illegal (for he had formerly been an Associate Justice of the Supreme Court of the ) and when he was appealed to by Captain Robert F. Smith to know what he [p. 22]