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Letter from Thomas Ford, 22 June 1844
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Source Note
, Letter, , Hancock Co., IL, to JS, , Hancock Co., IL, 22 June 1844; handwriting of ; docket in handwriting of ; eight pages; JS Collection, CHL.
of law and notice to the accused. You have also violated <the constitution and> your own in this your council which has no judicial power and can only pass ordinances of a general nature, have undertaken to pass judgment as a court, and convict without jury a press of being a libellous and a nusuance to the The council at most could only define a nuisance by general ordinance and leave it to the courts to determine whether individuals or particulars accused come within Such definition. The constitution abhors and will not tolerate the union of Legislative and Judicial power in the same body of Magistracy Because, as in this case, they will first make a tyrannical law, and 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 ensuring more speedy relief to such persons authority was given to the Municipal Court to issue writs of habeas Corpus in all in a Cases arising under the ordinances of the . It was never Supposed by the Legislature nor can the language <of your charter> be tortured to mean, that a jurisdiction was intended to be conferrd, which would apply at to all cases an 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 and libellous may be legally abated or removed
< to Joseph
June 22 (44> [p. [4]]
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Footnotes
Docket in the handwriting of Willard Richards.