Petition to George O. Tompkins, between 9 and 15 March 1839, Copy [State of Missouri v. Gates et al. for Treason]
Source Note
, , , , and JS, Petition, , Clay Co., MO, to , [, Cole Co., MO], between 9 and 15 Mar. 1839. Version copied [between late Apr. and early June 1839]; handwriting of ; six pages; JS Collection, CHL.
commit any Overt Acts, neither did he aid or abet an Enemy against the State of , during the time that he is charged with having done so, and further your Petitioners have yet to learn that the has any Enemy, neither is the proof evident, nor the presumption great in its most indignant form, upon the face of the Testimony on the part of the exparte as it is in its nature, that the said Prisoner has committed the slightest degree of Treason, or any other act of Transgression against the Laws of the State of , and yet said Prisoner has been committed to , Clay County (Mo) for Treason. He has continually offered Bail to any amount that could be required, notwithstanding your Petitioners alledge that he ought to have been acquitted, your Petitioners also alledge that the commitment was an illegal commitment, for the law requires that a Copy of the Testimony should be put in the Hands of the Jailor, which was not done, your Petitioners alledge that the Prisoner has been denied the priviledge of the Law in a Writ of by the Judges of this , whether they have prejudged the case of the Prisoner, or whether they are not willing to administer Law and justice to the Prisoner, or that they are intimidated by the high office of who only acted in the case of the Prisoners as a committing Magistrate a conservator of the Peace, or by the threats of a lawless Mob, your Petitioners are not able to say, but it is a fact that they do not come forward boldly and administer the Law to the relief of the Prisoner, and further your Petitioners alledge that immediately after the Prisoner was taken, his Family was frightened and driven out of their House, and that too by the Witnesses on the part of the , and plundered of their Goods, that the Prisoner was robbed of a very fine Horse, Saddle and Bridle and other Property of considerable amount, that they (the Witnesses) in connexion with the Mob have finally succeeded by vile threatening and foul abuse in driving the Family of the Prisoner out of the with little or no means, and without a Protector, and their very subsistence depends on the liberty of the Prisoner, and your Petitioners alledge that he is not guilty of [p. [3]]