Councilor Hugins read a petition of Jeremiah Smith for another writ of habeas corpus. G. P. Stiles, counsel for prisoner, said that Johnson had given up the prisoner on the first claim.
T. B. Johnson said he did not surrender his claim; had nothing to say about it. "Take your own course, gentlemen."
Stiles 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.
T. B. Johnson said—"We would be defending the writ before Judge Pope. I come here as an agent of the United States. The prisoner has been taken out of my hand, I consider illegally. I do not come here to prosecute or to defend a writ of habeas corpus. There is no law for these proceedings. I know my rights. If this court thinks it right to discharge the prisoner, let them do it—let them do it. I do not ask any favors of the court—I ask justice. The laws of Illinois have no power over the United States 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 Jeremiah Smith."
Justice Harris asked if he meant to intimidate the court by threats.
The chief justice remarked that it was the duty of the United States and Federal Government to treat their subjects and constituents with all that complacency and good feeling which they wished in return, and to avoid every threatening aspect, every intimidating and harsh treatment. He respected the United States laws, but would not yield up any right ceded to the court. The United States have no right to trample our laws under their feet. The court is bound by oath to support the Constitution of the United States, and State of Illinois and writ of habeas corpus. The Constitution of the United States and habeas corpus shall not be denied. If the court deny the writ of habeas corpus, they perjure themselves. The United States have no right to usurp power to intimidate, and the court would see them all destroyed before he would perjure himself. We have asked no power. Mr. Smith asked us to investigate. We were bound to do so. Let the Federal Government hurl on us their forces, dragoons, &c.; we are not to be intimidated. The court is clothed with habeas corpus, [power] 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 man."
T. B. Johnson said—"If I did say anything indecorous to the court, I take it back."
Court responded—"All is right."
Court ordered that the prisoner be discharged, the complainant having refused to prosecute his claim; and that judgment be entered up v. T. B. Johnson, as agent, for costs of suit.
Afterwards another petition for another writ of habeas corpus was presented and the writ issued and tried. I copy the minutes from the municipal docket: