| 272 who resided in Clay county, and formerly a sheriff of said county, organized a band who painted themselves like Indians, and had a place of rendezvous at Hunter's Mills on a stream called Grindstone. I think it was in Clinton county, the county west of Caldwell and between it and the west line of the state. From this place they would sally out and commit their depredations. Efforts were again made to get the authorities to put a stop to these renewed outrages, and again General Daniphan [Doniphan] and General Parks were called out with such portions of their respective brigades as they might deem necessary to suppress the mob, or rather mobs, for by this time there were a number of them. General Doniphan came to Far West, and while there, recommended to the authorities of Caldwell to have the militia of said county called out as a necessary measure of defence [defense]; assuring us that Gillum had a large mob on the Grindstone, and his object was to make a descent upon Far West, burn the town and kill or disperse the inhabitants; and that it was very necessary that an effective force should be ready to oppose him, or he would accomplish his object.
The militia was accordingly called out. He also said that there had better be a strong force sent to Davies county to guard the citizens there: he recommended that to avoid any difficulties which might arise, they had better go in very small parties, without arms, so that no legal advantage could be taken of them. I will here give a short account of the courts and internal affairs of Missouri, for the information of those who are not acquainted with the same.
Missouri has three courts of law peculiar to that state. The supreme court, the circuit court and the county court. The two former, about the same as in many other states of the Union. The county court, is composed of three judges, elected by the people of the respective counties. This court is in some respects like the court of probate in Illinois, or the surrogate's court of New York; but the powers of this court are more extensive than the courts of Illinois or New York. The judges, or any one of them, of the county court of Missouri, has the power of issuing habeas corpus, in all cases where arrests are made within the county where they preside. They have also all the power of justices of the peace in civil, as well as criminal cases; for instance, a warrant may be obtained from one of these judges, by affidavit , and a person arrested under such warrant. From another of these judges, a habeas corpus may issue, and the person arrested be ordered before him, and the character of the arrest be inquired into, and if in the opinion of the judge, the person arrested be ordered before him, and the character of the arrest be inquired into, and if in the opinion of the judge, the person ought not to be holden by virtue of said process, he has power to discharge him. In the internal regulation of the affairs of Missouri, the counties in some respects are nearly as independent of each other as the several states of the Union. No considerable number of men armed, can pass out of one county into, or through another county, without first obtaining the permission of the judges of the county court, or some one of them, otherwise they are liable to be arrested by the order of said judges, and if in their judgement [judgment] they ought not thus to pass, they are ordered back from whence they came; and in case of refusal, are subject to be arrested or even shot down in case of resistance. The judges of the county court or any one of them, have the power to call out the militia of said county upon affidavit being made to them for that purpose, by any of the citizens of said county; shewing [showing] it just, in the judgement [judgment] of such judge or judges, why said militia should be called out to defend any portion of the citizens of said county. The following is the course of procedure: Affidavit is made before one or any number of the judges, setting forth, that the citizens of said county, or any particular portion of them, is either invaded or threatened with invasion by some unlawful assembly whereby their liberties, lives or property may be unlawfully taken.
[TO BE CONTINUED.]
The Times and Seasons, is edited by JOHN TAYLOR. Printed and published about he first and fifteenth of every month, on the corner of Water and Bain Streets, Nauvoo, Hancock County, Illinois, by JOHN TAYLOR AND WILFORD WOODRUFF.
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