| 697 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 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 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; showing it just, in the
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