Thornton's Case
Illinois Supreme Court
Hempstead Thornton, a negro, presented his petition to this Court, representing that he was illegally restrained of his liberty, upon which a writ of habeas corpus was forthwith issued, made returnable instanter.
Read the full summary
Hempstead Thornton, a negro, presented his petition to this Court, representing that he was illegally restrained of his liberty, upon which a writ of habeas corpus was forthwith issued, made returnable instanter. The writ was served upon Strother G. Jones, a constable of the county of Sangamon, whose return to said writ sets out, that he took possession of said Thornton, supposing him to be a fugitive slave, from the state of Missouri; that he, the said Jones, had a dispatch in his possession from St. Louis, Missouri, stating that slaves had fled from said state to said county of Sangamon,…
1Opinion of the Court
Opinion by Treat, C. J.:
The process, by virtue of which the petitioner was arrested and is now detained, was issued under the provisions of the 5th section of the 74th chapter of the Revised Statutes. The manifest object of that section is to facilitate the recaption, of fugitive slaves, found within the limits of this state. All of its provisions point directly to such a purpose. By this section, a negro, coming into this state without a certificate of freedom, is presumed to be a runaway slave, and may be arrested and committed to jail as such. The sheriff is then to advertise him for six…
2Cases cited1 opinion
- Prigg v. PennsylvaniaSupreme Court of the United States · 1842
3Cited by1 opinion
- Owens v. PeopleIllinois Supreme Court · 1851