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n. They admitted that they
understood that Morgan was compiling a book on the subject of
Masonry at the instigation of Miller the publisher at Batavia, and
alleged that he was getting up the book solely for pecuniary
profit, and they believed it was desirable to remove Morgan to
some place beyond the influence of Miller, where his friends and
acquaintances might convince him of the impropriety of his conduct
and persuade him to abandon the publication of the book.
In passing sentence, the court said:
"The legislature have not seen fit, perhaps, from the supposed
improbability that the crime would be attempted, to make your
offence a felony. Its grade and punishment have been left to the
provisions of the common law, which treats it as a misdemeanor,
and punishes it with fine and imprisonment in the common jail. The
court are of opinion that your liberty ought to be made to answer
for the liberty of Morgan: his person was restrained by force; and
the court, in the exercise of its lawful powers, ought not to be
more tender of your liberty than you, in the plenitude of lawless
force, were of his."
It is quite clear that up to this time none of the to do parties
connected directly or indirectly with the abduction of Morgan had
any intention whatsoever of doing him bodily harm. If such had
been their purpose, the course they followed was foolish in the
extreme. The simple fact was the Masons were greatly excited over
the threatened exposure of the secrets of their order by one of
their own members, and they desired to get hold of the manuscript
and proofs and prevent the publication, and the misguided
hot-heads who were active in the matter thought that by getting
Morgan away from Miller they could persuade him to abandon his
project. This theory is borne out by the fact that on the day Morgan
was taken to Canandaigua several prominent men of Batavia called
upon Mrs. Morgan and told her that if she would give up to the
Masons the papers she had in her possession Morgan would be brought
back. She gave up all the papers she could find; they were submitted
to Johns, the former partner of Miller, who said that part of the
manuscript was not there. However, the men took Mrs. Morgan to
Canandaigua, stopping at Avon over night. These men expected to find
Morgan still in Canandaigua, but were surprised to learn that he had
been taken away the night before, whereupon Mrs. Morgan, having left
her two small children at home, re
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