History, 1838–1856, volume C-1 [2 November 1838–31 July 1842]

  • Source Note
  • Historical Introduction
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<June 9> and that injustice and cruelties of the most barbarous and atrocious character had been practiced upon us, until the Streams of had run with blood, and that he had seen women and children barefoot and houseless, crossing the to seek refuge from ruthless mobs. He concluded his remarks by saying that to tell us to go to for a trial was adding insult to injury, and then said “Great God! have I not seen it? Yes, my eyes have beheld the blood stained traces of innocent women and children, in the drear winter, who had travelled hundreds of miles barefoot, through frost and snow, to seek a refuge from their savage pursuers. ’Twas a scene of horror, sufficient to enlist sympathy from an adamantine heart. And shall this unfortunate man, whom their fury has seen proper to select for sacrifice, be driven into such a savage land, and none dare to enlist in the cause of justice? If there was no other voice under heaven ever to be heard in this cause, gladly would I stand alone, and proudly spend my latest breath, in defence of an oppressed American Citizen
10 June 1841 • Thursday
<10> Thursday morning 10th. The court was opened about 8 o’clock when <> delivered his opinion on the case. He said,
“that the Writ being once returned to the , by the Sheriff of , was dead, and stood in the same relationship as any other writ which might issue from the Circuit Court; and consequently the Defendant could not be held in Custody on that writ— The other point, whether evidence in the case was admissible or not, he would not at that time decide, as it involved great and important considerations, relative to the future conduct of the different states. There being no precedent as far as they had access to authorities to guide them; but he would endeavor to examine the subject and avail himself of all the authorities which could be obtained on the subject before he would decide that point. But on the other, the Defendant must be liberated.”
This decision was received with satisfaction by myself and the brethren, and all those whose minds were free from [HC 4:370] prejudice. It is now decided that before another writ can issue, a new demand must be made by the of Missouri. Thus have I been once more delivered from the fangs of my cruel persecutors, for which I thank God my heavenly Father. <I was discharged about 11 a.m. when I ordered dinner for my Company, now increased to about 60 men, and when I called for the Tavern bill, the unconscientious fellow replied “only one hundred and sixty dollars”—>
<About 2 p.m. the company commenced their return, travelled about 20 miles and camped by the way side.>
11 June 1841 • Tuesday
<11> <see Addenda book. page 8. Elder >
<Friday 11. Started very early, arrived at La Harpe for dinner, and returned safely to by 4 pm, where I was met by the acclamations of the Saints.> [HC 4:371]
15 June 1841 • Saturday
<15> Tuesday 15 Letter from Elder
“<> June 15. 1841. President Smith: Sir, with pleasure I take my pen to write you at this time, and through you to the Times and Seasons; and through it to the Saints at large; and to all whom it may concern. May grace, mercy, and peace, from God our Father, and from the Lord Jesus Christ, rest upon you abundantly, and enable you to serve him acceptably— secure to yourself that honor which cometh from above— guide the counsels of the Saints in wisdom, that peace and good will may reign predominant in , and joy and gladness swell every grateful heart. Most gladly would I embrace an opportunity of a personal interview with you, did one offer, but such a favor is beyond my reach at this time— I have just seen the 12th. Number of the Times and Seasons, containing the minutes of your Conference— the report of the presidency— the celebration of the anniver[HC 4:372]sary of the [p. 1207]
June 9 and that injustice and cruelties of the most barbarous and atrocious character had been practiced upon us, until the Streams of had run with blood, and that he had seen women and children barefoot and houseless, crossing the to seek refuge from ruthless mobs. He concluded his remarks by saying that to tell us to go to for a trial was adding insult to injury, and then said “Great God! have I not seen it? Yes, my eyes have beheld the blood stained traces of innocent women and children, in the drear winter, who had travelled hundreds of miles barefoot, through frost and snow, to seek a refuge from their savage pursuers. ’Twas a scene of horror, sufficient to enlist sympathy from an adamantine heart. And shall this unfortunate man, whom their fury has seen proper to select for sacrifice, be driven into such a savage land, and none dare to enlist in the cause of justice? If there was no other voice under heaven ever to be heard in this cause, gladly would I stand alone, and proudly spend my latest breath, in defence of an oppressed American Citizen
10 June 1841 • Thursday
10 Thursday morning 10th. The court was opened about 8 o’clock when delivered his opinion on the case. He said,
“that the Writ being once returned to the , by the Sheriff of , was dead, and stood in the same relationship as any other writ which might issue from the Circuit Court; and consequently the Defendant could not be held in Custody on that writ— The other point, whether evidence in the case was admissible or not, he would not at that time decide, as it involved great and important considerations, relative to the future conduct of the different states. There being no precedent as far as they had access to authorities to guide them; but he would endeavor to examine the subject and avail himself of all the authorities which could be obtained on the subject before he would decide that point. But on the other, the Defendant must be liberated.”
This decision was received with satisfaction by myself and the brethren, and all those whose minds were free from [HC 4:370] prejudice. It is now decided that before another writ can issue, a new demand must be made by the of Missouri. Thus have I been once more delivered from the fangs of my cruel persecutors, for which I thank God my heavenly Father. I was discharged about 11 a.m. when I ordered dinner for my Company, now increased to about 60 men, and when I called for the Tavern bill, the unconscientious fellow replied “only one hundred and sixty dollars”—
About 2 p.m. the company commenced their return, travelled about 20 miles and camped by the way side.
11 June 1841 • Tuesday
11 see Addenda book. page 8. Elder
Friday 11. Started very early, arrived at La Harpe for dinner, and returned safely to by 4 pm, where I was met by the acclamations of the Saints. [HC 4:371]
15 June 1841 • Saturday
15 Tuesday 15 Letter from Elder
June 15. 1841. President Smith: Sir, with pleasure I take my pen to write you at this time, and through you to the Times and Seasons; and through it to the Saints at large; and to all whom it may concern. May grace, mercy, and peace, from God our Father, and from the Lord Jesus Christ, rest upon you abundantly, and enable you to serve him acceptably— secure to yourself that honor which cometh from above— guide the counsels of the Saints in wisdom, that peace and good will may reign predominant in , and joy and gladness swell every grateful heart. Most gladly would I embrace an opportunity of a personal interview with you, did one offer, but such a favor is beyond my reach at this time— I have just seen the 12th. Number of the Times and Seasons, containing the minutes of your Conference— the report of the presidency— the celebration of the anniver[HC 4:372]sary of the [p. 1207]
Page 1207