History, 1838–1856, volume D-1 [1 August 1842–1 July 1843]

  • Source Note
  • Historical Introduction
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Addenda
Addenda • 9 September 1842
<September 9, 1842 (page 1401)> An Ordinance relative to the return of Writs of Habeas Corpus
“Sec. 1. Be it, and it is hereby ordained by the City Council of the City of , that the Municipal Court in issuing writs of Habeas  Corpus, may make the same returnable forthwith.
Sec. 2. This ordinance to take effect and be in force from and after its passage.
Passed Septr. 9. 1842
. Recorder.
Prest. pro tem.[”]
Addenda • 3 September 1842
<Sept.3. 1842 page 1391. > In the morning at home, in company with .
A letter was received from to the effect that the Missourians  were again on the move, and that two requisitions were issued, one on the of this  , and the other on the of . Their movements were represented as being  very sacret and resolute. Soon after 12 o’clock, , the Deputy Sheriff, and two other  men came into the house. It appeared that they had come up the river side, and hitched  their horses below the , and then proceeded on foot, undiscovered, until they  got into the house. When they arrived President Joseph was in another apartment of the  house, eating dinner with his family. happened to be the first person discovered  by the Sheriffs and they began to ask him where Mr Smith was. He answered that he saw  him early in the morning; but did not say that he had seen him since. While this conver sation was passing, President Joseph passed out at the back door, and through the corn in his  garden to brother ’s. He went up stairs, and undiscovered. Meantime   went and conversed with the Sheriffs. said he wanted to search the  house for Mr Smith. In answer to a question by , he said he had no warrant  authorizing him to search, but insisted upon searching the house. She did not refuse, and  accordingly they searched through, but to no effect. This is another testimony and evidence of  the mean, corrupt, illegal proceedings of our enenemies. Nothwithstanding the constitution  of the says, Article 4th “The right of the people to be secure in their persons, homes,  papers, and effects, against unreasonable searches and seizures, shall not be violated; and no  warrants shall issue, but upon probable cause, supported by oath or affirmation, and partic ularly describing the place to be searched, and the persons or things to be seized.” Yet these  men audaciously, impudently, and altogether illegally demanded, and searched the house  of President Joseph, even without any warrant or authority whatever. Being satisfied that  he was not in the house, they departed. They appeared to be well armed, and, no doubt,  intended to take him either dead or alive; which we afterwards heard they had said they  would do: but the Almighty again delivered his servant from their blood thirsty grasp.  It is rumored that there are fifteen men in the along with the Sheriffs, and that they  dined together to day at ’s. Soon after sundown, and another  person arrived at the house and demanded to search, which they immediately did, but  finding nothing, they also went towards ’s. Some of them were seen about afterwards  but at <about> 10 o’clock all was quiet. It is said that they started from yesterday, expecting,  and fully determined to reach in the night, and fall upon the house unawares, but  report says, they lost the road, and got scattered away, one from another, and could not get  along until daylight. This, in all probability, is true, as they appeared much fatigued,  and complained of being weary and sore with riding. President Joseph, accompanied by  brother , left ’s about 9 o’clock; and went to brother ’s, where he was welcomed and made comfortable by the family, and where he can  be kept safe from the hands of his enemies. [p. 1 [addenda]]
Addenda
Addenda • 9 September 1842
September 9, 1842 (page 1401) An Ordinance relative to the return of Writs of Habeas Corpus
“Sec. 1. Be it, and it is hereby ordained by the City Council of the City of , that the Municipal Court in issuing writs of Habeas Corpus, may make the same returnable forthwith.
Sec. 2. This ordinance to take effect and be in force from and after its passage.
Passed Septr. 9. 1842
. Recorder.
Prest. pro tem.”
Addenda • 3 September 1842
Sept.3. 1842 page 1391. In the morning at home, in company with .
A letter was received from to the effect that the Missourians were again on the move, and that two requisitions were issued, one on the of this , and the other on the of . Their movements were represented as being very sacret and resolute. Soon after 12 o’clock, , the Deputy Sheriff, and two other men came into the house. It appeared that they had come up the river side, and hitched their horses below the , and then proceeded on foot, undiscovered, until they got into the house. When they arrived President Joseph was in another apartment of the house, eating dinner with his family. happened to be the first person discovered by the Sheriffs and they began to ask him where Mr Smith was. He answered that he saw him early in the morning; but did not say that he had seen him since. While this conversation was passing, President Joseph passed out at the back door, and through the corn in his garden to brother ’s. He went up stairs, and undiscovered. Meantime went and conversed with the Sheriffs. said he wanted to search the house for Mr Smith. In answer to a question by , he said he had no warrant authorizing him to search, but insisted upon searching the house. She did not refuse, and accordingly they searched through, but to no effect. This is another testimony and evidence of the mean, corrupt, illegal proceedings of our enenemies. Nothwithstanding the constitution of the says, Article 4th “The right of the people to be secure in their persons, homes, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Yet these men audaciously, impudently, and altogether illegally demanded, and searched the house of President Joseph, even without any warrant or authority whatever. Being satisfied that he was not in the house, they departed. They appeared to be well armed, and, no doubt, intended to take him either dead or alive; which we afterwards heard they had said they would do: but the Almighty again delivered his servant from their blood thirsty grasp. It is rumored that there are fifteen men in the along with the Sheriffs, and that they dined together to day at ’s. Soon after sundown, and another person arrived at the house and demanded to search, which they immediately did, but finding nothing, they also went towards ’s. Some of them were seen about afterwards but at about 10 o’clock all was quiet. It is said that they started from yesterday, expecting, and fully determined to reach in the night, and fall upon the house unawares, but report says, they lost the road, and got scattered away, one from another, and could not get along until daylight. This, in all probability, is true, as they appeared much fatigued, and complained of being weary and sore with riding. President Joseph, accompanied by brother , left ’s about 9 o’clock; and went to brother ’s, where he was welcomed and made comfortable by the family, and where he can be kept safe from the hands of his enemies. [p. 1 [addenda]]
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