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

  • Source Note
  • Historical Introduction
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<October 20> up, and there the matter rested. This, he repeated, showed the necessity of the greatest caution where reciprocal rights of surrender were granted between States.”
It is not to be presumed that the of this would, knowingly, lend his aid in dragging one of our Citizens, who is not a fugitive from justice, into a foreign State, for trial. The has, undoubtedly, been misled by the evasive affidavit which accompanied the requisition. I would advise that Mr. Smith procure respectable and sufficient affidavits to prove, beyond all question, that he was in this , and not in , at the time the crime, with which he is charged, was committed, and, upon these Affidavits, apply to the to countermand the warrant he has issued for his arrest. If he should—— refuse so to do, I am clearly of the opinion that upon the above state of facts, the Supreme Court will discharge him upon Habeas Corpus.
Respectfully your obedient servant,
.
The foregoing letter of ( Attorney for the district of ) shows in a very lucid manner what our rights S and privileges are, pertaining to the Habeas Corpus, and fully sustains the proceedings and views of the City Council, and the Municipal Court; it is sustained by the usages of all enlightened Courts, and accords with the opinion of every intelligent man. The opinions of , of , and to the contrary notwithstanding.
21 October 1842 • Friday
<21.> Friday 21. This evening I returned, in company with to ’s, judging it wisdom to keep out of the way of my enemies a while longer, at least; although all is peace and quiet, and a prospect that my enemies will not trouble me much more at present.
23 October 1842 • Sunday
<23> Sunday 23. This day the Temple Committee laid before the Saints the propriety and advantages of laying a temporary floor in the that the brethren might henceforth meet in the to Worship instead of meeting in the . This was my instructions, and the Saints seemed to rejoice at this privilege very much.
24 October 1842 • Monday
<24> <Monday 24 took fire which was extinguished with difficulty.>
25 October 1842 • Tuesday
<25> Tuesday 25. Ship Emerald sailed from with 250 Saints for .
28 October 1842 • Friday
<28> Friday 28. Soon after day light this morning I returned home again to visit my family— I found worse to day, the remainder of the family well. In the afternoon I rode out into the , and took a little exercise. From the appearance of things abroad we are encouraged to believe that my enemies will not trouble me much more at present.
This day the brethren finished laying the temporary floor, and seats in the , and its appearance is truly pleasant and cheering. The exertions of the brethren during the past week to accomplish this thing are truly praiseworthy
29 October 1842 • Saturday
<29> Saturday 29 About <10 in the forenoon> I rode up and viewed the . I expressed my satisfaction at the arrangements, and was pleased with the progress made in that . After conversing with several of the brethren, and shaking hands with numbers who were very much rejoiced to see their Prophet again, I returned home; but soon afterwards went over to the , where a number of brethren and Sisters were assembled who had arrived this morning from the neighborhood of . [p. 1413]
October 20 up, and there the matter rested. This, he repeated, showed the necessity of the greatest caution where reciprocal rights of surrender were granted between States.”
It is not to be presumed that the of this would, knowingly, lend his aid in dragging one of our Citizens, who is not a fugitive from justice, into a foreign State, for trial. The has, undoubtedly, been misled by the evasive affidavit which accompanied the requisition. I would advise that Mr. Smith procure respectable and sufficient affidavits to prove, beyond all question, that he was in this , and not in , at the time the crime, with which he is charged, was committed, and, upon these Affidavits, apply to the to countermand the warrant he has issued for his arrest. If he should—— refuse so to do, I am clearly of the opinion that upon the above state of facts, the Supreme Court will discharge him upon Habeas Corpus.
Respectfully your obedient servant,
.
The foregoing letter of ( Attorney for the district of ) shows in a very lucid manner what our rights and privileges are, pertaining to the Habeas Corpus, and fully sustains the proceedings and views of the City Council, and the Municipal Court; it is sustained by the usages of all enlightened Courts, and accords with the opinion of every intelligent man. The opinions of , of , and to the contrary notwithstanding.
21 October 1842 • Friday
21. Friday 21. This evening I returned, in company with to ’s, judging it wisdom to keep out of the way of my enemies a while longer, at least; although all is peace and quiet, and a prospect that my enemies will not trouble me much more at present.
23 October 1842 • Sunday
23 Sunday 23. This day the Temple Committee laid before the Saints the propriety and advantages of laying a temporary floor in the that the brethren might henceforth meet in the to Worship instead of meeting in the . This was my instructions, and the Saints seemed to rejoice at this privilege very much.
24 October 1842 • Monday
24 Monday 24 took fire which was extinguished with difficulty.
25 October 1842 • Tuesday
25 Tuesday 25. Ship Emerald sailed from with 250 Saints for .
28 October 1842 • Friday
28 Friday 28. Soon after day light this morning I returned home again to visit my family— I found worse , the remainder of the family well. In the afternoon I rode out into the , and took a little exercise. From the appearance of things abroad we are encouraged to believe that my enemies will not trouble me much more at present.
This day the brethren finished laying the temporary floor, and seats in the , and its appearance is truly pleasant and cheering. The exertions of the brethren during the past week to accomplish this thing are truly praiseworthy
29 October 1842 • Saturday
29 Saturday 29 About 10 in the forenoon I rode up and viewed the . I expressed my satisfaction at the arrangements, and was pleased with the progress made in that . After conversing with several of the brethren, and shaking hands with numbers who were very much rejoiced to see their Prophet again, I returned home; but soon afterwards went over to the , where a number of brethren and Sisters were assembled who had arrived this morning from the neighborhood of . [p. 1413]
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