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

  • Source Note
  • Historical Introduction
Page 1428
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<December 16> was made with , whereby I was equally entitled to a discharge, but was put off with a plea that he must write to the officer, at , before it could be granted.
17 December 1842 • Saturday
<17> Saturday 17.
Decr. 17. 1842— Dear Sir— Your Petition requesting me to rescind ’s proclamation and recall the Writ issued against you has been received and duly considered. I submitted your case and all the papers relating thereto, to the judges of the Supreme Court, or at least to six of them, who happened to be present. They were unanimous in the opinion that the requisition from was illegal and insufficient to cause your arrest, but were equally divided as to the propriety and justice of my interference with the acts of . It being therefore a case of great doubt as to my power, and I not wishing even in an official station to assume the exercise of doubtful powers; and inasmuch as you have a sure and effectual remedy in the Courts, I have decided to decline interfering. I can only advise that you submit to the laws, and have a judicial investigation of your rights— If it should become necessary, for this purpose to repair to , I do not believe that there will be any disposition to use illegal violence towards you; and I would feel it my duty in your case, as in the case of any other person, to protect you with any necessary amount of force from mob violence whilst asserting your rights before the Courts, going to and returning– I am most respectfully Yours .[”]
December 17. 1842 Joseph Smith Esqre. Dr. Sir. I have heard the letter read which has written to you, and his statements are correct in relation to the opinion of the Judges of the Supreme Court. The judges were unanimously of the opinion that you would be entitled to your discharge under a habeas corpus to be issued by the Supreme Court— but felt some delicacy in advising , to revoke the order issued by . my advice is, that you come here without delay, and you do not run the least risk of being protected while here, and of being discharged by the Supreme Court by Habeas Corpus. I have also the right to bring the case before the court now in session here and there you are certain of obtaining your discharge. I will stand by you, and see you safely delivered from your arrest— Yours truly— .”
“City of 17th. Decr. 1842 <Gen. J. Smith> My Son— It is useless for me to detail facts that the bearer can tell— But I will say that it appears to my Judgment, that you had best make no delay in coming before the Court at this place for a discharge under a habeas corpus. I am &c
On receiving the foregoing letters, and having entered for the Copyright of a Map of the City of , forJoseph Smith in the Clerks office of the District of ; the brethren left for .
20 December 1842 • Tuesday
<20> Tuesday 20. Chopping and drawing wood, with my own hands and team, as I had done mostly since the 9th.. continued very sick. This afternoon the brethren arrived from , and presented me with Messrs. ’s, ’s, and ’ letters, and general history of their proceedings, which was highly satisfactory
Elder died this morning at a quarter past 3 o’clock at—— Bradford, , he is the first Elder who has fallen in a foreign land in these last [p. 1428]
December 16 was made with , whereby I was equally entitled to a discharge, but was put off with a plea that he must write to the officer, at , before it could be granted.
17 December 1842 • Saturday
17 Saturday 17.
Decr. 17. 1842— Dear Sir— Your Petition requesting me to rescind ’s proclamation and recall the Writ issued against you has been received and duly considered. I submitted your case and all the papers relating thereto, to the judges of the Supreme Court, or at least to six of them, who happened to be present. They were unanimous in the opinion that the requisition from was illegal and insufficient to cause your arrest, but were equally divided as to the propriety and justice of my interference with the acts of . It being therefore a case of great doubt as to my power, and I not wishing even in an official station to assume the exercise of doubtful powers; and inasmuch as you have a sure and effectual remedy in the Courts, I have decided to decline interfering. I can only advise that you submit to the laws, and have a judicial investigation of your rights— If it should become necessary, for this purpose to repair to , I do not believe that there will be any disposition to use illegal violence towards you; and I would feel it my duty in your case, as in the case of any other person, to protect you with any necessary amount of force from mob violence whilst asserting your rights before the Courts, going to and returning– I am most respectfully Yours .”
December 17. 1842 Joseph Smith Esqre. Dr. Sir. I have heard the letter read which has written to you, and his statements are correct in relation to the opinion of the Judges of the Supreme Court. The judges were unanimously of the opinion that you would be entitled to your discharge under a habeas corpus to be issued by the Supreme Court— but felt some delicacy in advising , to revoke the order issued by . my advice is, that you come here without delay, and you do not run the least risk of being protected while here, and of being discharged by the Supreme Court by Habeas Corpus. I have also the right to bring the case before the court now in session here and there you are certain of obtaining your discharge. I will stand by you, and see you safely delivered from your arrest— Yours truly— .”
“City of 17th. Decr. 1842 Gen. J. Smith My Son— It is useless for me to detail facts that the bearer can tell— But I will say that it appears to my Judgment, that you had best make no delay in coming before the Court at this place for a discharge under a habeas corpus. I am &c
On receiving the foregoing letters, and having entered for the Copyright of a Map of the City of , forJoseph Smith in the Clerks office of the District of ; the brethren left for .
20 December 1842 • Tuesday
20 Tuesday 20. Chopping and drawing wood, with my own hands and team, as I had done mostly since the 9th.. continued very sick. This afternoon the brethren arrived from , and presented me with Messrs. ’s, ’s, and ’ letters, and general history of their proceedings, which was highly satisfactory
Elder died this morning at a quarter past 3 o’clock at—— Bradford, , he is the first Elder who has fallen in a foreign land in these last [p. 1428]
Page 1428