Journal, December 1841–December 1842

  • Source Note
  • Historical Introduction
Page 201
image
I am as ever your humble servant, and never deviating friend,
Joseph Smith.
The important instructions contained in the foregoing letter made a deep and solemn impression on the minds of the saints, and they manifested their intentions to obey the instructions to the letter.
12 September 1842 • Monday
Monday 12th. At home all day in company with brothers & , and councilling to write a letter to the . In the P.M received a letter from the the following of which is a copy.
September 7th. 1842
Dear Madam—
Your letter of the 27th. Ultimo was delivered to me on Monday the 5th. instant, and I have not had time to answer it untill this evening, and I now appropriate a few moments to the difficult task of replying satisfactorily to its contents, every word of which evinces your devotedness to the interest of your husband and pouring forth the effusions of a heart wholly his. I am thus admonished that I can say nothing, that does not subserve his interest that can possibly be satisfactory to you. and before I proceed I will here repeat, my great regret that I have been officially called upon to act in reference to Mr Smith in any manner whatever. I doubt not your candor when you say you do not desire me “to swerve from my duty as executive in the least” and all you ask is to be allowed the privileges, and advantages guaranteed to you by the constitution and laws. You then refer me to the 11th. Section of the Charter of the City of , and claim for Mr Smith the right to be heard by the Municipal Court of , under a writ of Habeus Corpus emanating from said court— when he was held in custody under an executive warrant. The charter of the City of is not before me at this time, but I have examined both the charters, and city ordinance upon the subject, and must express my surprise at the extraordinary assumption of power by the board of Aldermen as contained in said ordinance! from my recollection of the charter it authorizes the Municipal Court to issue writs of Habeues Corpus in all cases of imprisonment, or custody, arising from the authority of the ordinances of , but that the power was granted, or intended to be granted to release persons held in custody under the authority of writs issued by the courts, or the executive of the , is most absurd & rediculous, and an attempt to exercise it, is a gross usurpation of power, that cannot be tolerated. I have always expected, and desired; that Mr Smith should avail himself of the benefits of the laws of this , and of course that he would be entitled to a writ of Habeus Corpus issued by the circuit court, and entitled to a hearing before said court, but to claim the right of a hearing before the Municipal court of the city of is a burlesque upon the charter itself. As to Mr Smiths guilt, or innocence of the crime [p. 201]
I am as ever your humble servant, and never deviating friend,
Joseph Smith.
The important instructions contained in the foregoing letter made a deep and solemn impression on the minds of the saints, and they manifested their intentions to obey the instructions to the letter.
12 September 1842 • Monday
Monday 12th. At home all day in company with brothers & , and councilling to write a letter to the . In the P.M received a letter from the the following of which is a copy.
September 7th. 1842
Dear Madam—
Your letter of the 27th. Ultimo was delivered to me on Monday the 5th. instant, and I have not had time to answer it untill this evening, and I now appropriate a few moments to the difficult task of replying satisfactorily to its contents, every word of which evinces your devotedness to the interest of your husband and pouring forth the effusions of a heart wholly his. I am thus admonished that I can say nothing, that does not subserve his interest that can possibly be satisfactory to you. and before I proceed I will here repeat, my great regret that I have been officially called upon to act in reference to Mr Smith in any manner whatever. I doubt not your candor when you say you do not desire me “to swerve from my duty as executive in the least” and all you ask is to be allowed the privileges, and advantages guaranteed to you by the constitution and laws. You then refer me to the 11th. Section of the Charter of the City of , and claim for Mr Smith the right to be heard by the Municipal Court of , under a writ of Habeus Corpus emanating from said court— when he was held in custody under an executive warrant. The charter of the City of is not before me at this time, but I have examined both the charters, and city ordinance upon the subject, and must express my surprise at the extraordinary assumption of power by the board of Aldermen as contained in said ordinance! from my recollection of the charter it authorizes the Municipal Court to issue writs of Habeues Corpus in all cases of imprisonment, or custody, arising from the authority of the ordinances of , but that the power was granted, or intended to be granted to release persons held in custody under the authority of writs issued by the courts, or the executive of the , is most absurd & rediculous, and an attempt to exercise it, is a gross usurpation of power, that cannot be tolerated. I have always expected, and desired; that Mr Smith should avail himself of the benefits of the laws of this , and of course that he would be entitled to a writ of Habeus Corpus issued by the circuit court, and entitled to a hearing before said court, but to claim the right of a hearing before the Municipal court of the city of is a burlesque upon the charter itself. As to Mr Smiths guilt, or innocence of the crime [p. 201]
Page 201