Journal, December 1841–December 1842

  • Source Note
  • Historical Introduction
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We also had an interview with who appeared very friendly and  offered to assist us in our business as much as possible. He recommended us to  petition the to revoke the writ & proclamation by for the  arrest of prest. Joseph.— On Wednesday the 14th. We went to see  the District Attorney. We stated to him our intention of visiting the and  our object in so doing. He recommended the course and offered to assist us. We  requested to prepare a petition which was done & accompanied by  an affidavit of each of us present Also a copy of the affidavit of Ex- Govr. [Lilburn W.] Boggs  of of which the following is a copy:—
“State of Missouriss
County of
This day personally appeared before me a Justice of the Peace within and for the  County of the Subscriber who being duly sworn  doeth depose and say that on the night of the sixth day of May 1842  while sitting in his dwelling in the town of in the  County of Jackson, he was shot with intent to kill, and that his  life was dispaired of for several days, and that he believes and has good  reason to believe from Evidence and information now in his possession,  that Joseph Smith commonly called the Mormon Prophet was  accessary before the fact of the intended murder; and that the said  Joseph Smith is a citizen or resident of the State of and the  said deponent hereby applies to the of the State of  to make a demand on the of the State of to deliver  the said Joseph Smith commonly called the Mormon prophet to some  person authorized to receive and convey him to the and  aforesaid, there to be dealt with according to Law.
Sworn to and subscribed before me this 20th.
day of July 1842 J.P.
At 4 o clock P.M. we called upon who went with  us to see the . stated the object of our request and  read a communication which he had wrote to E[lde]r  last October. He then read our petition and presented the papers  to the remarking at the same time that the arrest was based  upon far weaker premises than he had previously supposed, inasmuch  as the affidavit of said nothing about Joseph having fled  from justice, but plainly said he was a resident of the State of   and the constitution only authorizes the delivery up of a  fugitives from Justice to the Executive authority of the State from  which he fled”. The in his reply stated that he had no  doubt but that the writ of was illegal, but he doubted  as to his authority to interfere with the acts of his predecessor. He finally  concluded that he would state the case before the Judges of the  Supreme Court at their counsel next day and whatever they  decided on shall be his decision. He then stated his reasons for  recommending a repeal of the charter and said he regretted that he  had not recommended a repeal of all the charters. &c. [p. 213]
We also had an interview with who appeared very friendly and offered to assist us in our business as much as possible. He recommended us to petition the to revoke the writ & proclamation by for the arrest of prest. Joseph.— On Wednesday the 14th. We went to see the District Attorney. We stated to him our intention of visiting the and our object in so doing. He recommended the course and offered to assist us. We requested to prepare a petition which was done & accompanied by an affidavit of each of us present Also a copy of the affidavit of Ex- Govr. [Lilburn W.] Boggs of of which the following is a copy:—
“State of Missouriss
County of
This day personally appeared before me a Justice of the Peace within and for the County of the Subscriber who being duly sworn doeth depose and say that on the night of the sixth day of May 1842 while sitting in his dwelling in the town of in the County of Jackson, he was shot with intent to kill, and that his life was dispaired of for several days, and that he believes and has good reason to believe from Evidence and information now in his possession, that Joseph Smith commonly called the Mormon Prophet was accessary before the fact of the intended murder; and that the said Joseph Smith is a citizen or resident of the State of and the said deponent hereby applies to the of the State of to make a demand on the of the State of to deliver the said Joseph Smith commonly called the Mormon prophet to some person authorized to receive and convey him to the and aforesaid, there to be dealt with according to Law.
Sworn to and subscribed before me this 20th.
day of July 1842 J.P.
At 4 o clock P.M. we called upon who went with us to see the . stated the object of our request and read a communication which he had wrote to Elder last October. He then read our petition and presented the papers to the remarking at the same time that the arrest was based upon far weaker premises than he had previously supposed, inasmuch as the affidavit of said nothing about Joseph having fled from justice, but plainly said he was a resident of the State of and the constitution only authorizes the delivery up of a “fugitive from Justice to the Executive authority of the State from which he fled”. The in his reply stated that he had no doubt but that the writ of was illegal, but he doubted as to his authority to interfere with the acts of his predecessor. He finally concluded that he would state the case before the Judges of the Supreme Court at their counsel next day and whatever they decided on shall be his decision. He then stated his reasons for recommending a repeal of the charter and said he regretted that he had not recommended a repeal of all the charters. &c. [p. 213]
Page 213