History, 1838–1856, volume A-1 [23 December 1805–30 August 1834]

  • Source Note
  • Historical Introduction
Page 423
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are faithfully executed,” are all upon this branch of executive powers. None of these, as I consider, embrace this part of your request— The words, “or other emergency” in our militia law seem quite broad, but the emergency to come within the object of that provision, should be of a public nature.
Your case is certainly a very emergent one, and the consequencies as important to your Society, as if the war had been waged against the whole state, yet, the public has no other interest in it than that the laws be faithfully executed, this far, I presume the whole community feel a deep interest, for that which is the case of the Mormons to day, may be the case of the Catholics tomorrow, and after them any other sect that may become obnoxious to a majority to of the people of any section of the . So far as a faithful of the Laws is concerned, the executive is disposed to do every thing consistent with the means furnished him by the Legislature, and I think I may safely say the same of the Judiciary
As now advised, I am of the opinion that a military guard will be necessary to protect the state witnesses and officers of the Court, and to assist in the executions of its orders, while sitting in . By this mail I write to , inclosing him an order on the Captain of the “Liberty blues.” requiring the Captain to comply with the requisition of the circuit attorney in protecting the court and officers [HC 1:477] and executing their precepts and orders during the progress of these trials. Under the protection of this guard your people can, if they think proper, return to their homes in , and be protected in them during the progress of the trial in question, by which time facts will be developed upon which I can act more definitely. The Attorney General will be required to assist the circuit attorney, if the latter deems it necessary.
On the subject of c[i]vil injuries I must refer you to the courts; such questions rest with them exclusively. The laws are sufficient to afford a remedy for every injury of this kind, and, whenever you make out a case, [p. 423]
are faithfully executed,” are all upon this branch of executive powers. None of these, as I consider, embrace this part of your request— The words, “or other emergency” in our militia law seem quite broad, but the emergency to come within the object of that provision, should be of a public nature.
Your case is certainly a very emergent one, and the consequencies as important to your Society, as if the war had been waged against the whole state, yet, the public has no other interest in it than that the laws be faithfully executed, this far, I presume the whole community feel a deep interest, for that which is the case of the Mormons to day, may be the case of the Catholics tomorrow, and after them any other sect that may become obnoxious to a majority of the people of any section of the . So far as a faithful of the Laws is concerned, the executive is disposed to do every thing consistent with the means furnished him by the Legislature, and I think I may safely say the same of the Judiciary
As now advised, I am of the opinion that a military guard will be necessary to protect the state witnesses and officers of the Court, and to assist in the executions of its orders, while sitting in . By this mail I write to , inclosing him an order on the Captain of the “Liberty blues.” requiring the Captain to comply with the requisition of the circuit attorney in protecting the court and officers [HC 1:477] and executing their precepts and orders during the progress of these trials. Under the protection of this guard your people can, if they think proper, return to their homes in , and be protected in them during the progress of the trial in question, by which time facts will be developed upon which I can act more definitely. The Attorney General will be required to assist the circuit attorney, if the latter deems it necessary.
On the subject of civil injuries I must refer you to the courts; such questions rest with them exclusively. The laws are sufficient to afford a remedy for every injury of this kind, and, whenever you make out a case, [p. 423]
Page 423