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

  • Source Note
  • Historical Introduction
Page 1386
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<​August 27​> myself, nor any other person, to my knowledge, has ever, nor do we at this time wish your to swerve from your duty, as an Executive in the least, But we do believe that it is your duty to allow us in this place, the [HC 5:132] privileges and advantages guaranteed to us by the laws of this , and the ; this is all we ask, and if we can enjoy these rights unmolested, it will be the ultimate end of all our ambition; and the result will be peace and prosperity to us, and all the surrounding country, as far as we are concerned Nor do we wish to take any undue advantage of any intricate technicalities of law; but honorably and honestly to fulfil all of the laws of this , and of the , and then, in turn, to have the benefits resulting from an honorable execution of those laws. And now, your will not consider me assuming any unbecoming dictation; but recollect that the many—— prosecutions that has have been got up unjustly and pursued illegally against Mr. Smith, instigated by selfish and irreligious motives, has obliged me to know something for myself; therefore, let me refer you to the eleventh section of our City Charter “All power is granted to the City Council, to make, ordain, establish and execute all ordinances, not repugnant to the Constitution of the , or of the , or, as they may deem necessary for the peace and safety of said .” Accordingly there is an ordinance passed by the City Council to prevent our people from being carried off by an illegal process. And if any one thinks he is illegally seized, under this ordinance he claims the right of Habeas Corpus, under section 17th. of the Charter, to try the question of identity, which is strictly constitutional. These powers are positively granted in the Charter over your own signature; and now, dear sir, where can be the justice in depriving us of these rights which are lawfully ours, as well as they are the lawful rights of the inhabitants of and and many other places, where the Citizens enjoy the advantages of such ordinances, without controversy. With these considerations, and many more which might be adduced, give us the privilege, and we will show your , and the world besides, if required, that <​the​> Mr. Smith referred to, in the—— demand from , is not the Joseph Smith of , for he was not in ; neither is he described in the Writ, according as the Law requires; and that he is not a fugitive from justice. Why then, be so strenuous to have my husband taken, when you know him to be innocent of an attempt on the life of , and that he is not a fugitive from justice? It is not the fear of a just decision against him, that deters Mr. Smith, from going into ; but it is an actual knowledge that it was never intended he should have a fair trial. And now Sir, if you were not aware of the fact; I will acquaint you with it now, that there were lying in wait, between this place and [HC 5:133], twelve men from , Missouri, for the purpose of taking Mr. Smith out of the hands of the Officers who might have him in custody. Also those two men from that were here with Messrs. and , divulged the most illegal and infernal calculations concerning taking Mr. Smith into , the evidence of which, we can furnish you at any time if required, And dear Sir, our good feelings revolt at the suggestion that your is acquainted with the unlawful measures taken by those engaged in the prosecution— [p. 1386]
August 27 myself, nor any other person, to my knowledge, has ever, nor do we at this time wish your to swerve from your duty, as an Executive in the least, But we do believe that it is your duty to allow us in this place, the [HC 5:132] privileges and advantages guaranteed to us by the laws of this , and the ; this is all we ask, and if we can enjoy these rights unmolested, it will be the ultimate end of all our ambition; and the result will be peace and prosperity to us, and all the surrounding country, as far as we are concerned Nor do we wish to take any undue advantage of any intricate technicalities of law; but honorably and honestly to fulfil all of the laws of this , and of the , and then, in turn, to have the benefits resulting from an honorable execution of those laws. And now, your will not consider me assuming any unbecoming dictation; but recollect that the many—— prosecutions that have been got up unjustly and pursued illegally against Mr. Smith, instigated by selfish and irreligious motives, has obliged me to know something for myself; therefore, let me refer you to the eleventh section of our City Charter “All power is granted to the City Council, to make, ordain, establish and execute all ordinances, not repugnant to the Constitution of the , or of the , or, as they may deem necessary for the peace and safety of said .” Accordingly there is an ordinance passed by the City Council to prevent our people from being carried off by an illegal process. And if any one thinks he is illegally seized, under this ordinance he claims the right of Habeas Corpus, under section 17th. of the Charter, to try the question of identity, which is strictly constitutional. These powers are positively granted in the Charter over your own signature; and now, dear sir, where can be the justice in depriving us of these rights which are lawfully ours, as well as they are the lawful rights of the inhabitants of and and many other places, where the Citizens enjoy the advantages of such ordinances, without controversy. With these considerations, and many more which might be adduced, give us the privilege, and we will show your , and the world besides, if required, that the Mr. Smith referred to, in the—— demand from , is not the Joseph Smith of , for he was not in ; neither is he described in the Writ, according as the Law requires; and that he is not a fugitive from justice. Why then, be so strenuous to have my husband taken, when you know him to be innocent of an attempt on the life of , and that he is not a fugitive from justice? It is not the fear of a just decision against him, that deters Mr. Smith, from going into ; but it is an actual knowledge that it was never intended he should have a fair trial. And now Sir, if you were not aware of the fact; I will acquaint you with it now, that there were lying in wait, between this place and [HC 5:133], twelve men from , Missouri, for the purpose of taking Mr. Smith out of the hands of the Officers who might have him in custody. Also those two men from that were here with Messrs. and , divulged the most illegal and infernal calculations concerning taking Mr. Smith into , the evidence of which, we can furnish you at any time if required, And dear Sir, our good feelings revolt at the suggestion that your is acquainted with the unlawful measures taken by those engaged in the prosecution— [p. 1386]
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