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

  • Source Note
  • Historical Introduction
Page 1432
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<​December 31​> of . He then read ’s [HC 5:212] Warrant; Affidavit; ’s requisition on the of ; and the proclamation of , shewing that had made a false statement, as nothing appeared in the Affidavit to show that Smith was in . He also stated that all the authority for transportation of persons from one State to another rests on the Constitution and the law of Congress. We ask for Habeas Corpus because the papers are false, and because <​that​> we can prove that Joseph Smith was in this at the time of the commission of the crime. The writ was granted, returned, and served in one minute, and I walked up to the bar. read the Habeas Corpus, and moved the Court to take bail, till I could have a hearing, which was granted: and altho’ it was only a case of misdemeanor, Generals and were bailed for me in the sum of two thousand dollars each, and Monday was set for trial. The Court room was crowded, and on our returning. as came to the top of the Stairs, one of the crowd observed “there goes Smith the Prophet, and a good looking man he is” “and (said another) as damd. a rascal as ever lived” replied “and a good many ditto” “Yes (said the man) ditto, ditto, God dam you; and every one that takes his part is as damd a rascal as he is”. When at the foot of the stairs, said “I am the man and I take his part,” said the man “You are a damd rascal too”. “You are a lying scoundrel” replied , and the man began began to strip off his clothes and ran out in the Street, cursing and swearing, and raising a tumult. when Mr. [Lyman] Prentice the Marshall interfered and with great exertions quelled the Mob. Much credit is due Mr. Prentice for his zeal to keep the Peace. When the rowdies had dispersed I went with and to see <​who​> was sick. He told me he had a requisition from the for a renewal of persecu[HC 5:213]tion in the old case of Treason against , but he happened to know that it was all dead, we dined with at the “American House” where the quartered, after which we returned to the ’s room. In course of conversation he remarked “he was no religionist” I told him I had no creed to—— circumscribe my mind, therefore the people did not like me “Well (said the ) from reports we had reason to think the Mormons were a peculiar people, different from other people, having horns or something of the kind; but I find they look like other people, indeed I think Mr. Smith is a very good looking man”. At 2 P. M. in the evening I returned to and appointed Elders and to preach in the Representatives Hall on the Morrow. stated that it was possible to revoke political charters but not Company charters. I argued that if a legislature has power to grant a charter for ten years, it has no power to revoke it until after the expiration thereof. The same principle will hold good for twenty or one hundred years, and also for a—— perpetual charter, it cannot be revoked in time.
John Darby came in and said he was going to California with [James] Brewster. I told him I would say as the Prophet said to Hezekiah “go and prosper, but ye shall not return in peace” Brewster may set out for California, but he will not get there unless somebody shall pick him up by the way, feed him, and help him along. Brewster showed me the Manuscript he had been writing. I enquired of the Lord, and the Lord told me the book was not true, it was not of him. If God ever called me, or spake by my mouth, or gave me a revelation, he never gave—— revelations to that Brewster boy, or any of the Brewster race. [HC 5:214]
This afternoon a team ran away, and went past the State House, when the hue and cry was raised “Jo Smith is running away”, which produced great excitement, and a sudden—— adjournment of the House of Representatives. [p. 1432]
December 31 of . He then read ’s [HC 5:212] Warrant; Affidavit; ’s requisition on the of ; and the proclamation of , shewing that had made a false statement, as nothing appeared in the Affidavit to show that Smith was in . He also stated that all the authority for transportation of persons from one State to another rests on the Constitution and the law of Congress. We ask for Habeas Corpus because the papers are false, and because that we can prove that Joseph Smith was in this at the time of the commission of the crime. The writ was granted, returned, and served in one minute, and I walked up to the bar. read the Habeas Corpus, and moved the Court to take bail, till I could have a hearing, which was granted: and altho’ it was only a case of misdemeanor, Generals and were bailed for me in the sum of two thousand dollars each, and Monday was set for trial. The Court room was crowded, and on our returning. as came to the top of the Stairs, one of the crowd observed “there goes Smith the Prophet, and a good looking man he is” “and (said another) as damd. a rascal as ever lived” replied “and a good many ditto” “Yes (said the man) ditto, ditto, God dam you; and every one that takes his part is as damd a rascal as he is”. When at the foot of the stairs, said “I am the man and I take his part,” said the man “You are a damd rascal too”. “You are a lying scoundrel” replied , and the man began began to strip off his clothes and ran out in the Street, cursing and swearing, and raising a tumult. when Mr. [Lyman] Prentice the Marshall interfered and with great exertions quelled the Mob. Much credit is due Mr. Prentice for his zeal to keep the Peace. When the rowdies had dispersed I went with and to see who was sick. He told me he had a requisition from the for a renewal of persecu[HC 5:213]tion in the old case of Treason against , but he happened to know that it was all dead, we dined with at the “American House” where the quartered, after which we returned to the ’s room. In course of conversation he remarked “he was no religionist” I told him I had no creed to—— circumscribe my mind, therefore the people did not like me “Well (said the ) from reports we had reason to think the Mormons were a peculiar people, different from other people, having horns or something of the kind; but I find they look like other people, indeed I think Mr. Smith is a very good looking man”. At 2 in the evening I returned to and appointed Elders and to preach in the Representatives Hall on the Morrow. stated that it was possible to revoke political charters but not Company charters. I argued that if a legislature has power to grant a charter for ten years, it has no power to revoke it until after the expiration thereof. The same principle will hold good for twenty or one hundred years, and also for a—— perpetual charter, it cannot be revoked in time.
John Darby came in and said he was going to California with [James] Brewster. I told him I would say as the Prophet said to Hezekiah “go and prosper, but ye shall not return in peace” Brewster may set out for California, but he will not get there unless somebody shall pick him up by the way, feed him, and help him along. Brewster showed me the Manuscript he had been writing. I enquired of the Lord, and the Lord told me the book was not true, it was not of him. If God ever called me, or spake by my mouth, or gave me a revelation, he never gave—— revelations to that Brewster boy, or any of the Brewster race. [HC 5:214]
This afternoon a team ran away, and went past the State House, when the hue and cry was raised “Jo Smith is running away”, which produced great excitement, and a sudden—— adjournment of the House of Representatives. [p. 1432]
Page 1432