History, 1838–1856, volume E-1 [1 July 1843–30 April 1844]

  • Source Note
  • Historical Introduction
Page 1796
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<​December 8​> citizens of this held sacred, and the ordinances of said duly carried into full force and effect: To which end should you judge that the peace and safety of the required it, you are further notified to call for a suitable portion of the Legion to be in complete readiness to compel obedience to the ordinances of said .
Given under my hand and seal this 8th. day of December 1843
Clerk. <​M. C.​> Joseph Smith, Mayor (L.S.)”
In consequence thereof I received from the
“City of December 8th. 1843, Sir: your order to have the ordinances of this fully carried into effect will be duly attended to, but in order so to do, it will be necessary for you as Mayor of the to issue orders to Major General , for a suitable portion of the Legion to be in readiness to compel obedience to said ordinances if necessary. Respectfully &c.
, city Marshall.”
To Joseph Smith Mayor
and I issued
“Head Quarters Legion City of December 8, 1843. Sir, The of this having made a demand of me, for a suitable portion of the Legion to protect the rights of the citizens, and carry the ordinances of said into full effect, you are hereby directed and required, to hold in readiness such portions of the said Legion, which you have the honor to command, as may be necessary to compel obedience to the ordinances of said , and secure the peace of the citizens, and call them out, if occasion require, without further notice.
With due regard, I have the honor to be your obt Servt.
Joseph Smith Lieut Gl. N. L.”
Major Genl.
Commanding Legion [HC 6:104]
4 p.m. Attended city Council which passed “An Extra ordinance for the extra case of Joseph Smith and others.”
“Whereas Joseph Smith has been three times <​arrested and three times​> acquitted upon Writs founded upon supposed crimes or charges preferred by the State of ; which acquittals were made from investigations upon Writs of Habeas Corpus; namely, one in the court for the District of ; one in the Circuit Court of the State—— of ; and one in the Municipal court of ; <​¶​> and Whereas a nolle proseque has once been entered in the courts of upon all the cases of against Joseph Smith and others. And Whereas there appears to be a determined resolution by the State of , to continue these unjust, illegal, and murderous demands for the body of General Joseph Smith, <​¶​> And Whereas it has become intolerable to be thus continually harrassed and robbed of our money to defray the expenses of these prosecutions. <​¶​> And Whereas according to the Constitution of “all men are born equally free and independent, and have certain inherent and indefeazible rights; among which are those of enjoying and defending life and liberty, and of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness.” <​¶​> And Whereas it is our bounden duty by all common means if possible to put a stop to such vexations law suits and save expense; Therefore— [p. 1796]
December 8 citizens of this held sacred, and the ordinances of said duly carried into full force and effect: To which end should you judge that the peace and safety of the required it, you are further notified to call for a suitable portion of the Legion to be in complete readiness to compel obedience to the ordinances of said .
Given under my hand and seal this 8th. day of December 1843
Clerk. M. C. Joseph Smith, Mayor (L.S.)”
In consequence thereof I received from the
“City of December 8th. 1843, Sir: your order to have the ordinances of this fully carried into effect will be duly attended to, but in order so to do, it will be necessary for you as Mayor of the to issue orders to Major General , for a suitable portion of the Legion to be in readiness to compel obedience to said ordinances if necessary. Respectfully &c.
, city Marshall.”
To Joseph Smith Mayor
and I issued
“Head Quarters Legion City of December 8, 1843. Sir, The of this having made a demand of me, for a suitable portion of the Legion to protect the rights of the citizens, and carry the ordinances of said into full effect, you are hereby directed and required, to hold in readiness such portions of the said Legion, which you have the honor to command, as may be necessary to compel obedience to the ordinances of said , and secure the peace of the citizens, and call them out, if occasion require, without further notice.
With due regard, I have the honor to be your obt Servt.
Joseph Smith Lieut Gl. N. L.”
Major Genl.
Commanding Legion [HC 6:104]
4 p.m. Attended city Council which passed “An Extra ordinance for the extra case of Joseph Smith and others.”
“Whereas Joseph Smith has been three times arrested and three times acquitted upon Writs founded upon supposed crimes or charges preferred by the State of ; which acquittals were made from investigations upon Writs of Habeas Corpus; namely, one in the court for the District of ; one in the Circuit Court of the State—— of ; and one in the Municipal court of ; ¶ and Whereas a nolle proseque has once been entered in the courts of upon all the cases of against Joseph Smith and others. And Whereas there appears to be a determined resolution by the State of , to continue these unjust, illegal, and murderous demands for the body of General Joseph Smith, ¶ And Whereas it has become intolerable to be thus continually harrassed and robbed of our money to defray the expenses of these prosecutions. ¶ And Whereas according to the Constitution of “all men are born equally free and independent, and have certain inherent and indefeazible rights; among which are those of enjoying and defending life and liberty, and of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness.” ¶ And Whereas it is our bounden duty by all common means if possible to put a stop to such vexations law suits and save expense; Therefore— [p. 1796]
Page 1796