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

  • Source Note
  • Historical Introduction
Page 1860
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<​January 10​> —— They also raised objections against the process issued by for the apprehension of Cook, because it was made returnable to him alone; whereas they said the Statute required it to be made returnable before himself or some other Justice. I explained to them the nature and reason of the ordinance; that it was to prevent kidnapping under the pretence of law or process, and to facilitate the apprehension of thieves &c. in this by throwing all foreign processes into the hands of the Marshall, who would be most likely to know the hiding places of fugitives from justice, who might secrete themselves in our ; and said that if any wrong impression had gone abroad with regard to the motives of the Council in passing said ordinance I would call the Council immediately that they might have the opportunity of giving any explanation necessary, so that the public might understand the ordinance in its true light, I have therefore called the Council accordingly. I also referred the lawyers from to the Statute which requires all processes issued in cases of bastardy to be returnable alone to the justice issuing the same, which they doubted until I shewed them the law; when they looked a little crest fallen, and foolish’
After deliberation, an addition section relative to the foregoing ordinance was read three times, and passed, by way of amendment.
‘Section 3. Be it ordained by the city Council of the city of , that nothing in the foregoing ordinance shall be so construed as to prevent; hinder or thwart the designs of justice, or to retard the civil officers of the or in the discharge of their official duties, but to aid and assist them within the limits of this .
Joseph Smith Mayor.’
Passed January 10th. 1844
Recorder.’
Council adjourned.”
Wrote a letter to Esqr. Backman to inform him of what the City Council had done.
I received a long equivocating letter from , charging me with having slandered his character, and demanding a public trial before the Church. It contains no denial of the charges which he accuses me of having spoken against him; but is full of bombast. [HC 6:174]
11 January 1844 • Thursday
<​11.​> Thursday 11. At home. Rode out 10 a,m, and returned at 1½ p. m.
This morning William Jones who had staid all night at Wilson’s Tavern in was arrested without process by Coll. and his company, who kept him in custody until noon without rations.
The Twelve Apostles gave an invitation to the Saints in to cut and draw for me 75 or 100 cords of wood on the 15th. & 16th. inst.
12 January 1844 • Friday
<​12​> Friday 12 Thaw— snow nearly gone.
A Conference was held in Brownstown, Main [Wayne] County, Michigan, Elder Mephiboseth Sirrine President and Gehiel [Jahiel] Savage Clerk. Nine branches were represented, containing 6 Elders, 9 Priests, 7 Teachers, 1 Deacon, 136 Members and 45 scattered members. One hundred members having removed from that to [p. 1860]
January 10 —— They also raised objections against the process issued by for the apprehension of Cook, because it was made returnable to him alone; whereas they said the Statute required it to be made returnable before himself or some other Justice. I explained to them the nature and reason of the ordinance; that it was to prevent kidnapping under the pretence of law or process, and to facilitate the apprehension of thieves &c. in this by throwing all foreign processes into the hands of the Marshall, who would be most likely to know the hiding places of fugitives from justice, who might secrete themselves in our ; and said that if any wrong impression had gone abroad with regard to the motives of the Council in passing said ordinance I would call the Council immediately that they might have the opportunity of giving any explanation necessary, so that the public might understand the ordinance in its true light, I have therefore called the Council accordingly. I also referred the lawyers from to the Statute which requires all processes issued in cases of bastardy to be returnable alone to the justice issuing the same, which they doubted until I shewed them the law; when they looked a little crest fallen, and foolish’
After deliberation, an addition section relative to the foregoing ordinance was read three times, and passed, by way of amendment.
‘Section 3. Be it ordained by the city Council of the city of , that nothing in the foregoing ordinance shall be so construed as to prevent; hinder or thwart the designs of justice, or to retard the civil officers of the or in the discharge of their official duties, but to aid and assist them within the limits of this .
Joseph Smith Mayor.’
Passed January 10th. 1844
Recorder.’
Council adjourned.”
Wrote a letter to Esqr. Backman to inform him of what the City Council had done.
I received a long equivocating letter from , charging me with having slandered his character, and demanding a public trial before the Church. It contains no denial of the charges which he accuses me of having spoken against him; but is full of bombast. [HC 6:174]
11 January 1844 • Thursday
11. Thursday 11. At home. Rode out 10 a,m, and returned at 1½ p. m.
This morning William Jones who had staid all night at Wilson’s Tavern in was arrested without process by Coll. and his company, who kept him in custody until noon without rations.
The Twelve Apostles gave an invitation to the Saints in to cut and draw for me 75 or 100 cords of wood on the 15th. & 16th. inst.
12 January 1844 • Friday
12 Friday 12 Thaw— snow nearly gone.
A Conference was held in Brownstown, Main [Wayne] County, Michigan, Elder Mephiboseth Sirrine President and Gehiel [Jahiel] Savage Clerk. Nine branches were represented, containing 6 Elders, 9 Priests, 7 Teachers, 1 Deacon, 136 Members and 45 scattered members. One hundred members having removed from that to [p. 1860]
Page 1860