History, 1838–1856, volume F-1 [1 May 1844–8 August 1844]

  • Source Note
  • Historical Introduction
Page 8 [addenda]
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<​June 26​> would have stated that we wanted to use intimidation, therefore we thought it the most judicious to avail ourselves of the protection of the law.
. I see, I see.
Joseph Smith. Furthermore, in relation to the press, you say that you differ from me in opinion; be it so, the thing after all is only a legal difficulty and the courts I should judge competent to decide on that matter. If our act was illegal we are willing to meet it and although I cannot see the distinction that you draw about the acts of the City Council, and what difference it could have made in point of fact, law or justice, between the City Council’s acting together or separate, or how much more legal it would have been for the Municipal Court, who were a part of the City Council, to act separate, instead of with the Councilors. Yet if it is deemed that we did a wrong, in destroying that press, we refuse not to pay for it, we are desirous to fulfil the law in every particular, and are responsible for our acts. You say that the parties ought to have had a hearing. Had it been a civil suit, this of course, would have been proper, but there was a flagrant violation of every principle of right; a nuisance; and it was abated on the same principle that any nuisance, stench or putrified carcase would have been removed. Our first step therefore was to stop the foul noisome, filthy sheet, and then the next, in our opinion, would have been to have prosecuted the man for a breach of public decency. And furthermore, again let me say, , I shall look to you for our protection. I believe you are talking of going to ; if you go, , I wish to go along. I refuse not to answer any law, but I do not consider myself safe here.
. I am in hopes that you will be acquitted, but if I go, I will certainly take you along; I do not however apprehend danger. I think you are perfectly safe, either here or anywhere else. I cannot however interfere with the law. I am placed in peculiar circumstances, and seem to be blamed by all parties.
Joseph Smith. , I ask nothing but what is legal, I have a right to expect protection, at least from you, for independent of law, you have pledged your faith, and that of the for my protection, and I wish to go to .
<​Page 162.​> “. And you shall have. protection, Gen. Smith. I did not make this promise without consulting my officers, who all pledged their honor to its fulfilment. I do not know that I shall go tomorrow to , but if I do, I will take you along”
Addenda • 28 July 1844
<​July 28​>
<​Page 285​> On hearing of the death of the Prophet and , Elders , , Graham Coltrin, , Ira Miles and were together in . Elder counselled the Elders to return home. They accordingly started for ; the roads were muddy, the waters high, and many of the bridges gone. As they approached [p. 8 [addenda]]
June 26 would have stated that we wanted to use intimidation, therefore we thought it the most judicious to avail ourselves of the protection of the law.
. I see, I see.
Joseph Smith. Furthermore, in relation to the press, you say that you differ from me in opinion; be it so, the thing after all is only a legal difficulty and the courts I should judge competent to decide on that matter. If our act was illegal we are willing to meet it and although I cannot see the distinction that you draw about the acts of the City Council, and what difference it could have made in point of fact, law or justice, between the City Council’s acting together or separate, or how much more legal it would have been for the Municipal Court, who were a part of the City Council, to act separate, instead of with the Councilors. Yet if it is deemed that we did a wrong, in destroying that press, we refuse not to pay for it, we are desirous to fulfil the law in every particular, and are responsible for our acts. You say that the parties ought to have had a hearing. Had it been a civil suit, this of course, would have been proper, but there was a flagrant violation of every principle of right; a nuisance; and it was abated on the same principle that any nuisance, stench or putrified carcase would have been removed. Our first step therefore was to stop the foul noisome, filthy sheet, and then the next, in our opinion, would have been to have prosecuted the man for a breach of public decency. And furthermore, again let me say, , I shall look to you for our protection. I believe you are talking of going to ; if you go, , I wish to go along. I refuse not to answer any law, but I do not consider myself safe here.
. I am in hopes that you will be acquitted, but if I go, I will certainly take you along; I do not however apprehend danger. I think you are perfectly safe, either here or anywhere else. I cannot however interfere with the law. I am placed in peculiar circumstances, and seem to be blamed by all parties.
Joseph Smith. , I ask nothing but what is legal, I have a right to expect protection, at least from you, for independent of law, you have pledged your faith, and that of the for my protection, and I wish to go to .
Page 162. “. And you shall have. protection, Gen. Smith. I did not make this promise without consulting my officers, who all pledged their honor to its fulfilment. I do not know that I shall go tomorrow to , but if I do, I will take you along”
Addenda • 28 July 1844
July 28
Page 285 On hearing of the death of the Prophet and , Elders , , Graham Coltrin, , Ira Miles and were together in . Elder counselled the Elders to return home. They accordingly started for ; the roads were muddy, the waters high, and many of the bridges gone. As they approached [p. 8 [addenda]]
Page 8 [addenda]