History Draft [1 July–31 December 1842]

  • Source Note
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<​31—​> rests on the constitution and the law of Congress. We ask for Habeas corpus because the papers are false, & because we can prove that Joseph Smith was in this state at the time of the commission of the crime. The writ was granted, returned, & served in one minute, & I walked up to the bar. read the Habeas Corpus, & moved the court to take bail till I could have a hearing, which was granted: and although it was only a case of misdemeaner Genr. & were bailed for me in the sum of $2000 each, & Monday was set for trial. The court room was crowded, and on our retiring as came to the top of the stairs, some one of the crowd observed “there goes Smith the prophet, & a good looking man he is” “and (said another) as damed dam’d 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 dam’d a rascal as he is.” When at the foot of the stairs, said “I am the man, & I take his part.” Said the man “you are a dam’d rascal <​to.​>” “You are a lying scoundrel” replied & the man began to strip off his clothes, & ran out in the street cursing & swearing, & raising a tumult, when Mr [Lyman] Prentice, the marshall, interfered & with great exertions quelled the riotous proceedings, mob. Much credit is due Mr Prentice for his zeal to keep the peace. When the rowdies had dispersed I went with <​& ​> to see who was sick. He told me he had a requisition from the of for a renewal of persecution in the old case of treason against but he happened to know that the 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 replied <​told him​> I had no creed to circumscribe my mind, therefor 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 I returned to & appointed Elders & to preach in the Representatives Hall on the Sabbath morrow. stated that it was possible to revoke political charters, but not co charters. I argued that if a Legislature has power to grant a charter for 10 years it has no power to revoke it until after the expiration thereof. The same principle will hold good for 20 or 100 years, & also for a perpetual charter it cannot be revoked in time. [p. 23]
31— rests on the constitution and the law of Congress. We ask for Habeas corpus because the papers are false, & because we can prove that Joseph Smith was in this state at the time of the commission of the crime. The writ was granted, returned, & served in one minute, & I walked up to the bar. read the Habeas Corpus, & moved the court to take bail till I could have a hearing, which was granted: and although it was only a case of misdemeaner Genr. & were bailed for me in the sum of $2000 each, & Monday was set for trial. The court room was crowded, and on our retiring as came to the top of the stairs, some one of the crowd observed “there goes Smith the prophet, & a good looking man he is” “and (said another) as dam’d 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 dam’d a rascal as he is.” When at the foot of the stairs, said “I am the man, & I take his part.” Said the man “you are a dam’d rascal to.” “You are a lying scoundrel” replied & the man began to strip off his clothes, & ran out in the street cursing & swearing, & raising a tumult, when Mr [Lyman] Prentice, the marshall, interfered & 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 & to see who was sick. He told me he had a requisition from the for a renewal of persecution 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, therefor 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 I returned to & appointed Elders & to preach in the Representatives Hall on the morrow. stated that it was possible to revoke political charters, but not co charters. I argued that if a Legislature has power to grant a charter for 10 years it has no power to revoke it until after the expiration thereof. The same principle will hold good for 20 or 100 years, & also for a perpetual charter it cannot be revoked in time. [p. 23]
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