Letter, Emma Smith to Thomas Carlin, 27 August 1842 [Extradition of JS for Accessory to Assault]

  • Source Note
  • Historical Introduction
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August 27th. 1842
“To His Excellency
Dear Sir— I received your letter of the 24th. in due time, and now tender you the sincere gratitude of my heart, for the interest which you have felt in my peace and prosperity; and I assure you, that every act of kindness, and every word of consolation have been thankfully received and duly appreciated by my me and my friends also; and I much regret your ill health, and still hope that you will avail yourself of sufficient time to investigate our cause, and thoroughly acquaint yourself with the illegality of the prosecution instituted against Mr Smith.— And I now certify that Mr Smith, my self, nor any other person, to my knowledge, has ever, nor do we at this time wish your honor to swerve from your duty, as an executive, in the least. But we do believe that it is your duty to allow us in this place, the privileges and advantages guaranteed to us by the laws of this and the ; this is all we ask, and if we can enjoy these rights unmolested, it will be the ultimate end of all our ambition; and the result will be peace and prosperity to us and all the surrounding country, as far as we are concerned. Nor do we wish to take any undue advantage of any intricate technicalities of law; but honorably and honestly to fulfil all of the laws of this , and of the , and then, in turn, to have the benifits resulting from an honorable execution of those laws.
And now, will not consider me assuming any unbecoming dictation; but recollect that the many prosecutions that has been got up unjustly, and pursued illegaly against Mr Smith, instigated by selfish and irreligious motives, has obliged me to know something for myself; therefore, let me refer you to the eleventh Section of our Charter. “All power is granted to the council, to make, ordain, establish, and execute all ordinances, not repugnant to the constitution of the State or of the , or, as they may deem necessary for the peace and safety of said .” Accordingly there is an ordinance passed by the Council to prevent our people from being carried off by an illegal process. And if any one thinks he is illegally seized, under this ordinance he claims the right of Habeus Corpus under section 17th. of the charter, to try the question of identity, which is strictly constitutional.
These powers are positively granted in the charter over your own signature; and now, dear sir, where can be the justice in depriving us of these rights which are lawfully ours, as well as they are the lawful rights of the inhabitants of and and many other places where the citizens enjoy the advantages of such ordinances, without controversy. With these considerations, and many more which might be adduced, give us the privilege and we will show , and the world besides, if required, that the Mr Smith referr’d to in the demand from Missouri, is not the Joseph Smith of , for he was not in ; neither is he [p. 187]
August 27th. 1842
“To His Excellency
Dear Sir— I received your letter of the 24th. in due time, and now tender you the sincere gratitude of my heart, for the interest which you have felt in my peace and prosperity; and I assure you, that every act of kindness, and every word of consolation have been thankfully received and duly appreciated by me and my friends also; and I much regret your ill health, and still hope that you will avail yourself of sufficient time to investigate our cause, and thoroughly acquaint yourself with the illegality of the prosecution instituted against Mr Smith.— And I now certify that Mr Smith, my self, nor any other person, to my knowledge, has ever, nor do we at this time wish your honor to swerve from your duty, as an executive, in the least. But we do believe that it is your duty to allow us in this place, the privileges and advantages guaranteed to us by the laws of this and the ; this is all we ask, and if we can enjoy these rights unmolested, it will be the ultimate end of all our ambition; and the result will be peace and prosperity to us and all the surrounding country, as far as we are concerned. Nor do we wish to take any undue advantage of any intricate technicalities of law; but honorably and honestly to fulfil all of the laws of this , and of the , and then, in turn, to have the benifits resulting from an honorable execution of those laws.
And now, will not consider me assuming any unbecoming dictation; but recollect that the many prosecutions that has been got up unjustly, and pursued illegaly against Mr Smith, instigated by selfish and irreligious motives, has obliged me to know something for myself; therefore, let me refer you to the eleventh Section of our Charter. “All power is granted to the council, to make, ordain, establish, and execute all ordinances, not repugnant to the constitution of the State or of the , or, as they may deem necessary for the peace and safety of said .” Accordingly there is an ordinance passed by the Council to prevent our people from being carried off by an illegal process. And if any one thinks he is illegally seized, under this ordinance he claims the right of Habeus Corpus under section 17th. of the charter, to try the question of identity, which is strictly constitutional.
These powers are positively granted in the charter over your own signature; and now, dear sir, where can be the justice in depriving us of these rights which are lawfully ours, as well as they are the lawful rights of the inhabitants of and and many other places where the citizens enjoy the advantages of such ordinances, without controversy. With these considerations, and many more which might be adduced, give us the privilege and we will show , and the world besides, if required, that the Mr Smith referr’d to in the demand from Missouri, is not the Joseph Smith of , for he was not in ; neither is he [p. 187]
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