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 acquitals were made from investigations upon writs of ; 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 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 harassed and robbed of our money to defray the expences 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 vexatious law suits and save expense: Therefore
Sec. 1 Be it ordained by the City Council of the city of , according to the intent and meaning of the Charter for the ‘benefit and convenience’ of , that hereafter, if any person or persons shall come with process, demand or requisition founded upon the aforesaid difficulties, to arrest said Joseph Smith, he or they shall be subject to be arrested by any officer of the , with or , and tried by the Municipal Court; upon testimony, and if found guilty, sentenced to imprisonment in the city prison for life, which convict or convicts can only be pardoned by the Governor with the consent of the Mayor of said .
Sec. 2. And be it further ordained that the preceeding section shall apply to the case of every and all persons that may be arrested, demanded or required, upon any charge founded in the aforesaid difficulties.
Sec. 3. And be it further ordained, that the Jury that makes the presentment, in any case abeve specified, shall not, nor either of them, act as Jurors on the final trial, but the trial shall be conducted according to the fifth and sixth articles of the amendment to the constitution of the .
Passed December 8, 1843.
JOSEPH SMITH, Mayor.
‘AMENDMENTS TO THE CONSTITUTION OF THE .’
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentiment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the milita, when in actual service, in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty or property, without due process of law; nor shall private property be taken for public use without just compensation,
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defence.’ [p. ]