Times and Seasons, 15 August 1842

  • Source Note
Page 889
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vestigation by habeas corpus, is inadmissible) we believe, that judges, lawyers, and jurors, will not be very apprehensive that the law of the land, or the rights of the people, will suffer violence on this account.
Under the existing animosity of the inhabitents of the State of , manifested towards the church of Latter Day Saints, prudence would dictate great caution, and forbearance in the proceedings of public functionaries, relative to claims for persons or property in favor of either party, holding sacred the old maxim: “That it would be better to let ninety and nine guilty persons go unpunished, than to punish one innocent person unjustly.”
Concerning the whole matter, we believe that the parties are entirely innocent of the charges alledged against them; and that the whole of it is a wicked and malicious persecution. But it may here be asked by some if they are innocent, why did they not apply to the master in chancery for a writ of habeas corpus, present themselves before the Judge of the district court, and prove themselves clear?
First, we would answer, that the writ of our municipal court was treated with contempt by the officers, and it would have been dishonoring our municipal authorities to have acknowledged the insufficiency of their writ, and to have let our city charter be wantonly trodden under foot; and that could not have been enforced without coercion, and perhaps employing military force, which under the present excited state of society might have been construed to treason.
In the second place, if they appealed to the district court it might have availed them nothing, even if the Judge felt disposed to do justice (which we certainly believe he would have done) as their dismission would rest upon some technicalities of law, rather than upon the merits of the case; as testimony to prove the guilt, or innocence of the persons charged, could not be admitted on the investigation on a writ of habeas corpus, the question, not being, whether the persons are guilty or not guilty; but merely to test the validity of the writ; which if proved to be issued in due form of law, however innocent the parties might be, would subject them to be transported to —to be murdered.
Upon the whole we think that they have taken the wisest course; we have no reflections to make upon their conduct, and shall maintain unshaken our opinions unless we have more light on the subject than we now possess.
 
————
‘KNOWLEDGE IS POWER.”
The truth of our text can be proved in many ways, by experience. The man of intelligence certainly possesses a power which the unlearned lacks. In the different ages of the world men have arisen and flourished, and maintained their rights in proportion to the knowledge they possessed of the country they inhabited; in proportion to the knowledge they acquired in arts and sciences; and in proportion to the knowledge they displayed in agriculture, and virtue: hence the duration, the stability, and above all, the exaltation and happiness of any community, goes hand in hand with the knowledge possessed by the people, when applied to laudable ends; whereupon we can exclaim like the wise man; righteousness exalteth a nation; for righteousness embraces knowledge and knowledge is power.
From this view of the subject it will readily be perceived, that two kinds of knowledge have, from the beginning, actuated mankind; for all men have not been righteous, though they may have flourished in nations, kingdoms and countries, collectively and individually.
To go on, then, with our subjuct in its true course, will be to speak of that knowledge that cometh from above—which surpasses understanding; even revelation, which unfolds the mysteries of eternity. In this course, however, we are aware that the world will not acquiesce; for, notwithstanding, literally speaking, that all knowledge comes from God, yet when it has been revealed, all men have not believed it as revelation at the time. Hence, when Abel’s offering was accepted of the Lord, that knowledge must have been communicated by revelation, and that revelation though it gave Abel power with God: still Cain was offended, disbelieved and committed murder. Cain knew the Lord, and believed in his father Adam’s scripture, or revelation, but one revelation was enough: he could not bear new ones, and fell.
Noah was a perfect man, and his knowledge or revelation of what was to take place upon the earth, gave him power to prepare and save himself and family from the destruction of the flood. This knowledge, or revelation, like the preceeding one to Abel, was not believed by the inhabitants of the earth. They knew Adam was the first man, made in the image of God; that he was a good man: that Enoch walked with God three hundred and sixty-five years, and was translated to heaven without tasting death: but they could not endure the new revelation: the old we believe because [p. 889]
vestigation by habeas corpus, is inadmissible) we believe, that judges, lawyers, and jurors, will not be very apprehensive that the law of the land, or the rights of the people, will suffer violence on this account.
Under the existing animosity of the inhabitents of the State of , manifested towards the church of Latter Day Saints, prudence would dictate great caution, and forbearance in the proceedings of public functionaries, relative to claims for persons or property in favor of either party, holding sacred the old maxim: “That it would be better to let ninety and nine guilty persons go unpunished, than to punish one innocent person unjustly.”
Concerning the whole matter, we believe that the parties are entirely innocent of the charges alledged against them; and that the whole of it is a wicked and malicious persecution. But it may here be asked by some if they are innocent, why did they not apply to the master in chancery for a writ of habeas corpus, present themselves before the Judge of the district court, and prove themselves clear?
First, we would answer, that the writ of our municipal court was treated with contempt by the officers, and it would have been dishonoring our municipal authorities to have acknowledged the insufficiency of their writ, and to have let our city charter be wantonly trodden under foot; and that could not have been enforced without coercion, and perhaps employing military force, which under the present excited state of society might have been construed to treason.
In the second place, if they appealed to the district court it might have availed them nothing, even if the Judge felt disposed to do justice (which we certainly believe he would have done) as their dismission would rest upon some technicalities of law, rather than upon the merits of the case; as testimony to prove the guilt, or innocence of the persons charged, could not be admitted on the investigation on a writ of habeas corpus, the question, not being, whether the persons are guilty or not guilty; but merely to test the validity of the writ; which if proved to be issued in due form of law, however innocent the parties might be, would subject them to be transported to —to be murdered.
Upon the whole we think that they have taken the wisest course; we have no reflections to make upon their conduct, and shall maintain unshaken our opinions unless we have more light on the subject than we now possess.
 
————
‘KNOWLEDGE IS POWER.”
The truth of our text can be proved in many ways, by experience. The man of intelligence certainly possesses a power which the unlearned lacks. In the different ages of the world men have arisen and flourished, and maintained their rights in proportion to the knowledge they possessed of the country they inhabited; in proportion to the knowledge they acquired in arts and sciences; and in proportion to the knowledge they displayed in agriculture, and virtue: hence the duration, the stability, and above all, the exaltation and happiness of any community, goes hand in hand with the knowledge possessed by the people, when applied to laudable ends; whereupon we can exclaim like the wise man; righteousness exalteth a nation; for righteousness embraces knowledge and knowledge is power.
From this view of the subject it will readily be perceived, that two kinds of knowledge have, from the beginning, actuated mankind; for all men have not been righteous, though they may have flourished in nations, kingdoms and countries, collectively and individually.
To go on, then, with our subjuct in its true course, will be to speak of that knowledge that cometh from above—which surpasses understanding; even revelation, which unfolds the mysteries of eternity. In this course, however, we are aware that the world will not acquiesce; for, notwithstanding, literally speaking, that all knowledge comes from God, yet when it has been revealed, all men have not believed it as revelation at the time. Hence, when Abel’s offering was accepted of the Lord, that knowledge must have been communicated by revelation, and that revelation though it gave Abel power with God: still Cain was offended, disbelieved and committed murder. Cain knew the Lord, and believed in his father Adam’s scripture, or revelation, but one revelation was enough: he could not bear new ones, and fell.
Noah was a perfect man, and his knowledge or revelation of what was to take place upon the earth, gave him power to prepare and save himself and family from the destruction of the flood. This knowledge, or revelation, like the preceeding one to Abel, was not believed by the inhabitants of the earth. They knew Adam was the first man, made in the image of God; that he was a good man: that Enoch walked with God three hundred and sixty-five years, and was translated to heaven without tasting death: but they could not endure the new revelation: the old we believe because [p. 889]
Page 889