Ordinance, 8 December 1843–A

  • Source Note
Page 191
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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 acquittals were made from investigations upon Writs of Habeas Corpus; 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 nolle prosequi 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 expence: Therefore
Section 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 , [p. 191]
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 acquittals were made from investigations upon Writs of Habeas Corpus; 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 nolle prosequi 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 expence: Therefore
Section 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 , [p. 191]
Page 191