History, 1838–1856, volume F-1 [1 May 1844–8 August 1844]

  • Source Note
  • Historical Introduction
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<​See Taylor’s pge 39​> and that the Legion had been called out for the protection of the , while it was threatened with immediate hostilities by an infuriated mob, until his could afford relief, and not for the purpose of invasion. The seemed to be satisfied that this was the truth, but still he did not interfere in their illegal imprisonment. Joseph adverted to all the leading causes which gave rise to the difficulties under consideration in a brief, but lucid, energetic and impressive manner. The said he was satisfied it was the truth. General Smith then read copies of the orders and proceedings of the City Council of , concerning the destruction of the “Expositor Press,” and of the correspondence forwarded to his , in relation thereto; and also informed him concerning the calling out of the Legion, and the position they occupied of absolute necessity,— not to make war upon, or invade the rights of any portion of the citizens of the ; but it was the last resort, and only defence, in the absence of executive protection, against a large, organized military and mobocratic foe. General Smith reminded his that the question in dispute was a civil matter, and to settle which needed no resort to arms, and that he was ready at any time, and had aways been ready to answer any charge that might be preferred against him, either as the Lieut. General of the Legion, the Mayor of the , or as a private individual, in any court of Justice, <​which​> was unintimimadated by a mob or military array; and make all the satisfaction that the law required, if any &c. The said he had not called out this force; [HC 6:577] but found it assembled in military array, without his orders, on his arrival in ; and that the laws must be enforced, but that the prisoners must and should be protected. <​and he again pledged his word, and the faith & honor of the that they should be protected.​> He also stated that he intended to march his forces (that is, those who had assembled for mobocratic purposes; and whom he had mustered into his service) to , to gratify them, and that the prisoners should accompany them, and then return again to attend the trial before the said magistrate, which he said had been postponed for the purpose of making this visit. -[]- Joseph alluded to the coming of when he gave himself up, also to his offer to go before “any other Justice of the Peace.” and called upon some twenty bystanders to witness that he submitted to the writ, but for fear of his life if he went to he had preferred to go before Esq. , a gentleman of high legal attainments, who is in no way connected with the Mormon Church.
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go on prairie to Appenoose,
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Habeas Corpus
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that he had sent frequent expresses and letters to the ; that Dr. , Dr and Mr. also had written letters to the ; that he had written another letter to the which was sent on the 15th June by ; that he had written again on the 16th. June, enclosing affidavits, and sent them by Messrs. , and John Bills. He also read ’s certificate of the proceedings of the Mob at ; also his Proclamation, his orders as Lieunenant General to , the proceedings of the City Council of , and [p. 163]
See Taylor’s pge 39
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[p. 163]
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