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

  • Source Note
  • Historical Introduction
Page 66
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<​May 30​> “1st. Because the person issuing the warrant on which he has been arrested is unauthorized to issue the same.
“2nd Because the process has been issued in a case, and under circumstances where the law does not allow process. [HC 6:421]
“3rd. Because the person having custody of said is unauthorized to execute the warrant under which he is acting, and is not the person empowered by law to detain him
“4th Because said has been by and before a competent court, legally examined and discharged in relation to the subject matter set forth in said warrant.
“5th Because said writ is defective in a substantial form required by law.
was called and persisted in considering the authority under which he acted good and sufficient.
urged the 1st. & 2nd count in his plea, and read from the Constitution of the , Art 4, 2nd Sec. 2nd Par. 3rd count, read Revised Statutes of , page 51, Sec. 399 and p. 324. 4th count, read the certificate of John S. Dunlap, Clerk of the District Court for the County of Desmoines, Iowa Territory, dated May 21st, 1844, a copy of which is on file in the Clerk’s office.
said he had nothing to say, and the case was submitted.
Decision. The Court is of opinion when they take into consideration their oath to support the Constitution of the , that the certificate of John S. Dunlap, Clerk of the District Court for the County of Desmoines, Territory of Iowa, is sufficient to authorize the discharge <​of​> the prisoner, because the Constitution says no person shall twice be put in jeopardy of life for the same offence. The decision of the Court is, that the be dischargd on all points for which plea has been made in his behalf, and that judgment be entered against the prosecutor for costs.”
Evening, was going to ; swore out an execution for $7775/100. came forward and acknowledged the fee bill, and afterwards threatened to bring the dragoons in order to get .
called for a copy of the proceedings of the Municipal Court.
I wrote the following letter to :—
, May 30th, 1844.
“Sir:
Permit me to introduce to your particular notice and confidence, as brethren of the ‘mystic tie’, Mr. of , and Mr. of in said territory. is a gentleman whose statements can be relied on; and , a law[HC 6:422]yer of sound principles, as well as promising talents, and I always take pleasure in extending the reputations of honorable men among honorable men, especially when it appears to me that the benevolence and clemency extended by me is needed and merited by worthy men. Conscious too, that your honor is liberal and just in your sphere, and will appreciate the golden rule, I have only to greet you with my best wishes for your welfare and happiness.
“Respectfully I have the honor to be, your humble servant,
Joseph Smith.”
.”
A presidential election was recently held on board the Osprey, and the result was as follows:— [p. 66]
May 30 “1st. Because the person issuing the warrant on which he has been arrested is unauthorized to issue the same.
“2nd Because the process has been issued in a case, and under circumstances where the law does not allow process. [HC 6:421]
“3rd. Because the person having custody of said is unauthorized to execute the warrant under which he is acting, and is not the person empowered by law to detain him
“4th Because said has been by and before a competent court, legally examined and discharged in relation to the subject matter set forth in said warrant.
“5th Because said writ is defective in a substantial form required by law.
was called and persisted in considering the authority under which he acted good and sufficient.
urged the 1st. & 2nd count in his plea, and read from the Constitution of the , Art 4, 2nd Sec. 2nd Par. 3rd count, read Revised Statutes of , page 51, Sec. 399 and p. 324. 4th count, read the certificate of John S. Dunlap, Clerk of the District Court for the County of Desmoines, Iowa Territory, dated May 21st, 1844, a copy of which is on file in the Clerk’s office.
said he had nothing to say, and the case was submitted.
Decision. The Court is of opinion when they take into consideration their oath to support the Constitution of the , that the certificate of John S. Dunlap, Clerk of the District Court for the County of Desmoines, Territory of Iowa, is sufficient to authorize the discharge of the prisoner, because the Constitution says no person shall twice be put in jeopardy of life for the same offence. The decision of the Court is, that the be dischargd on all points for which plea has been made in his behalf, and that judgment be entered against the prosecutor for costs.”
Evening, was going to ; swore out an execution for $7775/100. came forward and acknowledged the fee bill, and afterwards threatened to bring the dragoons in order to get .
called for a copy of the proceedings of the Municipal Court.
I wrote the following letter to :—
, May 30th, 1844.
“Sir:
Permit me to introduce to your particular notice and confidence, as brethren of the ‘mystic tie’, Mr. of , and Mr. of in said territory. is a gentleman whose statements can be relied on; and , a law[HC 6:422]yer of sound principles, as well as promising talents, and I always take pleasure in extending the reputations of honorable men among honorable men, especially when it appears to me that the benevolence and clemency extended by me is needed and merited by worthy men. Conscious too, that your honor is liberal and just in your sphere, and will appreciate the golden rule, I have only to greet you with my best wishes for your welfare and happiness.
“Respectfully I have the honor to be, your humble servant,
Joseph Smith.”
.”
A presidential election was recently held on board the Osprey, and the result was as follows:— [p. 66]
Page 66