History Draft [1 January–21 June 1844]

  • Source Note
  • Historical Introduction
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Joseph Smith:— The statement I made out against , I have proved to be facts, and therefore it is not slander. I have testified boldly, and have brought witnesses to prove him to be an adulterer, and a vicious man. I did not do it until he began to use his evil influence against me. If I had been to blame, and he had got the least chance, he would have been here. He knows <​I am​> here, and all know that they have nothing against me. I have proved all that I ever testified; the Court would be bound to discharge me on account of having proved it. There are <​very​> few lawyers who know the great principle of the Act; ask a lawyer, and he does not know but that he has got to go to some judge. <​The U. S. District​> Judge () has been one of the Supreme Judges <​of the ​>; his decision is that it is <​should be​> as much in the power of the simple Magistrate as of the greatest judge: hence Governors, and Supreme Judges all know that I am correct. A simple magistrate <​should​> has <​have​> the right; of <​the right of​> Habeas Corpus which shall not be denied, it does not say by a governor or Judge; who <​then​> does it mean? All the authorities. All judges know that it is a fact. If you hold the office of a magistrate, and you are sworn to keep inviolate the Constitution of the , you are sworn to fulfil that part which says that you shall not refuse the principle <​benefit​> <​privilege​> of the Habeas Corpus to any one. I have only to open Blackstone, or the Bible, and then I know where powers are. I never said anything about <​the​> Higbees <​or the Laws or the Fosters​> &c &c but what is strictly true. I have been placed in peculiar circumstances.
The only sin I ever committed was in <​exercising sympathy​> <​&​> covering up their iniquities; <​*​> <​* or their<​solemn​> promises to reform​> and that <​of this​> I am ashamed of, and never will do it <​so​> again. [p. 40a]
Joseph Smith:— The statement I made out against , I have proved to be facts, and therefore it is not slander. I have testified boldly, and have brought witnesses to prove him to be an adulterer, and a vicious man. I did not do it until he began to use his evil influence against me. If I had been to blame, and he had got the least chance, he would have been here. He knows I am here, and all know that they have nothing against me. I have proved all that I ever testified; the Court would be bound to discharge me on account of having proved it. There are very few lawyers who know the great principle of the Act; ask a lawyer, and he does not know but that he has got to go to some judge. The U. S. District Judge () has been one of the Supreme Judges of the ; his decision is that it should be as much in the power of the simple Magistrate as of the greatest judge: hence Governors, and Supreme Judges all know that I am correct. A simple magistrate should have the right; the right of Habeas Corpus shall not be denied, it does not say by a governor or Judge; who then does it mean? All the authorities. All judges know that it is a fact. If you hold the office of a magistrate, and you are sworn to keep inviolate the Constitution of the , you are sworn to fulfil that part which says that you shall not refuse the privilege of the Habeas Corpus to any one. I have only to open Blackstone, or the Bible, and then I know where powers are. I never said anything about the Higbees or the Laws or the Fosters but what is strictly true. I have been placed in peculiar circumstances.
The only sin I ever committed was in exercising sympathy & covering up their iniquities; * * or theirsolemn promises to reform and of this I am ashamed , and never will do so again. [p. 40a]
Page 40a