Journal, December 1841–December 1842

  • Source Note
  • Historical Introduction
Page 214
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On thursday the 15th. we attended the District Court being the day appointed for hearing Joseph & ’s cases in Bankruptcy. At our request the cases was not brought on till tomorrow. During the day we endeavored to satisfy with security for the payment of a Judgement against prest. Joseph in favor of the . That judgement being the only hindrance to prest. Joseph receiving his dis-charge. In the evening we again waited on who stated that he had attended the council of the Judges, three of whom where of opinion that the ought to revoke the writ and proclamation, and three that he ought not to intefere with the acts of . They considered that the present case would be a precedent for cases which might occur hereafter of a similar character consequently it would be best to have it tried on Habeus Corpus. said that all the Judges were unanimous in their opinion that pres. Joseph would be acquited on Habeas Corpus, and he thought that would be the best course to be pursued. He said there was no doubt but that the prest. might go to with safety and would certainly be discharged. On Friday the 16th. we again waited on and entered into arrangements in the name of the High Council of the church to secure the payment of the judgement. As soon as this was done he withdrew his objections against who immediately obtained his dis-charge. Prest Josephs dis-charge could not be obtained until had wrote to the solicitor of the Treasury showing our propositions. If they were accepted a dis-charge will be immediately obtained.
The meanness and animosity of president Josephs enemies may be perceived by comparing the Affidavit of and the demand of of , the latter is as follows;
“The of the State of to the of the State of Greeting:— Whereas:— it appears by the annexed document (the afft. of ) which is hereby certified as authentic, that one Joseph Smith is a fugitive from Justice, charged with being accessary before the fact, to an assault with intent to kill, made by one on in this , and it is represented to the Executive Department of this State, has fled to the State of . Now Therefore I Governor of the said State of , by virtue of the authority in me vested by the Constitution and Laws of the , do by these presents, demand the surrender and delivery of the said Joseph Smith to Edward R. Ford who is hereby appointed as the agent to receive the said Joseph Smith on the part of this .
L.S In testimony Whereof, I Governor of the State of have hereunto set my hand, and caused to be affixed the Great Seal of State of . Done at the city of Jefferson this 22nd. day of July in the year of our Lord one thousand eight hundred & forty two of the Independance of the the sixty seventh and of this the twenty-third.
By the Governor
Jas L. Minor Secretary of .” [p. 214]
On thursday the 15th. we attended the District Court being the day appointed for hearing Joseph & ’s cases in Bankruptcy. At our request the cases was not brought on till tomorrow. During the day we endeavored to satisfy with security for the payment of a Judgement against prest. Joseph in favor of the . That judgement being the only hindrance to prest. Joseph receiving his dis-charge. In the evening we again waited on who stated that he had attended the council of the Judges, three of whom where of opinion that the ought to revoke the writ and proclamation, and three that he ought not to intefere with the acts of . They considered that the present case would be a precedent for cases which might occur hereafter of a similar character consequently it would be best to have it tried on Habeus Corpus. said that all the Judges were unanimous in their opinion that pres. Joseph would be acquited on Habeas Corpus, and he thought that would be the best course to be pursued. He said there was no doubt but that the prest. might go to with safety and would certainly be discharged. On Friday the 16th. we again waited on and entered into arrangements in the name of the High Council of the church to secure the payment of the judgement. As soon as this was done he withdrew his objections against who immediately obtained his dis-charge. Prest Josephs dis-charge could not be obtained until had wrote to the solicitor of the Treasury showing our propositions. If they were accepted a dis-charge will be immediately obtained.
The meanness and animosity of president Josephs enemies may be perceived by comparing the Affidavit of and the demand of of , the latter is as follows;
“The of the State of to the of the State of Greeting:— Whereas:— it appears by the annexed document (the afft. of ) which is hereby certified as authentic, that one Joseph Smith is a fugitive from Justice, charged with being accessary before the fact, to an assault with intent to kill, made by one on in this , and it is represented to the Executive Department of this State, has fled to the State of . Now Therefore I Governor of the said State of , by virtue of the authority in me vested by the Constitution and Laws of the , do by these presents, demand the surrender and delivery of the said Joseph Smith to Edward R. Ford who is hereby appointed as the agent to receive the said Joseph Smith on the part of this .
L.S In testimony Whereof, I Governor of the State of have hereunto set my hand, and caused to be affixed the Great Seal of State of . Done at the city of Jefferson this 22nd. day of July in the year of our Lord one thousand eight hundred & forty two of the Independance of the the sixty seventh and of this the twenty-third.
By the Governor
Jas L. Minor Secretary of .” [p. 214]
Page 214