Journal, December 1841–December 1842

  • Source Note
  • Historical Introduction
Page 215
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On Saturday the 17th. wrote the following letter to Prest. Joseph and sent it by us.
Decr. 17th. 1842
Dear Sir:— Your petition requesting me to rescind s proclamation and recall the writ issued against you has been received and duly considered. I submitted your case and all the papers relating thereto, to the Judges of the Supreme Court; or at least to six of them who happened to be present. They were unanimous in the opinion that the requisition from was illegal and insufficient to cause your arrest, but were equally divided as to the propriety and Justice of my interference with the acts of . It being therefore a case of great doubt as to my power, and I not wishing ever in an official Station to assume the exercise of doubtful powers; and in as much as you have a sure and effectual remedy in the courts, I have decided to decline interfering. I can only advise that you submit to the laws and have a Judicial investigation of your rights. If it should become necessary for this purpose to repair to Springfield I do not believe that there will be any disposition to use illegal violence towards you; and I would feel it my duty in your case, as in the case of any other person, to protect you with any necessary amount of force from mob violence whilst asserting your rights before the courts, going to and returning.
I am most respectfully yours
.”
After receiving this letter we went to see and shewed him the above letter. He immediately set down and wrote the following.—
December 17th. 1842
Joseph Smith Esqr.
Dear Sir:—
I have heard the letter read which has written to you, and his statements are correct in relation to the opinion of the Judges of the Supreme Court. The Judges were unanimously of the opinion that you would be entitled to your discharge under a Habeas Corpus to be issued by the Supreme Court— but felt some delicacy in advising to revoke the order issued by — my advice is, that you come here without delay and you do not run the least risk of being protected while here and of being discharged by the Sup. Court by Habeas Corpus— I have also a right to bring the case before the U.S. Court now in Session here, and there you are certain of obtaining your discharge— I will stand by you and see you safely delivered from your arrest.
Yours truly
After receiving these letters we considered it best to return as there was no further prospect of doing any thing further to advantage. From what we could learn there seems to be a good feeling manifested towards prest. Joseph by the citizens of in general and it is evident we have many friends there.
We started back this day and arrived in on tuesday the 20th. all well.
<​carried to small memorandum ​> [p. 215]
On Saturday the 17th. wrote the following letter to Prest. Joseph and sent it by us.
Decr. 17th. 1842
Dear Sir:— Your petition requesting me to rescind s proclamation and recall the writ issued against you has been received and duly considered. I submitted your case and all the papers relating thereto, to the Judges of the Supreme Court; or at least to six of them who happened to be present. They were unanimous in the opinion that the requisition from was illegal and insufficient to cause your arrest, but were equally divided as to the propriety and Justice of my interference with the acts of . It being therefore a case of great doubt as to my power, and I not wishing ever in an official Station to assume the exercise of doubtful powers; and in as much as you have a sure and effectual remedy in the courts, I have decided to decline interfering. I can only advise that you submit to the laws and have a Judicial investigation of your rights. If it should become necessary for this purpose to repair to Springfield I do not believe that there will be any disposition to use illegal violence towards you; and I would feel it my duty in your case, as in the case of any other person, to protect you with any necessary amount of force from mob violence whilst asserting your rights before the courts, going to and returning.
I am most respectfully yours
.”
After receiving this letter we went to see and shewed him the above letter. He immediately set down and wrote the following.—
December 17th. 1842
Joseph Smith Esqr.
Dear Sir:—
I have heard the letter read which has written to you, and his statements are correct in relation to the opinion of the Judges of the Supreme Court. The Judges were unanimously of the opinion that you would be entitled to your discharge under a Habeas Corpus to be issued by the Supreme Court— but felt some delicacy in advising to revoke the order issued by — my advice is, that you come here without delay and you do not run the least risk of being protected while here and of being discharged by the Sup. Court by Habeas Corpus— I have also a right to bring the case before the U.S. Court now in Session here, and there you are certain of obtaining your discharge— I will stand by you and see you safely delivered from your arrest.
Yours truly
After receiving these letters we considered it best to return as there was no further prospect of doing any thing further to advantage. From what we could learn there seems to be a good feeling manifested towards prest. Joseph by the citizens of in general and it is evident we have many friends there.
We started back this day and arrived in on tuesday the 20th. all well.
carried to small memorandum [p. 215]
Page 215