History of the Church of Jesus Christ of Latter-day Saints, Volume 3Smith, Joseph, Jr.
History
History of the Church of Jesus Christ of Latter-day Saints, Volume 3
Smith, Joseph, Jr.
Church of Jesus Christ of Latter-day Saints; Smith, Joseph, Jr., 1805-1844
It was found by the joint committee, at an early period after
their organization, that, in order to a full and satisfactory
investigation of the subjects referred to them, a mass of
additional testimony, oral and written, would be required. This
becomes apparent to the committee, from the contents of the
documents referred to them. These documents, although they are
serviceable in giving direction to the courts of inquiry, are none
of them, except the official orders and correspondence, such as
ought to be received as conclusive evidence of the facts stated;
nor are their contents such as would, without the aid of further
evidence, enable the committee to form a satisfactory opinion in
relation to the material points of the inquiry.
The copy of the examination taken before the criminal court of
inquiry, is manifestly not such evidence as ought to be received by
the committee.
First--Because it is not authenticated; and
Second--it is confined chiefly to the object of that inquiry;
namely: the investigation of criminal charges against individuals
under arrest; for these reasons, but above all, for the reason
that it would be a direct interference with the administration of
justice, this document ought not to be published, with the sanction
of the legislature.
The committee conclude, that it would not be proper to publish the
official orders and correspondence between the officers in command,
and the executive, without the evidence on which they were founded;
and that evidence is not sufficiently full and satisfactory to
authorize its publication. To publish the whole together might
tend to give a direction to the public mind, prejudicial to an
impartial administration of justice in pending cases, while it will
not afford the means of forming any satisfactory conclusion as to
the cause of the late disturbances, or the conduct of the military
operations in suppressing them.
{238} The committee therefore recommend to each house to adopt the
following resolutions.
Resolved, That it is inexpedient at this time, to prosecute further
the inquiry into the causes of the late disturbances and the
conduct of the military operations in suppressing them.
Resolved, That it is inexpedient to publish at this time, any of
the documents accompanying the governor's message in relation to
the late disturbances.
Resolved, That it is expedient to appoint a joint committee,
composed of ---- senators, and ---- representatives, to investigate
the cause of said disturbances, and the conduct of the military
operations in suppressing them, to meet at such time, and to be
invested with such powers as may be prescribed by law. [2]
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