History of the Church of Jesus Christ of Latter-day Saints, Volume 5Smith, Joseph, Jr.
History
History of the Church of Jesus Christ of Latter-day Saints, Volume 5
Smith, Joseph, Jr.
Church of Jesus Christ of Latter-day Saints; Smith, Joseph, Jr., 1805-1844
DEAR MADAM.--Your letter of this date has just been handed to me,
which recalls to my mind your great solicitude in reference to the
security and welfare of your husband; but I need not say it recalls
to my mind the subject matter of your solicitude, because that
subject, except at short intervals, has not been absent from my
mind. I can scarcely furnish you a justifiable apology for delaying
a reply so long; but, be assured, madam, it is not for want of
regard for you and your peace of mind that I have postponed, but a
crowd of public business which has required my whole time, together
with very ill health, since the receipt of your former letter;
and it would be most gratifying to my feelings now if due regard
to public duty would enable me to furnish such a reply as would
fully conform to your wishes; but my duty in reference to all
demands made by executives of other states for the surrender of
fugitives from justice, appears to be plain and simple, consisting
entirely of an executive, and not a judicial character, leaving
me no discretion or adjudication as to the innocence or guilt of
persons so demanded and charged with crime; and it is plain that
the Constitution and laws of the United States, in reference to
fugitives from justice, presumes and contemplates that the laws
of the several states are ample to do justice to all who may be
charged with crime; and the statute of this state simply requires,
"That whenever the executive of any other state, or of any
territory of the United States, shall demand of the executive of
this state any person as a fugitive from justice, and shall have
complied with the requisitions of the Act of Congress in that case
{131} made and provided, it shall be the duty of the executive of
this state to issue his warrant under the seal of the state to
apprehend the said fugitive," &c.
With the constitution and laws before me, my duty is so plainly
marked out that it would be impossible to err, so long as I abstain
from usurping the right of adjudication. I am aware that a strict
enforcement of the laws by an executive, or a rigid administration
of them by a judicial tribunal, often results in hardships to those
involved; and to you it doubtless appears peculiarly so, in the
present case of Mr. Smith.
Public-domain text, read in full here on John Shaqi.
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