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
The Charter of the city of Nauvoo is not before me at this time;
but I have examined both the Charters and city ordinances upon
the subject and must express my surprise at the extraordinary
assumption of power by the board of aldermen as contained in said
ordinance! From my recollection of the Charter it authorizes the
Municipal Court to issue writs of habeas corpus in all cases
of imprisonment or custody arising from the authority of the
ordinances of said city, but that the power was granted, or
intended to be granted, to release persons held in custody under
the authority of writs issued by the courts or the executive of the
state, is most absurd and ridiculous; and to attempt to exercise it
is a gross usurpation of power that cannot be tolerated.
I have always expected and desired that Mr. Smith should avail
himself of the benefits of the laws of this state, and, of course,
that he would be entitled to a writ of habeas corpus issued by the
Circuit Court, and entitled to a hearing before said court; but to
claim the right of a hearing before the Municipal Court of the city
of Nauvoo is a burlesque upon the city Charter itself.
As to Mr. Smith's guilt or innocence of the crime charged upon
him, it is not my province to investigate or determine; nor has
any court on earth jurisdiction of his case, but the courts of the
state of Missouri; and as stated in my former letter, both the
Constitution and laws presume that each and every state in this
Union are competent to do justice to all who may be charged with
crime committed in said state.
Public-domain text, read in full here on John Shaqi.
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