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 Missouri persecution fixed my attention and commiseration on
the people. It must be recollected, too, that the Mormon Prophet
and his people are the most ardent friends and promoters of
literature and science. These are elementary principles in their
social system, and this certainly is contrary to everything like
despotism.
I hope, therefore, and with great deference express that hope, that
ex-Governor Boggs will withdraw his demand for the Prophet, and
let those poor people rest in peace. Both he and Governor Carlin
will feel much more at peace with themselves by quashing the whole
proceedings.
Most respectfully,
Your humble servant,
JAMES ARLINGTON BENNETT.
Counselor at Law, &c.
By this I discover a spark of liberty burning in the bosom of the
writer. May it continue to burn and burn, till it once more fires the
whole land with its heavenly influence.
_Thursday, 20_.--Early this morning I arrived at home on a visit to my
family. During the day I was visited by several of the brethren, who
rejoiced to see me once more. Emma is still getting better, and is able
to attend to a little business, having this day closed contract and
received pay for a quarter section of land of Brother Job V. Barnum.
{173} _Justin Butterfield's Legal Opinion on the Efforts to Drag
Joseph Smith into Missouri_.
CHICAGO, October 20, 1842.
_Sidney Rigdon, Esq._
DEAR SIR:--In answer to your favors of the 17th instant, Mr. Warren
was correct in the information he gave you of my opinion of the
illegality of the requisition made by the governor of Missouri upon
the governor of this state for the surrender of Joseph Smith, and
that the governor of this state should cause him to be arrested
for the purpose of being surrendered. I had no doubt but the
supreme court of this state would discharge him upon habeas corpus.
Subsequent examination has confirmed me in that opinion.
I understand from your letter, and from the statement of facts
made to me by Mr. Warren, that the requisition of the governor
of Missouri is accompanied by an affidavit of ex-Governor Boggs,
stating in substance that on the 6th day of May last he was shot
while sitting in his house, with intent to kill; and, as he verily
believes, the act was committed by O. P. Rockwell; and that Joseph
Smith was accessory to the crime before its commission; and that
he has _fled_ from justice. That it can be proved that Joseph
Smith was not in the state of Missouri at the time the crime was
committed, but was in this state; that it is untrue that he was
in the state of Missouri at the time of the commission of the
said crime, or has been there at any time since. He could not,
therefore, have _fled_ from that state since the commission of said
crime.
Public-domain text, read in full here on John Shaqi.
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