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 SIR:--Your petition requesting me to rescind Governor
Carlin'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 Missouri 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 Governor Carlin. It being, therefore, a case of great doubt
as to my power, and I not wishing, even in an official station, to
assume the exercise of doubtful powers, and inasmuch as you have
a sure and effectual remedy in the {206} 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,
THOMAS FORD.
_Letter of Justin Butterfield--Opinion on Governor Ford's Action_.
SPRINGFIELD, December 17, 1842.
_Joseph Smith, Esq._
DEAR SIR:--I have heard the letter read which Governor Ford 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 Governor Ford to revoke the
order issued by Governor Carlin. My advice is, that you come here
without delay, and you do not run the least risk of not being
protected while here, and of being discharged by the Supreme Court
by habeas corpus. I have also the 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,
J. BUTTERFIELD.
_Letter from James Adams, Advising the Prophet to Appear for Trial_.
CITY OF SPRINGFIELD, December 17, 1842.
_General J. Smith_.
MY SON:--It is useless for me to detail facts that the bearer can
tell. But I will say that it appears to my judgment that you had
best make no delay in coming before the court at this place for a
discharge under a habeas corpus.
I am, &c.,
J. ADAMS.
Public-domain text, read in full here on John Shaqi.
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