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
In the course of his plea, Mr. Butterfield showed that Governor
Reynolds had subscribed to a lie in his demand for me, as will appear
in the papers, [published in this chapter]; and said that Governor
Carlin would not have given up his dog on such a requisition. That
an attempt should be made to deliver up a man who has never been out
of the state, strikes at all the liberty of our institutions. His
fate today may be yours tomorrow. I do not think the defendant ought,
under any circumstances, to be given up to Missouri. It is a matter of
history that he and his people have been murdered or driven from the
state. If he goes there, it is only to be murdered, and he had better
be sent to the gallows. He is an innocent and unoffending man. If there
is a difference between him and other men, it is that this people
believe in prophecy, and others do not; the old prophets prophesied in
poetry and the modern in prose.
Esquire Butterfield managed the case very judiciously. The court-room
was crowded during the whole trial; the utmost decorum and good feeling
prevailed, and much prejudice was allayed. Esquire Lamborn was not
severe, {223} apparently saying little more than his relation to the
case demanded.
[Sidenote: The Treatment of the Prophet at Springfield.]
Court adjourned till tomorrow nine a. m., for the making up of opinion.
After an introduction to several persons, I retired to Judge Adams',
and after dinner spent some time in conversation with Brother Hyrum and
Theodore Turley. At half-past five o'clock I rode in Mr. Prentice's
carriage to his house, accompanied by General Law and Elder Orson Hyde,
where I had a very interesting visit with Mr. Prentice and family,
Judge Douglas, Esquires Butterfield, Lamborn and Edwards, Judge Pope's
son, and many others; partook of a splendid supper; there were many
interesting anecdotes, and everything to render the repast and visit
agreeable; and returned to Judge Adams' about eleven o'clock.
_Thursday, 5_.--At nine a. m., repaired to the courtroom, which was
crowded with spectators anxious to "behold the Prophet," and hear
the decision of Judge Pope, who soon took his seat, accompanied by
half-a-dozen ladies, and gave the following:
_Opinion of Judge Pope_.
The importance of this case, and the consequences which may flow
from an erroneous precedent, affecting the lives and liberties of
our citizens, have impelled the court to bestow upon it the most
anxious consideration. The able arguments of the counsel for the
respective parties have been of great assistance in the examination
of the important question arising in this cause.
When the patriots and wise men who framed our Constitution were in
anxious deliberation to form a perfect union among the states of
the confederacy, two great sources of discord presented themselves
to their consideration--the commerce between the states and
fugitives from justice and labor.
Public-domain text, read in full here on John Shaqi.
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