History of the Church of Jesus Christ of Latter-day Saints, Volume 6Smith, Joseph, Jr.
History
History of the Church of Jesus Christ of Latter-day Saints, Volume 6
Smith, Joseph, Jr.
Church of Jesus Christ of Latter-day Saints; Smith, Joseph, Jr., 1805-1844
Whereas, Joseph Smith has been three times arrested and three
times acquitted upon writs founded upon supposed crimes or charges
preferred by the State of Missouri, which acquittals were made
from investigations upon writs of _habeas corpus_--namely one in
the United States Court for the district of Illinois, one in the
Circuit Court of the State of Illinois, and one in the Municipal
Court of Nauvoo:
And whereas, a _nolle prosequi_ has once been entered in the courts
of Missouri upon all the cases of Missouri against Joseph Smith and
others:
And whereas, there appears to be a determined resolution by the
State of Missouri to continue these unjust, illegal, and murderous
demands for the body of General Joseph Smith:
And whereas, it has become intolerable to be thus continually
harassed and robbed of our money to defray the expenses of these
prosecutions:
And whereas, according to the Constitution of Illinois, "all men
are born equally free and independent, and have certain inherent
and indefeasible rights, among which are those of enjoying and
defending life and liberty, and of acquiring, possessing, and
protecting property and reputation, and pursuing their own
happiness:"
And whereas, it is our bounden duty, by all common means, if
possible, to put a stop to such vexatious lawsuits and save
expense: Therefore--
Section 1. Be it ordained by the City Council of the City of
Nauvoo, according to the intent and meaning of the Charter for the
"benefit and convenience" of Nauvoo, that hereafter, if any person
or persons shall come with process, demand, or requisition, founded
upon the aforesaid Missouri difficulties, to arrest said Joseph
Smith, he or they so offending shall be subject to be arrested by
any officer of the city, with or without process, and tried by the
Municipal Court, upon testimony, and, if found guilty, sentenced to
imprisonment in the city prison for life; which convict or convicts
can only be pardoned by the Governor, with the consent of the Mayor
of said city.
Section 2. And be it further ordained that the preceding section
shall apply to the case of every and all persons that may be
arrested, demanded, or required upon any charge founded in the
aforesaid Missouri difficulties.
Section 3. And be it further ordained that the jury that makes the
presentment, in any case above specified, shall not, nor either of
them, {106} act as jurors on the final trial; but the trial shall
be conducted according to the fifth and sixth articles of the
amendment to the Constitution of the United States.
Passed December 8, 1843.
JOSEPH SMITH, Mayor.
WILLARD RICHARDS, Recorder. [3]
The City Council also passed "An ordinance to erect a dam in the
Mississippi river, and for other purposes."
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account