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
If a citizen of the State has been kidnapped, or if property has
been stolen from this State, and carried to the State of Missouri,
those who have done either are guilty of an indictable offense. But
the constitution and the laws have provided no means whereby either
the person or property taken away can be returned, except by an
appeal to the laws of Missouri. The Governor has no legal right to
demand the return of either. The only power I would have would be
simply this: If any of the guilty persons should be charged with
larceny or kidnapping, by indictment or affidavit, duly certified,
and with having fled to Missouri, then I would have the power,
and it would become my duty to make a demand upon the Governor of
Missouri for the surrender of the fugitives, to be tried by the
courts of this State. I am fully satisfied that in ordinary cases
this is all the power I would possess. It would be simply a power
to be exercised in aid of the judicial power. Any other powers to
be exercised by the Governor would be to make him a dictator and a
despot. It is true that an extraordinary case might arise, in which
the inhabitants of one State might arise in warlike and hostile
array against those of another; in which case a state of war would
exist, and then only could I interfere.
I would advise your citizens to be strictly peaceable towards the
people of Missouri. You ought to be aware that in every country
individuals are liable to be visited with wrong, which the law
is slow to redress, and _some of which are never redressed in
this world._ This fact, however, has never been held to be a
justification for violence, not warranted by law.
If any of the people of Nauvoo should invade Missouri for the
purpose of rescuing persons there in jail, the consequence would be
that indictments would be presented against them, and demands made
upon me for their arrest and surrender; which demands I would be
compelled to obey, and thus they would be harassed by interminable
demands and prosecutions; and very likely it would lead to a
species of border warfare, which would be exceedingly annoying to
a peaceable city, and, if you could be placed in the wrong, might
lead to exceedingly unpleasant consequences with reference both to
law and public opinion.
Public-domain text, read in full here on John Shaqi.
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