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
_Special Session of City Council; Complaints of Carthage Citizens
Considered_.
January 10, 1844, 7 p.m.
Names of members called.
The mayor said:--"Messrs. Backman, Hamilton, and Sherman, lawyers
from Carthage, have called on me and told me that the occasion of
the excitement at Carthage and the resistance to the law, in the
case of the arrest of Cook, was the late ordinance of this council
to prevent unlawful search or seizure of person or property by
foreign {174} process in the city of Nauvoo; that they considered
said ordinance was designed to hinder the execution of the statutes
of Illinois within this city; consequently, they, the old citizens,
felt disposed to stop the execution of processes issuing from the
city precincts. They also raised objections against the process by
Justice Foster for the apprehension of Cook, because it was made
returnable to him alone, whereas they said the statute required it
to be made returnable before himself or some other justice.
I explained to them the nature and reason of the ordinance--that
was to prevent kidnapping under the pretense of law or process,
and to facilitate the apprehension of thieves, &c., in this city,
by throwing all foreign processes into the hands of the marshal,
who would be most likely to know the hiding-places of fugitives
from justice, who might secrete themselves in our city; and said
that if any wrong impression had gone abroad with regard to the
motives of the council in passing said ordinance, I would call the
council immediately, that they might have the opportunity of giving
any explanation necessary, so that the public might understand the
ordinance in its true light. I have therefore called the council
accordingly. I also referred the lawyers from Carthage to the
statute which requires all processes issued in cases of bastardy
to be returnable alone to the justice issuing the same, which
they doubted until showed them the law, when they looked a little
crest-fallen and foolish."
After deliberation, an additional section relative to the foregoing
ordinance was read three times, and passed, by way of amendment:--
"Section 3. Be it ordained by the city council of the city of
Nauvoo, that nothing in the foregoing ordinance shall be so
construed as to prevent, hinder, or thwart the designs of justice,
or to retard the civil officers of the state or county in the
discharge of their official duties, but to aid and assist them
within the limits of this city.
"Passed January 10, 1844.
"JOSEPH SMITH, Mayor.
"WILLARD RICHARDS, Recorder."
Council adjourned.
Wrote a letter to Esquire Backman to inform him what the City Council
had done.
[Sidenote: Complaints of F.M. Higbee against the Prophet.]
Public-domain text, read in full here on John Shaqi.
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