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
That further authorized and required the above named officers to {XXX}
"hail and take all persons found strolling about the city at night
after nine o'clock and before sunrise, and to confine them in ward for
trial under the ordinances concerning vagrants and disorderly persons,
unless they could give a good account of themselves for being out
after nine o'clock;"
That further authorized and required the aforesaid officers to
enter all hotels or houses of public entertainment, and such other
habitations as they may judge proper, and require the inmates to
give immediate information of all persons residing in said hotel or
habitation, and their business, occupation or movements, under penalty
of forfeiture of license, if a public house, and they and the transient
persons subject to the penalties visited upon vagrants for failure
to give the information required, or giving false information; while
the officer who should "refuse or neglect to perform the above duties
should be fined $100, and be broke of his office;"
That forbade the search and seizure of person or property by foreign
process [_i. e._ other process than that issuing from the city's
authority] within the city of Nauvoo, leading to the widespread belief
that the design of said ordinance was "to hinder the execution of the
statutes of Illinois" within said city; [13]
That asked the general government to ratify the Nauvoo Charter, and
in addition constitute the city a territorial government, by granting
"all rights, powers, privileges and immunities belonging to territories
and not repugnant to the constitution of the United States," with
power granted to the mayor to call to his aid a sufficient number
of the United States troops, in connection with the Nauvoo Legion,
to repel the invasion of mobs, keep the public peace, protect the
innocent from lawless banditti; the United States officers to obey the
requisition of this ordinance; and the Nauvoo Legion, when in service
quelling mobs and preserving the public peace, to be under the same
regulations, rules and laws of pay as the troops of the United States;
the territorial privileges to continue until the "state of Missouri
restores to those exiled citizens [the Latter-day Saints] the lands,
rights, privileges, property, and damages for all losses" they had
sustained by being banished from that commonwealth; [14]
And, finally, that asserted the right of the municipal court to arrest
{XXXI} process issued by the state's circuit courts, and even by the
United States courts, by _habeas corpus_ proceedings; and insisted,
not only upon the right to pass judgment upon the sufficiency of writs
under which arrests were made, but upon the right also to go behind the
writs and try the cases upon their merits.
_X. Subserviency of Politicians and Lawyers._
Public-domain text, read in full here on John Shaqi.
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