The Rise and Fall of NauvooRoberts, B. H. (Brigham Henry)
History
The Rise and Fall of Nauvoo
Roberts, B. H. (Brigham Henry)
Latter Day Saints -- Illinois -- Nauvoo; Nauvoo (Ill.) -- History
This somewhat checked his insolence. I then told him that I
_would_ have counsel to consult, and eventually I obtained my
wish. The lawyers came to me and I got a writ of _habeas corpus_
for myself, and also a writ against Reynolds and Wilson for
unlawful proceedings and cruel treatment towards me. Thanks to the
good citizens of Dixon, who nobly took their stand against such
unwarrantable and unlawful oppression, my persecutors could not get
out of the town that night, although, when they first arrived, they
swore I should not remain in Dixon five minutes, and I found they
had ordered horses accordingly to proceed to Rock Island. I pledged
my honor to my counsel that the Nauvoo city charter conferred
jurisdiction to investigate the subject; so we came to Nauvoo,
where I am now a prisoner in the custody of a higher tribunal than
the circuit court.
The charter says that "the city council shall have power and
authority to make, ordain, establish and execute such ordinances
not repugnant to the Constitution of the United States, or of
this State, as they may deem necessary, for the peace, benefit,
and safety of the inhabitants of said city." And also that "the
municipal court shall have power to grant writs of _habeas corpus_
in all cases arising under the ordinances of the city council."
The city council have passed an ordinance "that no citizen of this
city shall be taken out of this city by any writ, without the
privilege of a writ of _habeas corpus_." There is nothing but what
we have power over, except where restricted by the Constitution of
the United States. "But," says the mob, "what dangerous powers!"
Yes--dangerous, because they will protect the innocent and put down
mobocrats. The Constitution of the United States declares that
the privilege of the writ of _habeas corpus_ shall not be denied.
Deny me the writ of _habeas corpus_, and I will fight with gun,
sword, cannon, whirlwind, and thunder, until they are used up like
the Kilkenny cats. We have more power than most charters confer,
because we have power to go behind the writ and try the merits of
the case.
If these powers are dangerous, then the Constitution of the United
States and of this State are dangerous; but they are not dangerous
to good men: they are only so to bad men who are breakers of the
laws. So with the laws of the country, and so with the ordinances
of Nauvoo: they are dangerous to mobs, but not to good men who wish
to keep the laws.
Public-domain text, read in full here on John Shaqi.
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