Joseph Smith

"We do not pick up a single newspaper but has something to say about this distinguished sectarian. One locates him here and another there. One says he is doing this evil thing and another that. When, in fact, they know nothing about him . We are in the regular receipt of the Nauvoo papers, one of which, religious, the Times & Seasons, is edited by him; and, all through the excitement, he has been at Nauvoo diligently attending to his own business. Ours is a political paper and it shall favor no religious sect at all, but shall deal with all fairly. Now what good does all this lying and abuse about the Mormon Prophet do? A joke at his expense or any one else's can be appreciated and passed over, But, at the present time, the matter is carried too far and, so far as our foreign press' (he might also have added with propriety some of the presses of this State 'is concerned, the Mormons are a belied and persecuted sect. Joseph Smith has as good a right to set up a creed as Mahommed, Luther, Calvin, King Henry the VIII, Wesley, Campbell, or Parson Miller. His doctrines will go for what they are worth and no more. Abuse never injured a cause nor did slander ever make a man's friends the less in the end. Give Joseph Smith his due. Tell the truth about him and there stop. He asks no more, nor should any one else."

It is however stated by a honorable member (Mr. Johnson) 'that Jo. (Joseph) Smith, the Mormon prophet, has used this charter to arrest himself from the civil authorities of the State, by causing himself to be brought before the Municipal Court of Nauvoo; and upon a trial of some sort discharged; and thus vauntingly let at defiance, the civil authorities of the State. And that he has openly traduced, and vilified the Governor of Missouri, and Ex-Governor Carlin, and set at defiance our institutions there can be as little doubt.' In regard to the latter statement, we should have been pleased if the honorable member had referred us to the time, circumstances, or documents, concerning Joseph Smith's setting at defiance our institutions, and vilifying the Governor: as we have no knowledge of the thing ourselves, and should very much "doubt it." But supposing it was true; what has that to do with our charter; if he has defied the institutions of the State, or vilified the Governor; let him be dealt with according to law; let him suffer for his own crimes;-he is not the inhabitants of the city of Nauvoo; he is but one individual in it: this we are told that none individual, out of about ten thousand, has done something wrong; and forsooth the whole community must be destroyed, body and bones. Oh shame where is thy blush! If we were to judge any judiciary,

any corporation, body politic, or legislative assembly by this rule, we should not find one but that would be destroyed throughout the length, and breadth of this vast republic.

In regard to the charge of Mr. Smith's being brought before the Municipal Court, and of his being tried, and dismissed by them; the statement is incorrect. Mr. Smith was not brought before that tribunal at all. It is true that the Municipal Court issued a writ of Habeas Corpus (according to the salutary, and wise provisions made in the charter) but the sheriff was unwilling to give the prisoners up, until he had first obtained legal advice; while he was absent Mr. Smith disappeared. Because he was not forthcoming, are the citizens of Nauvoo to be blamed? did they resist the civil authorities, or retard, or hinder their search for that gentlemen? They did not. They considered the writ to be illegal; and knew that the whole was a religious persecution; but despite of all this, they did not resist the civil authorities.-Mr. William Law who is City Councillor [Councilor], and General in the Nauvoo Legion, told the sheriff in the presence of a promiscuous company that he might have free access to search anywhere that he thought proper, that he might take with him a sufficient number to facilitate the search, and the he would pledge his honor, that he would not, and should not be injured. Was he injured, we again ask? no. What then have the citizens of Nauvoo done in this particular. Echo answers what!

In regard to the policy of his taking the steps he did, is another question, and not connected with our citizens generally; but we should think, that at that time of feverish excitement when illegal claims had been made by the State of Missouri, and the Governor of this State had endorsed those claims; when rumor, with her ten thousand tongues, was busy circulating detraction, and falsehood; the press teeming with vituperative abuse and falsehood, and the public mind excited to the highest pitch; we think that perhaps he took the wisest course; and our opinion is sustained by that of many intelligent men. That those claims were illegal and the course pursued by Governor Carlin wrong, is very fully shown in an able, learned, and lucid article, written by Justin Butterfield, the U. S. Attorney for the district of Illinois, and may be found in the last number of the Wasp published Dec. 17th.

He states that Governor Reynolds of Missouri had no right to make such a requisition, upon the mere oath of Ex-Governor Boggs, and that the Governor of this State had no right to give him up; we quote the following.

Dear Sir: In answer to your favours [favors] of the 17 inst. Mr. Warren was correct in the information he gave you of my opinion of the illegality of the requisition made by the Governor of Missouri, upon the Governor of this State, for the surrender of Joseph Smith, and that the governor of this State should cause him to be arrested, for the purposs [purpose] of being surrendered I had no doubt but the Supreme Court of this State would discharge him upon Habeas Corpus,-subsequent examination has confirmed me in that opinion. I understand from your letter, and from the statement of facts made to me by Mr. Warren, that the requisition of the Governor of Missouri, is accompanied by an affidavit of Ex Governor Boggs, stating in substance, that on the 6th day of May last he was shot while sitting in his house, with intent to kill, and as he verily believes, the act was committed by O. P. Rockwell, and that Joseph Smith was accessory to the crime before its commission, and that he has fled from justice; that it can be proved that Joseph Smith was not in the State of Missouri at the time the crime was committed but was in this State; that it is untrue that he was in the State of Missouri at the time of the commission of the said crime, or has been there at any time since: he could not, therefore, have fled from that State since the commission of the said crime.' * * * *

It is not to be presumed that the Executive of this State would knowingly, lend his aid in dragging one of our citizens, who is not a fugitive from justice, into a foreign State, for trial. The Governor has, undoubtedly, been misled by the evasive affidavit which accompanied the requisition. I would advise that Mr. Smith procure respectable and sufficient affidavits to prove, beyond all question that he was in this State, and not in Missouri, at the time the crime, with which he is charged, was committed; and, upon these affidavits, apply to the Governor to countermand the warrant he has issued for his arrest. If he should refuse so to do, I am clearly of the opinion that upon the above state of facts, the Supreme Court will discharge him upon Habeas Corpus."

Respectfully your obedient servant, JUSTIN BUTTERFIELD.

At that time when the Executive of two States, had either knowingly, and wantonly, or ignorantly, (we leave this for the public to judge) abused the power vested in their hands; and contrary to law, contrary to justice, and contrary to constitutional rights, were using the influence that their position gave them, to injure a free born American citizen; at a time

when public excitement was wound to the highest pitch; and mobs were threatening on every hand: if the Executive of those States had manifested such egregious ignorance in regard to that affair, he knew not but that their precedent, and influence, and the influence of religious prejudice might bias the minds of others, who might act in his case; but independent of this, ten chances to one but that he had been kidnapped by Missouri; and whether he had been given up by the judiciary of this State, or been kidnapped (both would have been illegal) it would have made no difference; he would have been in the hands of a people who could not administer justice to him; who have heretofore acted as a legalized mob; and who would no doubt have murdered him. Under these circumstances we think that he took the wisest course.

But independent of what is before mentioned, relative to our charters; we very much doubt the legality, constitutionality, and sound policy of taking them away. We have always been in the habit of looking upon charters as instruments of a most sacred, and binding nature, in which the maintenance, and adherence to, or departure from, the honor and dignity of a state, or nation was concerned; and that when once granted constitutionally, and without a repealing clause, or a reference to the time of their expiration, they could not be repealed, or altered, without tarnishing the escutcheon of the states, or nation; without the consent of both parties viz. the petitioners and the state, or nation.

We are led to these conclusions, both from the nature of the compact, and from the precedent and usages of legislative bodies; if we trace the formation of governments to the first organization of society, we shall realize the importance of one grand truth, which is found in the Declaration of Independence, and ought to be written in letters of gold; "that all mankind are born free and equal." In this situation nature placed mankind, and every man ruled his own house, made and administered his own laws, defended his own rights, and protected his own property; when governments were formed, conventions were held and each man gave up his own individual right to govern, for the general good of the whole community;-Such a community was formed in America at the time of the Declaration of Independence. Having resisted the tyranny, and thrown off the yoke of the mother country; being no longer subject to their laws; they became individually responsible for their own acts; these individuals selected persons form among themselves, in their several districts to represent their interest; and thus the law-making department, or government, was empowered by the people to legislate for them, and the people promised to be governed by their enactments; subject however to the constitution, which had been sanctioned be [by] the people; and which was their magna charta, their protection, and safegaurd [safeguard] Without entering into the particulars of the formation and organization of the United States, the history of which is familiar to all, we would remark that by this constitution the representatives were bound:-beyond it they could go;-and any acts that they might pass contrary to this would be illegal, and the people were not bound to receive them. This Constitution thus formed and sanctioned, making general provisions for the universal good of the whole community, among other things provided for the reception of new States into the Union, from its territories; or in other words, ceded up the right to govern, which had been vested in their hands, and allowed them to make their own laws, become free and independent, and govern themselves: subject however to certain restrictions as expressed in the Constitution of the United States, for the general good. Thus the people of that State became as free and independent, in regard to their local affairs, as though the United States had not been formed; they are however bound by certain principles (which are acknowledged by all the States) of a general nature, to the confederation, for the mutual good of all the States of the Union.

Just such a State is Illinois; she petitioned for the right to govern herself, which petition was granted, and she became an independent State. It has been customary for those independent States, thus formed, as populous, and the task become onorous [onerous] the Legislature to manage all their local affairs, to grant charters to different cities, and thus give up to those specific places, (what was ceded to them by the General Government.) The right to govern themselves in all local affairs; subject however to the restrictions of their charter, which is to them what the constitution is to the State.

Now the United States never thought of taking from any of the seperate [separate] States their Constitution, they were bound by every sense of justice, honor and integrity, to maintain the independence of the several States inviolate, and having ceded up the power to govern, could not take it back. The same principle will apply unto chartered rights, granted unto cities, and we have yet to learn that any of the United States,

or the mother country, having granted a city charter ever took it back. It will, we presume be left for the State of Illinois to launch forth into this new field of legislation. and accomplish this feat ; which would be as disreputable as it is strange; which would stamp an eternal stain upon her escutcheon, and be an anomoly [anomaly] the history of all free nations, and we presume in the world.

When the 'Magna Charta' was signed by King John of England, although much against his will, was that instrument ever recinded [rescinded], either by him or any succeeding monarch? It was not:-the subject never entered their councils.

There have many charters and grants been made by that country, to cities, boroughs, certain districts of country, and to individuals, many of which are foolish and obnoxious, but their rights have been held sacred and inviolate.

In New York the 'Manhattan company' petitioned the Legislature for a charter, granting them the privilege of watering the city, and in that charter there was an ambiguous clause pertaining to their surplus funds, which was unobserved by the legislators; but which, however, gave them a perpetual charter for a bank: their petition was heard; they commenced their banking operations, to the surprise of the legislators, who soon saw how they had been duped;-the subject of repeal was brought up before the house; but it could not be carried. The people were enraged, and the Legislature were called on a special session to investigate the subject of repeal; but they found that they could not honorably accomplish it, and all that they could do was to pass an act that no charter of a similar kind should again be granted.

Here then was a charter obtained through duplicity and guile, which the Legislative Assembly of New York found themselves bound to maintain inviolate; whilst our charter was obtained openly, honorably, and above board, and because there is a bare supposition without proof, that one individual has done something wrong, our charter must be taken away, the whole of the citizens injured; and our city laws and polity destroyed.

We might refer to the bad policy of such a step and its injury to the Government; the loss that would be sustained by companies, and individuals; the want of confidence that such a step would produce &c; but as our sheet is not large, we shall desist; and shall content ourselves, for the present, by saying that as such a step would be unprecedented in the annals of Legislative bodies; that as it would be contrary to sound policy: that as it would be dishonorable and unconstitutional; and would be a great injury to private individuals, that as the State is at the present time, through absolute necessity, on the verge of repudiation; that they will not recklessly commit themselves by depriving a number of their fellow citizens of their chartered rights, and bring dishonor on the State, that might be avoided. We believe they will not.