--- title: Times and Seasons description: Issues of 1844 to 1845. authors: - Church of Jesus Christ of Latter Day Saints editors: - Ebenezer Robinson - Don Carlos Smith - Smith, Joseph, Jr. - Taylor, John collections: - periodicals tags: - newspaper - times-and-seasons - nauvoo - nineteenth-century periodical: Times and Seasons volume: 5 number: 12 published: 1844-07-01 publisher: E. Robinson and D. C. Smith; later John Taylor publisher_place: Commerce and Nauvoo, Illinois language: en type: article reference: "“Letters of Mrs. Emma Smith to Governor Thomas Carlin, and His Answers,” *Times and Seasons* 5, no. 12 (July 1, 1844): 568–573." printed_title: LETTERS OF MRS. EMMA SMITH TO GOVERNOR THOMAS CARLIN, AND HIS ANSWERS. source: url: https://archive.org/details/per_utah-and-the-mormons_times-and-seasons_1844-07-01_5_12 transcription: Text from the Centerplace.org transcription (https://www.centerplace.org/history/ts/v5n12.htm), with its page breaks; this Internet Archive scan is the reference copy (its OCR was used only as a witness for OCR repair) identifier: per_utah-and-the-mormons_times-and-seasons_1844-07-01_5_12 start_page: 568 end_page: 573 curator_note: A Mormon newspaper published by the church in Nauvoo; included for historical study. Inclusion does not imply endorsement. rights: status: public-domain basis: US publication 1844 (Nauvoo, Illinois); published before 1931, so public domain in the United States source: https://archive.org/details/per_utah-and-the-mormons_times-and-seasons_1844-07-01_5_12 publication_year: 1844 --- # Letters of Mrs. Emma Smith to Governor Thomas Carlin, and His Answers Nauvoo, August 16, 1842. To His Excellency, Thomas Carlin: Sir:-It is with feelings of no ordinary cast, that I have retired after the business of the day and evening too, to address your honor. I am at a loss how to commence; my mind is crowded with subjects too numerous to be contained in one letter. I find myself almost destitute of that confidence necessary to address a person holding the authority of your dignified and respectable office; and I would now offer, as an excuse for intruding upon your time and attention, the justice of my cause. Was my cause the interest of an individual, or a number of individuals, then perhaps I might be justified in remaining silent. But it is not! Nor is it the pecuniary interest of a whole community alone, that prompts me again to appeal to your excellency. But, dear sir, it is for the peace and safety of hundreds, I may safely say, of this community, who are not guilty of any offence [offense] against the laws of the country; and also the life of my husband; who had not committed any crime whatever; neither has he transgressed any of the laws, or any part of the constitution of the United States; neither has he at any time, infringed upon the rights of any man, or of any class of men, or community of any description. Need I say he is not guilty of the crime alleged against him by Governor Boggs? Indeed it does seem superfluous for me, or any of his friends in this place, to testify to his innocence of that crime, when so many of the citizens of your place, and of many other places in this state, as well as in the territory; do know positively that the statement of Governor Boggs is without the least shadow of truth; and we do know, and so do many others, that the prosecution against him, has been conducted in an illegal manner; and every act demonstrates the fact, that all the design of the prosecution, is to throw him in the power of his enemies without the least ray of hope that he would ever be allowed to obtain a fair trial, and that he would be inhumanly [inhumanely] and ferociously murdered. No person having a knowledge of the existing circumstances, has one remaining doubt; and your honor will recollect that you said to me, that you would not advise Mr. Smith, ever to trust himself in Missouri. And, dear sir, you cannot for one moment indulge one unfriendly feeling toward him, if he abides by your council. Then sir, why is it that he should be thus cruelly pursued?-Why not give him the privilege of the laws of this state. When I reflect upon the many cruel and illegal operations Lilburn W. Boggs, and the consequent sufferings of myself and family, and the incalculable losses and sufferings of many hundreds who survived, and the many precious lives that were lost, all the effect of unjust prejudice and misguided ambition, produced by misrepresentation and calumny; my bosom heaves with unutterable anguish. And who that is as well acquainted with the facts as the people of the city of Quincy would censure me, if I should say that my heart burned with just indignation towards our calumniators, as well as the perpetrators of those horrid crimes? But how happy would I now be to pour out my full heart in gratitude to Governor Boggs, if he had rose up with the dignity and authority of the chief executive of the state and put down every illegal transaction and protected the peaceable citizens and enterprizing [enterprising] emigrants from the violence of plundering out-laws, who have ever been a disgrace to the state, and always will, so long as they go unpunished. Yes, I say, how happy would I be to render him not only the gratitude of my own heart, but the cheering effusions of the joyous souls of the fathers and mothers, of brothers and sisters, widows and orphans, whom he might have saved by such a course, from now drooping under the withering hand of adversity, brought upon them by the persecutions of wicked and corrupt men.-And now may I entreat your excellency to lighten the hand of oppression and persecution, which is laid upon me and my family, which materially affect the peace and welfare of this whole community; for, let me assure you that there are many whole families that are entirely dependent upon the prosecution and success of Mr. Smith's temporal business for their support. And if he is prevented from attending to the common avocations of life, who will employ those innocent and industrious poor people, and provide for their wants. But, my dear sir, when I recollect the interesting interview, I and my friends had with you when at your place, and the warm assurances you gave us of your friendship and legal protection from every encroachment upon our legal rights, as loyal citizens, as we always have been, still are, and are determined always to be a law-abiding people; and I still assure myself that when you are fully acquainted with illegal proceedings practiced against us in the suit of Governor Boggs, you will recall those writs which have been issued against Mr. Smith and Rockwell, as you must be aware that Mr. Smith was not in Missouri, and of course he could not have left there: with many other considerations which if duly considered will justify Mr. Smith in the course he has taken. And now I appeal to your excellency as I would unto a father, who is not only able but willing to shield me and mine from every unjust prosecution. I appeal to your sympathies and beg you to spare me and my helpless children; I beg you to spare my innocent children the heart rending sorrow of again seeing their father unjustly dragged to prison or to death; I appeal to your affections as a son, and beg you to spare our aged mother, the only surviving parent we have left, the unsupportable [insupportable] affliction of seeing her son, who she knows to be innocent of the crimes laid to his charge, thrown again into the hands of his enemies, who have so long sought for his life; in whose life and prosperity she only looks for the few remaining comforts she can enjoy. I entreat of your excellency to spare us these afflictions, and many sufferings which cannot be uttered; and secure to yourself the pleasure of doing good, and vastly increasing human happiness; secure to yourself the benediction of the aged, and the gratitude of the young, and the blessing and veneration of the rising generation. Respectfully, your most obedient, EMMA SMITH. P. S. Sir, I hope you will favor me with an answer. E. S. Quincy, August, 24, 1842. Dear Madam:-Your letter of this date has just been handed to me, which recalls to my mind your great solicitude in reference to the security and welfare of your husband; but I need not say, it recalls to my mind the subject matter of your solicitude, because that subject, except at short intervals, has not, been absent from my mind. I can scarcely furnish you a justifiable apology for delaying a reply so long, but be assured Madam, it is not for want of regard for you, and your peace of mind, that I have postponed; but a crowd of public business, which has required my whole time, together with very ill health since the receipt of your former letter, and it would be most gratifying to my feelings now, if due regard to public duty would enable me to furnish such a reply as would fully conform to your wishes-but my duty in reference to all demands made by executives of other states, for the surrender of fugitives from justice, appears to be plain and simple; consisting entirely of an executive, and not a judicial character, leaving me no discretion, or adjudication, as to the innocence or guilt of persons so demanded and charged with crime, and it is plain that the constitution and laws of the United States in reference to fugitives from justice, presumes and contemplates, that the laws of the several states, are ample to do justice to all who may be charged with crime, and the statute of this state simply requires, "That whenever the executive of any other state, or of any territory of the United States, shall demand of the executive of this state, any person as a fugitive from justice, and shall have complied with the requisitions of the act of Congress in that case made and provided, it shall be the duty of the executive of this state to issue his warrant under the seal of this state, to apprehend the said fugitive" &c. With the Constitution and laws before me, my duty is so plainly marked out, that it would be impossible to err, so long as I abstain from usurping the rights of adjudication. I am aware of the strict enforcement of the laws by an executive, or a rigid administration of them by a judicial tribunal, often results in the hardship to those involved, and to you it doubtless appears to be peculiarly so, in the present case of Mr. Smith. if however, as you allege, he is innocent of any crime, and the proceedings are illegal, it would be the more easy for him to procure an acquital [acquittal]. In reference to the remark you attributed to me that "I would not advise Mr. Smith ever to trust himself in Missouri," I can only say as I have heretofore said on many occasions, that I have never entertained a doubt that if Mr. Smith should submit to the laws of Missouri, that the utmost latitude would be allowed him in his defence [defense], and the fullest justice done him, and I only intended to refer (in the remark made to you when at my house,) to the rabble, and not to the laws of Missouri. Very much has been attributed to me in reference to General Smith, that is without foundation in truth, a knowledge of which act enables me to receive what I hear as coming from him, with great allowance. In conclusion, dear madam, I feel conscious when I assure you that all my official acts in reference to Mr. Smith, have been prompted by a strict sense of duty, and in discharge of that duty have studiously pursued that course, least likely to produce excitement and alarm, both in your community and in the surrounding public, and I will here add that I much regret being called upon to act at all, and that I hope he will submit to the laws, and that justice will ultimately be done. Be pleased to present my best respects to Mrs. Smith and Miss Snow, your companions while at Quincy, and accept of my highest regard for yourself, and best wishes for your prosperity and happiness. Your obedient servant, THOMAS CARLIN. Mrs. Emma Smith. To the foregoing letter, Mrs. Smith sent the following by way of answer. Nauvoo, August 27, 1842. To His Excellency, Thomas Carlin:- Dear Sir-I received your letter of the 24th in due time, and now tender you the sincere gratitude of my heart, for the interest which you have felt in my peace and prosperity; and I assure you, that every act of kindness, and every word of consolation have been thankfully received and duly appreciated by me and by my friends also; and I much regret your ill health, and still hope you will avail yourself of sufficient time to investigate our cause, and thoroughly acquaint yourself of the illegality of the prosecution instituted against Mr. Smith; and I now certify that Mr. Smith, myself, nor any other person, to my knowledge, has ever, nor do we at this time wish your honor to swerve from your duty, as an executive, in the least. But we do believe that it is your duty to allow us in this place, the privilege and advantage guaranteed to us by the laws of this state and the United States; this is all we ask, and if we ever enjoy these rights unmolested, it will be the ultimate end of all our ambition; and the result will be peace and prosperity to us and all the surrounding country, as far as we are concerned. Nor do we wish to take any undue advantage of any intricate technicalities of law; but honorably and honestly fulfil [fulfill] all of the laws of this state, and of the United States, and then, in turn, to have the benefits resulting from an honorable execution of those laws.-And now your excellency will not consider me assuming any unbecoming dictation, but recollect that the many persecutions that has been got up unjustly, and persued [pursued] illegally, obliged me to know something for myself;-therefore, let me refer you to the eleventh section of our City Charter; "All power is granted to the City Council, to make, ordain, establish and execute all ordinances not repugnant to the Constitution of the state, or of the United States, or, as they may deem necessary for the peace and safety of said city." Accordingly, there is an ordinance passed by the City Council to prevent our people from being carried off by an illegal process; and if any one thinks he is illegally seized, under this ordinance he claims the right of habeas corpus, under section seventeenth of the charter, to try the question of identity, which is strictly constitutional. These powers are positively granted in the charter over your own signature;-and now, dear sir, where can be the justice in depriving us of these rights which are lawfully ours, as well as they are the lawful rights of the inhabitants of Qnincy [Quincy] and Springfield and many other places where the citizens enjoy the advantages of such ordinances, without controversy. With these considerations, and many more which might be adduced, give us the privilege and we will show your Honor, and the world besides, if required, that the Mr. Smith referred to in the demand from Missouri, is not the Joseph Smith of Nauvoo, for he was not in Missouri; neither is he described on the writ, according as the law requires; and that he is not a fugitive from justice. Why then be so strenuous to have my husband taken, when you know him to be innocent of an attempt on the life of Governor Boggs, and that he is not a fugitive from justice? It is not the fear of a just decision against him, that deters Mr. Smith from going into Missouri, but it is an actual knowledge that it was never intended that he should have a fair trial. And now, sir, if you were not aware of the fact, I will acquaint you with it now, that there were lying in wait, between this place and Warsaw, twelve men from Jackson county, Missouri, for the purpose of taking Mr. Smith out of the hands of the officers who might have him in custody; also those two men from Missouri, that were here with Messrs. King and Pitman, divulged the most illegal and infernal calculations concerning taking Mr. Smith into Missouri, the evidence of which, we can furnish you at any time, if required. And, dear sir, our good feelings revolt at the suggestion, that your excellency is acquainted with the unlawful measures taken by those engaged in the prosecution; measures, which if justice was done to others, as it would be done to us, were we to commit as great errors in our proceedings, would subject all in the prosecution to the penalty of the law, and that without mercy. I admit sir, that it is next to an impossibility, for any one to know the extent of the tyranny, treachery, and knavery of a great portion of the leading characters of the state of Missouri; yet it only requires a knowledge of the Constitution of the United States, and the statute of the state of Missouri, and a knowledge of the outrages committed by some of the inhabitants of that state upon the people called Mormons, and that passed unpunished by the administrators of the law; to know that there is not the least confidence to be placed in any of those men that were engaged in those disgraceful transactions. If the law was made for the lawless and disobedient, and punishment instituted for the guilty, why not execute the law upon those that have transgressed it and punish those who have committed crime, and grant incouragement [encouragement] to the innocent, and liberality to the industrious and peaceable. And now I intreat [entreat] your honor to bear with me patiently, while I ask, what good can accrue to this state or the United States, or any part of this state, or the United States, or to yourself, or any other individual, to continue this prosecution upon this people, or upon Mr. Smith; a prosecution that you are well aware, is entirely without any foundation [foundation] or excuse. With sentiments of due respect, I am your most obedient servant, EMMA SMITH. To His Excellency, Thomas Carlin, Governor of the State of Illinois. P. S. Sir-You will please tender my best respects and considerations to your wife and family, and tell them I greatly desire to see them, with yourself, in our place as soon as can be convenient. E. S. Quincy, September 7th, 1842. Dear Madam:-Your letter of the 27th ult. was delivered to me on Monday the 5th inst.; and I have not had time to answer it until this evening, and I now appropriate a few moments to the difficult task of replying satisfactorily to its contents, every word which evinces your devotedness to the interest of your husband and pouring forth the effusions of a heart wholly his. I am thus admonished that I can say nothing that does not subserve his interest that can possibly be satisfactory to you; and before I proceed I will here repeat, my great regret that I have been officially called upon to act in reference to Mr. Smith, in any manner whatever. I doubt not, your candor, when you say, you do not desire me, "to swerve from my duty as executive in the least," and all you ask is to be allowed the privileges, and advantages guaranteed to you by the constitution and laws. You then refer me to the section of the charter of the city of Nauvoo, and claim for Mr. Smith, the right to be heard by the municipal court of said city, under a writ of Habeas Corpus emmanating [emanating] from said court; when he was held in custody under an executive warrant. The charter of the city of Nauvoo, is not before me at this time, but I have examined both the charters, and city ordinances upon the subject, and must express my surprise at the extraordinary assumption of power by the board of Aldermen as contained in said ordinance; from my recollection of the charter it authorises [authorizes] the Municipal Court to issue writs of Habeas Corpus in all cases of imprisonment, or custody, arising from the authority of the ordinances of said city, but that the power was granted, or intended to be granted, to release persons held in custody under the authority of writs issued by the courts, or the executive of the State, is most absurd and ridiculous; and an attempt to exercise it, is a gross usurpation of power, that cannot be tolerated. I have always expected, and desired, that Mr. Smith, should avail himself of the benefits of the laws of this State, and of course he would be entitled to a writ of Habeas Corpus issued by the Circuit Court, and entitled to a hearing before said court, but to claim the right of a hearing before the Municipal Court of the city of Nauvoo, is a burlesque upon the charter itself. As to Mr. Smith's guilt, or innocence of the crime charged upon him, it is not my province to investigate or determine, nor has any court on earth jurisdiction of his case, but the courts of the state of Missouri; and as stated in my former letter, the constitution and laws presume that each and every State in this Union, are competent to do justice to all who may be charged with crime committed in said State. Your information of twelve men from Jackson County Mo. were lying in wait for Mr. Smith, between Nauvoo and Warsaw, for the purpose of taking him out of the hands of the officers who might have him in custody, and murdering him, is like many other marvellous [marvelous] stories that you hear in reference to him not one word of it true, but I doubt not that your mind has been continually harrowed up with fears produced by that, and other equally groundless stories, that: that statement is true is next to impossible, and your own judgment if you will but give it scope will soon set you right in reference to it, if any of the citizens of Jackson had designed to murder Mr. Smith, they would not have been so simple as to perpetrate the crime in Illinois, when he would necessarily be required to pass through the interior of the state of Missouri, where the opportunity would have been so much better, and the prospect of escape much more certain; that it is like the statement made by Mr. Smith's first messenger after his arrest to Messrs. Ralston and Warren, saying, that I had stated, that Mr. Smith should be surrendered to the authorities of Mo. dead or alive-not one word of which was true. I have not the most distant thought that any person in Illinois, or Missouri, contemplated personal injury to Mr. Smith, by violence in any manner whatever. I regret that I did not see Gen. Law, when last at Quincy, a previous engagement upon business that could not be dispensed with prevented and occupied my attention that evening until dark, at half past one o'clock p.m., I came home and learned that the Gen. had called to see me, but the hurry of business only allowed me about ten minutes time to eat my dinner, and presnming [presuming] that if he had business of any importance that he would remain in the city until I returned. It may be proper here in order to afford you all the satisfaction in my power, to reply to a question propounded to my wife by Gen. Law, in reference to Mr. Smith, viz. whether any additional demand had been made upon me by the governor of Mo. for the surrender of Mr. Smith, I answer none, no charge whatever has been made in the proceedings. Mr. Smith is held accountable only, for the charge as set forth in my warrant under which he was arrested. In conclusion you presume upon my own knowledge of Mr. Smith's innocence, and ask why the prosecution is continued against him. Here I must again appeal to your own good judgment, and you will be compelled to answer that it is impossible I could know him to be innocent; and as before stated, it is not my province to investigate as to his guilt or innocence, but could I know him to be innocent, and were he my own son, I would never-the-less (and the more readily,) surrender him to the legally constituted authority to pronounce him innocent. With sentiments of high regard, and esteem, Your Obednt. Servant THOMAS CARLIN. Mrs. Emma Smith.