| 570 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
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