| 571 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 fouudation [foundation] or excuse.
With sentiments of due respect,
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