| 1056 TIMES AND SEASONS.
"TRUTH WILL PREVAIL."
VOL. VI. NO. 19.] CITY OF NAUVOO, ILL. DEC 15, 1845. [WHOLE NO. 127.
HISTORY OF JOSEPH SMITH.
(CONTINUED.)
Gov. Dunklin wrote the brethren as follows:
City of Jefferson, Feb. 4, 1834.
Gentlemen-
Your communication of the 6th Dec. was regularly received and duly considered, and had I not expected to have received the evidence brought out one the enquiry [inquiry] ordered into the military conduct of Colonel Pitcher; in a short time after I received your petition; I should have replied to it long since.
Last evening I was informed that the further enquiry [inquiry] of the court was postponed until the 20th instant. Then, before I could hear anything form this court, the court of civil jurisdiction will hold its session in Jackson county, consequently cannot receive anything from one, preparatory to arrangements for the other. I am very sensible indeed of the injuries your people complain of, and should consider myself very remiss in the discharge of my duties were I not to do every thing in my power consistent with the legal exercise of them, to afford your society to redress to which they seem entitled. One of your requests needs no evidence to support the right to have it granted; it is that your people be put in possession of their homes from which they have been expelled. But what may be the duty of the executive after that, will depend upon contingencies.
If upon enquiry [inquiry] it is found your people were wrongfully dispossessed of their arms by Col. Pitcher, then an order will be issued to have them returned; and should your men organize according to law, which they have a right to do, (indeed it is their duty to do so, unless exempted by religious scruples) and apply for public arms, the executive could not distinguish between their right to have them, and the right of every other description of people, similarly situated.
As to the request for keeping up a military force to protect your people and prevent the commission of crimes and injuries, were I to comply, it would transcend the powers with which the executive of this state is clothed.-The federal constitution has given to congress the power to provide for calling forth the militia, to execute the laws of the union, suppress insurrection, or repel invasion; and for these purposes, the President of the United States is authorized to make the call upon the executives of the respective states; and the laws of this state empower the "commander-in-chief in case of actual or threatened invasion, insurrection or war, or public danger, or other emergency, to call forth into actual service, such portion of the militia as he may deem expedient." These, together with the general provision in our state constitution that "the Governor shall take care that the laws are faithfully executed," are all upon this branch of executive powers. None of these, as I consider, embrace this part of your request.-The words "or other emergency" in our militia law seem quite broad, but the emergency to come within the object of that provision should be of a public nature.
Your case is certainly a very emergent one, and the consequences as important to your society as if the war had been waged against the whole state, yet the public has no other interest in it, than that the laws be faithfully executed; this far, I presume the whole community feel a deep interest, for that which is the case of the Mormon to-day, may be the case of the Catholics to-morrow, and after them any other sect that may become obnoxious to a majority of the people of any section of the state. So far as a faithful execution of the laws is concerned, the executive is disposed to do every thing consistent with the means furnished him by the legislature, and I think I may safely say the same of the judiciary.
As now advised I am of the opinion that a military guard will be necessary to protect the state witnesses and officers of the court, and to assist in the execution of its orders, while sitting in Jackson county.
By this mail I write to Mr. Reese, inclosing [enclosing] him an order on the captain of the "Liberty Blues" requiring the captain to comply with the requisition of the circuit attorney in protecting the court and officers, and executing their precepts and orders during the progress of these trials. Under the protection of this guard, your people can, if they think proper return to their homes in Jackson county, and be protected in them during the progress of the trial in question, by which time facts will be developed upon which I can act more definitely. The attorney general will be required to assist the circuit attorney, if the latter deems it necessary.
On the subject of civil injuries, I must refer you to the courts; such questions rest with them exclusively. The laws are sufficient to afford a remedy for every injury of this kind, and whenever you make out a case entitling you to damages,
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