| 608 'An accessory to an assault with an intent to kill,' does not come under the provision of the fugitive act, when the person charged has not been out of Illinois, etc. An accessory before the fact to manslaughter is something of an anomaly. The isolated affidavit of ex-Governor Boggs is no more than any other man's, and the Constitution says, 'That no person shall be liable to be transported out of the State for an offense committed within the same.' The whole is another Missouri farce. In fact, implied power and constructive guilt, as a dernier resort, may answer the purpose of despotic governments, but are beneath the dignity of the sons of liberty, and would be a blot on our judicial escutcheon.-Millennial Star, vol. 19, pp. 630, 631.
On August 17, 1842, Mrs. Emma Smith wrote Governor Carlin in behalf of her husband, appealing to his knowledge of Boggs' cruelty and his own sense of justice. 1
1 Nauvoo, August 17,1842.
To His Excellency Governor 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 responsible 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 of 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 offense against the laws of the country; and also the life of my husband, who has 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 that he is not guilty of the crime alleged against him by Governor Boggs? Indeed, it does seem entirely superfluous for me or any one of his friends in this place to testify 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 into 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 and ferociously murdered, no person having a knowledge of the existing circumstances has
(page 608) |
