| 612 Brothers Newel K. Whitney and Isaac Morley."-Millennial Star, vol. 19, p. 758.
On the above date Governor Carlin replied to Mrs. Emma Smith's letter of the 17th instant. 2
2 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 it, 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 the State, to apprehend the said fugitive," etc. 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 right of adjudication. I am aware that a strict enforcement of the laws by an executive, or a rigid administration of them by a judicial tribunal, often results in 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 acquittal. In reference to the remark you attribute 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 never have entertained a doubt that if Mr. Smith should submit to the laws of Missouri that the utmost latitude would be allowed him in his 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 fact 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 the surrounding public; and I will here add that I much
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