| 614 Joseph further continues, as follows:-
"August: Tuesday, 30th. At home through the day.
"Wednesday, 31st. At home in the forenoon; afternoon rode to the grove with Emma. and attended the Female Relief Society's meeting.-Millennial Star, vol. 19, p. 789.
"Friday, [Sept.] 2d. Spent the day at home. A report
ill health, and still hope that you will avail yourself of sufficient time to investigate our cause and thoroughly acquaint yourself with 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 privileges and advantages guaranteed to us by the laws of this State and the United States. This is all we ask, and if we can 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 to 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 prosecutions that have been got up unjustly, and pursued illegally against Mr. Smith, instigated by selfish and irreligious motives, has 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 anyone thinks he is illegally seized, under this ordinance, he claims the right of habeas corpus under section 17 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 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 beside, 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 in 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 any 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
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