Letter of Governor Carlin to Emma Smith, anent the Prophet's Difficulties in Missouri.
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, 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," &c.
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 hardships to those involved; and to you it doubtless appears 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, 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 regret being called upon to act at all and that I hope he will submit to the laws and that justice will ultimately be done.
Be pleased to present my best respects to Mrs. Smith and Miss Snow, your companions when at Quincy, and accept of my highest regard for yourself and best wishes for your prosperity and happiness.
Your obedient servant,
THOS. CARLIN.
To Mrs. Emma Smith:
Plans for the Defense of the Church.
Friday, August 26.—At home all day. In the evening, in council with some of the Twelve and others. I gave some important instructions upon the situation of the Church, showing that it was necessary that the officers who could should go abroad through the states; and inasmuch as a great excitement had been raised, through the community at large, by the falsehoods put in circulation by John C. Bennett and others, it was wisdom in God that the Elders should go forth and deluge the state with a flood of truth, setting forth the mean, contemptible persecuting conduct of ex-Governor Boggs of Missouri, and those connected with him in his mean and corrupt proceedings, in plain terms, so that the world might understand the abusive conduct of our enemies, and stamp it with indignation.
I advised the Twelve to call a special conference on Monday next to give instructions to the Elders, and call upon them to go forth upon this important mission; meantime that all the affidavits concerning Bennett's conduct be taken and printed, so that each Elder could be properly furnished with correct and weighty testimony to lay before the public.
Great distress prevails in England on account of the dull state of trade.
Saturday, 27.—In the assembly room with some of the Twelve and others, who were preparing affidavits for the press.
Emma Smith's Letter to Governor Carlin.—Defense of the Prophet, Arraignment of Missouri.
NAUVOO, August 27, 1842.
To his Excellency Governor Carlin:
DEAR SIR:—I received your letter of the 24th in due time, and now tender you the sincere gratitude of my heart for the interest which you have felt in my peace and prosperity; and I assure you that every act of kindness and every word of consolation have been thankfully received and duly appreciated by me and my friends also; and I much regret your ill health, but 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, so 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 fulfil 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 have been got up unjustly and pursued illegally against Mr. Smith, instigated by selfish and irreligious motives, have 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 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 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 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 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 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 concerned 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 statutes of the state of Missouri, and a knowledge of the outrage 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 encouragement to the innocent, and liberality to the industrious and peaceable?
And now I 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 to any other individual, to continue this persecution upon this people, or upon Mr. Smith—a persecution that you are well aware, is entirely without any just foundation or excuse?
With sentiments of due respect, I am your most obedient servant,
EMMA SMITH.