, and the consequent suffering of myself and family; and the incalculable losses and suffering of many hundreds who survived, and the many precious lives that were lost; all, the effect of unjust prejudice and misguided ambition, produced by misrepresentation and calumny, my bosom heaves with unutterable anguish. And who, that is as well acquainted with the facts as the people of the city of , would censure me, if I should say that my heart burned with just indignation, towards our calumniators, as well as the perpetrators of those horrid crimes. But how happy would I now be to pour out my full heart in gratitude to if he had rose up with the dignity and authority of the cheif executive of the , and put down every illegal transaction, and protected the peaceable citizens, and enterprising emigrants, from the violence of plundering out-laws, who have ever been a disgrace to the , and always will, so long as they go unpunished. Yes I say, how happy would I be to render him not only the gratitude of my own heart, but the cheering effusions of the joyous souls of fathers and mothers, of brothers and sisters, widows and orphans, who he might have saved by such a course, from now drooping under the withering hand of adversity, brought upon them by the persecutions of wicked and corrupt men. And now may I entreat your excellency to lighten the hand of oppression and persecution, which is laid upon me and my family, which materially affect the peace and welfare of this whole community; for let me assure you that there are many whole families that are entirely dependant upon the prosecution and success of Mr Smiths temporal business for their support. And if he is prevented from attending to the common avocations of life, who will employ those innocent, industrious poor people and provide for their wants. But my dear sir, when I recollect the interesting interview, I and my friends had with you when at your place, and the warm assurances you gave us of your friendship and legal protection, I cannot doubt for a moment your honorable sincerety; but do still expect you to consider our claims upon your protection from every encroachment upon our legal rights as loyal citizens as we always have been, still are, and are determined always to be a law abiding people; and I still assure myself that when you are fully acquainted with illegal proceedings practised against us in the suit of you will recall those writs which have been issued against Mr Smith and , as you must be aware that Mr Smith was not in , and of course he could not have left there; with many other considerations which if duly considered will justify Mr Smith in the course he has taken. And now I appeal to your excellency as I would unto a father, who is not only able but willing to shield me and mine from every unjust prosecution. I appeal to your sympathies [p. 177]
Boggs’s affidavit charging JS with complicity in the attempt on his life did not meet the constitutional requirements for evidence in an extradition case.