described in the writ, according as the Law requires; and that he is not a fugitive from justice. Why then, be so strenuos to have my husband taken, when you know him to be innocent of an attempt on the life of , 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 , twelve men from , 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 that were here with Messrs and , divulg’d the most illegal and infernal calculations concerning taking Mr Smith into the evidence of which, we can furnish you at any time, if required. And dear Sir, our good feelings revolt at the suggestion that 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 : yet it only requires a knowledge of the constitution of the , and Statute of the State of ; and a knowledge of the outrages committed by some of the inhabitants of that upon the people called Mormons, and that pass’d 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 & peaceable. And now I entreat your honor to bear with me patiently while I ask, what good can accrue to this state or the , or any part of this or the , or to yourself, or 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
To His Excellency
Governor of the State of .
P.S. Sir. You will please tender my best respects and considerations to your wife and family, and tell them I greatly desire to see them with yourself in our place as soon as can be convenient. .[”] [p. 188]
The constitutional requirement for extradition was being charged with committing a crime in one state and fleeing to another state. (U.S. Constitution, art. 4, sec. 2.)