obstacle which we candidly consider are of the most weighty, is the feeling
which we believe is entertained by the Hon, against us, and his
Consequent incapacity to do us impartial justice. It is from no disposition to
speak disrespectfully of that high officer that we lay before your Hon. Body the
facts we do, but simply that the Legislature may be apprised of our real
Condition. We look upon as like all other mere men, liable to
be influenced by his feelings, his prejudices, and his previously formed opinions
We consider his as being partially if not entirely committed against
us. He has written much upon the subject of our late difficulties in which
he has placed us in the wrong— These letters have been published to the world
He has also presided at an excited public meeting as chairman and no doubt
sanctioned all the proceedings. We do not complain of the citizens who held
that meeting. They were entitled to that privilege. But for the Judge before
whom the very men were to be tried for a capital offense, to participate in an
expression of condemnation of these same individuals is to us, at least apparently
wrong, and we cannot think that we should after such a course on the part of
the Judge have the same chance of a fair and impartial trial— as all admit
we ought to have. We believe that the foundation of the feeling against us, which
we have reason to think entertains, may be traced to the unfortunate
troubles which occurred in some few years ago. In a battle be tween the mormons and a portion of the Citizens of that , , the brotherinlaw of , was killed. It is natural that the should
have some feelings against us, whether we were right or wrong in that
controversy. We mention these facts not to disparage — We
believe that from the relation he bears to us, he would himself prefer that our
trials should be had in a different circuit, and before a different court,
Many other reasons and facts we might mention but we forebear.
Liberty Jail, Jan 24th 1839 L.
James M. Hughes Esqr
Mem, House Rep,
Will you be so good as to present this to the house. The
Community here would, I believe have no objection for the trial of these
men being transferred to .
J M. H.
P. H. (B.) [p. 67]