APPLICATION TO THE MUNICIPAL COURT OF NAUVOO FOR WRIT OF HABEAS
CORPUS--THE PROPHET'S SPEECH AT NAUVOO--PROCEEDINGS BEFORE THE
MUNICIPAL COURT--THE PRISONER DISCHARGED FROM CUSTODY.
_June 30, 1843_ (continued.)--As soon as we arrived in the city, the
Municipal Court came together, when I told them, "The writ of habeas
corpus granted by the Master in Chancery at Dixon was made returnable
to the nearest court having jurisdiction; and you are that court."
A requisition was made on Reynolds to return the writ, who refused,
when I signed the following petition:--
_The Prophet's Petition to the Municipal Court of Nauvoo, for a
Writ of Habeas Corpus_.
To the Honorable the Municipal Court of the City of Nauvoo, Hancock
County, and State of Illinois:--
Your petitioner, Joseph Smith, Sen., who has been arrested by and
under the name of Joseph Smith, Jun., states on oath that he is now
detained as a prisoner, and in the custody of Joseph H. Reynolds,
in the said city of Nauvoo and state of Illinois, who claims to be
the agent of the state of Missouri, and that your petitioner was
arrested by one Harmon T. Wilson, by virtue of what purports to
be a warrant issued by his Excellency, Thomas Ford, governor of
the state of Illinois, in the county of Lee and state of Illinois,
and by said Wilson, your petitioner was delivered into the custody
of said Joseph H. Reynolds, at and within the county of Lee,
aforesaid; that said supposed warrant so issued by his Excellency,
Thomas Ford, governor as aforesaid, and the arrest thereupon
and the imprisonment consequent thereupon by said Wilson, and
afterwards by said Joseph H. Reynolds, is illegal and in violation
of law, and without the authority of law, as he is informed and
verily believes, for the following, besides other reasons, to wit--
{462} 1st. The said supposed warrant so issued by the said governor
of the state of Illinois as aforesaid does not confer any authority
to arrest your petitioner, for that it commands the officers
therein named to arrest one Joseph Smith, Jun., whereas the name of
your petitioner is Joseph Smith, Sen.; and your petitioner avers
that he is not known and reputed by the name of Joseph Smith, Jun.
2nd. The said supposed warrant is defective and void, for that it
does not recite that the Joseph Smith, Jun., mentioned therein,
has been demanded by the executive of the state of Missouri of the
executive of the state of Illinois.
3rd. Said supposed warrant is defective and void, for that it does
not state that said Joseph Smith, Jun., therein named, has been
indicted, or that any other legal accusation of any offense has
been legally preferred, and is as pending against him in the said
state of Missouri.
4th. It is defective and void, for that it does not show that any
legal foundation was furnished by the executive of the state of
Missouri, upon which to issue the same, and your petitioner avers
that the same was issued without due authority of law.
5th. Said supposed warrant is in other respects defective and void.
6th. The said Joseph H. Reynolds has no authority to detain your
petitioner in custody, for that he is not an officer of the state
of Illinois, nor is he legally authorized by the said governor of
the state of Illinois, or otherwise, as the agent of the state of
Missouri in the state of Illinois, or in any other character and
capacity, to imprison your petitioner within the said state of
Illinois.
7th. Your petitioner, before the making of the said arrest upon
which he is now detained and imprisoned, had been arrested for
the same cause and upon a charge for the same offense for which
he is now arrested and imprisoned, by virtue of a warrant issued
by the governor of the said state of Illinois, upon a requisition
of the executive authority of the said state of Missouri, and was
discharged from said arrest and imprisonment by judgment of the
circuit court of Warren county, at a court holden in the said
county of Warren, in or about the month of June, A.D. 1841, in such
manner as not to be liable to the said second arrest for the same
cause.
8th. Your petitioner is not a fugitive from justice, and has not
fled from the justice of the said state of Missouri, and he is not
guilty and has not been guilty of treason in or against the state
of Missouri.
9th. Your petitioner was not and has not been within the limits of
the said state of Missouri for more than four years next before the
making of said arrest and imprisonment whereby he is now detained,
nor for or during four years before any indictment or other legal
accusation was preferred against him.
{463} 10. Your petitioner avers that the said supposed warrant so
issued by the said governor of the said state of Illinois, and
under color of which your petitioner is now imprisoned, and the
document purporting to be an authority to receive the said Joseph
Smith, Jr., are wholly defective and insufficient to legally
authorize the arrest and imprisonment of your petitioner; copies
of which supposed warrant and the supposed authority from the
executive of the state of Missouri are hereunto annexed.
Wherefore, your petitioner prays that a writ of habeas corpus may
be awarded, directed to the said Joseph H. Reynolds, commanding him
that he bring your petitioner forthwith and without delay before
this honorable court, together with the causes of his caption
and detention, in order that your petitioner may be dealt with
according to law; and your petitioner, as in duty bound, will ever
pray.
JOSEPH SMITH, Sen.
Subscribed and sworn to before me this 30th day of June, A. D.,
1843, at the city of Nauvoo, Illinois.
JAMES SLOAN, Clerk of the Municipal Court of the City of Nauvoo.
Whereupon the court issued the following:--
State of Illinois, City of Nauvoo. ss.
The people of the state of Illinois to the marshal of said city,
greeting:--
Whereas application has been made before the Municipal Court of
said city that the body of one Joseph Smith, Sen., of the said
city of Nauvoo, (who is styled in the warrant by which he is held
in custody, Joseph Smith, Jun.,) is in the custody of Joseph
H. Reynolds: These are therefore to command the said Joseph H.
Reynolds to safely have the body of the said Joseph Smith, Sen.,
who is styled Joseph Smith, Jun., in his custody detained, as it is
said, together with the day and cause of his caption and detention,
by whatsoever name the said Joseph Smith, Sen., may be known or
called, before the Municipal Court of said city, forthwith, to bide
such order as the said court shall make in his behalf; and further,
if the said Joseph H. Reynolds, or other person or persons having
said Joseph Smith, Sen., of said city of Nauvoo, in custody, shall
refuse or neglect to comply with the provisions of this writ, you,
the marshal of said city, or other person authorized to serve
the same, are hereby required to arrest the person or persons so
refusing or neglecting to comply as aforesaid, and bring him or
them together with the person or persons in his or their custody,
forthwith before the Municipal Court aforesaid, to be dealt with
according to law: and herein fail not, and bring this writ with you.
{464} Witness, James Sloan, Clerk of the Municipal Court of Nauvoo,
this 30th day of June, in the year of our Lord one thousand eight
hundred and forty-three.
[Seal.] JAMES SLOAN, Clerk.
Which was endorsed.
I, Joseph H. Reynolds, the within named, do hereby return this
writ, with the body of Joseph Smith, with the following cause
of caption and detention, to wit--The within named Joseph Smith
was arrested on a warrant issued by the governor of the state of
Illinois, by one Harmon T. Wilson, a constable of Hancock county,
in the state of Illinois, on the 23rd day of June, A.D., 1843, a
copy of which warrant is hereunto annexed, and marked letter A,
and delivered over to my custody as directed by said writ. The
person of said Smith was, on said 23rd of June, in the county of
Lee, and state of Illinois, by the said Wilson, delivered over to
my custody; and that I received and detained the said Smith in my
custody, by virtue of a certain warrant of attorney issued by the
governor of the state of Missouri, a copy of which is hereunto
annexed and marked letter B, directing me to receive the said
Smith, and convey him to and deliver him to the sheriff of Daviess
county, in the state of Missouri: and that the within detention
referred to is the same referred to, and none other.
JOSEPH H REYNOLDS.
Nauvoo, June 30, A.D., 1843.
Executive Department, City of Jefferson.
Know ye that I, Thomas Reynolds, governor of the state of Missouri,
having full trust and confidence in the integrity and abilities of
Joseph H. Reynolds, do hereby constitute and appoint him as the
agent of the said state of Missouri, to proceed to the state of
Illinois, for the purpose of receiving from the proper authorities
of the state one Joseph Smith Jun., charged with treason by him
committed against the state of Missouri, and as having fled from
justice to the state of Illinois; and I do hereby authorize and
direct said Joseph H. Reynolds to convey said Joseph Smith, Jun.,
from the state of Illinois, and deliver him to the custody of the
sheriff of Daviess county, in the state of Missouri.
In testimony whereof, I have hereunto set my hand and caused to be
affixed the great seal of the state of Missouri.
Done at the city of Jefferson, this 13th day of June, in the year
of our Lord one thousand eight hundred and forty-three.
By the Governor, [Seal.] THOS. REYNOLDS. James L. Minor, Secretary
of State.
{465} Thomas Ford, governor of the state of Illinois, to all
sheriffs and constables of any county of the state, and to Harmon
T. Wilson, of the county of Hancock, greeting:--
Whereas it has been made known to me by the executive authority of
the state of Missouri, that one Joseph Smith, Jun., stands charged
with the crime of treason against the state of Missouri, and
alleged that Joseph Smith, Jun., has fled from the justice of the
said state of Missouri and taken refuge in the state of Illinois.
Now, therefore, I, Thomas Ford, governor of the state of Illinois,
pursuant to the constitution and laws of the United States and of
this state, do hereby command you to arrest and apprehend the said
Joseph Smith, Jun., if he be found within the limits of the state
aforesaid, and cause him to be safely kept and delivered to the
custody of Joseph H. Reynolds, Esq., who has been duly constituted
the agent of the said state of Missouri to receive the said
fugitive from the justice of said state, he paying all fees and
charges for the arrest and apprehension of said Joseph Smith, Jun.,
and make due returns to the executive department of this state, of
the manner in which this writ may be executed.
In testimony whereof, I have hereunto set my hand, and caused the
great seal of the state to be affixed.
Done at the city of Springfield, this 17th day of June, in the year
of our Lord one thousand eight hundred and forty-three, and of the
Independence of the United States the sixty-seventh.
By the Governor, THOMAS FORD.
THOMAS CAMPBELL, Secretary of State.
Mr. Reynolds refused to submit to the writ, but submitted to the
attachment, and I was delivered into the hands of the marshal of the
city. I told the court I had an appointment to preach to the people,
and requested the privilege from the court, which they granted, and
adjourned until eight o'clock tomorrow morning.
At five p.m., I went to the grove and delivered an address to the
public.
The following is a brief synopsis, as reported by Dr. Willard Richard
and Elder Wilford Woodruff:--
_The Prophet's Speech at Nauvoo--Relation of his Arrest at
Dixon. The Right of Habeas Corpus Proceedings Under Nauvoo Charter
Claimed_.
The congregation is large. I shall require attention. I discovered
what the emotions of the people were on my arrival at this city,
and I {466} have come here to say "How do you do?" to all parties;
and I do now at this time say to all "How do you do?" I meet you
with a heart full of gratitude to Almighty God, and I presume you
all feel the same. I am well--I am hearty. I hardly know how to
express my feelings. I feel as strong as a giant. I pulled sticks
with the men coming along, and I pulled up with one hand the
strongest man that could be found. Then two men tried, but they
could not pull me up, and I continued to pull, mentally, until I
pulled Missouri to Nauvoo. But I will pass from that subject.
There has been great excitement in the country since Joseph H.
Reynolds and Harmon T. Wilson took me; but I have been cool and
dispassionate through the whole. Thank God, I am now a prisoner in
the hands of the municipal court of Nauvoo, and not in the hands of
Missourians.
It is not so much my object to tell of my afflictions, trials and
troubles as to speak of the writ of habeas corpus, so that the
minds of all may be corrected. It has been asserted by the great
and wise men, lawyers and others, that our municipal powers and
legal tribunals are not to be sanctioned by the authorities of the
state; and accordingly they want to make it lawful to drag away
innocent men from their families and friends, and have them put to
death by ungodly men for their religion!
Relative to our city charter, courts, right of habeas corpus, etc.,
I wish you to know and publish that we have all power; and if any
man from this time forth says anything to the contrary, cast it
into his teeth.
There is a secret in this. If there is not power in our charter and
courts, then there is not power in the state of Illinois, nor in
the congress or constitution of the United States; for the United
States gave unto Illinois her constitution or charter, and Illinois
gave unto Nauvoo her charters, ceding unto us our vested rights,
which she has no right or power to take from us. All the power
there was in Illinois she gave to Nauvoo; and any man that says to
the contrary is a fool.
The municipal court has all the power to issue and determine
writs of habeas corpus within the limits of this city that the
legislature can confer. This city has all the power that the state
courts have, and was given by the same authority--the legislature.
I want you to hear and learn, O Israel, this day, what is for the
happiness and peace of this city and people. If our enemies are
determined to oppress us and deprive us of our constitutional
rights and privileges as they have done, and if the authorities
that are on the earth will not sustain us in our rights, nor give
us that protection which the laws and constitution of the United
States and of this state guarantee unto us, then we will claim them
from a higher power--from heaven--yea, from God Almighty.
{467} I have dragged these men here by my hand, and I will do it
again; but I swear I will not deal so mildly with them again, for
the time has come when forbearance is no longer a virtue; and if
you or I are again taken unlawfully, you are at liberty to give
loose to blood and thunder. But be cool, be deliberate, be wise,
act with almighty power; and when you pull, do it effectually--make
a sweep-stakes for once!
My lot has always been cast among the warmest hearted people. In
every time of trouble, friends, even among strangers, have been
raised up unto me and assisted me.
The time is come when the vail is torn off from the state of
Illinois, and its citizens have delivered me from the state of
Missouri. Friends that were raised up unto me would have spilt
their life's blood to have torn me from the hands of Reynolds
and Wilson, if I had asked them; but I told them no, I would be
delivered by the power of God and generalship; and I have brought
these men to Nauvoo, and committed them to her from whom I was
torn, not as prisoners in chains, but as prisoners of kindness. I
have treated them kindly. I have had the privilege of rewarding
them good for evil. They took me unlawfully, treated me rigorously,
strove to deprive me of my rights, and would have run with me into
Missouri to have been murdered, if Providence had not interposed.
But now they are in my hands; and I have taken them into my house,
set them at the head of my table, and placed before them the best
which my house afforded; and they were waited upon by my wife, whom
they deprived of seeing me when I was taken.
I have no doubt but I shall be discharged by the municipal court.
Were I before any good tribunal, I should be discharged, as the
Missouri writs are illegal and good for nothing--they are "without
form and void."
But before I will bear this unhallowed persecution any
longer--before I will be dragged away again among my enemies for
trial, I will spill the last drop of blood in my veins, and will
see all my enemies in hell! To bear it any longer would be a sin,
and I will not bear it any longer. Shall we bear it any longer?
[One universal "No!" ran through all the vast assembly, like a loud
peal of thunder.]
I wish the lawyer who says we have no powers in Nauvoo may be
choked to death with his own words. Don't employ lawyers, or pay
them money for their knowledge, for I have learned that they don't
know anything. I know more than they all.
Go ye into all the world and preach the gospel. He that believeth
in our chartered rights may come here and be saved; and he that
does not shall remain in ignorance. If any lawyer shall say there
is more power in other places and charters with respect to habeas
corpus than in Nauvoo, believe it not. I have converted this
candidate for congress [pointing {468} to Cyrus Walker, Esq.,]
that the right of habeas corpus is included in our charter. If he
continues converted, I will vote for him.
I have been with these lawyers and they have treated me well; but I
am here in Nauvoo, and the Missourians too. I got here by a lawful
writ of habeas corpus issued by the master in chancery of Lee
county, and made returnable to the nearest tribunal in the fifth
judicial district having jurisdiction to try and determine such
writs: and here is that tribunal, just as it should be.
However indignant you may feel about the high handed oppression
which has been raised against me by these men, use not the hand
of violence against them, for they could not be prevailed upon to
come here till I pledged my honor and my life that a hair of their
heads should not be hurt. Will you all support my pledge, and thus
preserve my honor? [One universal "Yes!" burst from the assembled
thousands.] This is another proof of your attachment to me. I
know how ready you are to do right. You have done great things,
and manifested your love towards me in flying to my assistance on
this occasion. I bless you, in the name of the Lord, with all the
blessings of heaven and earth you are capable of enjoying.
I have learned that we have no need to suffer as we have
heretofore: we can call others to our aid. I know the Almighty
will bless all good men: he will bless you; and the time has come
when there will be such a flocking to the standard of liberty as
never has been or shall be hereafter. What an era has commenced!
Our enemies have prophesied that we would establish our religion
by sword. Is it true? No. But if Missouri will not stay her cruel
hand in her unhallowed persecutions against us, I restrain you not
any longer. I say in the name of Jesus Christ, by the authority of
the holy priesthood, I this day turn the key that opens the heavens
to restrain you no longer from this time forth. I will lead you to
the battle; and if you are not afraid to die, and feel disposed to
spill your blood in your own defense, you will not offend me. Be
not the aggressor: bear until they strike you on the one cheek;
then offer the other, and they will be sure to strike that; then
defend yourselves, and God will bear you off, and you shall stand
forth clear before his tribunal.
If any citizens of Illinois say we shall not have our rights, treat
them as strangers and not friends, and let them go to hell and be
damned! Some say they will mob us. Let them mob and be damned! If
we have to give up our chartered rights, privileges, and freedom,
which our fathers fought, bled, and died for, and which the
constitution of the United States and of this state guarantee unto
us, we will do it only at the point of the sword and bayonet.
Many lawyers contend for those things which are against the
rights {469} of men, and I can only excuse them because of their
ignorance. Go forth and advocate the laws and rights of the people,
ye lawyers. If not, don't get into my hands, or under the lash of
my tongue.
Lawyers say the powers of the Nauvoo charter are dangerous: but
I ask, is the constitution of the United States or of this state
dangerous? No. Neither are the charters granted to Nauvoo by the
legislature of Illinois dangerous, and those who say they are
fools. We have not enjoyed unmolested those rights which the
constitution of the United States of America and our charters grant.
Missouri and all wicked men raise the hue-and-cry against us, and
are not satisfied. Some political aspirants of this state also are
raising the hue-and-cry that the powers in the charters granted
unto the city of Nauvoo are dangerous; and although the general
assembly have conferred them upon our city, yet the whine is
raised--"Repeal them--take them away." Like the boy who swapped
off his jack-knife, and then cried, "Daddy, daddy, I have sold my
jack-knife and got sick of my bargain, and I want to get it back
again."
But how are they going to help themselves? Raise mobs? And what
can mobocrats do in the midst of Kirkpatrickites? No better than a
hunter in the claws of a bear. If mobs come upon you any more here,
dung your gardens with them. We don't want any excitement; but
after we have done all, we will rise up, Washington-like, and break
off the hellish yoke that oppresses us, and we will not be mobbed.
The day before I was taken at Inlet Grove, I rode with my wife
through Dixon to visit my friends, and I said to her, "here is a
good people." I felt this by the Spirit of God. The next day I was
a prisoner in their midst, in the hands of Reynolds, of Missouri,
and Wilson, of Carthage. As the latter drove up, he exclaimed, "ha,
ha, ha! By G--, we have got the Prophet now!" He gloried much in
it, but he is now our prisoner. When they came to take me, they
held two cocked pistols to my head, and saluted me with--"G-- d--
you, I'll shoot you! I'll shoot you, G-- d-- you,"--repeating these
threats nearly fifty times, from first to last. I asked them what
they wanted to shoot me for. They said they would do it, if I made
any resistance.
"Oh. very well," I replied; "I have no resistance to make." They
then dragged me away, and I asked them by what authority they did
these things. They said, "By a writ from the governors of Missouri
and Illinois." I then told them I wanted a writ of habeas corpus.
Their reply was, "G-- d-- you, you shan't have it," I told a man
to go to Dixon, and get me a writ of habeas corpus. Wilson then
repeated, "G-- d-- you, you shan't have it: I'll shoot you."
When we arrived at Dixon, I sent for a lawyer, who came; and
Reynolds shut the door in his face, and would not let me speak to
him, repeating, {470} "G-- d-- you, I'll shoot you." I turned to
him, opened my bosom, and told him to "shoot away. I have endured
so much persecution and oppression that I am sick of life. Why,
then, don't you shoot and have done with it, instead of talking so
much about it?"
This somewhat checked his insolence. I then told him that I would
have counsel to consult, and eventually I obtained my wish.
The lawyers came to me, and I got a writ of habeas corpus for
myself, and also a writ against Reynolds and Wilson for unlawful
proceedings and cruel treatment towards me. Thanks to the good
citizens of Dixon, who nobly took their stand against such
unwarrantable and unlawful oppression, my persecutors could not get
out of the town that night, although, when they first arrived, they
swore I should not remain in Dixon five minutes, and I found they
had ordered horses accordingly to proceed to Rock Island. I pledged
my honor to my counsel that the Nauvoo city charter conferred
jurisdiction to investigate the subject; so we came to Nauvoo,
where I am now a prisoner in the custody of a higher tribunal than
the circuit court.
The charter says that "the city council shall have power and
authority to make, ordain, establish, and execute such ordinances
not repugnant to the constitution of the United States, or of
this state, as they may deem necessary, for the peace, benefit,
and safety of the inhabitants of said city." And also that "the
municipal court shall have power to grant writs of habeas corpus in
all cases arising under the ordinances of the city council."
The city council have passed an ordinance "that no citizen of this
city shall be taken out of this city by any writ, without the
privilege of a writ of habeas corpus." There is nothing but what
we have power over, except where restricted by the constitution of
the United States. "But," says the mob, "What dangerous powers!"
Yes--dangerous, because they will protect the innocent and put down
mobocrats. The constitution of the United States declares that
the privilege of the writ of habeas corpus shall not be denied.
Deny me the writ of habeas corpus, and I will fight with gun,
sword, cannon, whirlwind, and thunder, until they are used up like
the Kilkenny cats. We have more power than most charters confer,
because we have power to go behind the writ and try the merits of
the case.
If these powers are dangerous, then the constitution of the United
States and of this state are dangerous; but they are not dangerous
to good men: they are only so to bad men who are breakers of the
laws. So with the laws of the country, and so with the ordinances
of Nauvoo: they are dangerous to mobs, but not to good men who wish
to keep the laws.
We do not go out of Nauvoo to disturb anybody, or any city, town,
{471} or place. Why, then, need they be troubled about us? Let them not
meddle with our affairs, but let us alone. After we have been
deprived of our rights and privileges of citizenship, driven
from town to town, place to place, and state to state, with the
sacrifice of our homes and lands, our blood has been shed, many
having been murdered, and all this because of our religion--because
we worship Almighty God according to the dictates of our own
conscience, shall we longer bear these cruelties which have been
heaped upon us for the last ten years in the face of heaven, and in
open violation of the constitution and law of these United States
and of this state? God forbid! I will not bear it. If they take
away my rights, I will fight for them manfully and righteously
until I am used up. We have done nothing against the rights of
others.
You speak of lawyers. I am a lawyer too; but the Almighty God has
taught me the principle of law; and the true meaning and intent of
the writ of habeas corpus is to defend the innocent and investigate
the subject. Go behind the writ and if the form of one that is
issued against an innocent man is right, he should [nevertheless]
not be dragged to another state, and there be put to death, or be
in jeopardy of life and limb, because of prejudice, when he is
innocent. The benefits of the constitution and laws are alike for
all; and the great Eloheim has given me the privilege of having the
benefits of the constitution and the writ of habeas corpus; and I
am bold to ask for that privilege this day, and I ask in the name
of Jesus Christ, and all that is sacred, that I may have your lives
and all your energies to carry out the freedom which is chartered
to us. Will you all help me? If so make it manifest by raising the
right hand (There was a unanimous response, a perfect sea of hands
being elevated). Here is truly a committee of the whole.
When at Dixon, a lawyer came to me as counsel. Reynolds and Wilson
said I should not speak to any man, and they would shoot any man
who should dare to speak to me. An old, gray-headed man came up and
said I should have counsel, and he was not afraid of their pistols.
The people of Dixon were ready to take me from my persecutors, and
I could have killed them, notwithstanding their pistols; but I had
no disposition to kill any man, though my worst enemy,--not even
Boggs. In fact, he would have more hell to live in the reflection
of his past crimes than to die. After this, I had lawyers enough,
and I obtained a writ for Joseph H. Reynolds and Harmon T. Wilson,
for damages, assault and battery, as well as the writ of habeas
corpus.
We started for Ottawa, and arrived at Pawpaw Grove, 32 miles, where
we stopped for the night. Esquire Walker sent Mr. Campbell, sheriff
of Lee county, to my assistance, and he came and slept by me. In
the morning, certain men wished to see me, but I was not allowed to
{472} see them. The news of my arrival had hastily circulated about
the neighborhood, and very early in the morning the largest room
in the hotel was filled with citizens, who were anxious to hear me
preach, and requested me to address them.
Sheriff Reynolds entered the room and said, pointing to me, "I
wish you to understand this man is my prisoner, and I want you
should disperse. You must not gather round here in this way." Upon
which, an aged gentleman, who was lame and carried a large hickory
walking-stick, advanced towards Reynolds, bringing his hickory
upon the floor and said, "You damned infernal puke! we'll learn
you to come here and interrupt gentlemen. Sit down there [pointing
to a very low chair] and sit still. Don't open your head till
General Smith gets through talking. If you never learned manners
in Missouri, we'll teach you that gentlemen are not to be imposed
upon by a nigger-driver. You cannot kidnap men here, if you do
in Missouri; and if you attempt it here, there is a committee in
this grove that will sit on your case. And, sir, it is the highest
tribunal in the United States, as from its decision there is no
appeal."
Reynolds, no doubt, aware that the person addressing him was at the
head of a committee who had prevented the settlers on the public
domain from being imposed upon by land speculators, sat down in
silence, while I addressed the assembly for an hour and a half on
the subject of marriage, my visitors having requested me to give
them my views of the law of God respecting marriage.
My freedom commenced from that hour. We came direct from Pawpaw
Grove to Nauvoo, having got our writ directed to the nearest court
having authority to try the case, which was the municipal court of
this city.
It did my soul good to see your feelings and love manifested
towards me. I thank God that I have the honor to lead so virtuous
and honest a people--to be your leader and lawyer, as was Moses to
the children of Israel. Hosannah! Hosannah! Hosannah! to Almighty
God, who has delivered us thus from out of the seven troubles. I
commend you to His grace; and may the blessings of heaven rest upon
you, in the name of Jesus Christ. Amen.
President Smith then introduced Mr. Cyrus Walker to the assembled
multitude, and remarked to him: "These are the greatest dupes, as
a body of people, that ever lived, or I am not so big a rogue as I
am reported to be. I told Mr. Warren that I would not discuss the
subject of religion with you. I understand the gospel and you do
not. You understand the quackery of law, and I do not." Mr. Walker
then addressed the people to the effect that, from what he had
seen in the Nauvoo City Charter, it gave the power to try writs
of habeas corpus, etc. After which, President Smith continued as
follows:--
{473} If the legislature have granted Nauvoo the right of
determining cases of habeas corpus, it is no more than they ought
to have done, or more than our fathers fought for. Furthermore,
if Missouri continues her warfare, and to issue her writs against
me and this people unlawfully and unjustly, as she has done, and
to take away and trample upon our rights, I swear, in the name of
Almighty God, and with uplifted hands to heaven, I will spill my
heart's blood in our defense. They shall not take away our rights;
and if they don't stop leading me by the nose, I will lead them
by the nose; and if they don't let me alone, I will turn up the
world--I will make war. When we shake our own bushes, we want to
catch our own berries. The lawyers themselves acknowledge that
we have all power granted us in our charters that we could ask
for--that we had more power than any other court in the state;
for all other courts were restricted, while ours was not; and I
thank God Almighty for it. I will not be rode down to hell by the
Missourians any longer; and it is my privilege to speak in my own
defense; and I appeal to your integrity and honor that you will
stand by and help me, according to the covenant you have this day
made.
While I was speaking, Reynolds and Wilson started for Carthage, in
company with Lawyer Davis, of Carthage, threatening to raise the
militia and come again and take me out of Nauvoo.
_Saturday, July 1_.--At eight a.m., the municipal court met in the
court-room. Present: William Marks (acting chief justice), Daniel H.
Wells, Newel K. Whitney, George W. Harris, Gustavus Hills, and Hiram
Kimball, (associate justices,) to investigate the writ of habeas corpus.
The following witnesses were examined--namely: Hyrum Smith, Parley
P. Pratt, Brigham Young, George W. Pitkin, Lyman Wight, and Sidney
Rigdon.[A]
[Footnote A: The affidavits here alluded to, since they refer to events
that happened in Missouri from 1831 to 1839, were transfered to the
Missouri period of the history and will be found in the Appendix of
Vol. III, pp. 403 to 466.]
Messrs. Walker, Patrick, Southwick, and Backman (the counsel on my
behalf), then respectively addressed the court; and they exhorted the
"Mormons" to stand for their rights--stand or fall, sink or swim, live
or die. Mr. Mason was counselor for Reynolds.
{474} After which the following order was made:--
_Order of the Municipal Court of Nauvoo_.
This day came the said Joseph Smith, Sen., in proper person; and
the said Joseph H. Reynolds having made return of said writ of
habeas corpus, and produced the body of said Smith, in pursuance to
the mandate of said writ, and after hearing the evidence in support
of said petition, it is ordered and considered by the court that
the said Joseph Smith, Sen., be discharged from the said arrest
and imprisonment complained of in said petition, and that the said
Smith be discharged for want of substance in the warrant upon which
he was arrested, as well as upon the merits of said case, and that
he go hence without delay.
In testimony whereof, I have hereunto set my hand and affixed the
seal of said court, at the city of Nauvoo, this second day of July,
1843.
[Seal.] JAMES SLOAN, Clerk.
_A Public Meeting in Relation to the late Arrest of General
Joseph Smith_.
Nauvoo, Illinois, July 1st, 1843. At a meeting of the citizens of
Nauvoo, held this day in the Assembly Hall, it was
Resolved unanimously--That Messrs. Sanger and Dixon, of the town
of Dixon, and the citizens of Dixon, Pawpaw Grove, and Lee county
generally, in this state, receive the warmest thanks of this
meeting for the firm patriotism, bold and decided stand taken
against lawless outrage and the spirit of mobocracy, as manifested
in the arrest or capture of General Joseph Smith, while on a visit
to his friends in that district of country, by Harmon T. Wilson
and Joseph H. Reynolds pretending to act under authority of a writ
obtained from the governor of this state, given in consequence
of a pretended requisition made on him from the executive of
Missouri, for the arrest and delivery of said Joseph Smith unto the
authorities of Missouri. In maintaining the legal rights of persons
thus arrested, and seeing the laws of Illinois maintained, and the
full benefits of them enjoyed by every citizen of said state, they
have shown themselves republicans, patriots, and worthy citizens of
this state, and have entitled themselves not only to the thanks of
this meeting, but to that of all lovers of law and good order. With
such citizens as these, Illinois will long enjoy the benefits of
good order and the blessings of a free people.
Resolved unanimously--That the foregoing resolution be published in
the newspapers.
[Signed.] SIDNEY RIGDON, Moderator. WILLARD RICHARDS, Clerk.
{475} A strong wind from the north-west, with thunder and rain in the
afternoon.
In consequence of Reynolds and Wilson leaving abruptly last night for
Carthage, I sent Colonel Markham to learn what they were doing.
A tremendous shower at Chester, Pennsylvania. Over twenty lives were
lost, fifty bridges destroyed, besides many houses and stores. Damage
$250,000.
Elders Heber C. Kimball and Orson Pratt started on their mission to
the east, for the purpose of attending conferences at Cincinnati and
Pittsburgh, where they will wait until the rest of the Twelve arrive.
{476}