| 243 said violation consisting in said Wilson having transferred said Smith to the custody of Reynolds for the purpose of removing Mr. Smith to Missouri, and thereby avoiding the effect and operation of said writ contrary to law.
There was also another writ sued out from the circuit court of Lee county, in favor of Mr. Smith, against Reynolds and Wilson for private damage, for false imprisonment, upon the ground that the writ issued by the Governor of Illinois, was a void writ in law, upon which said writ, said Reynolds and Wilson were held to bail; and were in the custody of the Sheriff of Lee county. Reynolds and Wilson obtained a writ of habeas corpus for the purpose of being discharged before Judge Young of Quincy, but gave bail at Carthage for their appearance at the circuit court of Lee county in said action.
Mr. Smith obtained a writ of habeas corpus from the Master in Chancery of Lee county, returnable before the Hon. John D. Caton, Judge of the ninth judicial circuit, at Ottawa, upon which said writ Mr. Smith was conveyed by Reynolds and Wilson, towards Ottawa as far as Pawpaw Grove, at which last mentioned place it was ascertained that Judge Caton was on a visit to New York. Upon which the party, Messes. Smith, Reynolds, Wilson and others in company returned to Dixon, where another writ was issued by the said Master in Chancery, in favor of Smith, returnable before the nearest tribunal in the fifth judicial circuit authorised [authorized] to hear, and determine, writs of habeas corpus. It was ascertained that the nearest tribunal authorised [authorized] to hear and determine upon writs of habeas corpus, was at :Nauvoo. On their arrival at Nauvoo, a writ of habeas corpus was sued out before, and made returnable to the Municipal court of the city of Nauvoo, directed to Mr. Reynolds, upon which said writ Mr. Reynolds, did produce the body of said Smith before said court, objecting however, to the jurisdiction of said court. It was ascertained by the counsel for said Smith that the Municipal court had full and ample power to hear and determine upon writs of habeas corpus. Upon examination before said court he was discharged from said arrest upon the merits of said case, and upon the further ground of substantial defects in said writ so issued by the Governor of the State of Illinois.
Why Governor Ford should lend his assistance in a vexatious prosecution of this kind we are at a loss to determine. He possesses a discretionary power in such cases, and has a right to use his judgment, as the chief magistrate of this State, and knowing, as he does, that the whole proceedings, connected with this affair, are illegal, we think that in justice he ought to have leaned to the side of the oppressed and innocent, particularly when the persecuted and prosecuted were citizens of his own State who had a right to his sympathies and to be shielded by his paternal care, as the Father of this State. Does not his Excellency know? and do not all the citizens of the State know that the Mormons have been robbed and pillaged and plundered in that State without any redress? that the Mormons en-masse were exterminated from that State without any legal pretext whatever; and how then could they have any legal claim upon Joseph Smith or any Mormon? Have the Mormons ever obtained any redress for injuries received in Missouri? No! Is there any prospect of their receiving remuneration for their loss, or redress for their grievances? No! When a demand was made upon the Governor of Missouri, by Governor Carlin of this State for the persons who kidnapped several Mormons, were they given up by that State? No. Why then should our Executive feel so tenacious in fulfiling [fulfilling] all the nice punctillious [punctilious] of law, when the very State that is making these demands has robbed, murdered and exterminated by wholesale without law and are merely making use of it at present as a cats-paw to destroy the innocent and murder those that they have already persecuted nearly to the death. It is impossible that the State of Missouri should do justice with her coffers groaning with the spoils of the oppressed and her hands yet reeking with the blood of the innocent. Shall she yet gorge her bloody maw with other victims? Shall Joseph Smith be given into her hands illegally? Never! NO NEVER!! NO NEVER!!!
MUNICIPAL COURT OF THE CITY OF NAUVOO, ILLINOIS.
Second day of special term, July 1st., 1843.
Before Aldermen William Marks, Acting Chief Justice; and Aldermen Daniel H. Wells, Newel K. Whitney, George W. Harris, Gustavus Hills, and Hiram Kimball, Associate Justices; presiding.
EX-PARTE JOSEPH SMITH, } Messrs. WALKER, PATRICK & SOUTHWICK,
ON HABEAS CORPUS. } Counsel for SMITH.
MR. MASON, Counsel for REYNOLDS.
This case came before the court upon a return to a writ of habeas corpus, which was issued by this court, on the 30th of June, 1843, upon the petition of Joseph Smith, Senior, as follows:
STATE OF ILLINOIS, } SCT.
City of Nauvoo. }
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