| 244 To the Honorable the Municipal Court, of the City of Nauvoo, Hancock County, and State of Illinois:-
Your petitioner, Joseph Smith, Senior, who has been arrested by, and under the name of Joseph Smith, Junior, 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 Harman G. 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 afterward 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:
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, Junior, whereas, the name of your petitioner is Joseph Smith, Senior, and your petitioner avers that he is not known and reputed by the name of Joseph Smith, Junior,
2nd. The said supposed warrant is defective and void, for that it does not recite that the Joseph Smith, Junior, 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, Junior, therein named, has been indicted or that any other legal accusation of any offence [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 offence [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 of the said State of Missouri, and was discharged from said arrest and imprisonment by judgement [judgment] of the Circuit Court of Warren county, 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 said 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.
10th. 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, Junior, 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.
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