| 36 flight of Smith and the Mormons from Missouri some years since?
I will refer to one more case of a similar nature. Lord Campbell, formerly Attorney General of England, in a recent debate in Parliament upon the subject of the Creole, made the following remarks: "To show how cautious States should be in making such concessions one to the other reciprocally, he would mention a case that occurred when he was Attorney General. A treaty had been agreed upon between the State of New York and the province of Canada, by which the Government of each agreed reciprocally to deliver up the citizens or subjects of the other against whom Grand Juries had found a bill, and who had sought refuge within the territories of the other. It happened that a slave had escaped from his master, at New York, and had got to Canada. To facilitate his escape, he rode a horse of his master's for a part of the way; but turned him back on reaching the frontier. The authorities of New York well knew that England would not give up a runaway slave, and that as they could not claim him under the treaty; they therefore had a bill of indictment against him before a New York Grand Jury for stealing the horse, though it was clear the animus furandi was wanting. The Grand Jury, however, found a true bill against him for the felony, and he was claimed under the treaty. The Governor, under such circumstances, refused to give him up until he had consulted the Government in England. He (Lord Campbell) was consulted and gave it as his opinion that the man ought not to be given up, as the true bill where no felony had been committed, did not bring the case within the treaty. The man was not given up, and there the matter rested. This, he repeated, showed the necessity of the greatest caution where reciprocal rights of surrender were granted between States."
It is not to be presumed that the Executive of this State would, knowingly, lend his aid in dragging one of our citizens, who is not a fugitive from justice, into a foreign State, for trial. The Governor has, undoubtedly, been misled by the evasive affidavit which accompanied the requisition. I would advise that Mr. Smith procure respectable and sufficient affidavits to prove, beyond all question that he was in this State, and not in Missouri, at the time the crime, with which he is charged, was committed, and, upon these affidavits, apply to the Governor to countermand the warrant he has issued for his arrest. If he should refuse so to do, I am clearly of the opinion that upon the above state of facts, the Supreme Court will discharge him upon Habeas Corpus.
Respectfully you obedient servant, JUSTIN BUTTERFIELD.
CONFERENCE MINUTES.
Olive Green, Oct. 17, 1842.
The Sunbury branch of the Church of Jesus Christ of Latter Day Saints, met in conference at the house of brother Festus Sprague, Elder John P. Green was called to the chair, elders Alexander Badlam and Henry Kempton as clerks, by the request of elder Lyman Wight, vote unanimous. Prayer was offered up by brother J. P. Green, who made known the object of the conference, and the mission of the elders abroad, at this time; calling on the saints to step forth and obey the commandments of the Lord, by building the Temple, and the Nauvoo House, which would be done by the gathering of the saints, and the tithings and consecrations of the Lord's people.
Elder Wight then arose to instruct the saints concerning their present situation, showing that brotherly love and kindness should exist among us, which would make us that we cauld [could] not bear to hear of the sufferings of our brethren, and not be willing to share with them in their sufferings, as well as in prosperity, and shew [show] our love by putting forth the helping hand; be told the brethren plainly that all excuses were in vain, and if the saints would go forth to the place appointed, and talk no more of staying behind, to help the travelling [traveling] elders as they pass through, there will be no danger but the elders will be well supplied; it being the duty of the churches to lay hold with their might in assisting in the great and glorious work of building up the city of Nauvoo. Plainly setting forth without hypocrisy or deception, saying to the brethren, if you are disposed to keep the commandments of God, you will consider no sacrifice too great, when you see what your brethren have passed through; for if you expect to reign with them in glory, you must expect to participate with them here; for it should be remembered that all the persecution that has been suffered has been in consequence of the scattered situation of the church, which has made some of them an easy prey to the adversary of all souls. He further stated that the gathering was necessary for the building of the houses-for the relief of the poor-and salvation of the church; and he set forth the principle of economy in it so plain that it could not be misunderstood; and also declared that there was no other man who could have devised such a scheme of economy, for both the rich and the poor, but Joseph Smith, who is our prophet and seer. Brother Wight declared himself able and willing to prove the character of Joseph Smith to be more meek more humble, chaste, and virtuous-better qualified to fill his mission,
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