| 44 any corporation, body politic, or legislative assembly by this rule, we should not find one but that would be destroyed throughout the length, and breadth of this vast republic.
In regard to the charge of Mr. Smith's being brought before the Municipal Court, and of his being tried, and dismissed by them; the statement is incorrect. Mr. Smith was not brought before that tribunal at all. It is true that the Municipal Court issued a writ of Habeas Corpus (according to the salutary, and wise provisions made in the charter) but the sheriff was unwilling to give the prisoners up, until he had first obtained legal advice; while he was absent Mr. Smith disappeared. Because he was not forthcoming, are the citizens of Nauvoo to be blamed? did they resist the civil authorities, or retard, or hinder their search for that gentlemen? They did not. They considered the writ to be illegal; and knew that the whole was a religious persecution; but despite of all this, they did not resist the civil authorities.-Mr. William Law who is City Councillor [Councilor], and General in the Nauvoo Legion, told the sheriff in the presence of a promiscuous company that he might have free access to search anywhere that he thought proper, that he might take with him a sufficient number to facilitate the search, and the he would pledge his honor, that he would not, and should not be injured. Was he injured, we again ask? no. What then have the citizens of Nauvoo done in this particular. Echo answers what!
In regard to the policy of his taking the steps he did, is another question, and not connected with our citizens generally; but we should think, that at that time of feverish excitement when illegal claims had been made by the State of Missouri, and the Governor of this State had endorsed those claims; when rumor, with her ten thousand tongues, was busy circulating detraction, and falsehood; the press teeming with vituperative abuse and falsehood, and the public mind excited to the highest pitch; we think that perhaps he took the wisest course; and our opinion is sustained by that of many intelligent men. That those claims were illegal and the course pursued by Governor Carlin wrong, is very fully shown in an able, learned, and lucid article, written by Justin Butterfield, the U. S. Attorney for the district of Illinois, and may be found in the last number of the Wasp published Dec. 17th.
He states that Governor Reynolds of Missouri had no right to make such a requisition, upon the mere oath of Ex-Governor Boggs, and that the Governor of this State had no right to give him up; we quote the following.
Dear Sir: In answer to your favours [favors] of the 17 inst. Mr. Warren was correct in the information he gave you of my opinion of the illegality of the requisition made by the Governor of Missouri, upon the Governor of this State, for the surrender of Joseph Smith, and that the governor of this State should cause him to be arrested, for the purposs [purpose] of being surrendered I had no doubt but the Supreme Court of this State would discharge him upon Habeas Corpus,-subsequent examination has confirmed me in that opinion. I understand from your letter, and from the statement of facts made to me by Mr. Warren, that the requisition of the Governor of Missouri, is accompanied by an affidavit of Ex Governor Boggs, stating in substance, that on the 6th day of May last he was shot while sitting in his house, with intent to kill, and as he verily believes, the act was committed by O. P. Rockwell, and that Joseph Smith was accessory to the crime before its commission, and that he has fled from justice; that it can be proved that Joseph Smith was not in the State of Missouri at the time the crime was committed but was in this State; that it is untrue that he was in the State of Missouri at the time of the commission of the said crime, or has been there at any time since: he could not, therefore, have fled from that State since the commission of the said crime.' * * * *
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 your obedient servant, JUSTIN BUTTERFIELD.
At that time when the Executive of two States, had either knowingly, and wantonly, or ignorantly, (we leave this for the public to judge) abused the power vested in their hands; and contrary to law, contrary to justice, and contrary to constitutional rights, were using the influence that their position gave them, to injure a free born American citizen; at a time
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