| 617 Joseph Smith and his friends were anxious to test the legality of the cause of arrest, and at the solicitation of President Smith Governor Ford issued a. duplicate warrant, upon which Joseph Smith went to Springfield and surrendered. He then obtained a writ of habeas corpus from Judge Pope of the Federal Court.
Governor Ford in his history of Illinois states:-
"We turn again to the history of the State as connected with the Mormons. This people had now become about sixteen thousand strong in Hancock County, and several thousands more were scattered about in other counties. As I have said before, Governor Carlin, in 1842, had issued his warrant for the arrest of Joe Smith their prophet, as a fugitive from justice in Missouri. This warrant had never been executed, and was still outstanding when I came into office.
the prospect of escape much more certain. That is like the statement made by Mr. Smith's first messenger after his arrest, to Messrs. Ralston and Warren, saying that I had stated that Mr. Smith should be surrendered to the authorities of Missouri, dead or alive,-not one word of which was true. I have not the most distant thought that any person in Illinois or Missouri contemplated personal injury to Mr. Smith by violence in any manner whatever.
I regret that I did not see General Law when last at Quincy. A previous engagement upon business that could not be dispensed with, prevented, and occupied my attention that evening until dark. At half past one o'clock p. m. I came home and learned that the General had called to see me, but the hurry of business only allowed me about ten minutes to eat my dinner, and presuming if he had business of any importance that he would remain in the city until I returned. It may be proper here in order to afford you all the satisfaction in my power, to reply to a question propounded to my wife by General Law in reference to Mr. Smith; viz., whether any other or additional demand had been made upon me by the Governor of Missouri for the surrender of Mr. Smith. I answer, None; no change whatever has been made in the proceedings. Mr. Smith is held accountable only for the charge as set forth in my warrant under which he was arrested. In conclusion you presume upon my own knowledge of Mr. Smith's innocence, and ask why the prosecution is continued against him. Here I must again appeal to your own good judgment, and you will be compelled to answer that it is impossible I could know him to be innocent; and as before-stated it is not my province to investigate as to his guilt or innocence, but could I know him innocent, and were he my own son, I would nevertheless (and the more readily) surrender him to the legally constituted authority to pronounce him innocent.
With sentiments of high regard and esteem,
Your obedient servant
THOMAS CARLIN.
Mrs. Emma Smith.
-Copied from original letter in our possession.
(page 617) |
