| 618 The Mormons were desirous of having the cause of arrest legally tested in the Federal Court. Upon their application a duplicate warrant was issued in the winter of 1842-43, and placed in the hands of the Sheriff of Sangamon County. Upon this Joe Smith came to Springfield and surrendered himself a prisoner. A writ of habeas corpus was obtained from Judge Pope of the Federal Court, and Smith was discharged."-Ford's History of Illinois, pp. 313, 314.
The editor of the Times and Seasons (John Taylor) in the issue of January 2, 1843, gives a statement of the case, as follows:-
"THE RELEASE OF GENERAL JOSEPH SMITH.
"We are happy to have it in our power to state that the distinguished individual above-named is once more free, and that the illegal prosecution and persecution which has been instituted against him by ex-Governor Boggs, Governor Reynolds, of Missouri, and ex-Governor Carlin, of this State, has terminated successfully in behalf of the innocent and unoffending; and we have had one striking instance of the dignity and purity of our laws being held inviolate, despite of executive influence and intrigue, and the influence of misrepresentation and bigotry.
"Mr. Smith had long been convinced of the illegality of the proceedings which were instituted against him; but he at the same time thought that when public excitement was so great and popular prejudice so strong that it would be hazardous for him to place himself in the hands of any of the minions of ex-Governor Carlin; judging (very correctly) that if that gentleman had issued a writ illegally and unconstitutionally for his apprehension, he might use an unwarrantable executive influence in having him delivered up to the justice (i. e. injustice) of the State of Missouri.
"But while on the one hand he feared and had reason to fear usurped executive power, he as firmly believed that if he could obtain a fair and impartial hearing before the judiciary, that there was sufficient strength and virtue in the laws to deliver him from the unjust influence and maladministration of his enemies.
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