| 619 "Feeling fully convinced of the justice of his cause, he repaired to Springfield, about two weeks ago, for the purpose of obtaining a hearing, (and as he believed,) receiving an acquittal from the District Court of the United States for the District of Illinois.
"The Secretary of State had been instructed to send for the writ issued by Governor Carlin, that Mr. Smith might have the privilege of the habeas corpus and of having the legality and constitutionality of the writ tested.
"But as ex-Governor Carlin, or the sheriff of Adams County, or both, were either afraid of having their deeds investigated or wished to set at defiance the law, the writ was not forthcoming; and after the great hue and cry that has been made about Joseph Smith's fleeing from justice, he was absolutely under the necessity of petitioning Governor Ford to issue another writ before he could obtain a hearing before the court. For the purpose of answering the ends of justice and that Mr. Smith might be legally and fairly dealt with, Governor Ford issued another writ, which was a copy of the one issued by Governor Carlin. Mr. Smith then petitioned the United States District Court for a writ of habeas corpus, which was granted, and he appeared before that court on Saturday, the 30th of December, 1842, and gave bail for his appearance at court on Monday. Mr. Lambourn, the Attorney General of the State of Illinois, appeared in behalf of the State, and Mr. Butterfield was counsel for General Smith.
"On Monday Mr. Lambourn requested of the court a little time, stating that the subject was new to him, that it was one of great importance, that he had not had an opportunity of investigating it, and he hoped that the court would indulge him with one or two days. The court granted him that privilege and the trial was postponed until Wednesday, the 4th of January. Mr. Lambourn objected to the proceedings on the ground that the United States Court had no jurisdiction in this case, and that it belonged to the courts of this State to adjudicate in this matter. He moreover contended that they could not go behind the writ, to try the
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