| 703 had come to the conclusion to decline ordering out a detachment of militia to assist in retaking Joseph Smith, Jr., who was said to have escaped from the custody of the Missouri agent; and in that letter I engaged to furnish you with my reasons at large for coming to that determination.
"It appears that an indictment was found at a special term of the Daviess Circuit Court, Missouri, held on the 5th day of June last, against Smith, for treason. Upon this indictment the Governor of Missouri issued a requisition to the Governor of this State, demanding the arrest and delivery of Smith. A writ was thereupon duly issued by me for the apprehension and delivery of Smith as demanded. This Writ was put into the hands of an officer of this State to be executed. The officer to whom it was directed immediately arrested Smith, and delivered him to Joseph E. Reynolds, the agent of Missouri, appointed to receive him. The writ has been returned to me as having been fully executed.
"After Smith was delivered into the hands of Mr. Joseph H. Reynolds, it is alleged that he was rescued from his custody by the Municipal Court of the city of Nauvoo.
"Affidavits on both sides of the question have been filed before me, and I also have additional information on the subject contained in a report of M. Brayman, Esq., a special agent appointed by myself to investigate and collect facts in relation to the whole matter.
"The undisputed facts of the case are that Smith was arrested near Dixon, in Lee County; he was immediately delivered over to Mr. Reynolds; Smith immediately brought an action against Mr. Reynolds for false imprisonment, and held him to bail in the sum of four hundred dollars. Mr. Reynolds being in a strange country, and unable to give bail, was taken into custody by the sheriff of Lee County, and held as a prisoner; whilst Reynolds held Smith as his prisoner. The parties finally concluded to get out writs of habeas corpus, and try the legality of the imprisonment in each case. The writs were accordingly issued, returnable before the nearest judicial tribunal in the circuit in which Quincy is situated, and thereupon all parties proceeded in the direction of Quincy; Smith being in the custody of Reynolds, and Reynolds
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