| 704 himself in the custody of the sheriff of Lee County. On the road during their progress they were met by parties of the citizens of Nauvoo; some or most of whom are said to have been members of the Nauvoo Legion; though there is no evidence that they appeared in a military capacity. There was no exhibition of arms of any description, nor was there any military or warlike array; nor was there any actual force used; though Mr. Reynolds testifies that he felt under constraint, and that Smith, soon after meeting the first parties of Mormons, enlarged himself from his custody. Mr. Reynolds also testifies (and there can be no doubt of the fact) that he was taken to Nauvoo against his will. But whether he was taken there by the command of Smith and his friends, or by the voluntary act of the sheriff of Lee County, who had him in custody, does not appear by any testimony furnished by Mr. Reynolds. The affidavit of the sheriff has not been obtained; though there is evidence on the other side to show that the sheriff of Lee County voluntarily carried Mr. Reynolds to the city of Nauvoo, without any coercion on the part of anyone.
"After arriving at Nauvoo a writ of habeas corpus was issued by the Municipal Court of that city, and Mr. Reynolds was compelled by the authority of the court to produce Mr. Smith before that tribunal. After hearing the case, the court discharged Smith from arrest.
"There is much other evidence submitted; but the foregoing is the material part of it to be considered on the present occasion.
"Now, sir, I might safely rest my refusal to order a detachment of militia to assist in retaking Smith upon the ground that the laws of this State have been fully exercised in the matter. A writ has been issued for his apprehension; Smith was apprehended; and was duly delivered by the officer of this State, to the agent of the State of Missouri, appointed to receive him. No process, officer, or authority of this State has been resisted or interfered with. I have fully executed the duty which the laws impose on me, and have not been resisted either in the writ issued for the arrest of Smith, or in the person of the officer appointed to apprehend
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