Show I 1 copyright HISTORY Y OF or JOSEPH S SMITH s ati eti gust CUST 1843 mt but whether he h e AV is t iken ilen the by the command of smith and ti s friends or hy by the polut tary act ot of the sher if of lee cu co i ity who hau had liim film in custody does not rit appeal liy b any euly testimony furnished famished by mr i the affa affi i davit of the sheriff has h is not been heen b en obtains thou ii there is ii an et evidence on the other sid aid to sg show that the of lee comity co uty nty voluntarily carried mr reynolds reya Reva olds to the city of nauvoo without any coercion on the part of any one after arriving at a writ of habeas corpus corpas was ivas issued by the municipal court lii 0 that city and mr I 1 re reynolds key ley was compelled b th the e authority of th the e co cwik i i t to produce ice mr smith before that tribunal after hearing the case the court dischar discharged pd sinith smith from arrest there is much other evidence submitted but the foregoing is the material matei matel ial lal part of ity iti it to be considered on thie the pre present seit occasion now bir air I 1 might safely rest my cay refusal to order i a detach detachment meat of militia to assist in r re e taking smith upon tha ground that the laws lairs of this state have been fully exercised in the matter A writ has been iss ted ed for his apprehension smith was apprehended and was duly I 1 delivered by the officer nf of this thia state to the agent of the state of missouri appointed to receive him film no process officer or authority of his this state has deen been resl resi resisted or interfered v ith i I 1 have fully executed the duty which the laws lairs impose on me and have not been resisted either elther fa the writ issued for the arrest of smith or in the person of the tile officer ali ale appointed pointed to apprehend him if there has been any resi resl resistance stalle e to any one it has been to the officer of mis sour couri after smith came to his liis custody and every every tiang had been done on my part which the law aw warranted me in doing doings another objection to ordering a detachment of militia arises out of the militia iau lau a s of this state the forty third section of which is da ds fol foi follows lawe whenever it may ba necessary to call into actual orvice service any part of the milita of this state on a requisition of the ejective exec tive of jile ilie united states on ari alo actual or threatened invasion of this thia Stat slate eor eon or anhof any of neighboring the states or territories dlf if the united states the commander in chief shall forthwith demand from each division a detachment in proportion to the strength ther thereof eor except as bi b i ein eln after excepted which order shall be deli dell delivered ered bya by a mes messenger several commandants 01 divisions divis tons fons specifying the number demand demanded td from each division division the time anyplace and place of rendezvous dez rous dous if ordered ordered to mal mat kiich mulch cb and and if the same be detached under any particular act of the united states to endorse the tile same on such order provided that whenever the safety ot of any ot of the frontier aler AIer in this thia state shall hi the opinion of tha the governor require it he tie may exempt the militia in ili sich settlements frony from being heing called into service and aud make such further provision for the th defence as the naceb ity of the cas case e may require which exemption nati shan shah le be expressed in in his Ls orders to commandants of the divisions divil divis lone ioos nho who together with the commandants of brigades regimes t battal loas lons and companies shtil shill eh x ll 11 govern themselves accordingly and ded I 1 also that such militia men may be required to serve aerie as spits spies on their own frontiers and that on agtual invasion or any extreme emergency the command er lri fri commandants of f divisions brigades battalions and conn corn companies riles tiles may call on the whole or any part orthe of the militia tinder under their respective commands as the tile nature of the cise case may require who shall cont continue iDue in service if hec esmy esay until the militia can be regularly called kulii oui oai the governor has no other authority in calling ing ont out the ini int militia a than that which is con can 9 in a this section by which it appears that there must mst be either a requisition from the president an actual or threatened invasion or ome some extreme emergency to warrant the bov dov governor in exercising ing this power no one ot of contingencies has aifsen there has been no requisition from the tho president there has been no actual or threatened invasion ol 01 the state nor is this such an extreme emergency as Is contemplated d by the law U I 1 we allow that force was exhibited anc threaten threatened edy edt td to compel your agent to carry hu his prisoner before the of nauvoo hat the court thed then took cognizance of lh aas wout without jurisdiction and against the con coo sent of your our agent it would amount at most to a i r 0 and to 0 o a ry resistance si of authority in in a singie single si ie case c ise tse and that too under color of law and ai 1 legal loal process to constitute an extreme em emergency C rg ge ilcy ticy so aa as to justify a call for the militia there ought in my opinion to be something more than a mere illegal act something more than a design to resist the law in a single e the drs agn oti ht to be Pe cheral rient as in dreison tr eison elson bisoi rebellion or in ii b h ca cei cases an universality of deign is essential to constitute the oile ot lence ice if a person pelson resists a constabce con or sheriff or other offic r charged avith the execution of process i with an intention to resist the law in that par particular cicula r instance such an act is is a mia mis at mos s indictable aa as alich huch ai a d in may ty be medby met by the thi posse comitatus bit something more than a mere misdemeanor fiust hae have been contemplated ed by the law it would seem to me that it could never have been intended that the governor should call out the militia mi ritia in every case where a constable or sheriff sheriff may be resisted and even in a case of a riotous noto is resistance it would not be an extreme emergence emer emergency genc siow skow ai without some military array some warlike show or some threatened resistance to the government itself in this case there has been no warlike array in in the proceedings I 1 of smith and his friends no exhibition of arms and no actual force of an all illegal character mr reynolds was not subjected to illegal imprisonment lie ile was arrested on lawful process and although that process may have been wrongfully obtained yet his arrest was not riotous or tini unlawful but according to the forms of law mr remolds continued in the custody of the by virtue r of that process until he lie was taken t to 0 nauvoo and although he was talen to that city cly against his will and was by that means compelled to take his prisoner there yet was he be taken by lawful process by an authorized 0 officer who acted so far as I 1 have any evidence freely and voluntarily in so dohn doing in no one on aspect of the case can I 1 consider consid eTtlie the present presed t an extreme emergency warranting a call for the militia according to the provisions of law lii m this state thus sir I 1 have stated to you von the principal reasons which have influenced mo in refusing refusing to order a call of the militia to iny my min mind mina they are entirely satisfactory and I 1 hope they will meet with the approval of your excellency and the citizens of missouri I 1 have the honor to be your excellency excellences 3 most obedient servant THOMAS FORD tuesday 15 went in the event evening t t to 4 sat see mr la forest exhibit feats at or strength wednesday ib 16 at 10 am attended the funeral of gen jamey JamR adams who was buried wath with masonic honors I 1 sent sidney Rig dons dona affidavit to governor ford th thursday 17 I 1 held mayors court through the lay day and tried several suits elders P P pratt and 0 hyde nyde started from nauvoo Nii nil for boston via chicago elder J M grant wrote me a letter reporting the church in in philadelphia to be in a arps berous condition friday 18 conversed with mr swartout of and 1 ought blought from him thirteen attar quarter 1 sections of land visited visite d the lumber yard elders yom tom young and kimball visited mau man mount rit tit holly new jer ji isey dey sey I 1 saturday day 19 CHEAT MEETING or antl ANTI mormons cormons Mor mon mo MONs is at a public meeting or of the citizens or hancock cout county ity without distinction of pa party arty I 1 held at t I 1 lie the court house in carthage in pursuance of previous ions ious notice on saturday the bolt of augst aug st AD 1843 major reubin GRAVES was called co 6 the 1 bair chair and wal wai 1 I appointed I 1 si secretary cretaro cre tary the tic object of the meeting was then I 1 state stated by valentine wi wilson ison lson in an animated i address the meeting was afterwards addi dressed eased cased by walter bagby daiy and also by hilam nilam B bov dov ie of adams county on 11 motion of I 1 F J bartlett a committee of nine was appointed by the chair to draft and report resolutions for the action of the meeting t F J bartlett walter nagby bagby valantine wilson G M swope R T nit Alt dison J A bebee john wilson henry hunter and jolan camer Cai car 9 n were appointed that committee after a short absence the committee submitted the following your committee respectfully request to be excused from making a formal report at this time owing to the short time allowed them and the importance of the business that ilas lias called us together and ask to ta be discharged from further dutle dutie and recommend that n 1 committee of six be appointed to draft resolutions and make a report to an irl lit ing i whereupon the following follow ing eng gentle hien were ivere ap appointed 0 anted to compose that committee viz walter V alter bagby F J bartlett stephen owen stephen II 11 tyler valentine wilson Wits arld arid joel bat weston the meeting then adjourned to meet at this place on the tho gh gut of sept next u at t oclo ocio tk pm i REUDEAN GRAVES CRAVES chairman Chair inan iaan IV D secretary sunday 20 1 I 1 was at home all day my brother hernia preached at dt the a stand ta nj and sidney rigdon read a copy of a letter to shew the people tha thattie e was not guilty of treat h ery cry INI ondy monday 21 I 1 received a letter from mr rl patrick covering one from I 1 mr fr J H hall hail 11 of independence missouri brea breathing things hard things i ia i 3 i is a as a i beope boj poj e I 1 we n e ios ins i ost nsf ruc ions jons 13 to to hue huc alue thein copied coined wih with ane lal idl remarks kiil and seid scia st it to G iv v ford font the foi fol following lowin llie ilie 13 s a copy of the letter with the comments R of the nei nel neighbor abor thereon independence mo ma avy 23 mv leir lear ol old 01 friend your letter dated on the pie 1 ii 1 b in ani 1 a 0 clio dinst is jiust at hand band ani not being able to answer your our ques q ies les lolis loiis lions correctly or adv adi advise ise iso you judicial judicially v lri iri relation to the rockwell case cas until after I 1 se sei him and some others of my m irl iri friends ends I 1 wil will post pone that part of this thia letter until tomorrow to morrow morro and in the meantime will siy say such things as I 1 can write about without much reflection sheriff reynolds upon his return gave me his compi compliments ments from you yon an and d for the first line line irne I 1 learned that you yo i resided in illinois ile he also gave a narrative of his adventures adv adi ensures in ili your state which was anything but fa favorable either to the reputation of your people 1 or you erton self seif as a law abiding people or a profound or hon est lawyer certainly there can b bi but little virtue in the community i and little honesty n the officers of law who will tr upon the th forms of justice the laws of the country all ail and bid open defiance to both in in the manner manne r that fh it I 1 sherif sherlf sheriff fR R informs us that you acted with him after his arrest arnest of the mormon prophet that the slate state courts have hare a right igou 11 on a writ of habeas corp corpus to investigate the legality of al all ail I 1 I 1 imprisonment within thir their respective chartered chattered limits whether such imprison imprisonment mett is by bv the authority of at the unit united ed states or of a state no sound lawyer perhaps will daube but it is equally certain that no court upon such writ has any right to go beyond the borins and the prima facia evidence of the case casp if the othi olli 1 cers cera of courts and the community comini anty are so cor rupt bupt rup as to disregard diere ard their on laws and pie them under their feet and lib rate their crimi criminals nils in fa de deblance defiance glance flance of law then it appears to I 1 me that the power poirer of self gov goi arnn e it is extinct if illinois by her own atit ailt authority h arity canerot capture the prophet it will be but a small matter to raise volunteers enough b here hare ere to rde razo the city of nauvoo to the ground if whims fails falls to deliver up jo smith there will be something serious between the two states missouri sel vei will if have hae jo smith for trial or imp impose ose as pow I 1 j erful restrictions as the wu wilF alow rallow upon the intercourse of the of illinois in missouri if the governor of illinois is is so 1 imbecile as to allow his warrant to be disregarded 1 crded by the mormons cormons Mor mons and perm perin t the pro prop 1 fh phet et to go at large then let him be impei impeached ched and a new honorable energetic man be placed in his stead I 1 have havo it from a high source that missouri will hold the whole state saie responsible for the treatment of our messenger and for the delivery deliver dellver of the be prophet had you yon liberated the prophet by a regular writ of habeas corpus I 1 1 without mistreating gun dun our oun reynolds I 1 should have gibriel in my acquaintance 1 with I I 1 tj I 1 0 ou 11 1 ba adt t to have done it in in the manner it was w is E done anere reflects no honor either on yourself your our people j or your government the mord Morn cormons mormons lons ions are only a lawles lawies lawi essi effi and I 1 fear tb til pestilence has hais contaminated the whole comm community unit and ana in i if reynolds Reynol dey del opinions be correct 3 01 I 1 the rest holy jo was not afraid of the in i i justice of our people itis the tile just punishment and their violated laws lairs that hs he feals I 1 will now give you yon ou an impartial opinion of the prejudices against rockwell ell eli here and opinion of his eulit guilt there Is not a man in this community but b it believes him hini g guilty there 1 I here is a chain of circumstances a ainest ginst him so s strong trong that no rational man can doubt hta bia glint I 1 was w is at bo bogy Is s house houge two minutes after th deed i it t is 13 in in sight of mine and ind the insidious inside ous ness nebs of the offe ite it e renders ren reu dra drs it difficult to restrain res tul tol Tui the c tiei tiel s froni front h ini ig him up without judge or jury bo so far however ue e have baie succeed succeeded id in in git but sheild lie he be discharged upon trial tile the power of man cannot save sive him bim urn more fore lore tomorrow to morrow morron J HALL nall 11 the foregoing fu letter ietter IP tor avas was sent flom J hall of independence I 1 Ms Nl sauri spun spurl to a res actable lawyer of or dixon ill lil and by him wit with an ex placatory plan atory letter enclosed and forwarded to gen smith of this |