Show copyright secured HISTORY OF JOSEPH SMITH seith 1 JULY T uly 1842 Aill alil earthquake was recently eil eit feit ell iu in dumblane Dum blane cathedral near Corr cori comro irle itle scotland uland fland mondays monday august L 1 A most disgraceful riot is reported to have commenced commented in philadelphia between the colored and white people which continued three or four days wednesday 3 in the city transacting a variety of business in com company paty eaty with general james jamms adams and others brigadier Mig nig adier adler general mison law elected major general of the nau yoo TOO legion by a small majority over lyman IVi hyl glit ight in place of J G bennett cashiered cashi ered thursday 4 in company with 15 others le arnina sword vord exercise with colonel brewer and attending to a it v eriety of business friday 5 engaged in a variety of bu business siness and at gin gln the evening presided in ili the city city coull coun eil tit jl counselor taylor brought forward a i bill to regulate proceeding sin the municipal court ander under habeas corpus the bill was read the first time and upon motion rno ino lon ion ar fur a second reading it was referred i to a select committee namely A alderman spencer and aud t counselors taylor and william law to report therron theiron at the next silting sitting of council I 1 saturday 6 passed over the river to mon trosel iowa in company with general Adar adams risi colonel brewer and others and witnessed tile hie installation of the officers of the rising sun lodge lodgy of ancient york at montrose by general james adams deputy grand master of illinois 1 while tile the deputy grand master was engaged in giving the requisite instructions to the master naster elect I 1 had a conversation witha with a number num berof of brethren it in i the tiie shade of the huil hull building ding on oix the subject 0 of our persecution in missouri and the constant annoyance which has followed us since we mere vere driven from that state I 1 prophesied thit th it the saints would continue to sulter fuffer much affliction and would be driven drivell lo 10 the rocky mountains many would apostatize others would be put to death by our persecutors or lose the their ir lives in pon consequence sequence of disease and some of you will live aliveto to s go 0 and assist in making settlements and build hulid cities and see the saints become a mighty lighty people in the midst of the rocky mountains S sunday 7 at home through the day 1 monday 8 this forenoon I 1 was arrested by the tile de deputy sheriff of or adams county and two assistants on a warrant issued by governor carlin founded ona on requisition from governor rey bolds of AT IV gouri ouri upon the affidavit of ex go gov antior bog complaining of the said smith as being g an an accessory before begore the fact to an assault wi with th an intent latent to kill made by one 0 crockwell P PR on oil lilburn IV boggs on the night of the sixth of mtv M tv AD 1842 brother rockwell was ar rest resi rested edat at the same time tima as principal Ther there ewas wag was DO ijo evasion of the officers though the municipal court issued a writ of habeas corpus according to the tho constitution of the state article 8 and section 13 this writ demanded the bodies of smith inith and rockwell to be brought before the aforesaid court but these officers refused to co so and finally without comply complying inc inz they left them in the care of the marshal wit hott the olg aig original fitial writ by which they were arrested and by aich which only they could he be retained andre turned back to governor carlin for further instructions and smith and rockwell went about their business I 1 have yet to learn by what rule of right I 1 was arrested t to 0 be transported to missouri for a trial of the kind stated staled an accessory to an assault with an intent to kill does not come under the provision of the fugitive act art when the person charged lias has not been out of illinois ac an accessory before the fact to manslaughter eian pian slaughter is something of an all anomaly the isolated affidavit of ex governor B boggs 0 ggs is no more than any other oilier mans and the C constitution says that no person shall be liable to td ba be transported out of the sta state P for an offense offence committed within the same the whole is another missouri farce in fact implied power and constructive guilt as a d anier resort may answer tile the purpose of despotic governments but are beneath the dignity of the sons of liberty and would be a blot on our judicial escutcheon I 1 received a letter from the post office which had bad been broken open and I 1 was grieved at the meanness of its contents r the city council passed til the following ordinance anca regulating the mode made of proceeding ill in eases cases of habeas corpus before the municipal court see sec 1 I be it ordained ined by the city council of the tile city of nauvoo that in all cases where elly ally person or p person A shall shail all ail at any time lime li hereafter beafter ba be arrested or under arrest in this city u under any writ or process and shall be brought before the mu municipal court of or this city by virtue of ot a writ of habeas corpus the court shall in verv every very such case have power and authority and are h hereby reby teby required to examine into the origin and legality of the writ or pr process cess under which such inch arrest was made and if it it shall shail rha eha il ap pr panr to the courts upon sufficient sufficient testimony that said taid writ or process was illegal or not legally i sued or did not proceed from proper authority then the court shall discharge the prisoner froni ironi under said arrest but it if it shall appear to the court that said avrit or process had haci issued from proper prole r authority and was a legal process the court shall then proceed and fu fully lly hear the pie merits of he file case upon which said arrest was made upon such evidence as may be produced and sworn before said court and shall have power to adjourn the hearing and also issue process from time to time in their discretion in order to procure the attendance of witnesses BO so that a fair and impartial uial tu al and decision may be obtained iu in ever every Y 11 such uch case sec 2 and be it further ordained that if upon investigation it shall shail be proven before the municipal court that the writ or process has been issued either through private pique malicious intent or religious or other persecution falsehood or misrepresentation contrary to the ca constitution of this state or the constitution of the united states the said writ or process shall be quashed and aud considered of no force or effect and llie the prisoner or prisoners shall be released and discharged charged u is sec see 3 and be it also fut fat further ther ordained that thai in the absence sickness debility or other ether circumstances cum stances disqualifying or preventing tile the mayor from officiating in his office as chief justice of the municipal court tile the aldermen present shall appoint one from amongst them theia to ao act as chief Jq justice stice slice or Preside president ut pro tempore tema tera pore sec see 4 this ordinance to take effect and be in force from and after its passage passed august 8 1842 HYRUM SMITH vice mayor and president pro tempore JAMES SLOAN recorder A dis disgraceful I 1 braceful and bloody mob 0 occurred c at cincinnati this evening in ard aid about the song sang sans sons souci house tuesday gin gln 9 in company with judge ralston and lawyer powers preparing for the tle return of ilie tile lle ile lie sheriff prepared pre pared a writ of habeas corpus irem from t the master in chancery wednesday lothe 10 the deputy sheriff returned to nauvoo but gut I 1 was absent and bedia bedla not see me or brother rockwell ile he endeavored to alarm my wife and the brethren with his threats ii it I 1 was not forthcoming but they understood the law ill in such ca cases ses and his threats proved harmless thursday JI 11 this thic forenoon brother william law entered into conversation with the sheriff upon the illegality of the whole proceedings in reference to the arrest when the sheriff lodged that thai he be believed joseph was i innocent docent and that governor carlins course which he had pursued was unjustifiable and illegal 1 I spent the day at uncle undo john smiths in in Zarah emla and sent word that I 1 wished to see E emma mm brothers hyrum smith smithy william law and others mith with ith instructions to meet me on the island between nauvoo and mon Mou montrose Ion lon trose after dark emma hyrum william law N K whit 1 ney george miller wiiliam clayton claylon and dimick I 1 B oil oti met at the tha water side near the brick store and proceeded proceed ad in a skiff between the is linds until they arrived near the lower end I 1 and then theil hailed to shore after waiting a very little while the skiff arrived from the opposite shore and in it were myself and brother erastus I 1 11 derby A council was then held in the skiffs and various statements set forth iny ini regard to the ibe he state ef of thin things thins s it was reported that the tha governor of iowa lown had issued a warrant for my ampre hension I 1 IP ision and that of 0 P rockwell and that the sheriff olLee of lee county was expected down immediately dia tely very strong evidence was also manifested that governor reynolds of missouri was not acquainted quain ted with wilh these proceedings that ex gov arnor boggs had bad made oath before fore a justice of the peace or a judge and that the judye ludye judge f J ad made the requisition and not riot governor reynolds also that tile the writ houed by carlin was illegal and unjustifiable it is absolutely certain that the whole business is another glaring instance of the effects effiec ts of prejudice brej udice against me as a religious teacher teachers and that it proceeds from a perse persecuting persecution cutin spirit the parties having si unified signified t their ie i r determination to have me taken to missouri whether by legal or illegal means meang it was finally concluded that I 1 should bo be taken up the river in a skiff and be landed below belov farm so called and that I 1 should proceed from thence to brother edward sayers and there abide for a season this being behrig 1 concluded upon we separated myself and br brother 0 derby being rowed up tile the river riler by brother dunham and the remainder crossed over to nauvoo it was agreed thin that brother albert P rockwood Rock wood should proceed up the river on shore unto the place where the skiff should stop and there light up two fires as a signal for a stopping I 1 place after the boat had bad proceeded some distance above the tha city a fire was discovered on shore shores we concluded that it was the signal and rowed towards shore when near the shore one of the company hailed a person on til tit tie banks but received a very unsatisfactory answer whereupon we turned about and put t to a i the tho channel and upon coming near the middle of the river discovered two fires a little higher we I 1 immediately steered towards the fires and we were happy to find brother brather rockwood awaiting our I 1 arrival we then proceeded through the timber i to brother sayers house where we were very kindly received and made welcome judge ral 1 j ston and lawyer powers departed each forborne for home expressing their perfect willin willingness gness guess to aid us in I 1 every ever possible manner judge ralston also promised to ascertain the state of affairs in quincy and give us the earliest information friday 12 this forenoon it appeared still more evident that the whole course of proceedings by governor carlin carilu and others were illegal after egme consultation with brother William law emma concluded to despatch a messenger with a letter to lawyer powers of keokuk to request him to go to burlington iowa territory and there see the governor of iowa and endeavor to ascertain whether governor reynolds had made any requisition en on him for myself and rockwell william walker proceeded to cross thie the river on my horse jo duncan in sight eight of 61 a number of persons one chief design in this movement was to draw the attention of the sheriffs and public from all idea that I 1 was on the nauvoo side of the river at night William Clay clayton tort and john D parker left iet let nauvoo after dark and came to see me and found me cheerful and in good spirits I 1 saturday 13 this forenoon brother hyrum received a letter from elder hollister Hollist erat at quincy stating that governor carlin had bad said that his proceedings were illegal and lie he should not pursue 1 the subject any further farther the letter also stated that ford the agent to receive me roe from the hands of the he Sheri sheriff fr and carry me to missouri had concluded to take the first boat and start home and 1 that he was going to fetch a force from front missouri I 1 all this my friends thought was only a scheme got up for the purpose of throwing us off our guardo guards that they might come unexpectedly kidnap 1 and carry me to missouri f I 1 had bad sent a request to emma to come como and see me and she had concluded to start in the carbige car ringe but while it was preparing pre paring it attracted the attention of tile the sheriff who kept a close watch of all move movements effs to avoid suspicion emma walked to sister and wilted waited the arrival of the ciri carriage age which passed off down the river with william claythis Clay tois toil and lorin walker with raised cui curtains talus receiving emma by the tha way without any discovery by the sheriff when about four miles down the river the carriage turned on to i the prairie and passing round the city turned into the thie timber opposite farm when I 1 emma alighted aud and walked to brother sayers i and the carriage returned I 1 was in good spirits although somewhat afflicted ill in body and was much trejo rejoiced iced to meet my thy dear wife once more I 1 A report came over the river riper that there are several small companies of men in montrose nashville keokuk ac in search of joseph they saw his horse go down the river yesterday and were confident lie was on that side they swear I 1 they will have him it is said there is a reward of thirteen hundred dollars offered for the apprehension and delivery of joseph and rockwell and this is supposed to have induced them to make search the sheriff and deputy have uttered heavy threats several times saying that if they could not find joseph they tiley would lly liy the city iu in ashes they say they will tarry iu in tiie the city a month but they la 11 will wili find him film great freshet in virginia indian murders in florida and riots in canada are reported in this days wan wasp sunday 14 arent the forenoon chiefly I 1 in 1 conversation with emma on various subjects arid and in leading tending my history wi with h her both felt 1 in i good and v very ery cheerful wrote the fo following lowing letter to wilson wi lson ison law who vas was officially reported to have been duly elected to the office of major general of the nauvoo legion as follows head quarters of nauvoo legion aum aug 14 afu 1842 lod iod i major general law dear Gei gel generali generall general leral I 1 take this opportunity to give you some in how flow I 1 wish you to act in ease case our persecutors persecutor I 1 should carry their pursuits so far fr as to tread up on our rights as fiem flem born american citizens the orders which I 1 am about to give riye you ii is the result of a long series of contemplation since I 1 saw ciyou you I 1 have come fully G to the conclusion flace this last difficulty commenced as well as before belore that I 1 never would summer suffer myself to ga go into the hands of the alive and to go into luto the hands of |