Show p copyright secure secured da 1 HISTORY OF JOSEPH seith selth ian JAN JANUARY NUARY jan tan sunday morning mor nitZ ian jan 1 I 1843 th the speaker of the house of or representatives ned called hed on an afie me to sarwe say yve vee might have the hall foi for preach ine ins this th taday dav had a ril nyi pla pia adint sint interview with willi mr air butterfield judge dorglass Dou Don glass plass senator gillespie and others in ili reply to mr betterfield I 1 stated that the tile most prominent point of dlf dif lifto Trence relice in in sentiment between the lafler latter day saints and sectarians sect arians was that tile the latter were all by some hr creed which de its ils members the ilia privilege of or believing anything not contained therein lh erin whereas tiie ilia iatter dav dac saints have bave no creed but hut are ready lo 10 believe all true trite principles that exist as they are made manifest from time to time at the suggestion sur estion of the company I 1 explained the nature of a prophet if any person should ask me if I 1 were a prophet I 1 should not deny it us cs that would give me the lie for accordi according rg to john the tiie testimony of jestis jesus is the ilia spirit of or prophecy there therefore foie lri iti if I 1 profess lo 10 be a witness or teacher and have ilot not the spirit of prophecy prop hacy which is he the testimony of or jesu iesu I 1 must be he a false witness but bill if I 1 be a true tearl fearl earhar irr and wit ues aes I 1 must possess the spirit of prophecy and that constitutes a prophet and any mail man who wilo ays says lie is a teacher or preacher of righteousness aud denies the spirit of prophecy is a liar and the ilia not in him andly this key false teachers und and im impostors posters may be detected at half past I 1 11 I 1 ami am we ren repaired alred aired to 0 o lile ilia representatives benta senta tives hall hali sherm elder oron hyde llyde preached from flie file he 3rd ard chapter of malachi Malac lii ill to 0 o most of tile the members of tile legislature and the I 1 yar var various lotis department s of the state I 1 dined with judge adams at one pm and at half hair past post two returned to the hall and heard elder taylor preach from 11 revelations relations 14 chap ath and nd verses on oil the first principles of the gospel there them was a respect respectable abie able congregation who listened with good attention notwithstanding the great anxiety to see the prophet I 1 supped cupped at lit br bowmans where I 1 baw saw sister who was one of tile HIP first fruits of f tipe tife th e chirch at colesville Co lesville new york and many more of tile the eints mints at 79 71 1 returned to jadre ju dee A dams jams 4 monday 2 after breakfasting alth illi indge jno ge adams 1 I 1 prophesied in the namo name of the ilie lord that I 1 should not go ito to missouri dead or alive at 9 12 1 2 am repaired to the court room and at 10 judge pope rope took his seat on the he bench bencil accompanied c compa cm p auld nied by several ladies lao iao les leb ies my aly case was called up when mr lamborn Larn born 1113 attorney general of illinois requested the ease case to be continued till the next dav and wednesday morning was wits bet set for my trial bik my aly attorney mr butterfield filed some somo objections to points LO aits nits referred to in tile the habeas corpus and at F half if bastio past 10 I 1 repaired to renate senate lobby and had conversation with several gentlemen dined at the he Ame american rican house arwe rose from table judge brown invited me to his room ard avd inform rd d me he apa wils about publishing a history of 0 Is and wished me ine to furnish a history of the fhe ho rise and p aress ogress ceress of the church of latter day daiv saints to ada add to it at half past I 1 pm returned to general adams A gentleman from st louis told ahat the general impression wa that Smith was innocent and it would be a kind of rive him up that lie ibe he jie ought to be tc uJ lipped tipped a little and iet itt go 1 it l was evident that prejudice re judice was we giving way in the public mind ata at 4 mr air lamborn lamhorn Lam born Lorn mr prentice the ilia tn marshai marshal it and iid lid sortie sorrie some bome half a dozen others called to eee tee me roc the marshal said sold it was the first time during his liis adain admin administration that the he ladies bad had attended court on fon a ridi rial A peculiarly pleasant and conciliate conciliatory ory cry feitli naj re sailed in tile company aird the tile marshal invited me toa to a family dinner when rhen I 1 should be freed freed at 5 went to mr tir tin rin with eeerg eders llyde and richards elder hyde inquired the of the negro I 1 re replied lilied they came into luto tila tho world slaves mentally and physic physically aill alii change their situ situation aton wih wi hh I 1 lie lle whites and they would be ilke lika them they have soula and are subjects of salvation go into cincinnati or aliv any city and find an educated negro who rides in lit his carriage and you will see a man who has lies rien rilen by the powers of or his own mind to lies li ti exalted state of 0 respect respectability a ability the tile slaves in lit washington are more reg ref refined than the president presidents and the black boys wili wiil take the shine shing ot off of those they brush and wait on elder hyde nyde r remarked marked grut nt them on the level and nd tb they will III lil r rise e above me I 1 replied if I 1 raised you to ie a my equal and then ihen aVem pled to oppress prebi you would you not be indignant and try to rise a above ove me as did oliver olver cowdery peter whitmer and many others othera who said I 1 was a fillen wien prophet and they were capable of leading gle gie the people although alti albl ough I 1 I 1 never attempted to oppress them but bat had always been lifting them up had find I 1 anything to do with the negro I 1 would eori coti confine gine fine them by strict law to their own species 3 and put them on a national equalization because faith is wanting the tiie fias are noman no man gince since the world wab was ever had llad faith with willi ut having laving along v i i it it the ancients j quenched the violence of fire escaped the edge of or the ibe sword women received their dead ac by faith the worlds were made A it man mail who wiio has haa none of the gifts has lias no falth faith and lie he deceives himself if he lie supposes lie he has faith lias has bee been want wann clr snot not only among the heathen but in professed ghrist christendom endom also so that tongues healings hewlings proui proul prophecy lecy and prophets and up apostles ostis and all the i gifts and hesing c have been i some of or the tire company thought I 1 was not a very meek prophet so I 1 told them 1 I am meek and I 1 lowly in III heart and will personify jesus for fora moment to illustrate the principle and cried out with a it loud voice I 1 woe unto you ye doctors j woe oe unto you ye law lawyers woe wee unto you ye I 1 sw scribe pharisees pharis ees and hypocrites ac but you cannot find tile the where I 1 ever went that I 1 found fault with their food their drink their house or their lodgings NO NEVER nevert and this is what ilat flat is meant by the tile meekness and lowliness 0 jem iea mr all sillars stated that james blu Alu llone ilone 0 of sih SIn springfield ingfield oid old him as follows 1 I have been to nauvoo and seen joe joel smith tile the pr prophet C phet he had a gray horse and I 1 asked him where lie he got it av and ioe joe said you see bee that white while cloud i yes well weil asli asil as il came along I 1 got tile the horse from that cloud tin this s is a fair specimen of or the 1 ten len thousand foolish lies circulated by this generation to bring the truth and its advocates into disrepute what isit lait ia it that inspires professors of christi christl anity nulty g generally with a it hope of salvation it is i that smooth sophisticated ir fluence of tile the devil devila hy by which lie he deceives the whole world but said mr air Sol soi hirs may alay I 1 not repent and be baptized zd and not pay any attention to dreams visions and other gifts of the spirita spirit I 1 replied suppose I 1 am aim traveling and niri am hungry and meet with a man titan and fell tell him I 1 am hungry and lie he tells me to go yonder there thera is a house of entertainment go and knock and you must conform to all the tha rules of the tiie house or von you cannot satisfy your hunger knock call for food sit down and eat cat ci and I 1 go and knock and ask for ford and sit down to the tabie table lot do not eat shall I 1 satisfy my hunger hungen no I 1 must eat tile the gifts are aro the food and the tile I 1 grace graces of the tha spirit are the gifts of tile tiie he spi spirit rit fit when I 1 first commenced this work aud and had got two or three individuals to believe I 1 went about ZO 20 miles with oliver cowdery n and d only cre ore one cie horse between us u to see them IV when e n we arrived a mob of or about a hundred men meu came upon us before we had lind time to eat and chased us alt all and we arrived baek bark ag in a little after daylight having traveled about GO 60 miles in all and am without food I 1 have often traveled all lacht to see the brethren and when traveling to preach lle ile the lie gospel among strangers have fr been away without willi out food thus the tiie evening was spent in lit conversation and teaching and closed by fly singing and prayer when wilen we parted and elders hyde richards aad myself lay down u upon poll a bed on the floor and enjoyed enjo jo rd refreshing rest till morning tuesday 3 after breakfast called en an sister ister crane and blessed her lier little baby joseph smith and returned to judge adams where we conversed with masars MAss rs trobridge jonas browning and others ott on my old missouri case of treason at hair half past post 9 went to the tile court room and had conversation with ith Mf gars gara butte butterfield afield owen pope rope prentice and others at 12 returned and spent the afternoon at judge adams at dusk the tile marshal marshai called with ai bubi bubl bl cenas for my witnesses spent the eveking evar ng with the breth brethren ren at judae judge adams in a very social mariner manner and prophesied in the name of the lord that no very formidable opposition would be raised at my trial on the morrow slept on a sofa sora as bual while at lit springfield wednesday y 4 at 9 a in repaired to the court room judge pipe P 6 pe on the tile bench and 10 ladles ladies by his side when josiah lamborn La maborn raborn attorney general of the ilia state of illinois appeared and ond moved to dismiss tile the proceeding dings and filed the tho following object objections lops to the jurisdiction of the court viz the arrest and detent detention ion inn of smith vlas ilas was not under at or by color of authority of the united states or crony officer of the united states but under aird atad by color of authority of the state of illinois shy the officers ef illinois 2nd and when a fugitive from justice iu iv arrested b by author rity of the governor of any state upon tile irle the requisition of tiia the gri gro governor vErnor of another state stale the tile courts of or justice justi cp neither nether state tate or federal have any authority or jur to enquire into any facts behind the tile writ my aly coneset then offered to read la in evidence its of several persons showing conclusively that I 1 I 1 aps at nauvoo in ili the dounty county of IIan ilan cok and state slate of illinois on the ilia whole thole of tle tl tio e gih gili and and ath days of may in tiie the J year lear gar par 1842 and on the evenings of those dayi more mot ethan than three hundred miles miler disa alaa it from jackson county in ili the state of missouri where it is alleged that the said boggs was shot she and that I 1 had not been in the state of missouri at any time between ilie ilia ho day of or february and the day of july 1842 the said sald persons having laing been veen with me during illa the whole of that period that on the tile gih gib day of may alay aforesaid I 1 attended an officers drill at nauvoo aforesaid in fit the tho presence or onn a large number of people and on the ath daff may aforesaid I 1 reviewed the tile nauvoo legion in presence of many st housand thousand depole j the reading of these affidavits was objected to by the attorney general of the state of illinois on the grounds illa ilia that it kasnot was not competent to foy for smith to impeach or contradict the return of or the habeas corpus it was contended by my coun boi sol thit I 1 had a right to prove that the return I 1 was untrue 2nd and that the said affidavits did not contradict ile lie ilia said return as there was no averment under oath iri fit said return that I 1 was in lit missouri at the time of or the commission of or the alleged crime or had anstice of that atte the court decided that the said OfHa should be read ili in evidence subject to all alt objections and they were read accordingly all of which will appear on my discharge B S edwards eq esq opened th the a defence in all an animated ani matee speech spee cil cli and made some very pathetic a 11 it iona to cur sufferings suffer Fuffer rings ings in missouri followed by mr air butterfield who made the following points Is t this court ha has jurisdiction the requisition purports oil on its face oce to ba be made aud and the warrant to be issued u under u der the con constitution s u and laws of the united states regulating the th surrender of fugitives from justice 2nd and sec see ath article conati li tullon tulion of united states sec fee of tile the act of Con confess gess cess of feb 1793 when a persons 1 rights are invaded under a law of the united states stales ho lie has no remedy except in the courts of i the united sates slates 2nd and sec 3rd ard article cori COTI constitution titu united states slates wendall ag peters reters 54 1 the whole power in relation to the delivering up of fugitives from justice junice and labor has been delegated to the united states and congress have regulated the tha and anti form in which it shall be a exercised the power is exclusive the tho state legislatures have no right to interfere and if they do their act iare tare void 2nd and and 3rd ard clause of 2nd and sec see ath article conati ution united states 2nd and vol laws united states 16 peters git ath Wheat ons reports 12 wendall 13 all courts of the united states are authorized to issue writs of habeas corpus when the p prisoner I 1 i son I 1 is confined under or by color of authority of the tile united states act of congress Cong rss of G sapt sopt pt 1789 fec fee 14 2nd and condensed 33 3rd ard cranch 3rd ard peters 2nd and the return to 0 o the tile habeas corpus is not certain and sufficient to warrant the arres ayres arrest ayrest t rind find I 1 transportation of smith in all cases oil on habeas corpus previous to indictment the court will look into the ilia depositions before the magistrate and though the commitment be full and in form yet if the testimony prove no crime tile court will d richarge di charge I 1 g a ex parte taylor oth cowen 50 the ilia affidavit tor of boggs does not show that smith was charged with any crime committed commil ted by him in mo nor that lie was a fugitive from justice if tile tiie commitment bo be for a matter iatter for which by bylaw law the ariso prisoner ner is not lieble to 0 o be punished the court must discharge him 3 bacon the execl lve ive ivo of this state lias has no jurisdiction over the person of smith to transport him to missouri unless ulless he iles has fled from that state 3 the prisoner has a right to prove facts not repugnant to the return and even to go behind the return and contradict it unless committed under a judgment of or a court |