Show I 1 secure aji ajl 1 4 HISTORY OF yoseph JOSEPH JOSEPH SMITH MAY 1844 thursday k 30 municipal bbb q court met mete at 10 am gyer over which I 1 preil ded as mayor and ami chief justice pres pressia Pr essit ot william marks marka I 1 orson spencer geo IV harris gustavus hails halis and sam bam uel bennett associate justices jeremiah smith sn se n waa wa brought up on habeas corpus from the lug ius custody 1 tody of T B johnson the complainant T B johnsoa johnsin being call cali called edby by the court answered that thai he did not acknowledge e the jurisdiction of this court that his bis writ was only to keep smith until he could get another writ for him that ba had a writ from judge pope and he considered onside red mr smith hib his prisoner and fief he tended this spurt court as lna ift matter of courtesy and if any one offered resistance be he was instructed by government to give their wrote the names odthe of the counsel replied to buch such a subterfuge t C writ M the th bourk it due the court to hear th the e reasons q th the jurisdiction odthe court was not nob no t resided ed T B said he did not come to make a speech iio ilo yas yaa instructed to arrest the min man lie he intended to make no defence he be waban wae was an agent odthe of the united states your writ of h habeas ab as corpus has hay hap nothing more to do with vi ith thib thia case than a man in the moon I 1 have bare not been able to get authority ali all and d didiot did not come coffie to make defene defence 1 reid read fro froal froni m cha cs 13 pen roses handwriting so purporting 33 sec of act sept ath h afo cou Cong eeb ebb ees reea had aon awn agreed ed to wait walt the e decision of thia this court but bue had not a agreed gleed to abide t the e decision james A mccanse was called by the tha cou court rt and asked cdo ado do yoa e to the decision of mr johnson in the mat mattell matter tell terl mccanse would not counsel T B johnson said hs he did did not ask any favors of the couil cour he was a united states agent counselor hogins said if cadee canoe surrenders eunen ders hig his claim lewill not go into the merits of the cai caa case but if canse claims the prisoner we mil will go into the merits counselor hugins read a petition of jeremiah smith for another writ of habeas corpus G P F stiles counsel for prisoner eaid said that johnson had given giyen up lop the prisoner on the first claim T B johnson said lie he did not surrender hi claims had nothing 0 to say about it your own course gentlemen y stiles said he has given him up anthe on the first firs writ and now says he sa sas n nothing about it an and dupon upon this ground we cla claim m a discharge T B johnson said we would be the writ before judge pope I 1 come here an a agent gent of the united states the prisoner been taken out of my hand band I 1 consider illegally I 1 do not came come here to prosecute or to defend writ of habeas corpus there is no law for proceedings pr I 1 know my rights if this thinks things it right to discharge the prisoner le them do it let them do it I 1 do not ask favors of the court I 1 ask justice the of illinois have no power over the united laws let this court discharge him and shall tale take another course ido not ilot say yon you as a court I 1 came here herd to arrest jeremi smith ll 11 i I 1 justice harris asked if be meant to antimi date the court by threats the chief justice remarked that it was duty of the united states and federal government in ent to treat their subjects and with all that c complacency 1 and good hood which they wished in return and to avoid threatening aspect every intimidating harsh treatment he respected the states laws but would not yield up any ceded to them the united states has no to trample our laws lawa under their feet co court rt is bound by oath to support the constitution of the united states and state of illinois and the writ nit rit of habeas corpus the constitution of the united states and habeas shall not be denied if the court deny the of habeas c corpus coreus t they thoy y p perjure themselves the united state states have no right to usurp power to intimidate and the court would see them all destroyed before he would perjure himself we have asked no too power mr smith asked us to investigate we we were bound to do so let the federal government 0 vern ment burl on us their forces odra idra dragoons ac we ve are not to be intimidated mi dated this court is is clothed with the habeas corpus arid and will execute it according to the law 1 I understand some law and eore more justice il stice and know as much about the rights of american merican citizens as any man 1 T B johnson said if I 1 did sav say say sax anything indecorous to the court I 1 take it bak back ll 11 i court responded sll sil allis all is right court ordered that tb the e prisoner be fischli discharged aged the compla complainant having refused to prosecute bis big claim clairoy and that judgment be entered u up R Vs T B johnson as a agent fedt for costs of suit afterwards another petition for another writ of habeas corpus was presented and the writ issued issue dand and tried I 1 copy the minutes from the municipal docket state of or Illi illinois city of nauvoo 0 5 municipal A luul Tuoi cipal court f united states vs jeremiah smith on habeas corpus corpa s may 1844 came jeremiah smith and upon the reading gf and filing the he petition for a writ of habeas habbas corpus to be directed ta to 0 one luther W hickock to have forthwith before the municipal court the body bode of the said jerg jere miah seath upon said writ said writ was granted by the court in accordance with the tho prayer of the petitioner 4 the writ of habeas corpus wag was served ed instanter bythe by the marshal marshai in court and petitioner present which writ with the marshals mars Marb hais hals return thereon is on tiie file in the clerks office the foregoing petition of said jeremiah smith together with a certified copy of the warrant by fj virtue of which the said hickock held the said jeremiah smith in custo custody custock dk ire are arc on file in the clerks office present joseph smith mayor inci anci ana and chief justice and william willia in marks orson spencer george W harris gustavus Gus favus hills and samuel bennett aldermen associate justices luther W V hickock was called b by the court to answer in in the cage case who said he M had a writ from judge pope and should consider smith hib his prisoner until he be was wag compelled to W b ft e him up wanted ah an adjournment I 1 the court informed hickock that Smith was waa their leir prisoner H T hugins H u gins and george P stiles counsel for smi smith th objected to an adjournment as aig there had been two weeks adjourn adjournment me n t for the gov emment to procure witnesses in another jaul sui bui which h had a id closed arising out of fhe the bame same case 1 and which had been abandoned by the prosecuting party T B johnson appeared before the court and said 11 stand here as an hn agent for the gov government ern to act in the cas e of smith anany in any state where he may be found and if we are to go into an investigation on the merits of the case and go behind the writ I 1 mut must have tine time to send to washington for witnesses and adl adi I 1 am a instructed to consult with justin butterfiel esq governor chambers of iowa and mr mcpherson of st louis louls the marshal J P greene greens presented the tile prisoner for trial 1 the coart court ordered the marchal to take charge of the prisoner and have him forthcoming from fron time to time for trial hickock asked for an adjournment until afternoon ter noon hugins said baid if they want to go into the merits of the case we will give them any time but we propose to dispense with the merits and bovea move a discharge on the insufficiency of the papers doctor hickock has no legal author I 1 f P it ity jo to arr arrest est the prisoner sone and rea nea read from rom page 51 revised statutes of 1111 illinois nois gae bec sec T B johnson said he 4 could coo show aw the tile law diffie different rent and asked for 0 one n e desus aks iks adjournment I 1 I 1 t I 1 one p in court adjourned till after dinner 0 to o hear the tha pleas I 1 three pm im court sat the he same as in in the morning H T hubing and nd G george P stiles counsel for smith read and ard fied filed teel twel their plea piea moving the we court that said slid smith be discharged edana and sf to go at large because be caus the person issuing t the warrant on which hohas he was has been arrested insun 3 unauthorized authorized to iside issue the same g 0 f 2nd and because the process ss ha has bas been issued in in a case and under circumstances where the law ao does es noi not no allow process ard 3rd Because the pe person havia having nj custody 0 of f said saia smith is 13 unauthorized to execute the warrant under which he ha is acting and is 13 not the person empowered by liv kaiv to detain datwin him ath because said smith has been by and before before a competent court cour legally degalla examined and discharged in in relation to the subject matter said baid warrant warr a n I 1 fth beca because s e said writ is d defective in a substantial form required by law L IV W hickock was called lind and persisted persisted ers isted in in considering the authority under ndel which be he acted good and sufficient 1 l coun conn counselor i flugins ur urged ed the L ind 2nd and count in in his hig plea and read from the constitution of the united un fed states art 4 2nd and bee sec 2nd and par ard 3rd cout court read revised St tules of ill lii 11 page 51 sec 99 ind md p ath count read t the e certificate ot JohnS 8 dunlap clerk of the district court for oi of D Desmoines lowa Jowa territory dated may 1844 a copy of which is is aa on file in in the clerks office L W hickock sai sal said sald d he be had nothing to sa bay eay ya and the case cas casenas ewas was submitted DECISION the court couri is 13 of opinion when they take into consideration their theer oath to support the constitution odthe oi the united states that the tb certificate of jqhn john S dunlap clerk of the district court fop foy the county of desmoines territory of lowa iowa is is sufficient to authorize the dip discharge charge hf the ihl pris prisoner onel because the con says no person shall twice be put in deop jeopardy ardy of life for the e same offense offence the decision of the goot court is that the prisoner soper bi be discharged on all the points for which plea has been made in in his bf bh behalf alf and iid that judgment be entered against the d prosecutor for costs evening T 13 johnson was going to bur t ling tori tong tonj jeremiah jereniah smith swore out an exe ui tion for csir mr johnon johnan joh n came forward and acknowledged the fee b and afterwards afterwards threatened to birin bring the dragoons in order to geo gee jeremiah mr hickock kocl call called ed for a copy of the I 1 af pf pro ol 01 of the municipal court I 1 wrote the feil fell following 0 lang letter to judge popi pope 7 naboo Nau roo oo may alay 18 1844 41 sir permit ms me to introduce to your our ar cular notice ami confidence as brethren 0 of t the W m bue she tier M ain air jeremiah smith of iowa owa territory er rito and mr H T hugins of Burl buri moo mon tan in in eaid said ite territory ir smith is A a gen gentleman tieman choss whis stae ments menta can tan be relied on and mr hugas U ra ad a lawyer of sound principles as weli well w 11 as pr promising talents and I 1 always alwa s take pleasure in n ei extending tending the reputations of honorable men among honorable men espee especially aily ally when it appears tome to me that th tiro benevolence benei benel olence and clemency clemmey e extended b by ma me is 13 needed and aa nie vie by bf worthy men conscious too that your honor is liberal ad atad just wt in in your Y ar sphere and will ftp appreciate preci ate the golden jolden rule I 1 have ave only to gre greet greel you with ray tay my best wishes for foi your welfare anda happiness i att fl R respectfully I 1 have the tha honor to b be aoi 4 houi humble serva serve servant k JOSEPH SMITH f judge pope 11 7 A 4 presidential election was recently held on or boar board tp uie osprey and the result was is as joi foi follows joseph smith saith 65 63 g gentlemen and 6 ladies henry clay olay ac t tc 3 it t yin buren 12 t cc cc i 1 0 c friday 31 state of illinois city cit of nauvoo S ss t mayd 1844 then and there personally ipe ipp appeared ared before smith SmithA layor of the cit cli of Nau nauvoo the H T hub hug hugins ding ging of 0 burlington iowa territory ad I 1 made solemn oath that thomas thom as 13 johnson did on the day of caf 1844 declare in hlo hio presence that lie he intended to bring dragoons and troops of the united states Shoni iowa territory into this city for the purpose abse of resisting the authority and aind power of the municipal court of oi 1 said city and that thai he should disregard entirely the authority of baid said bud court and that he deemed the authority of said court of no effect deponent further states that said johnson in in hig bie said had reference to the case of jere smith which had been decided by said court t if T subscribed and sworn to io before me this am lay dy of may Mak 1844 WM W PHELPS clerk M C upon the fore foregoing goin affidavit I 1 issued a capias 0 arrest arresta arr estT T B don ion for threatening threatening threat enin g the bace of the city with united states dra dragoons it at 10 a in called at my office at one pirl p m called sailed to see aee sister slate richard richardo who was wap wa sick I 1 administered to ilar hey the laying laying on of 4 hands binds bands when she felt better afternoon I 1 attended general council when bro bio emmett made his hia i relio report it rode bode out in in the elenin evening to van or oi donys dons and paid him iou lou two or thred tired three ind i lads staid in the hall all ill night hight 11 saturday june 1 A at t home homa some gentle scowls sh r 1 at ohe one one ohe pm ism diode out with dr richards and 0 0 P rockwell called callejon cal cai ledon on Dav davis igat at the th 6 boat paid manhard 90 me rae george J t adams adama 4 k ani and paid him 50 30 then went to ta john P 1 Green greeh greens greena 19 and paid him and another brother brothen i drank a glass of beer be er at bloesser Mo essers 3 called i at william claytona claytons Clay tons while dr richards anil and i 0 P rockwell called at the doctors new house returned home at 41 4 pm at AL 8 pm peter maughan john Sap saw saunders riders liders and jacob jaco peart pea r caie called cale at 1 dr pr richards Rich arail ardil eto ito to coil coli consult sult suit about a coal bed on rock river I 1 ak suggested that it would be prof proA profitable table tabie to employ einok the maid of iowa in the business of carrying the coal ac and all approved of this plan pre president aident byoung and elder john E page paga held a conference in pittsburgh I 1 I 1 received the following letter boston poston may ab 1844 6 alydia my dear r cir sir sir 1 ji being baing BO 80 cio clo closely iela lela confined iii in ete t the post office in this city where IP I 1 have bave ve been i but a short time have not before this forcing mor cing being dware aware aware that you had petitioned congress in relation to t raising a military farce to protect ob our r southern frontier my purpose in i addressing you Is is to offer my services either in in military or civil duty aa as I 1 am so go much confined that my health must suf k fer if I 1 remain a great I 1 length e nath of time I 1 if I 1 can make myself known to you yoa b by y re reputation A pu which I 1 think possible I 1 have every confidence 1 if in irk your power you yow will favor fayerm my wishes 1 1 1 1 at any rate hope you will 1 write me ahyou 4 r 1 earliest convenience u c n r celpa of this I 1 |