The following notice was issued by the Recorder:
STATE OF ILLINOIS,
CITY OF NAUVOO.
To the Marshal of the said City, greeting:
You are hereby required to notify Phineas Richards, Edward Hunter and Levi Richards, that they have been elected members of the City Council of said city; and Elias Smith, that he has been elected Alderman of said city by said City Council; and the said Councilors and Alderman and Gustavus Hills are required to appear, receive their oath of office, and take seats in said Council on Saturday, the 8th of June, 1844, at 10 o'clock a.m., at the Council Chamber. By order of the Council.
Witness my hand and corporation seal this 7th May, 1844.
[L. S.]
W. RICHARDS, Recorder.
Thursday, 8.—Returned home. At 10 a.m. went before the Municipal Court on the case, "Francis M. Higbee versus Joseph Smith."
The Prophet's Petition for Writ of Habeas Corpus.
MUNICIPAL COURT, CITY OF NAUVOO, ILLINOIS.
Third day, regular term, May 8, 1844.
Before Alderman N. K. Whitney, acting Chief Justice, and Aldermen Daniel H. Wells, William Marks, Orson Spencer, George W. Harris, Gustavus Hills, George A. Smith and Samuel Bennett, Associate Justices presiding.
Exparte Joseph Smith Sen., on habeas corpus.
Messrs. Styles and Rigdon, Counsel for Smith.
This case came before the court upon a return to a writ of habeas corpus, which was issued by this court on the 6th of May instant, upon the petition of Joseph Smith, Sen., as follows:
STATE OF ILLINOIS,
CITY OF NAUVOO, Sct.
To the Honorable Municipal Court and for the City of Nauvoo:
The undersigned, your petitioner, most respectfully represents that he is an inhabitant of said city. Your petitioner further represents that he is under arrest in said city, and is now in the custody of one John D. Parker, deputy sheriff of the county of Hancock, and state of Illinois; and that the said Parker holds your petitioner by a writ of Capias ad respondendum, issued by the clerk of the Circuit Court of the county of Hancock and state of Illinois, at the instance of one Francis M. Higbee of said county, requiring your petitioner to answer the said Francis M. Higbee, "of a plea of the case;" damage, five thousand dollars. Your petitioner further represents that the proceedings against him are illegal; that the said warrant of arrest is informal, and not of that character which the law recognizes as valid; that the said writ is wanting and deficient in the plea therein contained; that the charge or complaint which your petitioner is therein required to answer is not known to the law.
Your petitioner further avers that the said writ does not disclose in any way or manner whatever any cause of action; which matter your petitioner most respectfully submits for your consideration, together with a copy of the said warrant of arrest which is hereunto attached.
Your petitioner further states that this proceeding has been instituted against him without any just or legal cause; and further that the said Francis M. Higbee is actuated by no other motive than a desire to persecute and harass your petitioner for the base purpose of gratifying feelings of revenge, which, without any cause, the said Francis M. Higbee has for a long time been fostering and cherishing.
Your petitioner further states that he is not guilty of the charge preferred against him, or of any act against him, by which the said Francis M. Higbee could have any charge, claim or demand whatever against your petitioner.
Your petitioner further states that he verily believes that another object the said F. M. Higbee had in instituting the proceeding was and is to throw your petitioner into the hands of his enemies, that he might the better carry out a conspiracy which has for some time been brewing against the life of your petitioner.
Your petitioner further states that the suit which has been instituted against him has been instituted through malice, private pique and corruption.
Your petitioner would therefore most respectfully ask your honorable body to grant him the benefit of the writ of habeas corpus, that the whole matter may be thoroughly investigated, and such order made as the law and justice demand in the premises: and your petitioner with ever pray.
JOSEPH SMITH, SEN.
Order of the Municipal Court.
STATE OF ILLINOIS,
CITY OF NAUVOO, Sct.
NAUVOO, May 6th, 1844.
The people of the State of Illinois, to the Marshal of said city, greeting:
Whereas application has been made before the Municipal Court of said city, that the body of one Joseph Smith, Senior, of the said city of Nauvoo, is in the custody of John D. Parker, deputy sheriff of Hancock county and state aforesaid.
These are therefore to command the said John D. Parker, of the county aforesaid, to safely have the body of said Joseph Smith, Senior, of the city aforesaid, in his custody detained, as it is said, together with the day and cause of his caption and detention, by whatsoever name the said Joseph Smith, Senior, may be known or called, before the Municipal Court of said city forthwith, to abide such order as the said court shall make in this behalf; and further, if the said John D. Parker, or other person or persons, having said Joseph Smith, Senior, of said city of Nauvoo, in custody, shall refuse or neglect to comply with the provisions of this writ, you, the marshal of said city, or other person authorized to serve the same, are hereby required to arrest the person or persons so refusing or neglecting to comply as aforesaid, and bring him or them, together with the person or persons in his or their custody, forthwith before the Municipal Court aforesaid, to be dealt with according to law; and herein fail not and bring this writ with you.
Witness, Willard Richards, clerk of the Municipal Court at Nauvoo, this 6th day of May, in the year of our Lord one thousand eight hundred and forty-four.
WILLARD RICHARDS,
Clerk M. C. C. N.
I hold the within-named Joseph Smith, Senior, under arrest, by virtue of a capias ad respondendum.
HANCOCK COUNTY COURT.
To May Term, A. D. 1844.
Francis M. Higbee vs. Joseph Smith
In case.
The day of his caption, May 6th, 1844.
To damage five thousand dollars.
WM. BACKENSTOS, S. H. C.
By J. D. PARKER, D. S.
STATE OF ILLINOIS,
HANCOCK COUNTY. ss
The people of the state of Illinois to the Sheriff of said county, greeting:
We command you that you take Joseph Smith, if to be found within your county, and him safely keep, so that you have his body before the Circuit Court of said county of Hancock on the first day of the next term thereof, to be holden at the Courthouse in Carthage on the third Monday in the month of May instant, to answer Francis M. Higbee, of a plea of the case; damage, the sum of five thousand dollars, as he says; and you have then there this writ, and make due return thereon in what manner you execute the same.
[Sidenote: [Seal]
Witness, J. B. Backenstos, clerk of said Circuit Court at Carthage, this first day of May, in the year of our Lord, one thousand eight hundred and forty-four.
J. C. BACKENSTOS, Clerk.
By D. E. HEAD, Deputy.
This is a true copy of the original now in the possession of William B. Backenstos, Sheriff of Hancock county.
By J. D. PARKER, Deputy.
STATE OF ILLINOIS,
HANCOCK COUNTY,
CITY OF NAUVOO. Sct.
To Mr. Francis M. Higbee:
SIR.—You will please to take notice that Joseph Smith, Senior, has petitioned for a writ of habeas corpus from the Municipal Court of said city, praying that he may be liberated from the custody of John D. Parker, deputy sheriff of Hancock county, by whom he is held in custody on a capias ad respondendum, issued by the Circuit Court of Hancock county, on the first day of May instant, to answer Francis M. Higbee on a plea of the case, etc.; which writ is granted; and you will have the opportunity to appear before the Municipal Court at 10 o'clock a.m. on the 7th of May instant, at the Council Chamber in said city, and show cause why said Joseph Smith, Senior, should not be liberated on said habeas corpus.
[Sidenote: [Seal]
Witness my hand and seal, of court this 5th day of May, 1844.
WILLARD RICHARDS, CLERK M. C. C. N.
The case was argued at length by Messrs. George P. Styles and Sidney Rigdon. After which the court allowed the petitioner and his counsel to proceed with the case. Whereupon President Joseph Smith, Brigham Young, Sidney Rigdon, Hyrum Smith, Orrin Porter Rockwell, Cyrus H. Wheelock, Joel S. Miles, Henry G. Sherwood, Heber C. Kimball, were permitted to testify proving (1) the very bad and immoral character of Francis M. Higbee; and (2) the maliciousness of his prosecution of Joseph Smith. In the course of his testimony the Prophet said: "The only sin I ever committed was in exercising sympathy and covering up their [the Higbees', Fosters', Laws' and Dr. Bennett's] iniquities, on their solemn promise to reform, and of this I am ashamed, and will never do so again." After hearing these witnesses the Judge said: "It is considered and ordained by the court—
"1st. That the said Joseph Smith, Senior, be discharged from the said arrest and imprisonment complained of in said petition, on the illegality of the writ upon which he was arrested, as well as upon the writ of the case, and that he go hence without day.
"2nd. Francis M. Higbee's character having been so fully shown as infamous, the court is convinced that this suit was instituted through malice, private pique, and corruption, and ought not to be countenanced; and it is ordained by the court that the said Francis M. Higbee pay the costs."
[Sidenote: [Seal]
In testimony whereof I hereunto set my hand and affix the seal of said court at the city of Nauvoo, this 8th day of May, 1844.
WILLARD RICHARDS, Clerk.
I copy the following from the Neighbor of this date:
Hurrah for the General! The following which we extract from the St. Louis Organ, shows how the public mind is turning, and what their feelings are in regard to the Prophet, his views and theirs also in regard to the Presidency.
Forebear awhile—we'll hear a little more. The matter is now settled with Messrs. Clay, Tyler and Van Buren. Let Mr. Clay return at once from his political perambulations in the South, Mr. Tyler abandon his hopes of re-election by aid of the "immediate annexation" of Texas, and let Mr. Van Buren be quiet at Kinderhook, that he may watch the operations of the "sober second thought" of the people!
General Joseph Smith, the acknowledged modern Prophet, has got them all in the rear; and from the common mode of testing the success of candidates for the Presidency, to wit., by steamboat elections, he (Smith) will beat all the other aspirants to that office two to one. We learn from the polls of the steamboat Osprey, on her last trip to this city, that the vote stood for General Joseph Smith, 20 gents and 5 ladies; Henry Clay, 16 gents and 4 ladies; Van Buren, 7 gents and 0 ladies.
Attended theatre in the evening.
CHAPTER XVI.
ADDRESS OF THE PROPHET—HIS PROPHETIC CALLING AND THE RESURRECTION—STATUS OF AFFAIRS AT NAUVOO—HYDE'S REPORTS FROM WASHINGTON ON THE WESTERN MOVEMENT—OREGON.