Municipal Court Minutes in the case of Jeremiah Smith.

STATE OF ILLINOIS,

CITY OF NAUVOO, Municipal Court.

United States, vs. Jeremiah Smith, on Habeas Corpus.

May 30th, 1844, came Jeremiah Smith, and upon the reading and filing the petition for a writ of habeas corpus to be directed to one Luther W. Hickock to have forthwith before the Municipal Court the body of the said Jeremiah Smith upon said writ. Said writ was granted by the court in accordance with the prayer of the petitioner.

The writ of habeas corpus was served instanter by the Marshal in court and petitioner present; which writ with Marshal's return thereon, is on file in the clerk's office.

The foregoing petition of said Jeremiah Smith, together with a certified copy of the warrant, by virtue of which the said Hickock held the said Jeremiah Smith in custody, are on file in the clerk's office.

Present, Joseph Smith, mayor and chief justice; and William Marks, Orson Spencer, George W. Harris, Gustavus Hills, and Samuel Bennett, aldermen, associate justices.

Luther W. Hickock was called by the court to answer in the case, who said he had a writ from Judge Pope, and should consider Smith his prisoner until he was compelled to give him up. Wanted an adjournment.

The court informed Hickock that Smith was their prisoner.

H. T. Hugins and George P. Stiles, counsel for Smith, objected to an adjournment, as there had been two weeks adjournment for the Government to procure witnesses in another suit which had closed, arising out of the same case, and which had been abandoned by the prosecuting party.

T. B. Johnson appeared before the court and said—"I stand here as an agent for the Government to act in the case of Smith 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 must have time to send to Washington for witnesses; and I am instructed to consult with Justin Butterfield, Esq., Governor Chambers of Iowa, and Mr. McPherson of St. Louis."

The marshal, J. P. Greene, presented the prisoner for trial.

The court ordered the marshal to take charge of the prisoner, and have him forthcoming from time to time for trial.

Hickock asked for an adjournment until afternoon.

Hugins said—"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 move a discharge on the insufficiency of the papers. Dr. Hickock has no legal authority to arrest the prisoner," and read from page 51, Revised Statutes of Illinois, sec. 399.

T. B. Johnson said he could show the law different, and asked for one week's adjournment.

One o'clock p.m., court adjourned until after dinner to hear the pleas.

Three o'clock, p.m., court sat, the same as in the morning.

H. T. Hugins and George P. Stiles, counsel for Smith, read and filed their plea, moving the court that said Smith be discharged, and suffered to go at large.

1st. Because the person issuing the warrant on which he has been arrested is unauthorized to issue the same.

2nd. Because the process has been issued in a case and under circumstances where the law does not allow process.

3rd. Because the person having custody of said Smith is unauthorized to execute the warrant under which he is acting, and is not the person empowered by law to detain him.

4th. Because said Smith has been, by and before a competent court, legally examined and discharged in relation to the subject matter set forth in said warrant.

5th. Because said writ is defective in a substantial form required by law.

L. W. Hickock was called, and persisted in considering the authority under which he acted good and sufficient.

Counselor Hugins urged the first and second count in his plea, and read from the Constitution of the United States, Art. 4, 2nd sec, 2nd part, 3rd count, read Revised Statutes of Illinois, page 51, sec. 399, and page 324; 4th count, read the certificate of John S. Dunlap, clerk of the District Court for the county of Des Moines, Iowa Territory, dated May 21st, 1844, a copy of which is on file in the clerk's office.

L. W. Hickock said he had nothing to say; and the case was submitted.

DECISION—The court are of opinion, when they take into consideration their oath to support the Constitution of the United States, that the certificate of John S. Dunlap, clerk of the District Court for the county of Des Moines, Territory of Iowa, is sufficient to authorize the discharge or the prisoner, because the Constitution says no person shall twice be put in jeopardy of life for the same offense. The decision of the court is that the prisoner be discharged on all the points for which plea has been made in his behalf, and that judgment be entered against the prosecutor for cost.

Evening, T. B. Johnson was going to Burlington. Jeremiah Smith swore out an execution for $77.75. Mr. Johnson acknowledged the fee bill, and afterwards threatened to bring the dragoons in order to get Jeremiah Smith.

Mr. Hickock called for a copy of the proceedings of the Municipal Court.

I wrote the following letter to Judge Pope:—

Letter: Joseph Smith to Judge Pope Introducing Jeremiah Smith.

NAUVOO, May 30, 1844.

SIR,—Permit me to introduce to your particular notice and confidence as "brethren of the mystic tie," Mr. Jeremiah Smith of Iowa Territory, and Mr. H. T. Hugins of Burlington, in said Territory Mr. Smith is a gentleman whose statements can be relied on, and Mr. Hugins a lawyer, of sound principles, as well as promising talents; and I always take pleasure in extending the reputations of honorable men among honorable men, especially when it appears to me that the benevolence and clemency extended by me is needed and merited by worthy men. Conscious, too, that your Honor is liberal and just in your sphere, and will appreciate "the golden rule," I have only to greet you with my best wishes for your welfare and happiness.

Respectfully, I have the honor to be,

Your humble servant,

JOSEPH SMITH.

JUDGE POPE.

A Presidential election was recently held on board the Osprey and the result was as follows:—

Joseph Smith, 65 gentlemen and 6 ladies.
Henry Clay, 27 gentlemen and 3 ladies.
Van Buren, 12 gentlemen and 0 ladies.

Friday, 31st.—

Affidavit H. T. Hugins, Anent Threat to Bring Dragoons Against Nauvoo.

STATE OF ILLINOIS,

CITY OF NAUVOO, ss.

May 31, 1844.

Then and there personally appeared before me, Joseph Smith, Mayor of the City of Nauvoo, the undersigned H. T. Hugins, of Burlington, Iowa Territory, and made solemn oath that Thomas B. Johnson did, on the 30th day of May, 1844, declare in his presence that he intended to bring dragoons and troops of the United States from Iowa Territory into this city, for the purpose of resisting the authority and power of the Municipal Court of said city, and that he should disregard entirely the authority of said court, and that he deemed the authority of said court of no effect. Deponent further states that said Johnson, in his said conversation, had reference to the case of Jeremiah Smith, which had been decided by said court.

H. T. HUGINS.

Subscribed and sworn to before me, this 31st day of May, 1844.

WM. W. PHELPS, Clerk M. C.

Upon the foregoing affidavit, I issued a capias to arrest Thomas B. Johnson for threatening the peace of the city with United States dragoons. At 10 a.m., called at my office. At 1 p.m., called to see Sister Richards, who was sick. I administered to her the laying on of hands, when she felt better. Afternoon I attended general council, when Brother Emmett made his report. Rode out in the evening to Van Orden's, and paid him $100. Two or three Indians staid in the hall at night.