PRESIDENT SMITH ARRESTED FOR RIOT IN RELATION TO "EXPOSITOR" AFFAIR—HABEAS CORPUS PROCEEDINGS BEFORE MUNICIPAL COURT—A CALL FROM ARKANSAS—THE PROPHETS'S DREAMS—MASS MEETING AT WARSAW—LETTERS TO GOVERNOR FORD ON "EXPOSITOR" AFFAIR.

Wednesday, June 12, 1844.—At 10 a.m. in my office.

At half-past one I was arrested by David Bettisworth on the following writ:

STATE OF ILLINOIS,

HANCOCK COUNTY, ss.

The People of the State of Illinois to all Constables, Sheriffs and Coroners of State, Greeting:

Whereas complaint hath been made before me, one of the justices of the peace within and for the county of Hancock aforesaid, upon the oath of Francis M. Higbee of said county, that Joseph Smith, Samuel Bennett, John Taylor and William W. Phelps, Hyrum Smith, John P. Greene, Stephen Perry, Dimick B. Huntington, Jonathan Dunham, Stephen Markham, William Edwards, Jonathan Holmes, Jesse P. Harmon, John Lytle, Joseph W. Coolidge, Harvey D. Redfield, Porter Rockwell and Levi Richards, of said county did on the 10th day of June instant commit a riot at and within the county aforesaid, wherein they, with force and violence broke into the office of the Nauvoo Expositor, and unlawfully and with force burned and destroyed the printing press, type and fixtures of the same, being the property of William Law, Wilson Law, Charles Ivins, Francis M. Higbee, Chauncey L. Higbee, Robert D. Foster, and Charles A. Foster.

These are therefore to command you forthwith to apprehend the said Joseph Smith, Samuel Bennett, John Taylor, William W. Phelps, Hyrum Smith, John P. Greene, Stephen Perry, Dimick B. Huntington, Jonathan Dunham, Stephen Markham, William Edwards, Jonathan Holmes, Jesse P. Harmon, John Lytle, Joseph W. Coolidge, Harvey D. Redfield, Porter Rockwell and Levi Richards, and bring them before me or some other justice of the peace, to answer the premises, and further to be dealt with according to Law.

Given under my hand and seal at Carthage, in the county aforesaid, this 11th day of June. A. D. 1844.

[Seal]

THOMAS MORRISON, J. P.

The Prophet Asserts his Rights Under the Law.

After the officer got through reading the writ, I referred him to the clause in the writ—"Before me or some other justice of the peace or said county," saying, "We are ready to go to trial before Esquire Johnson or any justice in Nauvoo, according to the requirements of the writ;" but Bettisworth swore he would be damned but he would carry them to Carthage before Morrison, who issued the writ and seemed very wrathy. I asked him if he intended to break the law, for he knew the privilege of the prisoners, and they should have it. I called upon all present to witness that I then offered myself (Hyrum did the same) to go forthwith before the nearest justice of the peace, and also called upon them to witness whether the officer broke the law or not.

I felt so indignant at his abuse in depriving me of the privilege of the statute of Illinois in going before "some other justice," that I determined to take out a writ of habeas corpus, and signed the following petition:

The Prophet's Petition for Writ of Habeas Corpus.

STATE OF ILLINOIS, CITY OF NAUVOO.

To the Honorable Municipal Court in and for the said City of Nauvoo:

Your petitioner, Joseph Smith, respectfully represents that he is now under arrest in the said city of Nauvoo.

That he is in the custody of one David Bettisworth, a constable in and for said county of Hancock, who holds your petitioner, as he says by virtue of a warrant issued by one Thomas Morrison, an acting justice of the peace in and for the said county of Hancock, and State of Illinois, which warrant was issued upon the affidavits of one Francis M. Higbee, charging your petitioner with being guilty of a riot, or of having committed a riot within the county aforesaid.

Your petitioner further represents that the warrant of arrest, by virtue of which the said David Bettisworth has made this arrest, does not disclose sufficiently clear and explicit the charge they have preferred.

Your petitioner further avers that this proceeding against him has been instituted through malice, private pique and corruption.

Your petitioner further avers that the design and intention of the said F. M. Higbee in commencing this prosecution is to commit and carry out more easily a conspiracy against the life of your petitioner; and that the said Higbee has publicly declared that it was his determination to do everything in his power to throw your petitioner into the hands of his enemies: and that there is a determination upon the part of said Higbee and his unhallowed coadjutors to commit an unlawful act, and to set the rights and privileges of your petitioner at defiance, and bring down upon his head this corrupt and unhallowed prosecution.

Your petitioner further avers that he is not guilty of the charge preferred against him; that he seeks an investigation before an impartial tribunal, and fears not the result.

Your petitioner would therefore ask your honorable body to grant him the benefit of the writ of habeas corpus, that this matter may be investigated upon legal principles, and that the legal and constitutional rights of your petitioner may be determined by your honorable body. And your petitioner, as in duty bound, will ever pray.

JOSEPH SMITH.

Subscribed and sworn to this 12th day of June, 1844, before me.

WILLARD RICHARDS, M. C. C. N.

Whereupon the clerk issued the following:

Petition of the Prophet Granted.

STATE OF ILLINOIS, CITY OF NAUVOO.

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, of the city aforesaid, is in the custody of one David Bettisworth, constable of the county of Hancock, and State aforesaid.

These are therefore to command the said David Bettisworth, constable as aforesaid, to safely have the body of said Joseph Smith, 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 may be known or called, before the Municipal Court of the said city forthwith, to abide such order as the said court shall make in his behalf. And further, if the said David Bettisworth, or other person or persons having said Joseph Smith 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 12th day of June, in the year of our Lord one thousand eight hundred and forty-four.

[Seal]

WILLARD RICHARDS,

Clerk of the Municipal Court of the City of Nauvoo.