Philander Avery arrived in Nauvoo, having made his escape from his kidnappers in Missouri.

I received the following milk-and-water letter from Governor Ford:—

Letter—Governor Ford to President Smith.

SPRINGFIELD, December 12, 1843.

General Joseph Smith.

SIR:—I have received your favor of the 6th instant, together with the proceedings of a public meeting of the citizens of Nauvoo, on the subject of the late kidnapping, by the people of Missouri and others, of two citizens of this State.

You request to know if any portion of the Legion shall be called out. My answer is, No. The Militia cannot be called out, except in the cases specified by me in my letter to Governor Reynolds, dated in the month of August last, in which I took the ground that the Militia can only be called out to repel an invasion, suppress an insurrection, or on some extreme emergency; and not to suppress, prevent, or punish individual crimes. I still am of the opinion that the ground assumed by me on that occasion is the true one. The prevention and punishment of individual offenses has been confided by the constitution and laws of this State to the judicial power, and not to the executive.

If a citizen of the State has been kidnapped, or if property has been stolen from this State, and carried to the State of Missouri, those who have done either are guilty of an indictable offense. But the constitution and the laws have provided no means whereby either the person or property taken away can be returned, except by an appeal to the laws of Missouri. The Governor has no legal right to demand the return of either. The only power I would have would be simply this: If any of the guilty persons should be charged with larceny or kidnapping, by indictment or affidavit, duly certified, and with having fled to Missouri, then I would have the power, and it would become my duty to make a demand upon the Governor of Missouri for the surrender of the fugitives, to be tried by the courts of this State. I am fully satisfied that in ordinary cases this is all the power I would possess. It would be simply a power to be exercised in aid of the judicial power. Any other powers to be exercised by the Governor would be to make him a dictator and a despot. It is true that an extraordinary case might arise, in which the inhabitants of one State might arise in warlike and hostile array against those of another; in which case a state of war would exist, and then only could I interfere.

I would advise your citizens to be strictly peaceable towards the people of Missouri. You ought to be aware that in every country individuals are liable to be visited with wrong, which the law is slow to redress, and some of which are never redressed in this world. This fact, however, has never been held to be a justification for violence, not warranted by law.

If any of the people of Nauvoo should invade Missouri for the purpose of rescuing persons there in jail, the consequence would be that indictments would be presented against them, and demands made upon me for their arrest and surrender; which demands I would be compelled to obey, and thus they would be harassed by interminable demands and prosecutions; and very likely it would lead to a species of border warfare, which would be exceedingly annoying to a peaceable city, and, if you could be placed in the wrong, might lead to exceedingly unpleasant consequences with reference both to law and public opinion.

You inform me that you are informed that Governor Reynolds is about to make a new demand for you; and you implore my protection from what you term this renewed persecution. In the month of August last, I was furnished by your friends with a very large amount of affidavits and evidence, said to be intended to show cause why no further writs should be issued against you. As they are very voluminous, I have not yet read them, and probably never will, unless a new demand should be made; in which case they will receive a careful perusal; and you may rest assured that no steps will be taken by me but such as the constitution and laws may require.

I am, very respectfully, &c.,

THOMAS FORD.

Comment of the Prophet on Governor Ford's attitude.

It appears from this letter, that Governor Ford has never taken pains to examine the evidences placed in his hands, "and probably never will," in relation to the Missouri writs; and evidently as little pains to examine the Constitution of the United States or even reflect upon the ordinary principles of human rights, to suppose that a State, after having, by a union of executive, judicial and military powers, exterminated 15,000 of its innocent inhabitants, who were not even charged with any crime, robbing them of all they possessed on earth, murdering scores of men, women and children, and expelling all the others from the State, among strangers, in mid-winter, destitute of everything upon the face of the earth that could possibly have a tendency to make life desirable, should be constitutionally entitled to demand back from banishment persons who have thus suffered its absolute decrees of exile, to satiate a yet unsatiated thirst for human blood and torture. O reason, where art thou fled! O humanity, where hast thou hidden thyself? Patriots of '76, has your blood been spilt in vain, that in 1843 the Executive of a great Republican State can coolly say, "I have not yet read them, and probably never will?" Is liberty only a name? Is protection of person and property fled from free America? Let those answer who can.

A Sudden Illness of the Prophet.

Friday, 15.—I awoke this morning in good health, but was soon suddenly seized with a great dryness of the mouth and throat, sickness of the stomach, and vomited freely. My wife waited on me, assisted by my scribe, Dr. Willard Richards, and his brother Levi, who administered to me herbs and mild drinks. I was never prostrated so low, in so short a time, before; but by evening was considerably revived.

Very warm for the season.

Saturday, 16.—This morning I felt considerably better; arose at 10, and sat all day in the City Council, which was held in my house for my accommodation.

Comment on Appeal to the General Government for Protection.