An indictment on these old charges was finally obtained, supposedly at the instance of Bennett and the Prophet's old Missouri enemies, at a special term of the Circuit Court of Daviess county, Missouri, on the 5th of June, 1843. Governor Reynolds, of Missouri issued a requisition on Governor Ford for Joseph Smith, and appointed J. H. Reynolds as agent of Missouri to receive the Prophet from the authorities of Illinois. The story of the arrest and the incidents thereto are given in great detail in the body of this volume, and need not be dwelt upon here. It will be sufficient to say that Joseph finally succeeded in bringing his captors to Nauvoo where he obtained a writ of habeas corpus from the municipal court of Nauvoo by which the validity of the procedure of Missouri might be tested. When Joseph was on trial upon these same charges before Judge Douglas on a writ of habeas corpus in 1841, the Monmouth court refused to enter into a consideration of the merits of the case, as the judge doubted whether on the writ of habeas corpus he had a right to go beyond the writ and inquire into the merits of the case, but ordered the release of the prisoner on the ground of some defect in the writ under which he was held. The same point was avoided by Judge Pope in the hearing at Springfield on the charge against the Prophet for complicity in the assault upon ex-Governor Boggs. But the Nauvoo municipal court had no such scruples, and at once proceeded to try the case exparte on its merits, and Hyrum Smith, P. P. Pratt, Brigham Young, Geo. W. Pitkin, Lyman Wight, and Sidney Rigdon were examined as witnesses. Their affidavits before the court concerning events that happened to the Saints in Missouri, afford the most circumstantial, reliable and exhaustive data for the history of the Church while in that state. They will be found in the Appendix to Vol. III of this history. After hearing the testimony of these witnesses and the pleading of counsel the court ordered that Joseph Smith be released from the arrest and imprisonment of which he complained for want of substance in the warrant by which he was held, as well as upon the merits of the case. A copy of the proceedings before the municipal court at Nauvoo and all the papers connected with the case were immediately sent to Governor Ford, as also were affidavits from leading counsel and gentlemen from outside places. I may anticipate a little by saying that about a year later a jury in Lee county, Illinois, awarded $40.00 damages and costs against Wilson, a sheriff in the state of Illinois, and Reynolds, the Missouri agent, for false imprisonment and abuse of the Prophet, a verdict, which while it confirms the unlawful course of those officers, and the fact that their prisoner was abused, insults justice by awarding such an amount for damages.
At the time of the action by the municipal court of Nauvoo, ordering the Prophet's release from arrest, it was a question in Illinois whether said court had the authority to hear and determine writs of habeas corpus arising from arrests made by virtue of warrants issued by the courts of the state or of the governor, as in the foregoing case; or whether the clause in the city charter granting the right of issuing writs of habeas corpus was not confined to cases arising strictly from arrests made on account of the violation of some city ordinance. The clause in the charter, giving to the municipal court the power to issue writs of habeas corpus was as follows:
The municipal court shall have power to grant writs of habeas corpus in all cases arising under the ordinances of the city council.
And in addition there was the general welfare provision, which provided that the
City council shall have power and authority to make, ordain, establish and execute such ordinances not repugnant to the constitution of the United States or of this state, as they may deem necessary for the peace, benefit and safety of the inhabitants of said city.
It was maintained on the part of those who believed that the municipal court had the right to issue writs of habeas corpus against process issued from the state courts that all the power there was in Illinois she gave to Nauvoo, and that the municipal court had all the power within the limits of the city that the state courts had, and that power was given by the same authority—the legislature. A number of lawyers of more or less prominence in the state professed to hold these views; but little reliance can be put in the support they bring to the case, since all of them were seeking political preferment, immediately or remotely, and would and did in their interpretation of the powers granted by the charter, favor that side of the controversy most likely to please the citizens of Nauvoo. Governor Ford, too, at the time, gave a tacit approval of the course taken by the municipal court in issuing the writ of habeas corpus, though he afterwards became very pronounced in his opposition to the exercise of such powers. His acquiescence appears in this, that as soon as Joseph was liberated, sheriff Reynolds applied to Governor Ford for a posse to retake him, representing that the Prophet had been unlawfully taken out of his hands by the municipal court of Nauvoo: whereupon the governor refused to grant the petition. Subsequently the governor of Missouri asked Governor Ford to call out the militia to retake Joseph, but this he also refused to do, and gave as a reason that "no process, officer, or authority of the state had been resisted or interfered with;" and recited how the prisoner had been released on habeas corpus by the municipal court of Nauvoo. The governor acted in this instance with perfect knowledge of what had taken place, for the petition and statement of Reynolds were in his possession, as were also complete copies of all the documents which contained the proceedings before the municipal court of Nauvoo; and in addition to these sources of information, the governor had dispatched a trusted secret agent, a Mr. Brayman, to Nauvoo, who investigated the case and reported the result to him. It must be held, however, both as a matter of fact and of law, that the grant in the Nauvoo city charter was intended by the legislature only to give power to the municipal court to issue writs of habeas corpus in cases of arrest for violation of city ordinances; and that giving power to the municipal court to test the warrants or processes issued from the state courts was never contemplated by the legislature, and that the passage of any ordinance by the city council that would bring about or authorize any such unusual proceeding was an unwarranted assumption of power, utterly wrong in principle and consequently subversive of government. But whatever opinion may be entertained on the legal point under consideration, there can be no question but what upon the broad principles of justice the Prophet Joseph ought to have been set free. The state of Missouri had no just claims upon him. He had been arrested and several times examined on these old charges now revived by the personal malice of John C. Bennett, and after being held a prisoner awaiting indictment and trial for five months in Missouri in the winter of 1838-9, so conscious were the officers of the state that they had no case against him, that they themselves connived at his escape. After such proceedings to demand that he be dragged again into Missouri, among his old enemies for a trial on these old and time-worn charges, was an outrage against every principle of justice, and was a coarse prompted solely by malice.
Prospecting the West with a View to Removal of the Saints.
It may be that what is here set down with reference to prospecting the west with a view to the ultimate removal of the Saints, can reach no higher from the data supplied by this volume than conjecture; but taken in connection with the well-known projects of the last year of the Prophet's life—upon which now our history, even in this volume, has entered—and the facts to which attention is called appear quite significant. These facts are: The Prophet's remarkable and well attested prediction of 6th of August, 1843, that the Saints would yet be driven to the Rocky mountains where they would become a great people (p. 85 and note;) the several visits of delegations of Pottawattamie Indian chiefs to the Prophet, the body of their people being then settled on the Missouri river nearly due west some three hundred miles from Nauvoo; the appointment of Elder Jonathan Dunham, a man of character and judgment, to visit this tribe of Indians, under the Pottawattamie guide Neotanah; and the incorporation of the journal of Elder Dunham within the narrative of the Prophet's autobiographical journal. The concluding paragraph of Dunham's journal expresses disappointment with his explorations, [D] the object of which since his journey covered something like six hundred miles, and was attended by Indian guides both coming and returning, was not "bee hunting;" but most probably prospecting a possible trail and locating resting places for the Saints when engaged in a great westward movement.
[Footnote D: "I have seen much delightful country, but the prospect for bee hunting is no as good as I could wish.">[