June 30, 1843 (continued.)—As soon as we arrived in the city, the Municipal Court came together, when I told them, "The writ of habeas corpus granted by the Master in Chancery at Dixon was made returnable to the nearest court having jurisdiction; and you are that court."
A requisition was made on Reynolds to return the writ, who refused, when I signed the following petition:—
The Prophet's Petition to the Municipal Court of Nauvoo, for a Writ of Habeas Corpus.
To the Honorable the Municipal Court of the City of Nauvoo, Hancock County, and State of Illinois:—
Your petitioner, Joseph Smith, Sen., who has been arrested by and under the name of Joseph Smith, Jun., states on oath that he is now detained as a prisoner, and in the custody of Joseph H. Reynolds, in the said city of Nauvoo and state of Illinois, who claims to be the agent of the state of Missouri, and that your petitioner was arrested by one Harmon T. Wilson, by virtue of what purports to be a warrant issued by his Excellency, Thomas Ford, governor of the state of Illinois, in the county of Lee and state of Illinois, and by said Wilson, your petitioner was delivered into the custody of said Joseph H. Reynolds, at and within the county of Lee, aforesaid; that said supposed warrant so issued by his Excellency, Thomas Ford, governor as aforesaid, and the arrest thereupon and the imprisonment consequent thereupon by said Wilson, and afterwards by said Joseph H. Reynolds, is illegal and in violation of law, and without the authority of law, as he is informed and verily believes, for the following, besides other reasons, to wit—
1st. The said supposed warrant so issued by the said governor of the state of Illinois as aforesaid does not confer any authority to arrest your petitioner, for that it commands the officers therein named to arrest one Joseph Smith, Jun., whereas the name of your petitioner is Joseph Smith, Sen.; and your petitioner avers that he is not known and reputed by the name of Joseph Smith, Jun.
2nd. The said supposed warrant is defective and void, for that it does not recite that the Joseph Smith, Jun., mentioned therein, has been demanded by the executive of the state of Missouri of the executive of the state of Illinois.
3rd. Said supposed warrant is defective and void, for that it does not state that said Joseph Smith, Jun., therein named, has been indicted, or that any other legal accusation of any offense has been legally preferred, and is as pending against him in the said state of Missouri.
4th. It is defective and void, for that it does not show that any legal foundation was furnished by the executive of the state of Missouri, upon which to issue the same, and your petitioner avers that the same was issued without due authority of law.
5th. Said supposed warrant is in other respects defective and void.
6th. The said Joseph H. Reynolds has no authority to detain your petitioner in custody, for that he is not an officer of the state of Illinois, nor is he legally authorized by the said governor of the state of Illinois, or otherwise, as the agent of the state of Missouri in the state of Illinois, or in any other character and capacity, to imprison your petitioner within the said state of Illinois.
7th. Your petitioner, before the making of the said arrest upon which he is now detained and imprisoned, had been arrested for the same cause and upon a charge for the same offense for which he is now arrested and imprisoned, by virtue of a warrant issued by the governor of the said state of Illinois, upon a requisition of the executive authority of the said state of Missouri, and was discharged from said arrest and imprisonment by judgment of the circuit court of Warren county, at a court holden in the said county of Warren, in or about the month of June, A.D. 1841, in such manner as not to be liable to the said second arrest for the same cause.
8th. Your petitioner is not a fugitive from justice, and has not fled from the justice of the said state of Missouri, and he is not guilty and has not been guilty of treason in or against the state of Missouri.
9th. Your petitioner was not and has not been within the limits of the said state of Missouri for more than four years next before the making of said arrest and imprisonment whereby he is now detained, nor for or during four years before any indictment or other legal accusation was preferred against him.
10. Your petitioner avers that the said supposed warrant so issued by the said governor of the said state of Illinois, and under color of which your petitioner is now imprisoned, and the document purporting to be an authority to receive the said Joseph Smith, Jr., are wholly defective and insufficient to legally authorize the arrest and imprisonment of your petitioner; copies of which supposed warrant and the supposed authority from the executive of the state of Missouri are hereunto annexed.
Wherefore, your petitioner prays that a writ of habeas corpus may be awarded, directed to the said Joseph H. Reynolds, commanding him that he bring your petitioner forthwith and without delay before this honorable court, together with the causes of his caption and detention, in order that your petitioner may be dealt with according to law; and your petitioner, as in duty bound, will ever pray.
JOSEPH SMITH, Sen.
Subscribed and sworn to before me this 30th day of June, A. D., 1843, at the city of Nauvoo, Illinois.
JAMES SLOAN, Clerk of the Municipal Court of the City of Nauvoo.
Whereupon the court issued the following:—
State of Illinois, City of Nauvoo. ss.
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, Sen., of the said city of Nauvoo, (who is styled in the warrant by which he is held in custody, Joseph Smith, Jun.,) is in the custody of Joseph H. Reynolds: These are therefore to command the said Joseph H. Reynolds to safely have the body of the said Joseph Smith, Sen., who is styled Joseph Smith, Jun., 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, Sen., may be known or called, before the Municipal Court of said city, forthwith, to bide such order as the said court shall make in his behalf; and further, if the said Joseph H. Reynolds, or other person or persons having said Joseph Smith, Sen., 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, James Sloan, Clerk of the Municipal Court of Nauvoo, this 30th day of June, in the year of our Lord one thousand eight hundred and forty-three.
[Seal.] JAMES SLOAN, Clerk.
Which was endorsed.
I, Joseph H. Reynolds, the within named, do hereby return this writ, with the body of Joseph Smith, with the following cause of caption and detention, to wit—The within named Joseph Smith was arrested on a warrant issued by the governor of the state of Illinois, by one Harmon T. Wilson, a constable of Hancock county, in the state of Illinois, on the 23rd day of June, A.D., 1843, a copy of which warrant is hereunto annexed, and marked letter A, and delivered over to my custody as directed by said writ. The person of said Smith was, on said 23rd of June, in the county of Lee, and state of Illinois, by the said Wilson, delivered over to my custody; and that I received and detained the said Smith in my custody, by virtue of a certain warrant of attorney issued by the governor of the state of Missouri, a copy of which is hereunto annexed and marked letter B, directing me to receive the said Smith, and convey him to and deliver him to the sheriff of Daviess county, in the state of Missouri: and that the within detention referred to is the same referred to, and none other.
JOSEPH H REYNOLDS.
Nauvoo, June 30, A.D., 1843.
Executive Department, City of Jefferson.
Know ye that I, Thomas Reynolds, governor of the state of Missouri, having full trust and confidence in the integrity and abilities of Joseph H. Reynolds, do hereby constitute and appoint him as the agent of the said state of Missouri, to proceed to the state of Illinois, for the purpose of receiving from the proper authorities of the state one Joseph Smith Jun., charged with treason by him committed against the state of Missouri, and as having fled from justice to the state of Illinois; and I do hereby authorize and direct said Joseph H. Reynolds to convey said Joseph Smith, Jun., from the state of Illinois, and deliver him to the custody of the sheriff of Daviess county, in the state of Missouri.
In testimony whereof, I have hereunto set my hand and caused to be affixed the great seal of the state of Missouri.
Done at the city of Jefferson, this 13th day of June, in the year of our Lord one thousand eight hundred and forty-three.
By the Governor, [Seal.] THOS. REYNOLDS. James L. Minor, Secretary of State.
Thomas Ford, governor of the state of Illinois, to all sheriffs and constables of any county of the state, and to Harmon T. Wilson, of the county of Hancock, greeting:—
Whereas it has been made known to me by the executive authority of the state of Missouri, that one Joseph Smith, Jun., stands charged with the crime of treason against the state of Missouri, and alleged that Joseph Smith, Jun., has fled from the justice of the said state of Missouri and taken refuge in the state of Illinois.
Now, therefore, I, Thomas Ford, governor of the state of Illinois, pursuant to the constitution and laws of the United States and of this state, do hereby command you to arrest and apprehend the said Joseph Smith, Jun., if he be found within the limits of the state aforesaid, and cause him to be safely kept and delivered to the custody of Joseph H. Reynolds, Esq., who has been duly constituted the agent of the said state of Missouri to receive the said fugitive from the justice of said state, he paying all fees and charges for the arrest and apprehension of said Joseph Smith, Jun., and make due returns to the executive department of this state, of the manner in which this writ may be executed.
In testimony whereof, I have hereunto set my hand, and caused the great seal of the state to be affixed.
Done at the city of Springfield, this 17th day of June, in the year of our Lord one thousand eight hundred and forty-three, and of the Independence of the United States the sixty-seventh.
By the Governor, THOMAS FORD.
THOMAS CAMPBELL, Secretary of State.
Mr. Reynolds refused to submit to the writ, but submitted to the attachment, and I was delivered into the hands of the marshal of the city. I told the court I had an appointment to preach to the people, and requested the privilege from the court, which they granted, and adjourned until eight o'clock tomorrow morning.
At five p.m., I went to the grove and delivered an address to the public.
The following is a brief synopsis, as reported by Dr. Willard Richard and Elder Wilford Woodruff:—