Arrest of the Prophet on a Requisition of Missouri.
Monday, 8.—This forenoon I was arrested by the deputy sheriff of Adams county, and two assistants, on a warrant issued by Governor Carlin, founded on a requisition from Governor Reynolds of Missouri, upon the affidavit of ex-Governor Boggs, complaining of the said Smith as "being an accessory before the fact, to an assault with intent to kill made by one Orrin P. Rockwell on Lilburn W. Boggs," on the night of the sixth of May, A. D. 1842. Brother Rockwell was arrested at the same time as principal. There was no evasion of the officers, though the municipal court issued a writ of habeas corpus according to the constitution of the state, Article 8, and Section 13. This writ demanded the bodies of Messrs. Smith and Rockwell to be brought before the aforesaid court; but these officers refused to do so, and finally without complying, they left us in the care of the marshal, without the original writ by which we were arrested, and by which only we could be retained, and returned to Governor Carlin for further instructions, and myself and Rockwell went about our business.
The Prophet's Comments on His Arrest.
I have yet to learn by what rule of right I was arrested to be transported to Missouri for a trial of the kind stated. "An accessory to an assault with intent to kill," does not come under the provision of the fugitive act, when the person charged has not been out of Illinois, &c. An accessory before the fact to manslaughter is something of an anomaly. The isolated affidavit of ex-Governor Boggs is no more than any other man's, and the constitution says, "that no person shall be liable to be transported out of the state, for an offense committed within the same." The whole is another Missouri farce. In fact, implied power, and constructive guilt, as a dernier resort, may answer the purpose of despotic governments, but are beneath the dignity of the Sons of Liberty, and would be a blot on our judicial escutcheon.
I received a letter from the postoffice, which had been broken open, and I was grieved at the meanness of its contents.
The city council passed the following "Ordinance regulating the mode of proceeding in cases of habeas corpus before the municipal court:"
Ordinance on Habeas Corpus Procedure.
Sec. 1. Be it ordained by the city council of the city of Nauvoo, that in all cases where any person or persons, shall at any time hereafter, be arrested or under arrest in this city, under any writ or process, and shall be brought before the municipal court of this city, by virtue of a writ of habeas corpus, the court shall in every such case have power and authority, and are hereby required to examine into the origin, validity and legality of the writ of process, under which such arrest was made, and if it shall appear to the court, upon sufficient testimony that said writ or process was illegal, or not legally issued, or did not proceed from proper authority, then the court shall discharge the prisoner from under said arrest; but if it shall appear to the court that said writ or process had issued from proper authority, and was a legal process, the court shall then proceed and fully hear the merits of the case, upon which said arrest was made, upon such evidence as may be produced and sworn before said court, and shall have power to adjourn the hearing, and also issue process from time to time, in their discretion, in order to procure the attendance of witnesses, so that a fair and impartial trial and decision may be obtained in every such case.
Sec. 2. And be it further ordained that if upon investigation it shall be proven before the municipal court, that the writ or process has been issued, either through private pique, malicious intent, or religious or other persecution, falsehood or misrepresentation, contrary to the constitution of this state, or the Constitution of the United States, the said writ or process shall be quashed and considered of no force or effect, and the prisoner or prisoners shall be released and discharged therefrom.
Sec. 3. And be it also further ordained that in the absence, sickness, debility, or other circumstances disqualifying or preventing the mayor from officiating in his court, as chief justice of the municipal court, the aldermen present shall appoint one from amongst them to act as chief justice, or president pro tempore.
Sec. 4. This ordinance to take effect and be in force from and after its passage.
Passed August 8, 1842.
HYRUM SMITH,
Vice-Mayor and President Pro Tempore.
JAMES SLOAN, Recorder.
A disgraceful and bloody riot occurred in Cincinnati this evening, in and about the "Sans Souci House."