Saturday, 10.—In this day's paper, William Smith gave his valedictory, resigning the editorship of the Wasp to Elder John Taylor.
Tuesday, 13.—I continued to chop and haul wood, and attend to my domestic concerns. My delegation arrived at Springfield about three o'clock this afternoon, and found the question of the repeal of the Nauvoo Charter in a high state of agitation in the legislature.
Wednesday, 14.—My delegation at Springfield having made affidavit that I was in Illinois on the 6th of May last, and consequently could not have been concerned in the attempted assassination of ex-Governor Boggs, and also having prepared a petition to Governor Ford to revoke the writ and proclamation of Governor Carlin for my arrest, they called on Governor Ford at four in the afternoon, there were present by their selection: Dr. Richards, Brother Hyrum, Elders Sherwood and Clayton, in company with Mr. Butterfield, United States district attorney, who read his communication to Sidney Rigdon, Esq., of the 20th October, my petition to revoke and countermand Governor Carlin's writ and proclamation, and the affidavit of Lilburn W. Boggs.
Governor Ford, in reply, stated that he had no doubt but that the writ of Governor Carlin was illegal; but he doubted as to his authority to interfere with the acts of his predecessor. He finally concluded that he would state the case before the judges of the supreme court at their council next day, and whatever they decided on shall be his decision. He then stated his reasons for recommending a repeal of the Charter, and said that he regretted that he had not recommended a repeal of all the charters in the state.
Thursday, 15.—My delegates at Springfield continued to prosecute my discharge. On the 16th, Brother Hyrum received his discharge in case of bankruptcy; every arrangement was made with Mr. Butterfield, whereby I was equally entitled to a discharge, but was put off with a plea that he must write to the office at Washington before it could be granted.
Saturday, 17.—
Governor Ford to Joseph Smith—on the Missouri Requisition.
SPRINGFIELD, December 17, 1842.
DEAR SIR:—Your petition requesting me to rescind Governor Carlin's proclamation and recall the writ issued against you has been received and duly considered. I submitted your case and all the papers relating thereto to the judges of the Supreme Court, or at least to six of them who happened to be present. They were unanimous in the opinion that the requisition from Missouri was illegal and insufficient to cause your arrest, but were equally divided as to the propriety and justice of my interference with the acts of Governor Carlin. It being, therefore, a case of great doubt as to my power, and I not wishing, even in an official station, to assume the exercise of doubtful powers, and inasmuch as you have a sure and effectual remedy in the courts, I have decided to decline interfering. I can only advise that you submit to the laws and have a judicial investigation of your rights. If it should become necessary, for this purpose, to repair to Springfield, I do not believe that there will be any disposition to use illegal violence towards you; and I would feel it my duty in your case, as in the case of any other person, to protect you with any necessary amount of force from mob violence whilst asserting your rights before the courts, going to and returning.
I am most respectfully yours,
THOMAS FORD.
Letter of Justin Butterfield—Opinion on Governor Ford's Action.
SPRINGFIELD, December 17, 1842.
Joseph Smith, Esq.
DEAR SIR:—I have heard the letter read which Governor Ford has written to you, and his statements are correct in relation to the opinion of the judges of the Supreme Court. The judges were unanimously of the opinion that you would be entitled to your discharge under a habeas corpus to be issued by the Supreme Court, but felt some delicacy in advising Governor Ford to revoke the order issued by Governor Carlin. My advice is, that you come here without delay, and you do not run the least risk of not being protected while here, and of being discharged by the Supreme Court by habeas corpus. I have also the right to bring the case before the U. S. Court, now in session here; and there you are certain of obtaining your discharge. I will stand by you, and see you safely delivered from your arrest.
Yours truly,
J. BUTTERFIELD.