No case can arise demanding a more searching scrutiny into the evidence than in cases arising under this part of the constitution of the United States. It is proposed to deprive a freeman of his liberty; to deliver him into the custody of strangers; to be transported to a foreign state; to be arraigned for trial before a foreign tribunal, governed by laws unknown to him; separated from his friends, his family, and his witnesses, unknown and unknowing. Had he an immaculate character, it would not avail him with strangers. Such a spectacle is appalling enough to challenge the strictest analysis.

The framers of the constitution were not insensible of the importance of courts possessing the confidence of the parties. They therefore provided that citizens of different states might resort to the Federal Courts in civil causes. How much more important that the criminal have confidence in his judge and jury. Therefore, before the capias is issued, the officers should see that the case is made out to warrant it. Again, Boggs was shot on the 6th of May. The affidavit was made on the 25th of July following. Here was time for enquiry, which would confirm into certainty, or dissipate his suspicions. He had time to collect facts to be had before a grand jury, or be incorporated in his affidavit.

The court is bound to assume that this would have been the course of Mr. Boggs but that his suspicions were light and unsatisfactory. The affidavit is insufficient. First, because it is not positive; second, because it charges no crime; third, because it charges no crime committed in the state of Missouri. Therefore he did not flee from the justice of the state of Missouri, nor has he taken refuge in the state of Illinois.

The proceedings in this affair, from the affidavit to the arrest afford, a lesson to governors and judges whose action may hereafter be invoked in cases of this character. The affidavit simply says that the affiant was shot with intent to kill; and he believes that Smith was accessory before the fact to the intended murder, and is a citizen or resident of the state of Illinois. It is not said who shot him, or that the person was unknown. The governor of Missouri, in his demand, calls Smith a fugitive from justice, charged with being accessory before the fact to an assault, with intent to kill, made by one O. P. Rockwell, on Lilburn W. Boggs, in this state (Missouri). This governor expressly refers to the affidavit as his authority for that statement.

Boggs, in his affidavit, does not call Smith a fugitive from justice, nor does he state a fact from which the governor had a right to infer it. Neither does the name of O. P. Rockwell appear in the affidavit, nor does Boggs say Smith fled. Yet the governor says he has fled to the state of Illinois. But Boggs only says he is a citizen or resident of the state of Illinois. The governor of Illinois, responding to the demand of the Executive of Missouri for the arrest of Smith, issues his warrant for the arrest of Smith, reciting that "whereas Joseph Smith stands charged by the affidavit of Lilburn W. Boggs with being accessory before the fact to an assault, with intent to kill, made by one O. P. Rockwell, on Lilburn W. Boggs, on the night of the 6th day of May, 1842, at the county of Jackson, in said state of Missouri; and that the said Joseph Smith has fled from the justice of said state, and taken refuge in the state of Illinois."

Those facts do not appear by the affidavit of Boggs. On the contrary, it does not assert that Smith was accessory to O. P. Rockwell, nor that he had fled from the justice of the state of Missouri, and taken refuge in the state of Illinois.

The Court can alone regard the facts set forth in the affidavit of Boggs as having any legal existence. The mis-recitals and overstatements in the requisition and warrant are not supported by oath, and cannot be received as evidence to deprive a citizen of his liberty and transport him to a foreign state for trial. For these reasons Smith must be discharged.

Thereupon Governor Ford certified that there was no further cause for the arrest or detention of Joseph Smith by virtue of any proclamation or warrant issued by the Executive of Illinois; and that, since the judgment of the circuit court, all such proclamations and warrants were inoperative and void.

After the conclusion of these proceedings and the settlement of matters attendant, the Prophet returned to Nauvoo on the afternoon of the 10th of January. The Saints were delighted to welcome him safe home, and the Twelve Apostles issued an epistle to the Saints, appointing Tuesday, the 17th day of January, 1843, as a day of humiliation, fasting, praise, prayer and thanksgiving before the great God for His mercies, and supplicating for a continued outpouring of His Holy Spirit upon the Prophet and Saints.

The promised joy of this festival was marred by the threats of a traitor. On the 15th of January Sidney Rigdon received the following letter from John C. Bennett:

Springfield, Illinois, January 10, 1843

Mr. Sidney Rigdon and Orson Pratt:

DEAR FRIENDS:—It is a long time since I have written to you, and I should now much desire to see you, but I leave tonight for Missouri, to meet the messenger charged with the arrest of Joseph Smith, Hyrum Smith, Lyman Wight and others, for murder, burglary, treason, etc., etc., who will be demanded in a few days, on new indictments, found by the grand jury of a called court on the original evidence, and in relation to which a nolle prosequi was entered by the district attorney.

New proceedings have been gotten up on the old charges, and no habeas corpus can save them. We shall try Smith on the Boggs case, when we get him into Missouri. The war goes bravely on; and, although Smith thinks he is now safe, the enemy is near, even at the door. He has awakened the wrong passenger. The Governor will relinquish Joseph at once on the new requisition. There is but one opinion on the case, and that is, nothing can save Joseph on a new requisition and demand predicated on the old charges on the institution of new writs. He must go to Missouri; but he shall not be harmed, if he is not guilty; but he is a murderer, and must suffer the penalty of the law. Enough on this subject.

I hope that both your kind and amiable families are well, and you will please to give them all my best respects. I hope to see you all soon. When the officer arrives, I shall be near at hand. I shall see you all again. Please to write me at Independence immediately.

Yours respectfully,

JOHN C. BENNETT.

Sidney perused the cowardly missive, and instead of warning the Prophet, he gave the communication to Orson Pratt, but the latter at once presented it to the Prophet, that he might know of the further plot against his life. Orson Pratt wanted no correspondence with Bennett, the traitor, and had no fellowship with his works of darkness.

On Wednesday, the 18th day of January, 1843, Joseph and Emma entertained a large company of brethren and sisters at their house to celebrate the fifteenth anniversary of their wedding.

CHAPTER LV.

A BREATHING SPELL—JOSEPH'S ANTICIPATION OF HIS SACRIFICE—MANY PROPHECIES AND AN IMPORTANT THEOLOGICAL EPOCH IN THE EARLY PART OF 1843—WRESTLING AND OTHER MANLY SPORTS—EXTRACTS FROM HIS SERMONS— ATTACK ON THE NAUVOO CHARTER—THE LULL WAS BRIEF.

One of the very few seasons of peace in Joseph's life now dawned upon him. It was none the less appreciated because it was brief.