* For text of these ordinances, see millennial Star, Vol. XX, p.
165.
But Smith's enemy, General Bennett (who before this date had been cast out of the fold), was now very active, and through his efforts another indictment against Smith on the old charges of treason, murder, etc., was found in Missouri, in June, 1843, and under it another demand was made on the governor of Illinois for Smith's extradition. Governor Ford, a Democrat, who had succeeded Carlin, issued a warrant on June 17, 1843, and it was served on Smith while he was visiting his wife's sister in Lee County, Illinois. An attempt to start with him at once for Missouri was prevented by his Mormon friends, who rallied in considerable numbers to his aid. Smith secured counsel, who began proceedings against the Missouri agent and obtained a writ in Smith's behalf returnable, the account in the Times and Seasons says, before the nearest competent tribunal, which "it was ascertained was at Nauvoo"—Smith's own Municipal Court. The prophet had a sort of triumphal entry into Nauvoo, and the question of the jurisdiction of the Municipal Court in his case came up at once. Both of the candidates for Congress, Walker (who was employed as his counsel) and Hoge, gave opinions in favor of such jurisdiction, and, after a three hours' plea by Walker, the court ordered Smith's release. Smith addressed the people of Nauvoo in the grove after his return. From the report of his remarks in the journal of Discourses (Vol. II, p. 163) the following is taken:
"Before I will bear this unhallowed persecution any longer, before I will be dragged away again among my enemies for trial, I will spill the last drop of blood in my veins, and will see all my enemies in hell.... Deny me the writ of habeas corpus, and I will fight with gun, sword, cannon, whirlwind, thunder, until they are used up like the Kilkenny cats.... If these [charter] powers are dangerous, then the constitutions of the United States and of this state are dangerous. If the Legislature has granted Nauvoo the right of determining cases of habeas corpus, it is no more than they ought to have done, or more than our fathers fought for."
Smith expressed his gratitude to Walker for what the latter had accomplished in his behalf, and the Whig candidate now had no doubt that the Mormon vote was his.
But the Missouri agent, indignant that a governor's writ should be set aside by a city court, hurried to Springfield and demanded that Governor Ford should call out enough state militia to secure Smith's arrest and delivery at the Missouri boundary. The governor, who was not a man of the firmest purpose, had no intention of being mixed up in the pending congressional fight and struggle for the Mormon vote; so he asked for delay and finally decided not to call out any troops.
The Hancock County Democrats were quick to see an opportunity in this situation, and they sent to Springfield a man named Backenstos (who took an active part in the violent scenes connected with the subsequent history of the Mormons in the state) to ascertain for the Mormons just what the governor's intentions were. Backenstos reported that the prophet need have no fear of the Democratic governor so long as the Mormons voted the Democratic ticket.*
* Governor Ford, in his "History of Illinois," says that such a
pledge was given by a prominent Democrat, but without his own knowledge.
When this news was brought back to Nauvoo, a few days before the election, a mass meeting of the Mormons was called, and Hyrum Smith (then Patriarch, succeeding the prophet's father, who was dead) announced the receipt of a "revelation" directing the Mormons to vote for Hoge. William Law, an influential business man in the Mormon circle, immediately denied the existence of any such "revelation." The prophet alone could decide the matter. He was brought in and made a statement to the effect that he himself proposed to vote for Walker; that he considered it a "mean business" to influence any man's vote by dictation, and that he had no great faith in revelations about elections; "but brother Hyrum was a man of truth; he had known brother Hyrum intimately ever since he was a boy, and he had never known him to tell a lie. If brother Hyrum said he had received such a revelation, he had no doubt it was a fact. When the Lord speaks, let all the earth be silent." *
* Ford's"History of Illinois," p. 318.
The election resulted in the choice of Hoge by a majority of 455!