Essentials in Church History: A History of the Church from the Birth of Joseph Smith to the Present Time (1922), with Introductory Chapters on the Antiquity of the Gospel and the "Falling Away"Smith, Joseph Fielding
History
Essentials in Church History: A History of the Church from the Birth of Joseph Smith to the Present Time (1922), with Introductory Chapters on the Antiquity of the Gospel and the "Falling Away"
Smith, Joseph Fielding
Church of Jesus Christ of Latter-day Saints -- History
In the meantime President Joseph Smith returned to Nauvoo and in a
meeting of a special conference August 29, addressed the Saints.
Some of the Saints thought he had gone to Washington, others that he
had gone to Europe, however, he had been in Nauvoo most of the time.
Sunday, October 2, 1842, word came from Quincy, that Governor Carlin
had offered a reward of two hundred dollars for the capture of Joseph
Smith and the same amount for O. P. Rockwell. The Quincy _Whig_ also
stated that Governor Reynolds of Missouri, had offered a reward of
three hundred dollars for each of the brethren. President Sidney
Rigdon, who had been in conversation at Carthage with Judge Stephen A.
Douglas, concerning Governor Carlin's proceedings, informed William
Clayton that he had learned that the governor had purposely issued
an illegal writ, expecting President Joseph Smith would be drawn by
it to Carthage to be acquitted before Judge Douglas on habeas corpus
proceedings. As soon as this was done a legal writ would be served and
he would be carried away to Missouri. Elder Elias Higbee confirmed
President Rigdon's report, adding thereto that many Missourians were
coming to unite with the militia of Illinois, voluntarily, at their own
expense. If President Smith should fail to go to Carthage they would
come in force to Nauvoo and search the city. Receiving this knowledge,
the Prophet concluded again to leave home for a season, and thus defeat
the plans of Governor Carlin and his aids.
Justin Butterfield's Legal Opinion
While all these trials and tribulations were going on, the case of
President Joseph Smith had been presented to United States District
Attorney Justin Butterfield, of Chicago, by the master in chancery,
Major Warren. Mr. Butterfield wrote to Sidney Rigdon, October 10, 1842,
an elaborate opinion on the case. The salient points in his opinion are
as follows: If it could be proved that Joseph Smith had not _fled_ from
Missouri since the commission of the crime of which he was accused,
and that he was not in that state at that time, then the governor of
Illinois had no power to surrender him to Missouri. According to the
Constitution, a man to be a fugitive, "must be a person who shall flee
from justice and be found in another state." The defendant has the
right to show that the process upon which he was arrested was obtained
by false pretense, that it is untrue that he fled from Missouri to
evade being brought to justice there, for the crime of which he is
charged. The affidavit of Boggs is not conclusive and may be rebutted;
the defendant has the right to show the affidavit false. The affidavit
of Boggs "on its face was not sufficient to authorize the arrest of
Smith." The opinion concluded with the following advice:
Public-domain text, read in full here on John Shaqi.
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