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
"I would advise that Mr. Smith procure respectable and sufficient
affidavits to prove beyond all question, that he was in the state
(Illinois) and not in Missouri, at the time the crime with which he
is charged was committed, and upon these affidavits, apply to the
governor to countermand the warrant he has issued for his arrest.
"If he should refuse to do so, I am clearly of the opinion that,
upon the above state of facts, the supreme court will discharge him
upon habeas corpus."
Governor Carlin's attitude being unfavorable, no further action was
taken until December, when the term of Carlin expired. On the 8th
of that month Thomas Ford was inaugurated as the chief executive
of Illinois. Immediately affidavits were obtained to prove beyond
controversy that President Joseph Smith was in the state of Illinois
on the 6th day of May, 1842, the day of the shooting of ex-Governor
Boggs, but Governor Ford refused to interfere with the action of his
predecessor. The supreme court being in session, he passed the case
with all the papers up to them for a decision. The judges held that the
writ was illegal, but were divided as to whether or not Ford should
interfere. The governor thereupon addressed President Joseph Smith,
December 17, 1842, stating that he had submitted the case to the
supreme court of Illinois. The governor then said:
"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 a 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."
The Prophet Receives Advice
Justin Butterfield, in a letter from Springfield of the same date,
advised the Prophet to accept the suggestion of Governor Ford. He said
the judges of the supreme court were unanimous in the opinion that he
would be entitled to a discharge under a habeas corpus writ. Therefore
he advised President Smith to go to Springfield without delay, for he
had the right to bring the case before the United States court, which
was then in session. "I will stand by you," he said, "and see you
safely delivered from your arrest."
Another letter was received from Judge James Adams, who greatly loved
the Prophet. He said:
"My Son: It is useless for me to detail facts that the bearer can
tell. But I will say that it appears to my judgment that you had
best make no delay in coming before the court at this place for a
discharge under a habeas corpus."
Joseph Smith Surrenders for Trial
Public-domain text, read in full here on John Shaqi.
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