Again, Mr. Boggs charges one Mr. Joseph Smith with being "accessory before the fact to an assault with intent to kill," on the night of the sixth of May, 1842. This must allude to some other Joseph Smith, as the Joseph Smith of this city, was in Nauvoo on the aforesaid sixth of May, 1842, and on the next day he was at his post as Lieut. Gen. of the Nauvoo Legion. Nor can it be proved that he has been in the state of Missouri for the last three years. But for the sake of argument admit the language of the writ, and Joseph Smith as an accessory before the fact, with intent to kill, must have aided or abetted by words, or by means, while in the state of Illinois, and cannot come under the purview of the fugitive act. Having not fled from justice from another state; and, according to the express language of the constitution; "he could not be liable to be transported but of the state for an offense committed within the same." An accessory before the fact in man-slaughter is an anomaly--and now if _the_ Joseph Smith of Nauvoo, has committed a crime of the nature charged in the writ, which we deny _in toto_, he should be held amenable to the laws of Illinois, and in the ordinary course of procedure by indictment, in accordance with the right of the constitution, which says that he should have a "speedy public trial by an impartial jury of the vicinage." Judging now from all the facts of the case, taking the two affidavits together, we must say that the whole forms but a poor excuse for executive {102} interference, and when properly weighed by good judges of law in criminal jurisprudence, will be found wanting in all the important counts which constitute a fair case. As to the writ of habeas corpus, issued by the Municipal Court of the city of Nauvoo, it was not acted upon, though we believe that so long as it was not incompatible with the spirit and meaning of the constitution of the state, and of the constitution of the United States, its power was sovereign, as to the rights and privileges of citizens, granted to them by the City Charter, having these express privileges, in words as follows: "To make, ordain, establish and execute all such ordinances, not repugnant to the constitution of the United States and of this state, as they may deem necessary for the peace, benefit, good order, regulation, convenience and cleanliness of the city"--_and_ "the Municipal Court shall have power to grant writs of habeas corpus in all cases arising under the ordinance of the city council."