History of the Church of Jesus Christ of Latter-day Saints, Volume 5Smith, Joseph, Jr.
History
History of the Church of Jesus Christ of Latter-day Saints, Volume 5
Smith, Joseph, Jr.
Church of Jesus Christ of Latter-day Saints; Smith, Joseph, Jr., 1805-1844
III of this history. After
hearing the testimony of these witnesses and the pleading of counsel
the court ordered that Joseph Smith be released from the arrest and
imprisonment of which he complained for want of substance in the
warrant by which he was held, as well as upon the merits of the case.
A copy of the proceedings before the municipal court at Nauvoo and all
the papers connected with the case were immediately sent to Governor
Ford, as also were affidavits from leading counsel and gentlemen from
outside places. I may anticipate a little by saying that about a year
later a jury in Lee county, Illinois, awarded $40.00 damages and costs
against Wilson, a sheriff in the state of Illinois, and Reynolds, the
Missouri agent, for false imprisonment and abuse of the Prophet, a
verdict, which while it confirms the unlawful course of those officers,
and the fact that their prisoner was abused, insults justice by
awarding such an amount for damages.
At the time of the action by the municipal court of Nauvoo, ordering
the Prophet's release from arrest, it was a question in Illinois
whether said court had the authority to hear and determine writs of
_habeas corpus_ arising from arrests made by virtue of warrants issued
by the courts of the state or of the governor, as in the foregoing
case; or whether the clause in the city charter granting the right of
issuing writs of_ habeas corpus_ was not confined to cases arising
strictly from arrests made on account of the violation of some city
ordinance. The clause in the charter, giving to the municipal court the
power to issue writs of _habeas corpus_ was as follows:
{XXVI} The municipal court shall have power to grant writs of
_habeas corpus_ in all cases arising under the ordinances of the
city council.
And in addition there was the general welfare provision, which provided
that the
City council shall have power and authority to make, ordain,
establish and execute such ordinances not repugnant to the
constitution of the United States or of this state, as they may
deem necessary for the peace, benefit and safety of the inhabitants
of said city.
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