It was maintained on the part of those who believed that the municipal court had the right to issue writs of _habeas corpus_ against process issued from the state courts that all the power there was in Illinois she gave to Nauvoo, and that the municipal court had all the power within the limits of the city that the state courts had, and that power was given by the same authority--the legislature. A number of lawyers of more or less prominence in the state professed to hold these views; but little reliance can be put in the support they bring to the case, since all of them were seeking political preferment, immediately or remotely, and would and did in their interpretation of the powers granted by the charter, favor that side of the controversy most likely to please the citizens of Nauvoo. Governor Ford, too, at the time, gave a tacit approval of the course taken by the municipal court in issuing the writ of _habeas corpus_, though he afterwards became very pronounced in his opposition to the exercise of such powers. His acquiescence appears in this, that as soon as Joseph was liberated, sheriff Reynolds applied to Governor Ford for a _posse_ to retake him, representing that the Prophet had been unlawfully taken out of his hands by the municipal court of Nauvoo: whereupon the governor refused to grant the petition. Subsequently the governor of Missouri asked Governor Ford to call out the militia to retake Joseph, but this he also refused to do, and gave as a reason that "no process, officer, or authority of the state had been resisted or interfered with;" and recited how the prisoner had been released on _habeas corpus_ by the municipal court of Nauvoo. The governor acted in this instance with perfect knowledge of what had taken place, for the petition and statement of Reynolds were in his possession, as were also complete copies of all the documents which contained the proceedings before the municipal court of Nauvoo; and in addition to these sources of information, the governor had dispatched a trusted secret agent, a Mr. Brayman, to Nauvoo, who investigated the case and reported the result to him. It must be held, however, both as a matter of fact and of law, that the grant in the Nauvoo city charter was intended by the legislature only to give power to the municipal court to issue writs of _habeas corpus_ in cases of arrest for violation of city ordinances; and that giving {XXVII} power to the municipal court to test the warrants or processes issued from the state courts was never contemplated by the legislature, and that the passage of any ordinance by the city council that would bring about or authorize any such unusual proceeding was an unwarranted assumption of power, utterly wrong in principle and consequently subversive of government. But whatever opinion may be entertained on the legal point under consideration, there can be no question but what upon the broad principles of justice the Prophet Joseph ought to have been set free.