In the midst of this excitement, complaint was made by Francis M. Higbee, and a warrant issued against the members of the city council for riot in destroying the _Expositor_ press and fixtures. The warrant was issued by Mr. Morrison, a justice of the peace in Carthage, and required the constable, Mr. Bettisworth, to bring the parties named in it before him, "or some other justice of the peace," to be dealt with according to law. When the writ was served on the members of the council they expressed a perfect willingness to submit to an investigation of their proceedings; but as the law of the state made it the privilege of the accused to "appear before the issuer of the writ or any other justice of the peace," they desired to avail themselves of this privilege, and go before some other magistrate than Justice Morrison, alleging as their reason for this that it was unsafe for them to go to Carthage. The constable refused to grant their request, whereupon they sued for a writ of _habeas corpus_ before the municipal court of Nauvoo, and on a hearing of the case they were dismissed. [2] This was declared to be resistance to the law, and made use of to further influence the public mind against the Mormons. Mobs were therefore assembled and the work of violence inaugurated by kidnapping, whipping and otherwise abusing the Saints living in out-lying districts of Nauvoo. For protection the people thus abused fled to Nauvoo, and this was heralded abroad as the massing of the Mormon forces. Governor Ford was kept informed of all that was transpiring in Nauvoo by the city authorities, and in answer to the question, "What course shall we pursue in the event of an armed mob coming against the city," he replied that Joseph Smith was Lieutenant-General of the Nauvoo Legion; it was his duty to protect the city and surrounding country, and issued orders to him to that effect. Thus qualified to act, by the Governor of the state, the Legion was called together and measures were taken for the defense of the city: as the mob forces grew bolder every day, Nauvoo was at last placed under martial law. Footnotes 1. Ford's History of Illinois, p. 246. 2. Subsequently, at the instance of Judge Thomas, the circuit judge of the judicial district in which Nauvoo was located, the city council submitted to a new trial, on the same charge, before Squire Wells and were again acquitted. CHAPTER XIV. ARRIVAL OF GOVERNOR FORD IN CARTHAGE--MOB CONVERTED INTO MILITIA--ELDER TAYLOR AND DR. BERNHISEL GO TO CARTHAGE--DEMANDS OF GOVERNOR FORD--PLEDGES THE HONOR OF THE STATE FOR JOSEPH'S PROTECTION--JOSEPH STARTS FOR THE WEST--RETURNS--ARRIVAL AND RECEPTION AT CARTHAGE. Meantime the mobocrats were active in making their misrepresentations to the governor. He finally determined to visit the scenes of the difficulty. He went from Springfield to Carthage, the head-quarters of the mob forces, and received them as the militia of the state.