The Rise and Fall of NauvooRoberts, B. H. (Brigham Henry)
History
The Rise and Fall of Nauvoo
Roberts, B. H. (Brigham Henry)
Latter Day Saints -- Illinois -- Nauvoo; Nauvoo (Ill.) -- History
Mr. Butterfield reviewed the subject of _habeas corpus_ writs and their
operations both in England and the United States, and quoted a number
of cases from the courts of New York, and the action of the executives
of the several States to support the principles he contended for, and
concluded his communication in these words:
I would advise that Mr. Smith procure respectable and sufficient
affidavits to prove beyond all question that he was in this State
[Illinois] and not in Missouri at the time the crime with which he
was 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 so to do, I am already of the opinion that,
upon that state of facts, the supreme court will discharge him upon
_habeas corpus_.
Joseph acted upon this advice, and sent agents with all the necessary
papers to Springfield and applied to Governor Ford--Carlin's term
of office in the meantime having expired--to revoke the writ and
proclamation of ex-Governor Carlin for his arrest. The supreme court
being in session, Governor Ford submitted the petition and all the
papers pertaining thereto for their opinion, and they were unanimous in
their belief that the Missouri writ was illegal, but were divided as
to whether it would be proper for the present executive to interfere
with the official acts of his predecessor, and therefore Governor Ford
refused to interfere; but said, in a personal letter addressed to the
Prophet:
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 any 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.
This reply was endorsed by Mr. Butterfield and James Adams, in whom
Joseph had great confidence; and in conformity with the advice, Joseph
was arrested by Wilson Law, on Carlin's proclamation. Application was
made at Carthage for a writ of _habeas corpus_ to go before the court
at Springfield. No writ could be obtained at the court in Carthage,
as the clerk had been elected to the State senate; but an order for
such writ was issued on the master in chancery, and with that document
Joseph, in the company of his brother Hyrum, John Taylor and others,
and in charge of Wilson Law, started for Springfield, where they
arrived in the afternoon of the thirtieth of December, 1842.
Public-domain text, read in full here on John Shaqi.
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