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
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.
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 the same
views; but little reliance can be put in the support they bring to the
case, since they were seeking political preferment and would, and did,
in their interpretations 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. It occurred in this way: 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. 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.
Public-domain text, read in full here on John Shaqi.
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