The Story of the Mormons, from the Date of Their Origin to the Year 1901Linn, William Alexander
History
The Story of the Mormons, from the Date of Their Origin to the Year 1901
Linn, William Alexander
Latter Day Saints -- History; Utah -- History
Notwithstanding his release, Smith thought it best to remain in hiding
for some time to escape another arrest, for which the governor ordered
a reward of $200. About the middle of August his associates in Nauvoo
concluded that the outlook for him was so bad, notwithstanding the
protection which his city court was ready to afford, that it might
be best for him to flee to the pine woods of the North country. Smith
incorporates in his autobiography a long letter which he wrote to his
wife at this time,* giving her directions about this flight if it should
become necessary. Their goods were to be loaded on a boat manned by
twenty of the best men who could be selected, and who would meet them
at Prairie du Chien: "And from thence we will wend our way like larks up
the Mississippi, until the towering mountains and rocks shall remind us
of the places of our nativity, and shall look like safety and home;
and there we will bid defiance to Carlin, Boggs, Bennett, and all their
whorish whores and motley clan, that follow in their wake, Missouri not
excepted, and until the damnation of Hell rolls upon them by the voice
and dread thunders and trump of the eternal God."
* Ibid., pp. 693-695.
In October Rigdon obtained from Justin Butterfield, United States
attorney for Illinois, an opinion that Smith could not be held on a
Missouri requisition for a crime committed in that state when he was
in Illinois. In December, 1842, Smith was placed under arrest and taken
before the United States District Court at Springfield, Illinois, under
a writ of habeas corpus issued by Judge Roger B. Taney of the State
Supreme Court. Butterfield, as his counsel, secured his discharge
by Judge Pope (a Whig) who held that Smith was not a fugitive from
Missouri.
While these proceedings were pending, the Nauvoo City Council (Smith was
then mayor), passed two ordinances in regard to the habeas corpus powers
of the Municipal Court, one giving that court jurisdiction in any
case where a person "shall be or stand committed or detained for any
criminal, or supposed criminal, matter."* This was intended to make
Smith secure from the clutches of any Missouri officer so long as he was
in his own city.
* For text of these ordinances, see millennial Star, Vol. XX, p.
165.
Public-domain text, read in full here on John Shaqi.
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