Very soon after their return to the hotel, however, the constable who had arrested the Smiths on the new charge appeared with a mittimus from the justice of the peace, and, under its authority, conveyed them to the county jail. Their counsel immediately argued before the governor that this action was illegal, as the Smiths had had no hearing on the charge of treason, and the governor went with the lawyers to consult the justice concerning his action. The justice explained that he had directed the removal of the prisoners to jail because he did not consider them safe in the hotel. The governor held that, from the time of their delivery to the jailer, they were beyond his jurisdiction and responsibility, but he granted a request of their counsel for a military guard about the jail. He says, however, that he apprehended neither an attack on the building nor an escape of the prisoners, adding that if they had escaped, "it would have been the best way of getting rid of the Mormons," since these leaders would never have dared to return to the state, and all their followers would have joined them in their place of refuge. The militia force in Carthage at that time numbered some twelve hundred men, with four hundred or five hundred more persons under arms in the town. There was great pressure on the governor to march this entire force to Nauvoo, ostensibly to search for a counterfeiting establishment, in order to overawe the Mormons by a show of force. The governor consented to this plan, and it was arranged that the officers at Carthage and Warsaw should meet on June 27 at a point on the Mississippi midway between the latter place and Nauvoo.