The Late Proceedings

Much anxiety, undoubtedly, exists in the minds of the saints respecting the late proceedings in reference to Pres. Joseph Smith, and many reports have been circulated calculated to mislead the public mind. We shall, therefore, give a brief account of the proceedings as far as they have come under our notice.

On Saturday, the 5th inst., as Pres. Joseph Smith was on his return from Quincy, to which place he had accompanied Pres. Hyrum Smith and William Law, on their mission to the East, he was arrested, at the Bear Creek Hotel, by two officers of Justice, on a warrant from Gov. Carlin, to deliver him up to the authorities of Missouri. He accordingly returned to Quincy, and obtained a writ of habeas corpus before C. A. Warren, Esq., Master in Chancery; and Judge Douglass happening to come to Quincy that evening, appointed to give a hearing on the Tuesday following, in Monmouth, Warren county, where the court was then sitting. On Sunday evening, he returned to Nauvoo in charge of the officers, and on Monday morning started for Monmouth, accompanied by several of his friends. On arriving at that place we found great excitement prevailing in the public mind, and great curiosity was manifested by the citizens, who were extremely anxious to obtain a sight of the prophet.

On Tuesday morning, Mr. Little, for the defence [defense], motioned that the case of Mr. Smith should be taken up, but was objected to by the States attorney pro tem, on account of his not being prepared, not having had sufficient notice of the trial. It was accordingly, by mutual consent, postponed until Wednesday morning.

Tuesday evening, great excitement prevailed, & the citizens employed several attorneys to plead against the defendant.

At an early hour on Wednesday morning, the Court House was filled with spectators desirous to hear the proceedings.

Mr. Morrison on behalf of the people wished for time to send to Springfield for the indictment, it not being found with the rest of the papers.

This course would have delayed the proceedings, and as it was not important to the issue, the attornies [attorneys] for the defence [defense] admitted that there was an indictment, so that the investigation might proceed.

Mr. Warren, for the defence [defense], then read the petition of the Defendant, which stated that he was unlawfully held in custody, and that the indictment in Missouri was obtained by fraud, bribery, and duress, all of which he was prepared to prove.

Mr. Little then called upon the following witnesses viz: Morris Phelps, Elias Higbee, Reynolds Cahoon and George W. Robinson who were sworn. The council on the opposite side, objected to hearing evidence on the merits of the case, as they could not go beyond the indictment. Upon this a warm and long discussion occurred, which occupied the attention of the Court through the entire day.

All the Lawyers on the opposite side excepting two viz: Messrs. Knowlton and Jennings, confined themselves to the merits of the case, and conducted themselves as gentlemen; but it was plainly evident that the design of the gentlemen above named, was to excite the public mind still more on the subject, and inflame the passions of the people against the defendant and his religion.

The council on behalf of the defence [defense], acted nobly and honorably, and stood up in defence [defense] of the persecuted, in a manner worthy of high minded and honorable gentlemen. Some had even been told, that if they engaged on the

side of the defence [defense], they need never look to the citizens of that county for any political favors. But they were not to be overawed by the popular clamor, or be detered [deterred] from an act of public duty by any insinuations or threats whatever, and stated, that if they had not before determined to take a part on the defence [defense], they, after hearing the threats of the community, were now fully determined to discharge their duty. The council for the defence [defense] spoke well, without exception, and strongly urged the legality of the court examining testimony to prove that the whole proceedings on the part of Missouri, were base and illegal, and that the indictment was obtained through fraud, bribery, and corruption. The court, after hearing the council, adjourned about half past 10 o'clock P. M. Thursday morning, the court was opened about 8 o'clock, when the Judge delivered his opinion on the case.

He said, that the writ once being returned to the executive, by the Sheriff of Hancock county was dead and stood in the same relationship as any other writ which might issue from the Circuit Court and consequently the defendant could not be held in custody on that writ.

The other point, whether evidence in tne [the] case was admissable [admissible] or not, he would not at that time decide, as it involved great and important considerations, relative to the future conduct of the different states. There being no precedent as far as they had access to authorities, to guide them; but he would endeavor to examine the subject and avail himself of all the authorities which could be obtained on the subject before he would decide that point. But on the other, the defendant must be liberated. This decision was received with satisfaction by the brethren, and all those whose minds were free from prejudice.

It is now decided that before another writ can issue, a new demand must be made by the Governor of Missouri.-Whether such a demand will be made or not, we do not know, but we should imagine not. We should think that Missouri has already earned disgrace enough, and that she would be pleased if that foul stain which now rests upon her, was wiped from off her escutcheon. We are not informed that there has been any new demand made for the defendant or others since the reign of Governor Boggs, nor do we believe that Governor Reynolds ever will.-And we hope, that on the part of the executive of this state, these proceedings will drop, and never more be revived. What good can result from such prosecutions we cannot imagine. Surely the saints have been persecuted enough; they have been trampled upon long enough by the citizens of Missouri, and we believe they never would have made the demand for any of our brethren, if a demand had not been made for some of their citizens who had forcibly abducted several of our brethren, and without even the form of a trial, tied them up, whipt [whipped], and otherwise abused them.

It is not that the parties shrink from a fair and impartial investigation, for from it: this is what we desire, but can that be obtained in Missouri, where mobs are suffered to roam in despite of the laws and its administrators, and can with impunity commit murder and arson, upon defenceless [defenseless] Mormons and no one to bring them to justice? We say not! In Missouri mobs are above the laws. They know no other bounds to their vengeance than what their wicked and vile passions dictate. For instance, the murder on Shoal creek of seventeen persons, who were moving into the country, who had committed no offence [offense] againts [against] the laws, but because of their religious tenets, were butchered in cold blood. And, we would ask where are the perpetrators? They are there yet and can unblushingly boast of their bloody achievement in that vicinity, and yet there has been no attempt to have them arrested and brought to trial. Why then are people so sensitive upon the subject of Joseph Smith and others, being given up to the Missourians? Does it arise from a sense of justice and of right, or is it because of their religion?

The conduct of our persecutors answers the question.

But what have the Saints done in Missouri for which they must suffer such persecutions?

They have after being threatened, abused sued, harrassed [harassed] by mobs, and

after appealing to the authorities in vain, dared to stand up in their own defence [defense] and in that of liberty and the laws-They have resisted oppression and injustice by every lawful means, and when they did so; they were obliged by executive power to leave their inheritances. These things are true, and can be substantiated, and whatever we have to suffer in consequence thereof, we can appeal to him "that searcheth the hearts and trieth the reins of the children of men" and say, "Thou who knowest all things, knowest that these things are true.'

We do not ask for sympathy, but fair and impartial justice from all, which, if we obtain we shall feel satisfied.