Missouri vs Joseph Smith

It has fallen to our lot of late years to keep an account of any remarkable circumstance that might transpire, in, and about this, and the adjoining states; as well as of distant provinces and nations. Among the many robberies, earthquakes, volcanic eruptions, tornadoes, fires, mobs, wars, &c. &c., which we have had to record, there is one circumstance of annual occurrence, which it has always fallen to our lot to chronicle. We allude not to the yearly inundations of the Nile, nor the frequent eruptions of Vesuvius or Etna, but to the boiling over of Tophet, alias the annual overflow of the excrescense [excretion] of Missouri. Not, indeed, like the Nile, overflowing its parched banks, invigorating the alluvial soil and causing vegetation to teem forth in its richest attire; but like the sulphurous [sulfurous] flame that burns unnoticed in the bowels of a volcano; kept alive by the combustion of its own native element, until it can contain itself no longer within the limits of its crater, it bursts beyond its natural bounds; and not satisfied with burning what is within its own bowels, it rushes furiously, wildly, and wantonly forth, and spreads its sulphurious [sulfurous] lava all around, scattering desolations in its path, destroying the cot of the husbandman, the fisherman, and the palace of the nobleman, in one general sweep; covering vegetation with its fiery lava, and turning the garden into a bed of cinders. So Missouri has her annual ebulitions [ebullitions], and unable to keep her fire within her own bosom, must belch forth her sulphuric [sulfuric] lava, and seek to overwhelm others with what is burning in her own bowels and destroying her very vitals; and as it happens that we are so unfortunate as to live near the borders of this monster, we must ever and anon, be smooted with the soot that flies off from her burning crater.

Without entering here into the particulars of the bloody deeds, the high handed oppression, the unconstitutional acts, the deadly and malicious hate, the numerous murders, and the wholesale robberies of that people; we will proceed to notice one of the late acts of Missouri, or the Governor of that state towards us. We allude to the late arrest of Joseph Smith.

Some two years ago Mr. Smith was apprehended upon a writ issued by Gov. Carlin upon a requisition from the Governor of Missouri, charging Mr. Smith with murder, arson, treason, &c. &c. Mr. Smith obtained a writ of Habeas Corpus, which was made returnable at Monmouth; he appeared before Judge Douglas and was honorably acquitted. We thought then that the eyes of community would be opened, and that a stop would have forever been put to those unhallowed proceedings, but no! this could not be, she must still pursue her victim, and for want of some more plausible excuse, after the monster of iniquity Gov. Boggs, whose iniquitous exterminating order has rendered him notorious not only in this country, but throughout Europe, had been shot at by some unknown ruffian, and his life jeopardized; it was thought a good opportunity to commence an attack upon Joseph Smith, particularly as an election was near at hand in this State, and it was thought by some of our political demagogues that some political capital could be made of it; Joseph Smith must therefore be sacrificed at the shrine of the hellish despotism of Missouri, and that of political aspirants of this State. What was the pledge that Gov. Duncan gave the people, if they would elect him? that he would have the Mormon charters repealed, and deprive them of all their other privileges. Thus the Mormons and Joseph Smith must be at the disposal of such inhuman reckless, blood thirsty, (we had like to have said,) republicans as these. Oh shame where is thy blush! and the attempted murder of Governor Boggs, to them is a good pretext. As if it were impossible that there should be found among the inhabitants of a State who had butchered scores in cold blood, who had robbed an innocent people of hundreds of thousands of dollars worth of property; and who had driven thirteen thousand people from their homes, who had never violated law, a man who was base enough to seek to murder another without having the thing so far fetched as to try to heap it upon the head of a man who had not been in the State for years. This case like the other was finally brought to an issue, and Mr. Smith after an immensity of trouble and expense was exculpated in Springfield, before Judge Pope of the United States Court for the District of Illinois. The persecution and injustice of Missouri, and the illegality of the case was then abundantly developed, and Judge Pope ordered the case to be inserted on the docket in a manner that Mr. Smith should no more be troubled in relation to that matter. [Governor Ford at that time manifested a friendly disposition, and seemed

disposed to put a stop to that executive influence which had sought the destruction and overthrow of Mr S.] Mr S. returned in peace to the bosom of his family, and was received with joyous acclamation by a numerous host of friends who felt to rejoice that innocence had triumphed over persecution, fanaticism, and despotism.

Once more at peace, Mr, Smith flattered himself that his relentless persecutors must have satiated their rage and exausted [exhausted] their ingenuity to find means to prosecute; and he had favorably hoped that had they invented anything else, that the executive of this state, alive to the injustice that Mr Smith had already experienced from the hands of Missouri, would not have countenanced or furthered any demands that might be made by that state upon the executive of this, for the person of Joseph Smith.-This we believe he had reason to expect; he was in hopes that the time of his trials, pertaining to the tyrrany [tyranny] of that state, was at an end, and that he would be allowed to enjoy the precious boon of liberty, and to dwell in peace in the bosom of his family, and with his friends.-Feeling perfectly secure, he set off with his family to Mr. Wassons', to visit his wife's sister, Mrs Wasson and family, who resided about twelve miles from Dixon, Lee County, in this state. While he was there, a Mr. J. H. Reynolds, Sheriff of Jackson county, Missouri, (so he says) and Mr. Harman Wilson, of Carthage, arrived at Dixon, professing to be Mormon preachers; from thence they proceeded to Mr. Wasson's, at whose house Mr. Smith was staying. They found Mr. Smith outside of the door, and accosted him in a very uncouth ungentlemanly manner, quite in keeping however, with the common practice of Missourians. The following is as near the conversation as we can gather. Reynolds and his coadjutor Wilson, both stepped up at a time to Mr. Smith with their pistols cocked, and without shewing [showing] any writ or serving any process, Mr. Reynolds with his pistol cocked at Mr. Smith's breast, cried out, "G-d d-n you if you stir I'll shoot-G-d d-n you if you stir one inch I'll shoot you, G-d d-n you-be still or I'll shoot you by G-d." "What is the meaning of this?" interrogated Mr. Smith. "I'll show you the meaning by G-d, and if you stir one inch I'll shoot you, G-d d-n you." "I am not afraid of your shooting, answered Mr. Smith, I am not afraid to die." He then bared his breast, and said "shoot away, I have endured so much oppression I am weary of life and kill me if you please. I am a strong man however, and with my own natural weapons could soon level both of you; but if you have any legal process to serve, I am at all times subject to law and shall not offer resistance," "G-d d-n you if you say another word, we'll shoot you, by G-d." "Shoot away" answered Mr. Smith, "I am not afraid of your pistols." They then hurried him off to a carriage that they had, and without serving process, were for hurrying him off without letting him see, or bid farewell to his family or friends. Mr. Smith then said, "gentlemen if you have any legal process I wish to obtain a writ of Habeas Corbus [Corpus]." and was answered, "G-d d-n you, you sha'nt have one." Mr. Smith saw a friend of his passing and said these men are kidnapping me, and I wish a writ of habeas corpus to deliver myself out of their hands. This friend immediately proceeded to Dixon whence the Sheriff also proceeded to full speed; on arriving at the house of Mr. McKennie, tavern keeper, Mr. Smith was thrust into a room and guarded there without being allowed to see anybody, and horses were ordered in five minutes. Mr. Smith then stated to Reynolds: "I wish to get counsel," and was answered "G-d d-n you , you sha'nt have counsel, one word more G-d d-n you and I'll shoot you." "What is the use of this so often," said Mr. Smith, "I have often told you to shoot, and I now tell you again to shoot away;" and seeing a person passing he said, I am falsly [falsely] imprisoned here, and I want a lawyer. A lawyer came, and had the door banged in his face with the old threat of shooting if he came any nearer, another afterwards came and received the same treatment. Many of the citizens of Dixon by this time being apprised of his situation stepped forward, and gave the Sheriff to understand, that if that was their mode of doing business in Missouri, they had another way of doing it here, that they were a law-abiding people, and republicans, that Mr: Smith should have justice done him, and have the opportnnity [opportunity] of a fair trial, but that if they persisted in their course, they had a very summary way of dealing with such people-and gave them; to understand that Mr. Smith should not go without a fair and impartial trial. Mr. Reynolds finding further resistance to be useless allowed one or two attorneys to come to Mr. Smith, who gave them to understand that he had been taken up without process; that they had insulted and abused him, and he wanted a writ of habeas corpus. Up to this time they had altogether refused to allow the counsel to have private conversation with him.

A writ was sued out by Mr. Smith against Harman Wilson for a violation of the law in relation to writs of habeas corpus, the

said violation consisting in said Wilson having transferred said Smith to the custody of Reynolds for the purpose of removing Mr. Smith to Missouri, and thereby avoiding the effect and operation of said writ contrary to law.

There was also another writ sued out from the circuit court of Lee county, in favor of Mr. Smith, against Reynolds and Wilson for private damage, for false imprisonment, upon the ground that the writ issued by the Governor of Illinois, was a void writ in law, upon which said writ, said Reynolds and Wilson were held to bail; and were in the custody of the Sheriff of Lee county. Reynolds and Wilson obtained a writ of habeas corpus for the purpose of being discharged before Judge Young of Quincy, but gave bail at Carthage for their appearance at the circuit court of Lee county in said action.

Mr. Smith obtained a writ of habeas corpus from the Master in Chancery of Lee county, returnable before the Hon. John D. Caton, Judge of the ninth judicial circuit, at Ottawa, upon which said writ Mr. Smith was conveyed by Reynolds and Wilson, towards Ottawa as far as Pawpaw Grove, at which last mentioned place it was ascertained that Judge Caton was on a visit to New York. Upon which the party, Messes. Smith, Reynolds, Wilson and others in company returned to Dixon, where another writ was issued by the said Master in Chancery, in favor of Smith, returnable before the nearest tribunal in the fifth judicial circuit authorised [authorized] to hear, and determine, writs of habeas corpus. It was ascertained that the nearest tribunal authorised [authorized] to hear and determine upon writs of habeas corpus, was at :Nauvoo. On their arrival at Nauvoo, a writ of habeas corpus was sued out before, and made returnable to the Municipal court of the city of Nauvoo, directed to Mr. Reynolds, upon which said writ Mr. Reynolds, did produce the body of said Smith before said court, objecting however, to the jurisdiction of said court. It was ascertained by the counsel for said Smith that the Municipal court had full and ample power to hear and determine upon writs of habeas corpus. Upon examination before said court he was discharged from said arrest upon the merits of said case, and upon the further ground of substantial defects in said writ so issued by the Governor of the State of Illinois.

Why Governor Ford should lend his assistance in a vexatious prosecution of this kind we are at a loss to determine. He possesses a discretionary power in such cases, and has a right to use his judgment, as the chief magistrate of this State, and knowing, as he does, that the whole proceedings, connected with this affair, are illegal, we think that in justice he ought to have leaned to the side of the oppressed and innocent, particularly when the persecuted and prosecuted were citizens of his own State who had a right to his sympathies and to be shielded by his paternal care, as the Father of this State. Does not his Excellency know? and do not all the citizens of the State know that the Mormons have been robbed and pillaged and plundered in that State without any redress? that the Mormons en-masse were exterminated from that State without any legal pretext whatever; and how then could they have any legal claim upon Joseph Smith or any Mormon? Have the Mormons ever obtained any redress for injuries received in Missouri? No! Is there any prospect of their receiving remuneration for their loss, or redress for their grievances? No! When a demand was made upon the Governor of Missouri, by Governor Carlin of this State for the persons who kidnapped several Mormons, were they given up by that State? No. Why then should our Executive feel so tenacious in fulfiling [fulfilling] all the nice punctillious [punctilious] of law, when the very State that is making these demands has robbed, murdered and exterminated by wholesale without law and are merely making use of it at present as a cats-paw to destroy the innocent and murder those that they have already persecuted nearly to the death. It is impossible that the State of Missouri should do justice with her coffers groaning with the spoils of the oppressed and her hands yet reeking with the blood of the innocent. Shall she yet gorge her bloody maw with other victims? Shall Joseph Smith be given into her hands illegally? Never! NO NEVER!! NO NEVER!!!