History, 1838–1856, volume D-1 [1 August 1842–1 July 1843]

  • Source Note
  • Historical Introduction
Page 1584
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<June 23> pistols cocked at the same time, and were threatening to shoot him; and about midnight he sued out a Writ for a violation of the Law in relation to Writs of Habeas Corpus; having transferred me to the custody of , for the purpose of dragging me to ; and thereby avoiding the effect and operation of said Writ, contrary to Law; which was put over to be heard at 10 o’Clock tomorrow morning, and I was conducted back to the room and guarded thro’ the night.
<The 5th. Regiment, 2nd. Cohort, Nauvoo Legion, consisting of 4 companies organised, was elected Colonel, Lieutt. Coll. Jesse D Hunter, Major.>
24 June 1843 • Saturday
<24> As my favorite horse Jo Duncan was somewhat jaded, with being ridden so hastily by , I hired a man with his horse and buggy to carry to Rock Island, where the Steamer Amaranth fortunately came, in about 15 minutes on which he took passage to , to inform my brother of what was being done, and request him to send me some assistance forthwith.
About 8 the Master in Chancery arrived, and issued a Writ of Habeas Corpus, returnable before the Hon. John D. Caton, Judge of the 9th. Judicial circuit at Ottawa, which was duly served on and .
Mr. who was out electioneering to become the Representative for Congress, told me that he could not find time to be my Lawyer, unless I would promise him my vote; he being considered the greatest criminal Lawyer in that part of , I determined to secure his aid— and promised him my vote, he afterwards went to and joyfully said, “I am now sure of my election, as Joseph Smith has promised me his vote and I am going to defend him”.
At 10 a.m. another writ was sued, this time from the Circuit Court of , against and for private damage, and for false imprisonment, claiming $10,000 damages, upon the ground, that the Writ issued by the Governor of , was a void writ in Law; upon which said writ they were held to bail in $10.000 each, and they had to send to for bondsmen, and were placed in the custody of the Sheriff of . and felt bad when these last writs were served on them, and began to cool in their conduct a little; after which they also obtained a Writ of Habeas Corpus for the purpose of being discharged before Judge Caton.
I was conveyed by and upon the first <writ> of Habeas Corpus, towards Ottawa, as far as Pawpaw Grove, 32 miles, where I was again abused by and , which was observed by the Landlord.
< sent Mr. Campbell sheriff of , to my assistance, and he came and slept by me. In the morning certain men wished to see me, but I was not allowed to see them. The news of my arrival had hastily circulated about the neighborhood, and very early in the morning the largest room in the hotel was filled with citizens, who were anxious to hear me preach and requested me to address them. entered the room and said, pointing to me, “I wish you to understand this man is my prisoner, and I want you should disperse; you must not gather round here in this way.” Upon which <Mr. David Town> an aged gentleman who was lame, and carried a large hickory walking stick, advanced towards , bringing his hickory upon the floor, said, “You damned infernal puke; we’ll learn you to come here and interrupt gentlemen; sit down there (pointing to a very low chair) and sit still; don’t open your head till General Smith gets through talking; if you never learned manners in , we’ll teach you that gentlemen are not to be imposed upon by a nigger driver; you can not kidnap men here, if you do in ; and if you attempt it here, there’s a committee in this Grove, that will sit on your case; and sir, it is the highest tribunal in the , as from its decision, there is no appeal.” , no doubt, aware that the person addressing him was at the head of a Committee who had prevented the Settlers on the public domain from being imposed upon by land speculators, sat down in silence, while I addressed the assembly for an hour and a half on the subject of marriage; my visitors having requested me to give them my views of the law of God respecting marriage. My freedom commenced from that hour.> [p. 1584]
June 23 pistols cocked at the same time, and were threatening to shoot him; about midnight he sued out a Writ for a violation of the Law in relation to Writs of Habeas Corpus; having transferred me to the custody of , for the purpose of dragging me to ; and thereby avoiding the effect and operation of said Writ, contrary to Law; which was put over to be heard at 10 o’Clock tomorrow morning, and I was conducted back to the room and guarded thro’ the night.
The 5th. Regiment, 2nd. Cohort, Nauvoo Legion, consisting of 4 companies organised, was elected Colonel, Lieutt. Coll. Jesse D Hunter, Major.
24 June 1843 • Saturday
24 As my favorite horse Jo Duncan was somewhat jaded, with being ridden so hastily by , I hired a man with his horse and buggy to carry to Rock Island, where the Steamer Amaranth fortunately came, in about 15 minutes on which he took passage to , to inform my brother of what was being done, and request him to send me some assistance forthwith.
About 8 the Master in Chancery arrived, and issued a Writ of Habeas Corpus, returnable before the Hon. John D. Caton, Judge of the 9th. Judicial circuit at Ottawa, which was duly served on and .
Mr. who was out electioneering to become the Representative for Congress, told me that he could not find time to be my Lawyer, unless I would promise him my vote; he being considered the greatest criminal Lawyer in that part of , I determined to secure his aid— and promised him my vote, he afterwards went to and joyfully said, “I am now sure of my election, as Joseph Smith has promised me his vote and I am going to defend him”.
At 10 a.m. another writ was sued, this time from the Circuit Court of , against and for private damage, and for false imprisonment, claiming $10,000 damages, upon the ground, that the Writ issued by the Governor of , was a void writ in Law; upon which said writ they were held to bail in $10.000 each, and they had to send to for bondsmen, and were placed in the custody of the Sheriff of . and felt bad when these last writs were served on them, and began to cool in their conduct a little; after which they also obtained a Writ of Habeas Corpus for the purpose of being discharged before Judge Caton.
I was conveyed by and upon the first writ of Habeas Corpus, towards Ottawa, as far as Pawpaw Grove, 32 miles, where I was again abused by and , which was observed by the Landlord.
sent Mr. Campbell sheriff of , to my assistance, and he came and slept by me. In the morning certain men wished to see me, but I was not allowed to see them. The news of my arrival had hastily circulated about the neighborhood, and very early in the morning the largest room in the hotel was filled with citizens, who were anxious to hear me preach and requested me to address them. entered the room and said, pointing to me, “I wish you to understand this man is my prisoner, and I want you should disperse; you must not gather round here in this way.” Upon which Mr. David Town an aged gentleman who was lame, and carried a large hickory walking stick, advanced towards , bringing his hickory upon the floor, said, “You damned infernal puke; we’ll learn you to come here and interrupt gentlemen; sit down there (pointing to a very low chair) and sit still; don’t open your head till General Smith gets through talking; if you never learned manners in , we’ll teach you that gentlemen are not to be imposed upon by a nigger driver; you can not kidnap men here, if you do in ; and if you attempt it here, there’s a committee in this Grove, that will sit on your case; and sir, it is the highest tribunal in the , as from its decision, there is no appeal.” , no doubt, aware that the person addressing him was at the head of a Committee who had prevented the Settlers on the public domain from being imposed upon by land speculators, sat down in silence, while I addressed the assembly for an hour and a half on the subject of marriage; my visitors having requested me to give them my views of the law of God respecting marriage. My freedom commenced from that hour. [p. 1584]
Page 1584