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

  • Source Note
  • Historical Introduction
Page 1586
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<June 25> they wanted to talk, but their interpreter could not speak much.
The writ of Habeas Corpus was returned endorsed thereon “Judge absent” when another writ of Habeas Corpus was issued at 7 a.m. by the Master in Chancery and was worded at s request, “returnable before the nearest tribunal in the fifth judicial district, authorized to hear and determine writs of habeas corpus” and the Sheriff of served it on them, in a few minutes afterwards. I, my Lawyers, , Dixon and other friends, held a Council and arranged to start before 9 a.m. to go before Judge [HC 5:447] , at , a distance of about 260 miles * after these arrangements were made, I sent with a letter to Gen directing him to meet me at Monmouth on Wednesday evening, with sufficient force to prevent my being kidnapped into as I well know that the whole country was swarming with men anxious to carry me there, and kill me without any shadow of law or justice, and <although> they well know that I had not committed any crime worthy of death or bonds.
*I employed Mr. Lucien P Sanger with the stage coach to convey us on our journey towards .
26 June 1843 • Monday
<26.> It was reported there were state writs in to take , and to , who armed themselves to prevent being kidnapped.
I copy the following from the Chicago Democrat
“Dear Sir; Our little town has been in an unusual state of excitement for the few days past, originating from the arrest of General Joseph Smith, which took place at the Inlet Grove, while he was on a visit, with his family, to a sister, who resides there. He was arrested on Friday last, by an officer from , and delivered over to the of , Missouri, in compliance with the orders of the .
The officers who took him, brought him into town in the evening and confined him closely to his room; refusing admission not only to the citizens, whose curiosity had drawn them to the spot, but to counsel whom he had requested to have employed.
Our citizens, conceiving it a violation of right, that a man should be deprived of that advice and assistance which is accorded to the most degraded and guilty offender in all civilized countries, under such circumstances, expressed themselves in such strong and indignant terms, that the officers finally permitted to Counsel to have access to him. He applied for the benefit of the habeas corpus; and, while the lawyers were busy drawing <up> the necessary papers, the officers frequently asserted that they would not wait, but would leave for the , at all hazards. [HC 5:448] They were, however, induced by the <force of arg>ument to desist from their intention, and wait until morning: when the habeas corpus was served. After which, they started their determination to go to Rock Island and by steamboat from thence to , before Judge [Henry] Brown General Smith justly felt fearful that once on a steamboat, he should hardly reach . The distance from this place to Rock Island is the same as from here to . General Smith finding this their determination, commenced suit against the of [p. 1586]
June 25 they wanted to talk, but their interpreter could not speak much.
The writ of Habeas Corpus was returned endorsed thereon “Judge absent” when another writ of Habeas Corpus was issued at 7 a.m. by the Master in Chancery and was worded at s request, “returnable before the nearest tribunal in the fifth judicial district, authorized to hear and determine writs of habeas corpus” and the Sheriff of served it on them, in a few minutes afterwards. I, my Lawyers, , Dixon and other friends, held a Council and arranged to start before 9 a.m. to go before Judge [HC 5:447] , at , a distance of about 260 miles * after these arrangements were made, I sent with a letter to Gen directing him to meet me at Monmouth on Wednesday evening, with sufficient force to prevent my being kidnapped into as I well know that the whole country was swarming with men anxious to carry me there, and kill me without any shadow of law or justice, although they well know that I had not committed any crime worthy of death or bonds.
*I employed Mr. Lucien P Sanger with the stage coach to convey us on our journey towards .
26 June 1843 • Monday
26. It was reported there were state writs in to take , and to , who armed themselves to prevent being kidnapped.
I copy the following from the Chicago Democrat
“Dear Sir; Our little town has been in an unusual state of excitement for the few days past, originating from the arrest of General Joseph Smith, which took place at the Inlet Grove, while he was on a visit, with his family, to a sister, who resides there. He was arrested on Friday last, by an officer from , and delivered over to the of , Missouri, in compliance with the orders of the .
The officers who took him, brought him into town in the evening and confined him closely to his room; refusing admission not only to the citizens, whose curiosity had drawn them to the spot, but to counsel whom he had requested to have employed.
Our citizens, conceiving it a violation of right, that a man should be deprived of that advice and assistance which is accorded to the most degraded and guilty offender in all civilized countries, under such circumstances, expressed themselves in such strong and indignant terms, that the officers finally permitted Counsel to have access to him. He applied for the benefit of the habeas corpus; and, while the lawyers were busy drawing up the necessary papers, the officers frequently asserted that they would not wait, but would leave for the , at all hazards. [HC 5:448] They were, however, induced by the force of argument to desist from their intention, and wait until morning: when the habeas corpus was served. After which, they started their determination to go to Rock Island and by steamboat from thence to , before Judge [Henry] Brown General Smith justly felt fearful that once on a steamboat, he should hardly reach . The distance from this place to Rock Island is the same as from here to . General Smith finding this their determination, commenced suit against the of [p. 1586]
Page 1586