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

  • Source Note
  • Historical Introduction
Page 1602
After this I had lawyers enough, and I obtained a writ for and , for damage, assault, and battery, as well as the Writ of Habeas Corpus.
We started for Ottawa and arrived at Pawpaw Grove, 32 miles, where we stopped for the night. 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 [HC 5:471] 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 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. We came direct from Paw-paw Grove to , having got our writ directed to the nearest court having authority to try the case; which was the Municipal court of this
It did my soul good to see your feelings and love manifested towards me. I thank God that I have the honor to lead so virtuous and honest a people; to be your leader and lawyer as was Moses to the children of Israel. Hosannah! Hosannah!! Hosannah!!! to almighty God, who has delivered us thus from out of the seven troubles. I commend you to his grace; and may the blessings of heaven rest upon you, in the name of Jesus Christ. Amen.”
<​See Margin.​> <​(President Smith then introduced Mr. to the assembled multitude, and remarked to him “these are the greatest dupes as a body of people that ever lived or I am not as big a rogue as I am reputed to be. I told I would not discuss the subject of religion with you: I understand the gospel, and you do not; you understand the quackery of law, and I do not.” then addressed the people to the effect that from what he had seen in the city charter, it gave the power to try writs of Habeas Corpus &c. After which President Smith continued as follows:)​> [HC 5:472]
<​“If the Legislature have granted the right of determining cases of Habeas Corpus, it is no more than they ought to have done, or more than our fathers fought for. Furthermore, if continues her warfare, and to issue her writs against me and this people unlawfully and unjustly as she has done, and to take away and trample upon our rights, I swear in the name of Almighty God and with uplifted hands to heaven, I will spill my hearts blood in our defence. They shall not take away our rights: and of they don’t stop leading me by the nose I will lead them by the nose; and if they don’t let me alone I will turn up the world— I will make war. When we shake our own bushes, we want to catch our own fruit. The lawyers themselves acknowledge that we have all power granted us in our Charters that we could ask for— that we had more power than any other Court in the ; for all other Courts were restricted, while ours was not; and I thank God Almighty for it. I will not be rode down to hell by the Missourians any longer; and it is my privilege to speak in my own defence; and I appeal to your integrity and honor that you will stand by and help me, according to the covenant you have this day made”​>
While I was speaking and started for in company with <​Lawyer​> Davis of threatening to raise the Militia and come and again take me out of .
1 July 1843 • Saturday
<​July 1​> At 8 a.m. The Municiple Court met in the Court room, Present, acting chief Justice, , , Gustavus Hills and associate Justices; to investigate the writ [p. 1602]
After this I had lawyers enough, and I obtained a writ for and , for damage, assault, and battery, as well as the Writ of Habeas Corpus.
We started for Ottawa and arrived at Pawpaw Grove, 32 miles, where we stopped for the night. 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 [HC 5:471] 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 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. We came direct from Paw-paw Grove to , having got our writ directed to the nearest court having authority to try the case; which was the Municipal court of this
It did my soul good to see your feelings and love manifested towards me. I thank God that I have the honor to lead so virtuous and honest a people; to be your leader and lawyer as was Moses to the children of Israel. Hosannah! Hosannah!! Hosannah!!! to almighty God, who has delivered us thus from out of the seven troubles. I commend you to his grace; and may the blessings of heaven rest upon you, in the name of Jesus Christ. Amen.”
See Margin. (President Smith then introduced Mr. to the assembled multitude, and remarked to him “these are the greatest dupes as a body of people that ever lived or I am not as big a rogue as I am reputed to be. I told I would not discuss the subject of religion with you: I understand the gospel, and you do not; you understand the quackery of law, and I do not.” then addressed the people to the effect that from what he had seen in the city charter, it gave the power to try writs of Habeas Corpus &c. After which President Smith continued as follows:) [HC 5:472]
“If the Legislature have granted the right of determining cases of Habeas Corpus, it is no more than they ought to have done, or more than our fathers fought for. Furthermore, if continues her warfare, and to issue her writs against me and this people unlawfully and unjustly as she has done, and to take away and trample upon our rights, I swear in the name of Almighty God and with uplifted hands to heaven, I will spill my hearts blood in our defence. They shall not take away our rights: and of they don’t stop leading me by the nose I will lead them by the nose; and if they don’t let me alone I will turn up the world— I will make war. When we shake our own bushes, we want to catch our own fruit. The lawyers themselves acknowledge that we have all power granted us in our Charters that we could ask for— that we had more power than any other Court in the ; for all other Courts were restricted, while ours was not; and I thank God Almighty for it. I will not be rode down to hell by the Missourians any longer; and it is my privilege to speak in my own defence; and I appeal to your integrity and honor that you will stand by and help me, according to the covenant you have this day made”
While I was speaking and started for in company with Lawyer Davis of threatening to raise the Militia and come and again take me out of .
1 July 1843 • Saturday
July 1 At 8 a.m. The Municiple Court met in the Court room, Present, acting chief Justice, , , Gustavus Hills and associate Justices; to investigate the writ [p. 1602]
Page 1602