Warsaw Message/July 12, 1843 Extra

We are again compelled to allow another publication day to pass without issuing a paper. The sickness of ourselves, and all the hands we can procure in the office, is the cause, and furnishes a reasonable apology for the delay. We issue this Extra, in order to remedy the evil as far as lies in our power. We expect to issue the regular paper on Saturday.

---

THE WARSAW MESSAGE. --- Warsaw, Illinois. --- WEDNESDAY, JULY 12, 1843. FOR PRESIDENT, HENRY CLAY, OF KENTUCKY. --- FOR VICE PRESIDENT, JOHN DAVIS, OF MASSACHUSETTS, Subject to the decision of a National Convention. FOR CONGRESS, CYRUS WALKER, Of McDonough County. DISTRICT CENTRAL COMMITTEE, --- HANCOCK COUNTY. S. G. WILLIAMS, | THOS. MORRISON, DR. JOHN F. CHARLES. --- McDONOUGH COUNTY. N. MONTGOMERY, | JOHN ANDERSON, P. H. WALKER. --- WARREN COUNTY. W. B. WYAPP, R. RISE, A. C. HARDING. --- HENDERSON COUNTY. ALFRED KNOWLES, | SUMNER S. PHELPS, W. D. HENDERSON. NOTICE. A fee of $1,00, will in all cases be required, for announcing candidates in this paper--to be paid invariably in advance. --- AUGUST ELECTION. We are authorized to announce Gen. James Adams as a Candidate for Probate Justice of the Peace for Hancock county at the next August Election. We are authorized to announce John P. Haggard as a Candidate for re-election to the office of Treasurer of Hancock County at the ensuing August Election. We are authorized to announce the name of J. Wilson Williams as a Candidate for re-election to the office of County Surveyor of Hancock County at the ensuing August Election. We are authorised to announced Sylvester Emmans, as a Candidate for the Office Clerk of the County Commissioners' Court of Hancock County, at the next August Election. We are authorised to announce Franklin J. Bartlett, as a Candidate for Clerk of the County Commissioners' Court, at the next August Election. TO THE ELECTORS OF HANCOCK COUNTY. I offer myself as a candidate for the office of Recorder at the ensuing August election, and respectfully solicit your support for the same. Should I be so fortunate as to obtain a majority of your suffrages, the duties of the office will be performed with fidelity, and the favor remembered with grateful acknowledgement. JOHN A. FORGEUS. Nauvoo, June, 1843. We are authorized to announce Ebenezar Rand as a candidate for re-election to the office of Probate Justice of the Peace, for Hancock county, at the next August Election. We are authorized to announce Chauncer Robson, as a Candidate for the office of County Recorder, at the August Election. We are authorized to announce the same of Benjamin Avise, as a Candidate for the office of Clerk of the County Commissioner's Court, at the Ensuing election. We present to our readers to-day, a detailed account of the arrest of this individual--his delivery to the agent of Missouri--his subsequent discharge of a writ of habeas corpus, with the circumstances attending these transactions, drawn up by an eye witness to the whole of them. These facts have been substantiated by the affidavits of persons not Mormons, who were with Smith from the time of his arrest to his discharge. A thousand and one rumors and stories and idle tales have been put in circulation in regard to these things--to subserve what purposes we will not say. It is due to the whole community--but more particularly to the parties themselves interested, that a plain, unvarnished statement should go forth to the world. This statement we now give, and each one of our readers can draw his own conclusions from the facts presented. It will be seen that Smith was arrested and placed in the hands of Reynolds, the agent of Missouri. He claimed the benefit of a writ of habeas corpus, this being a privilege, expressly granted by the Constitution to every individual. The writ was made returnable to the nearest judicial tribunal, in this judicial circuit, competent to try such writs. At Nauvoo was a tribunal, which claimed this power--justly or not, we are not prepared to decide. It will also be seen that the Sheriff of Lee county--who had now charge of the whole company, determined to conduct them to Nauvoo. The stage was chartered for that

purpose. No threat or intimidation was made use of to influence his determination; he entered into such an arrangement while in his own county, surrounded by his own neighbors. He, we presume, knew his duty; or if he thought the journey to Nauvoo improper, we do not hear of his protesting against it, or making any sort of objection while at Dixon in Lee county. The company started on their journey--occasionally, as they neared Nauvoo, they were met by bodies of Mormons, who heard of their approach. They appeared entirely unarmed--exhibited no violence towards Reynolds; and although manifesting the utmost affection and attachment for Smith, made no attempt whatever at a rescue.--They arrived in Nauvoo, Smith still in the charge of Reynolds. A new writ of habeas corpus was now issued, commanding Reynolds to bring the body of Smith before the municipal court of Nauvoo. He did so; and made a formal and legal return of the writ. Thus was Smith taken out of the hands of the Missouri agent, and committed to the custody of the court in Nauvoo. Smith was tried on the merits of the case; and the writ itself was shown to be illegal ind insufficient. The writ in fact was nearly similar to the one on which Smith was formerly arrested, and which was declared to be illegal by judge Douglass at Monmouth, in 1840. These are the facts in the case; they have been sworn to; and the affidavits can be forth coming, if necessary, at the proper time. If it is admitted that the municipal authorities of Nauvoo have the power to try writs of habeas corpus, (and many sound lawyers entertain the opinion that their charter confers this power,) then the whole of these proceedings will appears legal and according to law. If, however, their exercise of it is unauthorised by their charter, the Executive of the State will so regard it, and treat the trial of the other day as a mere nullity. This matter has nothing whatever to do with party politics, and every attempt of a few inflammable spirits to give it such a turn will signally fail. The State Register, indeed, has charged Walker and Browning with conniving with the authorities of Missouri for the purpose of getting up the writ. The unprincipled Register is welcome to all the aid it may render to its party by the circulation of falsehoods. We would not retort upon the Register even if we could. We spurn its weapons of warfare. We scorn to bandy with it these stale and venal charges. But we do ask in behalf of every sober-thinking man in the State, why this unceasing, persevering, relentless persecution of Smith? Are we to have a demand from the democratic Governor of Missouri for his apprehension as often as each general election approaches, as has been the case for the last three or four years? Is it not most singular that the claims of justice invariably demand that this writ should be issued in the sultry month of July, about one month previous to the election? Is it by mere accident that each of these writs has been imperfect in nearly the same particulars, thus giving plausibility to the opinion which many have entertained, that it was no part of the design to take Smith to Missouri, but he was merely to be held in abeyance, compelled to vote the democratic ticket at the elections, and afterwards to be released by the courts? Most singular transactions these, surely. When Smith places law and justice at defiance, he should not be suffered to escape; the whole force of the State, if necessary, should be called out to tear him from his hiding place and bring him to condign punishment. But he, in common with the highest and the lowest in the land, has right guaranteed him by the laws; and the public sentiment of this community, we are persuaded, will not permit the rights of any individual to be trampled upon. This is a law loving and law abiding community. No man can here with impunity trample upon the requirements of law; neither can any body of men, regardless of legal forms and rules, take into their own hands the administration of justice, and usurping the stations of juries and judges, act the part of executioners too. There is a spirit of conservatism, of patriotism, in this country which will frown down every such attempt, let it come from whom or from what quarter it may. The law throws its broad and ample shield of protection around the innocent, the accused of crime, and the guilty too, for it punishes according to law. The evils, if indeed any there are, which the law cannot remove, or public sentiment correct, must be endured. We can no where find perfection in government or in the forms of society. Frailty has stamped her mark on all sublunary things. When the obligations of law shall be habitually spurned by the lawless hand of violence--when the rights of property shall be disregarded by an infuriated mob--when the sanctity of home and the domestic circle shall be invaded by the self-appointed, unauthorized administrators of justice--or rather of injustice--then the Constitution of our Fathers, the institutions of the country, will be as a

rope of sand, not worth the preserving. But no. Our confidence in the wisdom of our form of government--our respect for the virtue and patriotism of the American people, forbid, even for a moment, the entertaining the opinion that such a time can ever arrive. If in the course of our future history, some great and tremendous event, like the irruption of the barbarian hordes over the fruitful plains of Italy--if such an event should impose an impenetrable barrier to the further advancement of the triumphs of the mind--to the spread of free and liberal principles--if ignorance, that great leveler, should degrade us to the condition of serfs--if the 4th of July should be blotted from the calendar of the nation, and the glorious recollections of the exhalted virtues and heroic deeds of our revolutionary fathers, should become obliterated and forgotten--then, indeed, might the despotism and tyranny of the mass triumph over law and government. Before such a day should ever curse the fair face or the fair name of our beloved country, heaven grant that the seventh trumpet may sound, and the midnight cry be heard, and nations and men be summoned to appear before the great tribunal with all their crimes upon their heads. P. S. Since writing the above, we have received information from Springfield, from a source on which we place the utmost reliance, that no Military order will be issued by the Governor--that there is, in fact, no foundation for one--and that the Governor knows his duty too well to issue such an order! P. COMMUNICATIONS. For the Warsaw Message. STATEMENT Of the Facts connected with the Arrest of Joseph Smith, and his discharge therefrom. --- BY AN EYE-WITNESS. --- On the 23d day of June last, Joseph Smith, commonly called the Mormon Prophet, was arrested at Palestine Grove, in Lee county, Illinois, by Harmon T. Wilson and Joseph H. Reynolds, while on a visit to a relative of his wife's at that place; the former named individual making said arrest by virtue of a warrant issued by the Executive of the State of Illinois, upon a charge of Treason against the Government of Missouri, upon a requisition of the Executive of Missouri for the body of said Smith. Reynolds was authorised by the Governor of Missouri to receive said Smith and convey him to Missouri. Upon the day of his arrest he was conveyed by Reynolds and Wilson to the town of Dixon, in said county, and soon after their arrival Smith applied to two attorneys, residents of said town, to procure for him a writ of Habeas Corpus, for the purpose of conveying him before Judge Caton, at Ottawa -- These attorneys applied to Reynolds for the purpose of allowing them a private interview with Smith, as his attorneys; which was peremptorily refused by Reynolds, and it was expressly stated by him, that no conversation could be had with Smith except he was present. Some considerable disapprobation was expressed by the citizens of Dixon, in consequence of said refusal on the part of Reynolds; and after Smith had been at Dixon something like an hour, Reynolds concluded to, and did allow Smith's counsel an opportunity of conversing with him in private, in relation to the obtaining said writ. The day following said arrest, Reynolds, Wilson, and the counsel of Smith, started for Ottawa, upon the writ of Habeas Corpus issued by the Master in Chancery of Lee county; and after traveling in the direction of Ottawa about 32 miles, it was ascertained that Judge Caton was absent on a visit to New York, and the party accordingly returned to Dixon; and upon the day following said return, another writ of Habeas Corpus was issued by the Master in Cancery of Lee county, returnable before the nearest tribunal in the Fifth Judicial Circuit, in which Quincy is situated, authorised to hear and determine writs of Habeas Corpus. It would here be proper to state that while Reynolds and Wilson were at Dixon and before starting for Ottawa, a suit was commenced by Smith, by capias against them be fore the Circuit Court of Lee county, for false imprisonment, upon the ground that the writ by which he was arrested and held in custody was a void writ; and upon which said capias they were held to bail and were unable to procure bail there, and were therefore in the custody of the sheriff of that county. Reynolds and Wilson also obtained a writ of habeas corpus from said Master in Cancery, returnable before the Hon. Richard M. Young, at Quincy, where it was believed that judge was, and the last mentioned writ of habeas corpus was placed in the hands of said sheriff. Neither Wilson or Reynolds were controlled in their persons in any manner by said sheriff upon the said writ of habeas corpus, but they were, not only at Dixon, but during the whole journey from Dixon to

Nauvoo, left to go where they pleased, and were not subjected to any restraint by said sheriff. Reynolds seemed from his declarations to be very anxious to start with Smith for Missouri soon after his arrival at Dixon, and at first was not disposed to allow time before starting for Smith's counsel to have obtained said writ for him. On Monday the 26th, the company, consisting of Reynolds, Wilson and Smith; Messrs. Walker, Southwick and Patrick, the counsel of Smith; McKay, a guard employed by Reynolds to guard Smith; Sanger, the owner of the stage coach that took them; McComsey, the driver of one of the teams employed, Ross, the driver of the stage coach; Mason, attorney for Reynolds and Wilson; Wasson, a relative of the wife of Smith; Montgomery, son-in-law of Walker, and Mr. Campbell, sheriff of Lee county, started from Dixon. The above composed all the company; none of which were Mormons except Smith. On the second day after leaving Dixon, some difficulty ensued between Smith and Reynolds relative to the former being permitted to ride on horseback instead of riding in the carriage, upon which Reynolds got out of the carriage, took hold of the bridle of the horse Smith was on, and said that Smith should not ride on horseback; whereupon Messrs. Walker, Southwick, Patrick and Sanger pledged themselves that Smith should not escape, with which Reynolds said he was satisfied, and Smith accordingly was permitted and did ride in that manner a portion of the way. In the afternoon of the second day after leaving Dixon, the company was met by some friends of Smith, (Mormons as it was supposed,) who gradually increased as the company approached Nauvoo, and returned with him to that city, but the persons who thus met Smith conducted themselves with the strictest propriety, and made use of no threats or menaces of any kind towards either Wilson or Reynolds, and were not any of them armed, so far as was discernable; and seemed much joyed to see Smith. Smith pledged his word previous to his arrival at Nauvoo, that Reynolds should not be harmed, but should be well treated while there. He also requested his friends in a public speech to the people of Nauvoo, made the day of his arrival there, that as he had pledged his sacred honor to see that Reynolds was not ill treated, he requested them to regard and observe it. Reynolds and Wilson were invited by S. to dine with him at his house upon the day of their arrival at Nauvoo, which they did, and were by Smith introduced to his family. In the afternoon of the day of said arrival a writ of habeas corpus was issued by the municipal court of the city of Nauvoo, directed to Reynolds, requiring him to bring before said court the body of said Smith, which Reynolds accordingly did, objecting, however, to the same, that said court had no jurisdiction of the case. The counsel of Smith, however, appeared to entertain a different opinion as to the jurisdiction of said court, and the examination was had before them and Smith discharged upon the merits of the case, and upon the substantial defects in the warrant. Reynolds and Wilson remained at Nauvoo until nearly dark, when they left by permission of the sheriff of Lee county, and went to Carthage, where they gave bail upon the writ against them in favor of Smith, instead of going before judge Young at Quincy, upon the writ of habeas corpus obtained in their case. No threat or intimidation was used by any person whatever to induce Mr. Campbell, the sheriff of Lee county, to go to Nauvoo with Reynolds; and Mr. Campbell well knew before starting from Dixon, that it was the determination of the whole company to go to Nauvoo--be particularly consenting to the same. The stage was also chartered to go to Nauvoo. Smith stated before leaving Dixon that he should submit to the law, and appeared desirous so to do. No attempt was made, either at Dixon or after the company started, by the friends of Smith, to rescue him from the custody of the officers having him in charge. --- What means the following tribute to Mr. Clay from the organ of Mr. Calhoun to the Charleston Mercury? Would the southern lofocos prefer Mr. Clay to Mr. Van Buren? If we cannot have a Southern States Rights man--if John C. Calhoun, by going upon the forlorn hope of truth, is (politically) dead upon the ramparts--like a gallant steed fallen in the front ranks--borne down and trampled upon by the rear, and can only look for justice from those who look upon these disjoined times, with an eye of posterity--if for disinterestedness above, and political sagacity beyond, the age he is to be sacrificed a martyr to principle--at least call upon us to support a man worthy of enthusiastic trust. Give us a man of noble traits, a bold, gallant, high-minded person, a man of genius who though we see his political errors, we can yet assure ourselves can do nothing mean. Give us such a man for instance as Henry Clay. He would have our respect our admiration. Not of military chieftain heroism; oh no! but of a kind not related to the humbug family.