Warsaw Message/July 12, 1843/Page 3

 JOSEPH SMITH, THE MORMON PROPHET.

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 on 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 intimnidation 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 affectio8n and attachment for Msith, made no attempt whatever at a rescue.--They arrive in Nauvoo, Smith still in the charge of Reynolds. A new writ of habeas corpus was not 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 Smith was 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 and 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 appear 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 spiritis 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 herely to be held in abeyance, compelled to vote the democratic ticket at the elections, and afterward 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 rights 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 conversatism, 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 wroth 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 opinoin that such a time can ever arrive. If in the course of our future history, some great and tredmendous 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 calender 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 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.

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CYRUS WALKER.

This gentlemen, has during the present week canvassed the eastern portion of our county, visiting and making speeches at August, Plymouth, and Fountain Green. He has left the most favorable impressions behind him. The slanderrs and misrepresentations set afloat by Locofoco malevolance will have no other effect than to awaken and increase the zeal and enthusiasm of his friends, and of the whigs generally. It was loco foco ingenuity, which hatched the story, that Walker and Browning got up the prosecution against Smith, for the purpose of injuring Walker at Nauvoo; and from the same quarter a thousand lies have proceeded, the object of which have boen to throw obloquy upon him, and to injure him in the opinion of his old friends for the course he took in defending Smith. These arts will not succeed--Firm true-hearted whigs are not to be entangled by such snares. The traps as well as the trappers, are both to be despised

Walker defenped Smith--who blames him? He was requested to do so by Smith--was paid for doing it--did the same thing in 1840. The constitution guarantees to every man the right of coursel--no matter how unpopular may be the criminal or client, his lawyer is bound by his oath to be true to him.

Walker, as a lawyer, dared to defend Smith his client. The flasehood and detraction he foresaw the Locos would put in circulation for pylitical effect, did not intimidate him.--He showed a noble independence, and we like the man the better for it. Had he act ed otherwise--had he feared to his duty, be cause of the unpopularity of Smith--had he swerved one inch from the plain road, for fear of falsehood, abuse and misrepresentation, he would not have acted worthy of Cyrus Watker--he would have slandered the high and spotless character which procured him the unanimous nomination at Rock Island in May last--he would have tarnished the reputation which thirty years of perserverance and integrity has established.

Those who live in glass houses should not throw stones. Then, candidate Hogue, if we mistake not, has need of all the admonitions the locofocos have to spare. He on hearing of Smith's arrest, without waiting to apologize to the audience, who had met to hear his speech, started off post-haste to Dixon and most humbly volunteered his services to S. They were rejected, and hence the indignation of the lofocos. Messrs. Wilson and Reynolds now desired Mr. Hogue's professional services--but they were told that he could do nothing for them. He indeed was afraid to do his duty; he feared it might affect his canvass. He contemptible does such conduct contrast with the noble course of Mr Walker?

Whigs, remember that on the day of election, the Locofocos, every one of them, will be found at the polls voting for Hoge. They may tell you otherwise, but it is a mere trick to deter you from voting for the whig candidate.

Messrs. Walker and Hoge, we believe, will visit our town in company in a few days.

P.  Sickness among the hands in the office, has prevented us from issuing a paper for two weeks past. Gur next regular issue will be on Wednesday of week after next.

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THE POST MASTER AT SHANEETOWN.

Some people take especial pains to make the world believe they are knaves and fools. This is useless--for with all such, the discovery would not fail of being made in due time, without any extra labor.

The new Tyler Post Master at Shawneetown, Illinois, is one of these. The manner he takes to distinguish himself is, to procure some type, and label on the wrappers of the Whig papers printed in his place, and which circulate through his office, the following very witty and cutting sentences: "Wood be government Regulators! Lying is the order of the day with the Republican." We have before us one of these, stamped on both sides of the envelope of the Republican, in red ink, and signed "P. M." Poor, contemptible fellow! A man capable of such meanness, is just worthy of being the tool and associate of the administration of John Tyler. G.

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OUR OWN STATE.

Both parties have brought out their candidates in all the districts in this state--except the second. In that district, Zadoc Casey is a conservative candidate, in opposition to the locofoco candidate--and will probably be supported by the whigs. The following named gentlemen are in nomination:

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HUGH S. LEGARE,

Attorney General of the United States, and Secretary of State ad interim, died at the residence of George Ticknor, in Boston; on the 20th June, after a very short illness.--Mr. Legare was a descendent of the Hugucnot settlers in South Carolina, and was much esteemed throughout the country, as an accomplished scholar, and upright statesman.

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NEVILLE B. CRAIG, ESQ.

Former Editor of the Pittsburgh Gazette, has been nominated for Congress by the Anti-Masonic Whigs of Pittsburgh, Pa.

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Why are ladies like stagers? Because their first object is to secure the male.

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BONNET

AND

DRESS MAKING.

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MRS. M. H. GREGG, having resumed the above business at her hold residence, on the corner of Glay and Washington Streets, is now reapy to accomodate all those who may favor her with a call.--Having spent the last winter and spring in the city of St. Louis, where she has taken great pains to acvuire a knowlepge of the latest fashions, she hopes by strict attention to be able to give general satisfaction. N. B Gentlemen wishing fine shirts made can also ce accommopated.

Warsaw, July 15. n35t6

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Important Discovery!

DR. BAILEY, of Washington City, has at length discovered a certain cure of Corns.--This medicine is warranted to cure in the short space of fifteen minutes, without pain or danger to the patient. For sale by GEO. ROCKWELL. Only Agent for Hancock c. Ills. and Clark co. Mo.

THOMAS W. WHITTEMORE,

Traveling Agent.

Warsaw, July 15. n25-6m Chigacago Exp.

Wanted. 200 dozen chickens, for which one dollar per dozen will be given by

Warsaw, July 15. J L. KIMBALL.

Administrator's Notice. Estate of John Cochran deceased. The undersigned, executor of the estate of John Cochran deceased, will attend the Court of Probate, to be holden at the office of the PRobate Justice of the PEace in Carthage Hancock County, on the first monday in October next, when and where all persons having claims against said estate are quested to present the same for adjustment. SAML. STEELE.

July 15 1843 n 35 4t. Executor.

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LIST OF LETTERS

REMAINING in the Office at Warsaw, Illinois June 30th 1843, which if not taken out within three months, will be sent to the General Post Office as dead letters.

GEO. ROCKWELL, P. M.

HEMP WANTED. 30 to 50 Tons Merch table HEMP. For which the highest pr. will be paid. J. MOSS

Jan 161843 3y