http://www.solomonspalding.com/docs/frd1854c.htm#pg316Thomas Ford wrote:The constable immediately delivered his prisoner to the Missouri agent, and returned his warrant as having been executed. The agent started with his prisoner in the direction of Missouri, but on the road was met by a number of armed Mormons, who captured the whole party, and conducted them in the direction of Nauvoo. Further on they were met by hundreds of the Mormons, coming to the rescue of their prophet, who conducted him in grand triumph to his own city. Cyrus Walker, the whig candidate for Congress, was sent for to defend him as a lawyer; a writ of habeas corpus was sued out of the municipal court; Mr. Walker appeared as his counsel, and made a wonderful exertion, in a speech of three hours long, to prove to the municipal court, composed of Joe Smith's tools and particular friends, that they had the jurisdiction to issue and act on the writ under the ordinance of their city. Mr. Hoge also, the democratic candidate, had gone to Nauvoo seeking the votes of the Mormons. He and Mr. Walker were both called upon, in a public assembly of the Mormons, to express their opinion as to the legality of this ordinance of the city giving to the municipal court power to issue writs of habeas corpus in all cases of imprisonment, and both of them gave their solemn opinion in favor of the power.
Thus the Mormons were deluded and deceived by men who ought to have known and did know better. It was a common thing for this people to be eternally asking and receiving advice. If judicious and legal advice were given to them, they rejected it with scorn, when it came in conflict with their favorite projects; for which reason all persons designing to use them, made it a rule to find out what they were in favor of, and advise them accordingly. In this mode the Mormons relied for advice, for the most part, upon the most corrupt of mankind, who would make no matter of conscience of advising them to their destruction, as a means of gaining their favor.
https://www.josephsmithpapers.org/paper ... ll%20powerJoseph Smith wrote:It has been asserted by the great and wise men, lawyers and others, that our municipal powers and legal tribunals are not to be sanctioned by the authorities of the State; and accordingly they want to make it lawful to drag away innocent men from their families and friends, and have them put to death by <un>godly men for their religion! Relative to our city charter, courts, right of Habeas Corpus, &c, I wish you to know and publish that we have all power; and if any man from this time forth says any thing to the contrary, cast it into his teeth. There is a secret in this, if there is not power in our charter and courts, then there is not power in the State of Illinois, nor in the Congress, or Constitution of the United States; for the United States gave unto Illinois her Constitution or Charter, and Illinois gave unto Nauvoo her charters, ceding unto us our vested rights, which she has no right or power to take from us: all the power there was in Illinois she gave to Nauvoo; and any man that says to the Contrary, is a fool.
