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

  • Source Note
  • Historical Introduction
Page 1593
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<​June 30​> . riding by my side into . The Carriages having formed in line, the Company with me following next, and the citizens fell in the rear. As we approached the , the scene continued to grow more interesting. The streets were generally lined on both sides with the Brethren and Sisters, whose countenances were joyous and full of satisfaction to see me once more safe; I was greeted with the cheers of the people, and firing of guns and cannon, we were obliged to appoint a number of men to keep the Streets open for the procession to pass, and arrived at my house about one oClock, where my aged was at the door to embrace me with tears of joy rolling down her cheeks, and my children clung around me with feelings of enthusiastic and enraptured pleasure; Little , exclaimed “Pa the Missourians wont take you away again, will they?” the friends from gazed with astonishment and rapture to see the enthusiastic attachment of my family and the Saints towards me. The multitude seemed unwilling to disperse until after I had arisen on the fence and told them “I am out of the hands of the Missourians again, thank God, I thank you all for your kindness and love to me. I bless you all in the name of Jesus Christ. Amen, I shall address you [HC 5:459] at the near the at 4 o’Clock.” this afternoon.
<​x​> <​x When I went to dinner with my family, and were placed at the head of the Table with about 50 of my friends, and were served with the best that the table afforded by my , [blank] whom they refused to allow me to see, when they so cruelly arrested and ill treated me, which contrasted strongly with their treatment to me when I was first arrested by them, & until my friends met me.​> [HC 5:460]
As soon as we arrived in the the Municipal court came together when I told them that “the writ of Habeas Corpus granted by the Master in Chancery at was made returnable to the nearest court having jurisdiction, and you are that court.” A requisition was made on to return the Writ who refused when I signed the following Petition.
To the Honorable the Municipal Court, of the city of , Hancock County, and State of :— Your Petitioner, Joseph Smith, Senior, who has been arrested by, and under the name of Joseph Smith Junior, states on oath, that he is now detained as a prisoner, and in the custody of , in the said city of , and state of , who claims to be the Agent of the state of and that your Petitioner was arrested by one , by virtue of what purports to be a warrant issued by His Excellency, , Governor of the state of , in the county of , and state of , and by said your petitioner was delivered into the custody of said , at and within the county of , aforesaid; that said supposed warrant, so issued by his Excellency, , Governor as aforesaid, and the arrest thereupon, and the imprisonment consequent thereupon, by said , and afterwards by said , is illegal, and in violation of law, and without the authority of law, as he is informed and verily believes, for the following, besides other reasons, to wit; [HC 5:461]
1st. The said supposed warrant so issued by the said of the State of , as aforesaid, does not confer any authority to arrest your Petitioner, for that it commands the officers therein named, to arrest one Joseph Smith Junior, where as the name of your Petitioner is Joseph Smith, Senior, and your Petitioner avers that he is not known and reputed by the name of Joseph Smith Junior.
2nd. The said supposed warrant, is defective and void, for that it does not [p. 1593]
June 30 . riding by my side into . The Carriages having formed in line, the Company with me following next, and the citizens fell in the rear. As we approached the , the scene continued to grow more interesting. The streets were generally lined on both sides with the Brethren and Sisters, whose countenances were joyous and full of satisfaction to see me once more safe; I was greeted with the cheers of the people, and firing of guns and cannon, we were obliged to appoint a number of men to keep the Streets open for the procession to pass, and arrived at my house about one oClock, where my aged was at the door to embrace me with tears of joy rolling down her cheeks, and my children clung around me with feelings of enthusiastic and enraptured pleasure; Little , exclaimed “Pa the Missourians wont take you away again, will they?” the friends from gazed with astonishment and rapture to see the enthusiastic attachment of my family and the Saints towards me. The multitude seemed unwilling to disperse until after I had arisen on the fence and told them “I am out of the hands of the Missourians again, thank God, I thank you all for your kindness and love to me. I bless you all in the name of Jesus Christ. Amen, I shall address you [HC 5:459] at the near the at 4 o’Clock.” this afternoon.
x x When I went to dinner with my family, and were placed at the head of the Table with about 50 of my friends, and were served with the best that the table afforded by my , [blank] whom they refused to allow me to see, when they so cruelly arrested and ill treated me, which contrasted strongly with their treatment to me when I was first arrested by them, & until my friends met me. [HC 5:460]
As soon as we arrived in the the Municipal court came together when I told them “the writ of Habeas Corpus granted by the Master in Chancery at was made returnable to the nearest court having jurisdiction, and you are that court.” A requisition was made on to return the Writ who refused when I signed the following Petition.
To the Honorable the Municipal Court, of the city of , Hancock County, and State of :— Your Petitioner, Joseph Smith, Senior, who has been arrested by, and under the name of Joseph Smith Junior, states on oath, that he is now detained as a prisoner, and in the custody of , in the said city of , and state of , who claims to be the Agent of the state of and that your Petitioner was arrested by one , by virtue of what purports to be a warrant issued by His Excellency, , Governor of the state of , in the county of , and state of , and by said your petitioner was delivered into the custody of said , at and within the county of , aforesaid; that said supposed warrant, so issued by his Excellency, , Governor as aforesaid, and the arrest thereupon, and the imprisonment consequent thereupon, by said , and afterwards by said , is illegal, and in violation of law, and without the authority of law, as he is informed and verily believes, for the following, besides other reasons, to wit; [HC 5:461]
1st. The said supposed warrant so issued by the said of the State of , as aforesaid, does not confer any authority to arrest your Petitioner, for that it commands the officers therein named, to arrest one Joseph Smith Junior, where as the name of your Petitioner is Joseph Smith, Senior, and your Petitioner avers that he is not known and reputed by the name of Joseph Smith Junior.
2nd. The said supposed warrant, is defective and void, for that it does not [p. 1593]
Page 1593