| 660 "MUNICIPAL COURT OF THE CITY OF NAUVOO, ILLINOIS.
"Second day of special term, July 1, 1843.
"Before Alderman William Marks, Acting Chief Justice; and Aldermen Daniel H. Wells, Newel K. Whitney, George W. Harris, Gustavus Hills, and Hiram Kimball, Associate Justices; presiding.
"Exparte Joseph Smith, } Messrs. Walker, Patrick, and
"On Habeas Corpus. } Southwick, Counsel for Smith.
"Mr. Mason, Counsel for Reynolds.
"This case came before the court upon a return to a writ of habeas corpus, which was issued by this court, on the 30th of June, 1843, upon the petition of Joseph Smith, Senior, as follows:-
"STATE OF ILLINOIS,} Sect.
"City of Nauvoo. }
"To the Honorable the Municipal Court of the City of Nauvoo, Hancock County and State of Illinois:-
"Your petitioner, Joseph Smith, Sr., who has been arrested by and under the name of Joseph Smith, Jr., states on oath that he is now detained as a prisoner, and in the custody of Joseph H. Reynolds, in the said city of Nauvoo, and State of Illinois, who claims to be the agent of the State of Missouri; and that your petitioner was arrested by one Harmon G. Wilson, by virtue of what purports to be a warrant issued by His Excellency, Thomas Ford, Governor of the State of Illinois, in the county of Lee, and State of Illinois; and by said Wilson your petitioner was delivered into the custody of said Joseph E. Reynolds, at and within the county of Lee, aforesaid; that said supposed warrant, so issued by His Excellency, Thomas Ford, Governor as aforesaid, and the arrest thereupon, and the imprisonment consequent thereupon, by said Wilson, and afterward by said Joseph H. Reynolds, 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:-
"1st. The said supposed warrant so issued by the said Governor of the State of Illinois, as aforesaid, does not confer any authority to arrest your petitioner, for that it commands the officers therein named to arrest one Joseph Smith, Jr.,
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