| 746 Warsaw and other places in the neighborhood. The Governor was at headquarters in person, for the purpose of seeing that the laws of the land were executed, and had pledged his own faith and the faith of the State of Illinois, that the Smiths and the other persons concerned with them should be protected from personal violence, if they would surrender themselves to be dealt with according to law. During the two succeeding days his Excellency repeatedly expressed to the legal counselors of the Smiths his determination to protect the prisoners, and to see that they should have a fair and impartial examination, so far as depended on the Executive of the State. On Tuesday morning, soon after the surrender of the prisoners on the charge of riot, General Joseph Smith and his brother Hyrum were both arrested on a charge of treason against the State of Illinois. The affidavits upon which the writs issued were made by Henry O. Norton and Augustine Spencer.
"On Tuesday afternoon the two Smiths and other persons on the charge of riot appeared before R. F. Smith, a justice of the peace residing at Carthage; and by advice of counsel, in order to prevent if possible any increase of excitement, voluntarily entered into recognizance in the sum of five hundred dollars each with unexceptionable security, for their appearance at the next term of the Circuit Court for said county. The whole number of persons recognized is fifteen, most if not all of them leading men in the Mormon Church.
"Making out the bonds and justifying bail necessarily consumed considerable time, and when this was done it was near night, and the justice adjourned his court over without calling on the Smiths to answer to the charge of treason, or even intimating to their counsel or the prisoners that they were expected to enter into the examination that night. In less than an hour after the adjournment of the court, Constable Bettisworth, who had arrested the prisoners in the morning, appeared at Hamilton's Hotel, at the lodgings of the prisoners and their counsel, and insisted that the Smiths should go to jail. Mr. Woods, of Burlington, Iowa, and myself, as counsel for the prisoners, insisted that they were entitled to be brought before the justice for examination,
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