The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-11-05
NauvOO.
lCorresDondenre of the HERALD

Atatrs among the Mormoas-The Prlphet's Cause
His DislPpeUaace-E mn1 Saiah-Business-
Aaruss1'eas-- Young Ladies of Naupoo- Medical.
JAMES GORDON BENNETT, ED
DEAR SIR
The representatives of two great nations have eff
fected treaty-Lord Ashburton has returned to his
dear old England-all is peace--al is harmony
The comfy of nations remains unviolated and the
text OF Waite, and Putfsndorf have, we hope, been
strictly adhered to. II, in doing honor to her Ma
jeslys Ambassador, dishonor has been done to ouI
President, we, OF the far west, should regret it
ry much il we could believ. that the actors al the
Ashourion dinner were True specimens oil American
gentlemen, possessed OF American feeling AS IL Is,
suppress re sentiment and be satisfied Va In
the explanation OF wag, VINO SAID, the reason
the toast TO the President drank sltns was that
the company were not able to stand.
Wniic the peace of the nation remains undlSturD-
ed there stl /, Questions Oi perpiexn5 character
ing between the States The Constitution OF
the Uuted States declares that person charged IN
any State win felony otner cfn-, WAC snail flee
from justice and De found aaotner Sta snd, on
de.nand o The Executive authority oi the Stale
from winch he hfd, De delivered up. Inls being
paramount law must be complied with according 10
the Intent and spirit vi the law. In the history OF
our government there has been TWO cases to my
knowledge where the demand VI one Executive
Was refused by anotner-the controversy between
Virginia and New York, and the one between
refusal was, that the offence charged was not
punishable by any law OF the Stale vi which the
person charged was Resident. Al does not require
the wisdom OF Coke a Mansfield To CONCEIVE
Case where the refusal shou d be made otner and
iferent grounds. Inc ,rdmers vi the Constitution
could not have intended that any charge, made by
ANY vagrant, Tor any motive, won DC suiiicienl To
Justify executive 10 demand another To de-
liver up. They could only have Int nded that the
charge should De made by responsipie pefson, that
he snould have good cause tor oenevihs what lie
swore TO, that there should be circumstances cor
roDerating and strengthening his allegations ana me
fact VIGOROUSLY known that the person charged mad
fled from Ju tee.
Now,s Joseph Smith is demanded by the Cover
nor of Missouri; that demand is predlcated upon an
affidavit made by Lllburn w. Boggs, alleging that
one L. y. Rockwell committed upon him an assault
with intent to Kill, on the night OF the sixth OF May
last and that Joseph Smith was accessory before the
fact, and that he, Joseph Smlh, had lied the
justice of said State. Now it is fact well
known to thousands that he was here al home at
the time specified Ia the affidavit and that he has
not been 10 Missouri tor two years. lie therefore
could not have committed any crime against
the laws of Missouri, but still he Is den,anded-
a writ Is issued by Gov Carnn OF LIMOS tor
his arrest, ard he is now hunted as the tiger
hunts his prey The question IS asked by so ar,
- II he is innocent, why not give himself up! he
reply that is, that II he were TO be akento Mis-
souri, MS lie would be In danger IRON vio cnce,
not that the law would condemn MN when there
but that his old bitter enemies would visit upon his
head the vengeance due 10 their own Crimes IL Is
said also by some, Let hun suffer the arrest, and
sue out a writ OF habeas corpus, and have the wnt
legally tested" Well, suppose he does the question
then arises, " Can he go behind the affidavit, and
prove beyond the possibility OF doubt the taacy OF
the charge % The law says, " on writ OF habeas
corpus, the legality OF the writ only can be inquired
and not the guilt or innocence Of The prisoner
Now these stern rules, and II there are no ex-
cepons to these rules, then our laws are no better
adapted TO circumstances imam the ancient laws
of the Modes and Perslans would be
Suppose, sir, that Cook Bennett should be rode
out OF New York on rail and kicked over
the Alleganies, and he should land III the Stale
of Illinois, he would surely want TO punish some
body he then should SIT down and make an
affidavit, soemnly declaring that Col Webb OF the
regular army did, on certain day, III the couhty OF
| Hancock, and State of Illinois, with malice pre-
pense, without having the fear of God before his
eyes, kill, destroy, and take the life OF one Maria
and that the said Col. Webb has fled the justice of
the State. The affidavit is put into the hands OF
Gov, Carlin-he makes a demand upon Gov. Sc
ward tor the fugitive from justice-Gov Seward is-
murder of Maria Monk--the Colonel is little
frightened" But ah !" says he, &c will have
writ OF habeas corpus-l will prove an albi'-the
writ is lssued-the prisoner brought before Judge
kent-the Judge examines the papers, knits his
brows, commands silence, and asks the prisoner
what he proposes to do 81 PROPOSE" says the CO.
lionel, ito prove an allb," and calls witness
Stop, stop; silence ~ roars out the court; " you
beams end-he says, Why, why, may it please
the Court, can prove that the very day men,
toned in the affidavit was in the State OF Della
ware, along Naeman's Creek shooting at Tom
Marshall; I'LL was wounded in the leg'-the
Court decides the writ is legal and executed ac-
cording TO law, and commands the prisoner re-
moved
Now, Sir, the case is a hypothetical one, but per.
fectly analogous to the one OF Joseph Smith, and
do say that the doctrine of personal security is all
farce; II only exists in the Imagination, as long
such persons as Cook Bennett, Maria Monk, and J.
M Bolts, credited and the stern intexible rules
OF law adhered 10 in such cases
The Prophet Is absent at present account OF the
oppressive arm OF Missouri held IN feTorum over
his head. Mrs: Emma, the highly gifted and &C
compished wife of the Prophef, has been very i'll,
but is now convaIescent her returning health is
hailed with unspeakable Joy by very large circle of
warm and admiring friends, and he who Is in exile
must receive the unwelcome ildDgs with that feel
ing which can be felt only by a fond and doaiing
husband
The weather is delightful, the a,mosphere.pure
and braclng; the ladies, Lord bless them, enjoy
others in carriages, laughing and cha,tering along
the street with all the appearance OF unqualified
happiness. The two Miss his ride very
gracefully on horseback, which all would expect
mated countenances. / am told one OF them plays
elegantly on the piano could not do Justice TO
tile merits OF many Of our young ladies II were to
attempt i The mentioning Of the names of some
must suffice. The an,iable Miss Ms, Miss
Wy, Miss SIS, the Miss Rs, all
beautiful, interesting, and intelligent, prospects fair
for the candidates for matrimony--very fair for a
new country.
The emigrans are still coming in and improvements
going on with rapid strides. The season has been
quite a healthy one Fevers have been somewhat
prevalent, but very few that have proved fatal
We have physician here, graduate Of Dart
mouth College, who, to use his own phrase, always
straighteDs them out whenever he is called. II has
been maliciousIy intmated that he must possess
magic, which renders him so successful. as he is
never known to have any other kind Of medicine
but calomel and Dovers powders but expect that
is libel on his medicine chest
a GENTLE