Chapter VIII
INSTRUCTIONS ON BAPTISM FOR THE DEAD--CORRESPONDENCE BETWEEN EMMA SMITH AND GOVERNOR CARLIN--THE PROPHET'S FIRST LETTER TO JAMES ARLINGTON BENNETT.
[Sidenote: Hyde's Pamphlet]
Some time this month [August, 1842] Elder Hyde published a pamphlet in the German language, in Germany, entitled "A Cry out of the Wilderness," &c., of about 120 pages, setting forth the rise, progress and doctrines of the Church of Jesus Christ of Latter-day Saints.
About this time, while I was crossing from Montrose to Nauvoo in a boat in company with Brother Hyrum, we passed through an immense shoal of fish of considerable size. Hundreds jumped in and over the boat; but we succeeded in catching about sixteen, which we brought to shore.
Thursday, September 1, 1842.--During the forenoon in the Assembly Room, and in the afternoon at home, attending to business. Wrote the following:
A Letter from the Prophet to the Saints at Nauvoo--Directions on Baptism for the Dead. [A]
[Footnote A: See Doc. and Cov. cxxvii. See also Times and Seasons vol. III, page 919.]
To all the Saints in Nauvoo.--Forasmuch as the Lord has revealed unto me that my enemies, both in Missouri and this state, were again in the pursuit of me; and inasmuch as they pursue me without a cause, and have not the least shadow or coloring of justice or right on their side, in the getting up of their prosecutions against me; and inasmuch as their pretensions are all founded in falsehood of the blackest dye, I have thought it expedient and wisdom in me to leave the place for a short season, for my own safety and the safety of this people.
I would say to all those with whom I have business, that I have left my affairs with agents and clerks, who will transact all business in a {143} prompt and proper manner, and will see that all my debts are cancelled in due time, by turning out property, or otherwise, as the case may require, or as the circumstances may admit of. When I learn that the storm is fully blown over, then I will return to you again.
2. And as for the perils which I am called to pass through, they seem but a small thing to me, as the envy and wrath of man have been my common lot all the days of my life; and for what cause it seems mysterious, unless I was ordained from before the foundation of the world, for some good end, or bad, as you may choose to call it. Judge ye for yourselves. God knoweth all these things, whether it be good or bad.
But, nevertheless, deep water is what I am wont to swim in; it all has become second nature to me. And I feel, like Paul, to glory in tribulation: for to this day has the God of my fathers delivered me out of them all, and will deliver me from henceforth; for behold, and lo, I shall triumph over all my enemies, for the Lord God hath spoken it.
3. Let all the Saints rejoice, therefore, and be exceedingly glad, for Israel's God is their God; and he will mete out a just recompense of reward upon the heads of all your oppressors.
4. And again, verily, thus saith the Lord, let the work of my Temple, and all the works which I have appointed unto you, be continued on and not cease; and let your diligence and your perseverance, and patience, and your works be redoubled; and you shall in no wise lose your reward, saith the Lord of Hosts; and if they persecute you, so persecuted they the prophets and righteous men that were before you. For all this there is a reward in heaven.
5. And again I give unto you a word in relation to the baptism for your dead.
6. Verily thus saith the Lord unto you concerning your dead: when any of you are baptized for your dead, let there be a recorder; and let him be eyewitness of your baptisms; let him hear with his ears, that he may testify of a truth, saith the Lord.
7. That in all your recordings it may be recorded in heaven; whatsoever you bind on earth may be bound in heaven; whatever you loose on earth shall be loosed in heaven.
8. For I am about to restore many things to the earth pertaining to the Priesthood, saith the Lord of Hosts.
9. And again, let all the records be had in order, that they may be put in the archives of my Holy Temple, to be held in remembrance from generation to generation, saith the Lord of Hosts.
10. I will say to all the Saints, that I desired with exceedingly great desire to have addressed them from the stand on the subject of baptism for the dead, on the following Sabbath. But inasmuch as it is out of {144} my power to do so, I will write the word of the Lord from time to time, on that subject and send it you by mail, as well as many other things.
11. And now I close my letter for the present, for the want of more time; for the enemy is on the alert; and, as the Savior said, the prince of this world cometh, but he hath nothing in me.
12. Behold my prayer to God is, that you all may be saved: and I subscribe myself your servant in the Lord, Prophet and Seer of the Church of Jesus Christ of Latter-day Saints.
JOSEPH SMITH.
The following is from the Times and Seasons of September 1st.
Excerpt from a Communication from William Law.
Let none suppose that God is angry with His Saints because He suffers the hand of persecution to come upon them. He chasteneth those whom He loveth, and trieth and proveth every son and daughter, that they may be as gold seven times purified. Rejoice then, ye Saints of the Most High; for the God of Abraham is your God, and He will deliver you from all your enemies. Seek diligently to know His will, and observe to do it. Be zealous in the cause of truth, in building up the kingdom of Christ upon the earth, in rearing up the Temple of God at Nauvoo, and in all works of righteousness. And say not "The Lord delayeth His coming;" for behold the day draweth near; the hour approacheth; be ye ready.
Be virtuous, be just, be honorable, be full of faith, love and charity; pray much and be patient; wait a little season and the voice of God shall thunder from the heavens. His voice shall be very terrible; then the wicked shall tremble and fall back; they shall be taken in their own snares, and fall into the pit that they have digged for others; but the just shall live by faith, and shall shine forth as the stars in the firmament; their glory shall be as the brightness of the sun; for they are God's.
WILLIAM LAW.
Friday, 2.--Spent the day at home. A report reached the city this afternoon that the sheriff was on his way to Nauvoo with an armed force.
Saturday, 3.--In the morning at home, in company with John F. Boynton. [B]
[Footnote B: John F. Boynton, as will be remembered, was at one time a member of the quorum of the Twelve Apostles in the Kirtland period of Church history; see Vol. II, pp. 187 and 191.]
{145} [Under this date, the Prophet's secretary wrote the following:]
An Attempt to Arrest the Prophet.
A letter was received from Brother Hollister to the effect that the Missourians were again on the move, and that two requisitions were issued, one on the governor of this state, and the other on the governor of Iowa. Their movements were represented as being very secret and resolute. Soon after 12 o'clock, Pitman, the deputy sheriff, and two other men came into the house. It appears that they had come up the riverside, and hitched their horses below the Nauvoo House, and then proceeded on foot undiscovered, until they got into the house. When they arrived, President Joseph Smith was in another apartment of the house, eating dinner with his family. John Boynton happened to be the first person discovered by the sheriffs, and they began to ask him where Mr. Smith was. He answered that he saw him early in the morning; but did not say that he had seen him since.
While this conversation was going on, President Joseph Smith passed out of the back door, and through the corn in his garden to Brother Newel K. Whitney's. He went up stairs undiscovered. Meantime Sister Emma went and conversed with the sheriffs. Pitman said he wanted to search the house for Mr. Smith. In answer to a question by Sister Emma, he said he had no warrant authorizing him to search, but insisted upon searching the house. She did not refuse, and accordingly they searched through, but to no effect.
This is another testimony and evidence of the mean, corrupt, illegal proceedings of our enemies, notwithstanding the Constitution of the United States says, Article 4th, "The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized."
Yet these men audaciously, impudently and altogether illegally searched the house of President Joseph Smith even without any warrant or authority whatever. Being satisfied that he was not in the house, they departed. They appeared to be well armed, and no doubt intended to take him either dead or alive; which we afterwards heard they had said they would do; but the Almighty again delivered His servant from their bloodthirsty grasp.
It is rumored that there are fifteen men in the city along with the sheriffs, and that they dined together today at Amos Davis's. Soon after sundown, Thomas King and another person arrived at the house and {146} demanded to search, which they immediately did; but, finding nothing they also went towards Davis's. Some of them were seen about afterwards; but at about ten o'clock all was quiet.
It is said that they started from Quincy yesterday, expecting and fully determined to reach Nauvoo in the night, and fall upon the house unawares; but report says they lost the road, and got scattered away one from another, and could not get along until daylight. This, in all probability, is true, as they appeared much fatigued, and complained of being weary and sore from riding.
President Smith, accompanied by Brother Erastus Derby, left Brother Whitney's about nine o'clock, and went to Brother Edward Hunter's, where he was welcomed, and made comfortable by the family, and where he can be kept safe from the hands of his enemies.
Sunday, 4.--Hyrum Smith and William Law left for the Eastern States.
Monday, 5.--The sisters wrote as follows:
Petition of the Female Relief Society to Governor Carlin.
To his Excellency Thomas Carlin, Governor of the State of Illinois:
We, the undersigned members of the Nauvoo Relief Society, and Ladies of Nauvoo, hearing many reports concerning mobs, threats of extermination, and other excitement, set on foot by John C. Bennett, calculated to disturb the peace, happiness and well-being of this community, have taken the liberty to petition your Excellency for protection.
It may be considered irrelevant for ladies to petition your Excellency on the above-named subject, and may be thought by you, Sir, to be officious, and that it would be more becoming for our husbands, fathers, brothers and sons to engage in this work, and in our defense. This, Sir, we will admit, in ordinary cases is right, and that it would be more consistent with the delicacy of the female character to be silent; but on occasions like the present, our desires for the peace of society, the happiness of our friends, the desire to save the lives of our husbands, our fathers, our brothers, our children, and our own lives, will be a sufficient palliation, in the estimation of your Excellency, for the step we have taken in presenting this petition, in support of the one already sent your Excellency by the male inhabitants of this city.
We would respectfully represent to your Excellency that we have not yet forgotten the scenes of grief, misery and woe that we had to experience from the hands of ruthless and bloodthirsty mobs in the state of Missouri. The cup of misery was prepared by lying, slander {147} and misrepresentation. It was wrung out and filled by tyranny and oppression, and by a ruthless, inhuman mob. We had to drink it to the dregs.
Your Excellency will bear with us if we remind you of the cold-blooded atrocities that we witnessed in that state. Our bosoms heave with horror, our eyes are dim, our knees tremble, our hearts are faint, when we think of their horrid deeds; and if the petitions of our husbands, brothers, fathers, and sons will not answer with your Excellency, we beseech you to remember that of their wives, mothers, sisters and daughters. Let the voice of injured innocence in Missouri speak; let the blood of our fathers, our brothers, our sons and our daughters speak; let the tears of the widows and orphans, the maimed and impoverished speak; and let the injuries sustained by fifteen thousand innocent, robbed, spoiled, persecuted, and injured people speak; let the tale of woe be told; let it be told without embellishment, prejudice or color; and we are persuaded there is no heart but will be softened, no feelings but will be affected, and no person, but will flee to our relief.
Far be it from us to accuse your Excellency of obduracy or injustice. We believe you to be a humane, feeling, benevolent and patriotic man; and therefore we appeal to you.
Concerning John C. Bennett who is trying with other political demagogues, to disturb our peace, we believe him to be an unvirtuous man and a most consummate scoundrel, a stirrer up of sedition, and a vile wretch unworthy the attention or notice of any virtuous man; and his published statements concerning Joseph Smith are bare-faced, unblushing falsehoods.
We would further recommend to your Excellency, concerning Joseph Smith, that we have the utmost confidence in him, as being a man of integrity, honesty, truth, and patriotism. We have never, either in public or private, heard him teach any principles but the principles of virtue and righteousness. And so we have knowledge, and we know him to be a pure, chaste, virtuous and godly man.
Under these circumstances, we would petition your Excellency to exert your privilege in an official capacity, and not to suffer him (should he be demanded) to go into the state of Missouri; for we know that, if he should, it would be the delivering up the innocent to be murdered. We would represent to your Excellency that we are a law-abiding people, a virtuous people, and we would respectfully refer your Excellency to the official documents of the state during our three years' residence in it, in proof of this. If we transgress laws, we are willing to be tried by those laws, but we dread mobs, we dread illegal process; we dread fermentation, calumny and lies, knowing that our difficulties in Missouri first commenced with these things.
{148} We pray that we may not be delivered into the hands of mobs, or subjected to illegal proceedings of the militia, but that we may have the privilege of self-defense, in case of attack, without having to contend with legalized mobs as in Missouri; and we therefore appeal to the honor, philanthropy, justice, benevolence and patriotism of your Excellency, to afford us all legal protection and to grant us our request; and we, as in duty bound, will ever pray.
Tuesday, September 6, 1842.--I wrote as follows:
Letter of the Prophet to the Church--Further Directions on Baptism for the Dead. [C]
[Footnote C: See Doc. and Cov. sec. cxxviii.]
NAUVOO, September 6, 1842.
To the Church of Jesus Christ of Latter-day Saints, greeting:--
1. As I stated to you in my letter, before I left my place, that I would write to you from time to time, and give you information in relation to many subjects, I now resume the subject of the baptism for the dead, as that subject seems to occupy my mind, and press itself upon my feelings the strongest, since I have been pursued by my enemies.
2. I wrote a few words of revelation to you concerning a recorder. I have had a few additional views in relation to this matter, which I now certify. That is, it was declared in my former letter that there should be a recorder who should be eye-witness, and also to hear with his ears, that he might make a record of a truth before the Lord.
3. Now, in relation to this matter, it would be very difficult for one recorder to be present at all times, and to do all the business. To obviate this difficulty, there can be a recorder appointed in each ward of the city, who is well qualified for taking accurate minutes; and let him be very particular and precise in taking the whole proceedings, certifying in his record that he saw with his eyes and heard with his ears, giving the date, and names, &c., and the history of the whole transaction; naming also, some three individuals that are present, if there be any present, who can at any time, when called upon, certify to the same, that in the mouth of two or three witnesses every word may be established.
4. Then let there be a general recorder, to whom these other records can be handed, being attended with certificates over their own signatures, certifying that the record they have made is true. Then the general church recorder can enter the record on the general church book, with the certificates and all the attending witnesses, with his own statement that he verily believes the above statement and records to be true, from his knowledge of the general character and appointment of those {149} men by the Church. And when this is done on the general church book, the record shall be just as holy, and shall answer the ordinance just the same as if he had seen with his eyes, and heard with his ears, and made a record of the same on the general church book.
5. You may think this order of things to be very particular; but let me tell you that it is only to answer the will of God, by conforming to the ordinance and preparation that the Lord ordained and prepared before the foundation of the world, for the salvation of the dead who should die without a knowledge of the gospel.
6. And further, I want you to remember that John the Revelator was contemplating this very subject in relation to the dead, when he declared, as you will find recorded in Revelation xx, 12: "And I saw the dead, small and great, stand before God; and the books were opened; and another book was opened, which was the book of life; and the dead were judged out of those things which were written in the books, according to their works."
7. You will discover, in this quotation, that the books were opened; and another book was opened, which was the book of life; but the dead were judged out of those things which were written in the books; according to their works: consequently, the books spoken of must be the books which contained the record of their works; and refer to the records which are kept on the earth. And the book which was the book of life is the record which is kept in heaven; the principle agreeing precisely with the doctrine which is commanded you in the revelation contained in the letter which I wrote to you previously to my leaving my place, that in all your recordings it may be recorded in heaven.
8. Now, the nature of this ordinance consists in the power of the priesthood, by the revelation of Jesus Christ; wherein it is granted that whatsoever you bind on earth shall be bound in heaven, and whatsoever you loose on earth shall be loosed in heaven. Or in other words, taking a different view of the translation, whatsoever you record on earth shall be recorded in heaven, and whatsoever you do not record on earth shall not be recorded in heaven; for out of the books shall your dead be judged, according to their own works, whether they themselves have attended to the ordinances in their own propria persona or by the means of their own agents, according to the ordinance which God has prepared for their salvation from before the foundation of the world, according to the records which they have kept concerning their dead.
9. It may seem to some to be a very bold doctrine that we talk of--a power which records or binds on earth, and binds in heaven: nevertheless, in all ages of the world, whenever the Lord has given a dispensation of the priesthood to any man by actual revelation, or any set of men, this power has always been given. Hence, whatsoever those men {150} did in authority, in the name of the Lord, and did it truly and faithfully, and kept a proper and faithful record of the same, it became a law on earth and in heaven, and could not be annulled, according to the decrees of the great Jehovah. This is a faithful saying--who can hear it?
10. And again, for a precedent, Matthew xvi: 18, 19. "And I also say unto thee, that thou art Peter; and upon this rock I will build my church, and the gates of hell shall not prevail against it: and I will give unto thee the keys of the kingdom of heaven; and whatsoever thou shalt bind on earth shall be bound in heaven, and whatsoever thou shalt loose on earth shall be loosed in heaven."
11. Now the great and grand secret of the whole matter, and the summum bonum of the whole subject that is lying before us, consists in obtaining the powers of the holy priesthood; for him to whom these keys are given, there is no difficulty in obtaining a knowledge of facts in relation to the salvation of the children of men, both as well for the dead as for the living.
12. Herein is glory, and honor, and immortality, and eternal life: The ordinance of baptism by water, to be immersed therein in order to answer to the likeness of the dead, that one principle might accord with the other. To be immersed in the water and come forth out of the water is in the likeness of the resurrection of the dead, in coming forth out of their graves. Hence, this ordinance was instituted to form a relationship with the ordinance of baptism for the dead, being in likeness of the dead.
13. Consequently, the baptismal font was instituted as a simile of the grave, and was commanded to be in a place underneath where the living are wont to assemble, to show forth the living and the dead, and that all things may have their likeness, and that they may accord one with another,--that which is earthly conforming to that which is heavenly, as Paul hath declared, I Cor. xv: 46, 47, and 48.
14. "Howbeit that was not first which is spiritual, but that which is natural, and afterwards that which is spiritual. The first man is of the earth, earthy; the second man is the Lord from heaven. As is the earthy, such are they also that are earthy; and as is the heavenly, such are they also that are heavenly." And as are the records on the earth in relation to your dead, which are truly made out, so also are the records in heaven. This, therefore, is the sealing and binding power, and, in one sense of the word, the keys of the kingdom, which consist in the key of knowledge.
15. And now, my dearly beloved brethren and sisters, let me assure you that these are principles, in relation to the dead and the living, that cannot be lightly passed over, as pertaining to our salvation. For their {151} salvation is necessary and essential to our salvation, as Paul says concerning the fathers, "that they without us cannot be made perfect;" neither can we without our dead be made perfect.
16. And now, in relation to the baptism for the dead, I will give you another quotation of Paul, I Corinthians xv: 29: "Else what shall they do which are baptized for the dead, if the dead rise not at all? why are they then baptized for the dead?"
17. And again, in connection with this quotation, I will give you a quotation from one of the prophets, who had his eye fixed on the restoration of the priesthood, the glories to be revealed in the last days, and in an especial manner this most glorious of all subjects belonging to the everlasting gospel, viz., the baptism for the dead; for Malachi says, last chapter, verses 5th and 6th, "Behold I will send you Elijah the prophet before the coming of the great and dreadful day of the Lord; and he shall turn the heart of the fathers to the children, and the heart of the children to their fathers, lest I come and smite the earth with a curse."
18. I might have rendered a plainer translation to this, but it is sufficiently plain to suit my purpose as it stands. It is sufficient to know, in this case, that the earth will be smitten with a curse, unless there is a welding link of some kind or other between the fathers and the children, upon some subject or other: and behold, what is that subject? It is the baptism for the dead. For we without them cannot be made perfect; neither can they without us be made perfect. Neither can they nor we be made perfect without those who have died in the gospel also; for it is necessary, in the ushering in of the dispensation of the fullness of times, which dispensation is now beginning to usher in, that a whole, and complete, and perfect union, and welding together of dispensations, and keys, and powers, and glories should take place, and be revealed, from the days of Adam even to the present time; and not only this, but those things which never have been revealed from the foundation of the world, but have been kept hid from the wise and prudent, shall be revealed unto babes and sucklings in this the dispensation of the fullness of times.
19. Now, what do we hear in the gospel which we have received? "A voice of gladness! A voice of mercy from heaven, and a voice of truth out of the earth; glad tidings for the dead; a voice of gladness for the living and the dead; glad tidings of great joy. How beautiful upon the mountains are the feet of those that bring glad tidings of good things, and that say unto Zion, Behold! thy God reigneth. As the dews of Carmel, so shall the knowledge of God descend upon them."
20. And again, what do we hear? Glad tidings from Cumorah! Moroni, an angel from heaven, declaring the fulfillment of the prophets {152}--the book to be revealed. A voice of the Lord in the wilderness of Fayette, Seneca county, declaring the three witnesses to bear record of the book. The voice of Michael on the banks of the Susquehanna, detecting the devil when he appeared as an angel of light. The voice of Peter, James, and John, in the wilderness between Harmony, Susquehanna county, and Colesville, Broome county, on the Susquehanna river, declaring themselves as possessing the keys of the kingdom and of the dispensation of the fullness of times.
21. And again, the voice of God in the chamber of old Father Whitmer in Fayette, Seneca county, and at sundry times and in divers places, through all the travels and tribulations of this Church of Jesus Christ of Latter-day Saints. And the voice of Michael, the Archangel, the voice of Gabriel and of Raphael, and of divers angels from Michael or Adam down to the present time, all declaring their dispensation, their rights, their keys, their honors, their majesty and glory, and the power of their Priesthood; giving line upon line, precept upon precept; here a little, and there a little; giving us consolation by holding forth that which is to come, confirming our hopes.
22. Brethren, shall we not go on in so great a cause? Go forward and not backward? Courage, brethren, and on, on to the victory! Let your hearts rejoice, and be exceeding glad. Let the earth break forth into singing. Let the dead speak forth anthems of eternal praise to the King Immanuel, who hath ordained before the world was, that which would enable us to redeem them out of their prisons; for the prisoners shall go free.
23. Let the mountains shout for joy, and all ye valleys cry aloud; and all ye seas and dry lands tell the wonders of your eternal King. And ye rivers, and brooks, and rills flow down with gladness. Let the woods and all the trees of the field praise the Lord; and ye solid rocks weep for joy. And let the sun, moon, and the morning stars sing together, and let all the sons of God shout for joy. And let the eternal creation declare His name for ever and ever. And again I say, how glorious is the voice we hear from heaven, proclaiming in our ears, glory, and salvation, and honor, and immortality and eternal life, kingdoms, principalities and powers.
24. Behold the great day of the Lord is at hand; and who can abide the day of His coming, and who can stand when He appeareth? For He is like a refiner's fire, and like fuller's soap; and He shall sit as a refiner and purifier of silver, and He shall purify the sons of Levi, and purge them as gold and silver, that they may offer unto the Lord an offering in righteousness. Let us, therefore, as a Church and a people, and as Latter-day Saints, offer unto the Lord an offering in righteousness, and let us present, in His holy Temple, when it is finished, a {153} book containing the records of our dead, which shall be worthy of all acceptation.
25. Brethren, I have many things to say to you on the subject, but shall now close for the present, and continue the subject another time.
I am, as ever, your humble servant, and never deviating friend,
JOSEPH SMITH.
[Sidenote: The Letter's Effect]
The important instructions contained in the foregoing letter made a deep and solemn impression on the minds of the Saints; and they manifested their intentions to obey the instructions to the letter.
In the evening, William Clayton and Bishop Whitney called to see me concerning a settlement with Edward Hunter. Also Brigham Young, Heber C. Kimball, and Amasa Lyman, called to counsel concerning their mission to the branches and people abroad.
Wednesday, September 7.--Early this morning Elders Adams and Rogers, of New York, brought me several letters--one from Dr. Willard Richards, who, referring to his visit with James Arlington Bennett, Esq., of Arlington House, says, he "would be pleased to receive a letter of President Joseph's own dictation, signed by his own hand;" which request I was disposed to comply with, but deferred it till the next day.
Governor Carlin wrote as follows:
_Governor Carlin's Letter to Emma Smith--Nauvoo's Charter and the Writ of Habeas Corpus_.
QUINCY, September 7, 1842.
DEAR MADAM.--Your letter of the 27th ultimo was delivered to me on Monday, the 5th instant, and I have not had time to answer it until this evening; and I now appropriate a few moments to the difficult task of replying satisfactorily to its contents, every word of which evinces your devotedness to the interest of your husband, and pouring forth the effusions of a heart wholly his. I am thus admonished that I can say nothing, that does not subserve his interest that can possibly be satisfactory to you; and before I proceed, I will here repeat my great {154} regret that I have been officially called upon to act in reference to Mr. Smith in any manner whatever.
I doubt not your candor when you say you do not desire me "to swerve from my duty as executive in the least," and all you ask is to be allowed the privileges and advantages guaranteed to you by the Constitution and laws. You then refer me to the 11th Section of the Charter of the city of Nauvoo, and claim for Mr. Smith the right to be heard by the Municipal Court of said city, under a writ of habeas corpus emanating from said court, when he was held in custody under an executive warrant.
The Charter of the city of Nauvoo is not before me at this time; but I have examined both the Charters and city ordinances upon the subject and must express my surprise at the extraordinary assumption of power by the board of aldermen as contained in said ordinance! From my recollection of the Charter it authorizes the Municipal Court to issue writs of habeas corpus in all cases of imprisonment or custody arising from the authority of the ordinances of said city, but that the power was granted, or intended to be granted, to release persons held in custody under the authority of writs issued by the courts or the executive of the state, is most absurd and ridiculous; and to attempt to exercise it is a gross usurpation of power that cannot be tolerated.
I have always expected and desired that Mr. Smith should avail himself of the benefits of the laws of this state, and, of course, that he would be entitled to a writ of habeas corpus issued by the Circuit Court, and entitled to a hearing before said court; but to claim the right of a hearing before the Municipal Court of the city of Nauvoo is a burlesque upon the city Charter itself.
As to Mr. Smith's guilt or innocence of the crime charged upon him, it is not my province to investigate or determine; nor has any court on earth jurisdiction of his case, but the courts of the state of Missouri; and as stated in my former letter, both the Constitution and laws presume that each and every state in this Union are competent to do justice to all who may be charged with crime committed in said state.
Your information that twelve men from Jackson county, Missouri, were lying in wait for Mr. Smith between Nauvoo and Warsaw, for the purpose of taking him out of the hands of the officers who might have him in custody, and murdering him, is like many other marvelous stories that you hear in reference to him--not one word of it true; but I doubt not that your mind has been continually harrowed up with fears produced by that and other equally groundless stories. That that statement is true is next to impossible; and your own judgment, if you will but give it scope, will soon set you right in reference to it. {155} If any of the citizens of Jackson county had designed to murder Mr. Smith, they would not have been so simple as to perpetrate the crime in Illinois, when he would necessarily be required to pass through to the interior of the state of Missouri, where the opportunity would have been so much better, and the prospect of escape much more certain. That is like the statement made by Mr. Smith's first messenger, after his arrest, to Messrs. Ralston and Warren, saying that I had stated that Mr. Smith should be surrendered to the authorities of Missouri, dead or alive; not one word of which was true. I have not the most distant thought that any person in Illinois or Missouri contemplated personal injury to Mr. Smith by violence in any manner whatever.
I regret that I did not see General Law when last at Quincy. A previous engagement upon business that could not be dispensed with prevented, and occupied my attention that evening until dark. At half-past one o'clock p. m., I came home, and learned that the General had called to see me; but the hurry of business only allowed me about ten minutes time to eat my dinner, and presuming, if he had business of any importance, that he would remain in the city until I returned.
It may be proper here, in order to afford you all the satisfaction in my power, to reply to a question propounded to my wife by General Law, in reference to Mr. Smith,--viz., whether any other or additional demand had been made upon me by the Governor of Missouri for the surrender of Mr. Smith. I answer, none. No change whatever has been made in the proceedings. Mr. Smith has been held accountable only for the charge as set forth in my warrant under which he was arrested.
In conclusion you presume upon my own knowledge of Mr. Smith's innocence; and ask why the prosecution is continued against him. Here I must again appeal to your own good judgment; and you will be compelled to answer that it is impossible I could know him to be innocent; and, as before stated, it is not my province to investigate as to his guilt or innocence. But could I know him innocent, and were he my own son, I would nevertheless, (and the more readily) surrender him to the legally constituted authority to pronounce him innocent.
With sentiments of high regard and esteem, your obedient servant,
THOMAS CARLIN.
To Mrs. Emma Smith.
Brothers Adams and Rogers called again this afternoon, and I related to them many interpositions of Divine Providence in my favor, &c.
{156} Thursday, 8.--I dictated the following:
_The Prophet's Letter to James Arlington Bennett--The Forthcoming Book of John C. Bennett_.
NAUVOO, September 8, 1842.
I have just received your very consoling letter, dated August 16, 1842, which is, I think, the first letter you ever addressed to me, in which you speak of the arrival of Dr. Willard Richards, and of his personality very respectfully. In this I rejoice, for I am as warm a friend to Dr. Richards as he possibly can be to me. And in relation to his almost making a "Mormon" of yourself, it puts me in mind of the saying of Paul in his reply to Agrippa, Acts xxvi: 29, "I would to God that not only thou, but also all that hear me this day, were both almost and altogether such as I am, except these bonds." And I will here remark, my dear sir, that "Mormonism" is the pure doctrine of Jesus Christ; of which I myself am not ashamed.
You speak also of Elder Foster, President of the Church in New York, in high terms; and of Dr. Bernhisel, in New York. These men I am acquainted with by information; and it warms my heart to know that you speak well of them, and, as you say, could be willing to associate with them for ever, if you never joined their Church or acknowledged their faith. This is a good principle; for when we see virtuous qualities in men, we should always acknowledge them, let their understanding be what it may in relation to creeds and doctrine; for all men are, or ought to be free, possessing unalienable rights, and the high and noble qualifications of the laws of nature and of self-preservation, to think, and act, and say as they please, while they maintain a due respect to the rights and privileges of all other creatures, infringing upon none.
This doctrine I do most heartily subscribe to and practice, the testimony of mean men to the contrary notwithstanding. But, sir, I will assure you that my soul soars far above all the mean and groveling dispositions of men that are disposed to abuse me and my character, I therefore shall not dwell upon that subject.
In relation to those men you speak of referred to above, I will only say that there are thousands of such men in this Church, who, if a man is found worthy to associate with, will call down the envy of a mean world, because of their high and noble demeanor; and it is with unspeakable delight that I contemplate them as my friends and brethren. I love them with a perfect love; and I hope they love me, and have no reason to doubt that they do.
The next in consideration is John C. Bennett. I was his friend; I am yet his friend, as I feel myself bound to be a friend to all the sons {157} of Adam. Whether they are just or unjust, they have a degree of my compassion and sympathy. If he is my enemy, it is his own fault; and the responsibility rests upon his own head; and instead of arraigning his character before you, suffice it to say that his own conduct, wherever he goes, will be sufficient to recommend him to an enlightened public, whether for a bad man or a good one.
Therefore whosoever will associate themselves with him, may be assured that I will not persecute them; but I do not wish their association, and what I have said may suffice on that subject, so far as his character is concerned. Now, in relation to his book that he may write. I will venture to prophesy that whoever has any hand in the matter, will find themselves in a poor fix in relation to the money matters; and as to my having any fears of the influence that he or any other man or set of men may have against me--I will say this is most foreign from my heart; for I never knew what it was, as yet, to fear the face of clay, or the influence of man. My fear, sir, is before God. I fear to offend Him, and strive to keep His commandments. I am really glad that you did not join John C. Bennett in relation to his book, from the assurances which I have that it will prove a curse to all those who touch it.
In relation to the honor that you speak of, both for yourself and James Gordon Bennett, of the Herald, you are both strangers to me; and as John C. Bennett kept all his letters which he received from you entirely to himself, and there was no correspondence between you and me, that I know of, I had no opportunity to share very largely in the getting up of any of those matters. I could not, as I had not sufficient knowledge to enable me to do so. The whole, therefore, was at the instigation of John C. Bennett, and a quiet submission on the part of the rest, out of the best of feelings; but as for myself, it was all done at a time when I was overwhelmed with a great many business cares, as well as the care of all the churches. I must be excused, therefore, for any wrongs that may have taken place in relation to this matter; and so far as I obtain a knowledge of that which is right, it shall meet with my hearty approval.
I feel to tender you my most hearty and sincere thanks for every expression of kindness you have tendered towards me or my brethren, and would beg the privilege of intruding myself a little while upon your patience, in offering a short relation of my circumstances. I am at this time persecuted the worst of any man on the earth, as well as this people, here in this place, and all our sacred rights are trampled under the feet of the mob. I am now hunted as a hart by the mob, under the pretense or shadow of law, to cover their abominable deeds. * * * * * * * *
{158} I now appeal to you, sir, inasmuch as you have subscribed yourself our friend. Will you lift your voice and your arm with indignation against such unhallowed oppression? I must say, sir, that my bosom swells with unutterable anguish when I contemplate the scenes of horror that we have passed through in the state of Missouri, and then look, and behold, and see the storm and cloud gathering ten times blacker, ready to burst upon the heads of this innocent people. Would to God that I were able to throw off the yoke. Shall we bow down and be slaves? Are there no friends of humanity in a nation that boasts itself so much? Will not the nation rise up and defend us? If they will not defend us, will they not grant to lend a voice of indignation against such unhallowed oppression? Must the tens of thousands bow down to slavery and degradation? Let the pride of the nation arise and wrench those shackles from the feet of their fellow citizens, and their quiet, and peaceable, and innocent and loyal subjects. But I must forbear, for I cannot express my feelings.
The legion would all willingly die in the defense of their rights; but what would this accomplish? I have kept down their indignation, and kept a quiet submission on all hands, and am determined to do so at all hazards. Our enemies shall not have it to say that we rebel against government or commit treason. However much they may lift their hands in oppression and tyranny, when it comes in the form of government we tamely submit, although it lead us to the slaughter and to beggary; but our blood be upon their garments: and those who look tamely on and boast of patriotism shall not be without their condemnation.
And if men are such fools as to let once the precedent be established, and through their prejudices give assent to such abominations, then let the oppressor's hand lay heavily throughout the world, until all flesh shall feel it together, and until they may know that the Almighty takes cognizance of such things. And then shall church rise up against church, and party against party, mob against mob, oppressor against oppressor, army against army, kingdom against kingdom, and people against people, and kindred against kindred.
And where, sir, will be your safety or the safety of your children, if my children can be led to the slaughter with impunity by the hand of murderous rebels? Will they not lead yours to the slaughter with the same impunity? Ought not, then, this oppression, sir, to be checked in the bud, and to be looked down [upon] with just indignation by an enlightened world, before the flame become unextinguishable, and the fire devours the stubble?
But again I say I must forbear, and leave this painful subject. I wish you would write to me in answer to this, and let me know your views. {159} On my part, I am ready to be offered up a sacrifice in that way that can bring to pass the greatest benefit and good to those who must necessarily be interested in this important matter. I would to God that you could know all my feelings on this subject, and the real facts in relation to this people, and their unrelenting persecution. And if any man feels an interest in the welfare of their fellow-beings, and would think of saying or doing anything in this matter, I would suggest the propriety of a committee of wise men being sent to ascertain the justice or injustice of our cause, to get in possession of all the facts, and then make report to an enlightened world whether we, individually or collectively, are deserving such high-handed treatment.
In relation to the books that you sent here, John C. Bennett put them into my store, to be sold on commission, saying that, when I was able, the money must be remitted to yourself. Nothing was said about any consecration to the Temple.
Another calamity has befallen us. Our post office in this place is exceedingly corrupt. It is with great difficulty that we can get our letters to or from our friends. Our papers that we send to our subscribers are embezzled and burned, or wasted. We get no money from our subscribers, and very little information from abroad; and what little we do get, we get by private means, in consequence of these things: and I am sorry to say, that this robbing of the post office of money was carried on by John C. Bennett; and since he left here, it is carried on by the means of his confederates.
I now subscribe myself your friend, and a patriot and lover of my country, pleading at their feet for protection and deliverance, by the justice of their Constitution.
I add no more. Your most obedient servant,
JOSEPH SMITH.
{160}
Chapter IX
LETTER OF JAMES ARLINGTON BENNETT TO THE PROPHET AND THE N. Y. "HERALD"--EMMA'S ILLNESS--PLOTS TO ENTRAP THE PROPHET--LEGAL OPINION OF JUSTIN BUTTERFIELD ON THE MISSOURI PROCEDURE.
Friday, September 9, 1842.--At 10 p. m. I received a very interesting visit from Emma, Amasa Lyman, George A. Smith and Wilson Law.
[Sidenote: Movements of the Prophet in Nauvoo.]
I counseled George A. Smith and Amasa Lyman to stay in Illinois and preach in the principal cities against mobocracy, and to notify the Twelve that it was my wish that they should also labor in Illinois. After a conversation of two hours, I accompanied the brethren and Emma to my house, remaining there a few minutes to offer a blessing upon the heads of my sleeping children; then called a few minutes at the house of my cousin George A. Smith, on my way to my retreat at Edward Hunter's. John D. Parker accompanied me as guard.
Brigham Young, Heber C. Kimball, Amasa Lyman, George A. Smith, and Charles C. Rich declared to the city council their intention of absence for three months or more, and others were appointed to fill their places during their absence. John P. Greene, Lyman Wight, and William Law were absent, and their places were filled. The object of the absence of these brethren was to preach the gospel in different states, and show up the wickedness and falsehood of the apostate John C. Bennett.
An ordinance relative to the returns of writs of habeas corpus was passed by the city council as follows:
{161} An ordinance relative to the return of wits of Habeas Corpus.
Sec. 1. Be it, and it is hereby ordained by the city council of the city of Nauvoo, that the Municipal Court, in issuing writs of Habeas Corpus, may make the same returnable forthwith.
Sec. 2. This ordinance to take effect, and be in force from, and after its passage, passed September 9th, 1842.
GEO. W. HARRIS,
President pro tem.
JAMES SLOAN, Recorder.
President Young started on his mission.
Saturday, 10.--Heber C. Kimball, George A. Smith, and Amasa Lyman started on their mission, and proceeded as far as Lima, where they met Brigham Young, who was preaching to a congregation. This was the day for the training of the companies of the Nauvoo Legion; and, lest I should be observed by the multitude passing and repassing, I kept very still. After dark, my wife sent a messenger and requested me to return home, as she thought I would be as safe there as anywhere; and I went safely home undiscovered.
Sunday, 11.--I was at home all day. My letter of the 6th of September was read to the Saints, at the grove near the temple. The High Priests' quorum met. Several had gone on missions; others were preparing to go, but few were present, and the meeting adjourned sine die.
Elders Brigham Young, Heber C. Kimball, George A. Smith and Amasa Lyman addressed a large assembly in the grove in Lima, in relation to the slanderous reports of John C. Bennett.
Monday, 12.--
Letter from Brigham Young and Heber C. Kimball--Reporting their Movements.
To the Editor of the Times and Seasons:
DEAR BROTHER:--Having commenced our mission yesterday, we held our first conference at Brother Isaac Morley's. We had a good time. The brethren here are in good spirits. We ordained nineteen elders, and baptized twelve. We expect next Saturday and Sunday to hold a {162} two days' meeting in Quincy, being the 17th and 18th instant; on the 24th and 25th, at Payson; the 1st and 2nd of October, at Pleasant Vale; the 8th and 11th October, at Pittsfield; the 15th and 16th October, at Apple Creek in Green county. From thence we shall proceed to Jacksonville and Springfield.
If you please, notice the above in your paper for the benefit of those friends scattered abroad. Yours in the everlasting covenant,
BRIGHAM YOUNG,
HEBER C. KIMBALL.
Morley Settlement, September 12, 1842.
I was at home all day in company with Brothers Adams and Rogers, and counseled Brother Adams to write a letter to the governor. In the evening, Emma received governor Carlin's letter of the 7th instant.
Tuesday, 13.--At home all day. Settled with Edward Hunter.
Wednesday, 14.--At home. Mr. Remmick gave me a deed of one half his landed property in Keokuk, though it will be a long time, if ever, before it will be of any benefit to me. Had a consultation with Calvin A. Warren, Esq. In the evening I received the following letter from General James Arlington Bennett:
_Letter of James Arlington Bennett--Treating Chiefly of John C. Bennett and his Book_.
ARLINGTON HOUSE, September 1, 1842.
Lieutenant General Smith:
DEAR SIR:--Mrs. Smith's letter to Mrs. Bennett, containing a very lucid account of Dr. John C. Bennett, has been received; and the only thing concerning him that I regard of importance is that you found it necessary to expose him. I wish most ardently that you had let him depart in peace, because the public generally think no better of either the one party or the other, in consequence of the pretended exposures with which the newspapers have teemed. But then, in the long run, you will have the advantage, inasmuch as the universal notoriety which you are now acquiring will be the means of adding to Nauvoo three hundred fold.
That you ought to be given up to the tender mercies of Missouri no {163} man in his senses will allow, as you would be convicted on the shadow of evidence when the people's passions and prejudices are so strongly enlisted against you; and, under such a state of things, how easily it would be to suborn witnesses against you, who would seal your fate! Add to this, too, the great difficulty under which an impartial jury, if such could be found, would labor in their attempt to render an honest verdict, being coerced by surrounding public prejudice and malice. And yet, as you are now circumstanced, it will not do to oppose force to force for your protection, as this in the present case would be treason against the state, and would ultimately bring to ruin all those concerned.
Your only plan, I think, will be to keep out of the way until this excitement shall have subsided, as, from all I can understand, even from the Dr. himself, there is no evidence on which an honest jury could find a verdict against you; and this opinion I have expressed to him.
I most ardently wish that you had one hundred thousand true men at Nauvoo, and that I had the command of them, times and things would soon alter. I hope to see the day, before I die, that such an army will dictate terms from Nauvoo to the enemies of the Mormon people. I say this in the most perfect candor, as I have nothing to gain by the Mormons, nor am I a Mormon in creed; yet I regard them in as favorable a light (and a little more so,) as I do any other sect. In fact, I am a philosophical Christian, and wish to see an entire change in the religious world.
I have been long a Mormon in sympathy alone, and probably can never be one in any other way; yet I feel that I am a friend of the people, as I think them honest and sincere in their faith; and those I know [are] as good and honorable men as any other professing Christians.
Dr. Bennett has been the means of bringing me before your people, you will therefore see, for this act, I am in honor bound to say, "Peace to his manes." To act otherwise would be ungrateful and dishonorable, both of which qualities are strangers to my nature: nevertheless, by leaving him as he is, I can still be your friend; for be assured that nothing I have seen yet from his pen has in the least altered my opinion of you. I well know what allowances to make in such cases.
Dr. Bennett and Bachelor are now delivering lectures in New York against you and your doctrines and asserted practices at Nauvoo.
Elder Foster told me, this forenoon, that the seats have been torn to pieces out of his church in Canal-street, and that the congregation had to move to another place.
I intimated to you, in my last, that Bennett of the Herald was about to publish, conjointly with the Doctor, his Book of Exposures; but since, have learned that it is about to come out in Boston. He expects to {164} make a fortune out of it, and I presume he needs it; but I feel sure that it will make converts to the Mormon faith. He has borrowed largely from Com. Morris' lascivious poems.
A general order, signed by Hugh McFall, Adjutant-General, and authorized by you, has appeared in the Herald, ordering me to repair to Nauvoo, to take command of the Legion, and to bring with me Brig.-Gen. J. G. Bennett, which states that, if the requisition be persisted in, blood must be shed. I have assured Bennett of the Herald that I deem it a hoax, but he insists upon it that it is genuine. My reply to it has appeared to day in that paper. I have there stated that I have written to Gov. Carlin for instructions. This is not so: it is only a rub.
On the whole, you will only be made a greater prophet and a greater man--a great Emperor, by the affliction and consideration of your good friends.
My respects, with those of Mrs. B., to your lady.
I am, dear sir, your sincere friend,
JAMES ARLINGTON BENNETT.
This letter was placed in the hands of General Hugh McFall, who immediately wrote a refutation of the clause concerning himself to Governor Carlin, and also one for the Wasp. The general order was not written by McFall, neither had he a knowledge of its existence until shown to him in the letter. It was evidently got up by our enemies to increase excitement and anger, and is barely another addition to the many slanderous reports put in circulation by evil and designing men.
Thursday, 15.--In council with C. A. Warren, Esq. Also counseled Uncle John Smith and Brother Daniel C. Davis to move immediately to Keokuk, and help to build up a city.
Friday, 16.--At home with Brother Rogers, who was painting my likeness.
Saturday, 17.--I was at home with Brother Rogers, who continued painting my portrait. Elder William Clayton wrote Governor Carlin a long letter, showing up the Missouri persecution and my sufferings in their true colors.
Ship Sidney sailed from Liverpool for New Orleans with 180 Saints.
{165} Sunday, 18.--At home. In the evening, received a visit from my mother.
Monday, 19, and Tuesday, 20.--With Brother Rogers, painting at my house.
Wednesday, 21.--In the large room over the store. In the evening had a visit from Elder John Taylor, who is just recovering from a long and very severe attack of sickness. I counseled Elder Taylor concerning the printing office, removing one press to Keokuk, &c.
Thursday, 22.--At home, arranging with Remmick concerning moving printing press to Keokuk, buying paper, &c.
Friday, 23.--At home. Visited by Elder Taylor.
Colonel George Miller was elected Brigadier-General of the 1st Cohort, Nauvoo Legion, to fill the vacancy of General Wilson Law, promoted.
Saturday, 24.--The legion was called out for general parade, and reviewed by General Law. In the evening, Lieutenant-Colonel Stephen Markham was elected Colonel of the 1st Regiment, 1st Cohort, to fill the place of Colonel George Miller, promoted; and Captain John D. Parker elected to fill his place; and Captain Thomas Rich to fill the place of Major Wightman, deceased.
At home. Had a visit from Mr. Joseph Murdock, Sen., and lady concerning some land, &c., at St. Joseph.
Sunday, 25.--At the Grove. Spoke more than two hours, chiefly on the subject of persecution.
Ship Medford sailed from Liverpool for New Orleans with 214 Saints.
Monday, 26.--The office of Notary Public for the city of Nauvoo was created by the city council, and James Sloan was elected. A seal for the Municipal Court was ordered by the council.
Tuesday, 27, and Wednesday, 28.--At home. Nothing of importance transpired. 28.--Ship Henry sailed from Liverpool for New Orleans with 157 Saints.
September 28, 1841:
{166} A Baptist Excommunication.
Resolved, that William Seichrist be excluded from the fellowship of this [the first regular Baptist] church [of the city of Alleghany, Alleghany county, Pennsylvania,] for embracing and maintaining a heresy,--to wit, doctrines peculiar to a late sect called Mormons or Latter-day Saints, that miracles can be wrought through the instrumentality of faith; that special revelations from God are now given to men; and that godly men are now endowed with the gift of prophecy, such as to foretell future events. William Benson, Church Clerk. Deacon John Beck was moderator of the meeting.
Thursday, 29.--This day, Emma began to be sick with fever; consequently I kept in the house with her all day.
Friday, 30.--Emma is no better. I was with her all day.
[Sidenote: Temple Committee Affairs.]
Saturday, October 1.--This morning I had a very severe pain in my left side, and was not able to be about. Emma sick as usual. I had previously sent for the Temple committee to balance their accounts and ascertain how the Temple business was going on. Some reports had been circulated that the committee was not making a righteous disposition of property consecrated for the building of the Temple, and there appeared to be some dissatisfaction amongst the laborers. After carefully examining the accounts and enquiring into the manner of the proceedings of the committee, I expressed myself perfectly satisfied with them and their works. The books were balanced between the trustee and committee, and the wages of all agreed upon.
I said to the brethren that I was amenable to the state for the faithful discharge of my duties as trustee-in-trust, and that the Temple committee were accountable to me, and to no other authority; and they must not take notice of any complaints from any source, but let the complaints be made to me, if any were needed, and I would make things right. The parties separated perfectly satisfied, and I remarked that I would have a notice published, stating that I had examined their accounts and was satisfied, {167} &c. It was also agreed that the recorder's office should be moved to the Temple, for the convenience of all. In this day's Wasp I noticed the following letter from Elder Pratt:
Letter of Elder Orson Pratt--Denying any Relations with John C. Bennett.
CITY OF NAUVOO, ILLINOIS, September 26, 1842.
Mr. Editor:
DEAR SIR:--I noticed in the last week's Wasp a letter from Dr. R. D. Foster, written from New York city, which states that Dr. John C. Bennett had declared in said city that he had received a letter from me and from my wife, and that we were preparing to leave and expose Mormonism.
I wish through the medium of your paper to say to the public that said statements are entirely false. We have never at any time written any letter or letters to Dr. J. C. Bennett, on any subject whatever. Neither are we "preparing to leave and expose Mormonism," but intend to make Nauvoo our residence, and Mormonism our motto.
Respectfully,
ORSON PRATT.
[Sidenote: Reward offered for the Arrest of the Prophet.]
Sunday, 2.--About ten o'clock in the forenoon, a messenger arrived from Quincy, stating that the governor had offered a reward of $200 for Joseph Smith, Jun., and also $200 for Orrin P. Rockwell. This report was fully established on receipt of the mail papers. The Quincy Whig also stated that Governor Reynolds has offered a reward, and published the governor's proclamation offering a reward of $300 for Joseph Smith, Jun., and $300 for Orrin P. Rockwell. It is not expected that much will be effected by the rewards.
Emma continued very sick. I was with her all day.
Monday, 3.--Emma was a little better. I was with her all day.
Tuesday, 4.--Emma is very sick again. I attended with her all the day, being somewhat poorly myself.
[Sidenote: The illness of Emma Smith.]
Wednesday, 5.--My dear Emma was worse. Many fears were entertained that she would not recover. She was {168} baptized twice in the river, which evidently did her much good. She grew worse again at night, and continued very sick indeed. I was unwell, and much troubled on account of Emma's sickness.
[Sidenote: Rigdon's Reports of Plots.]
Elder Rigdon called Elder William Clayton into his office, and said he had some matters to make known. He had been at Carthage and had conversation with Judge Douglas concerning Governor Carlin's proceedings, &c., and had ascertained that Carlin had intentionally issued an illegal writ, expecting thereby to draw President Joseph to Carthage to get acquitted by habeas corpus before Douglas, and having men there waiting with a legal writ to serve on Joseph as soon as he was released under the other one, and bear him away to Missouri, without further ceremony. Elder Rigdon asked what power the governor's proclamation gave to any man or set of men who might be disposed to take President Joseph. He was answered, "Just the same power and authority which a legal warrant gave to an officer."
It is more and more evident that Carlin is determined to have me taken to Missouri, if he can. But may the Almighty Jehovah shield and defend me from all their power, and prolong my days in peace, that I may guide His people in righteousness, until my head is white with old age. Amen.
Thursday, 6.--Emma is better; and although it is the day on which she generally grows worse, yet she appears considerably easier. May the Lord speedily raise her to the bosom of her family, that the heart of His servant may be comforted again. Amen. My health is comfortable.
[Sidenote: More Missouri Plots.]
Friday, 7.--This morning Elder Elias Higbee states about the same things as were stated by Elder Rigdon two days ago, and also that he had been informed that many of the Missourians are coming to unite with the militia of this state voluntarily, and at their own expense; so that after the court rises at Carthage, if {169} they don't take me there, they will come and search the city, &c. It is likely that this is only report.
Emma is somewhat better. I am cheerful and well.
[Sidenote: The Prophet's Removal to Father Taylor's.]
From the situation and appearance of things abroad, I concluded to leave home for a short season, until there should be some change in the proceedings of my enemies. Accordingly, at twenty minutes after eight o'clock in the evening, I started away in company with Brothers John Taylor, Wilson Law, and John D. Parker, and traveled through the night and part of next day; and, after a tedious journey, arrived at Father James Taylor's well and in good spirits.
This day the teachers met in Nauvoo, and organized into a quorum, by appointing Elisha Averett, president; James Huntsman and Elijah Averett, counselors; Samuel Eggleston, scribe; and eleven members.
Monday, 10.--Elder Taylor returned to Nauvoo and found Emma gaining slowly. My health and spirits are good.
Tuesday, 11.--From the Times and Seasons:--
Announcement Concerning Temple Committee Affairs.
To the Saints at Nauvoo and Scattered Abroad:
This may certify that President Joseph Smith, the trustee-in-trust for the Temple, called upon the Temple committee on the 1st instant to present their books and accounts for examination, and to give account of their work at the temple. After carefully and attentively examining and comparing their books and accounts, the trustee expressed himself well satisfied with the proceedings and labors of the committee, and ordered that this be published in the Times and Seasons, that the Saints may know the facts, and be thereby encouraged to double their exertions and forward means to roll on the building of the Temple in Nauvoo. It was also ordered that the recorder's office be henceforth removed to the committee house near the Temple. All property and means must therefore be brought to that place, where it will be recorded in due form.
WILLIAM CLAYTON.
Clerk and Recorder of the Temple.
NAUVOO, October 11, 1842.
Thursday, 13.--The brethren arrived from Wisconsin {170} with a raft of about 90,000 feet of boards and 24,000 cubic feet of timber for the Temple and Nauvoo House.
Saturday 15.--Brother John D. Parker returned to Nauvoo and informed my friends that I was well.
Sunday, 16.--I copy the following from the New York Herald:
THE MORMONS.
ARLINGTON HOUSE, October 16, 1841.
General J. G. Bennett:
SIR:--Some time since I addressed a letter to Joseph Smith, the Mormon Prophet, in answer to a letter of his introducing to "my kind attention," a friend of his from the holy city of Nauvoo.
In this letter I expressed my regret that the quarrel between him and John C. Bennett should have at all found its way to the public eye, this being the sole cause of placing him in his present awkward situation. I likewise commiserated with him in his affliction, and signed myself at the conclusion of my letter, as his friend, which I really am, and the friend of all good Mormons, as well as other good men.
Why should I not be Joseph Smith's friend? He has done nothing to injure me, nor do I believe he has done anything to injure ex-Governor Boggs, of Missouri. The governor, no doubt, under strong feelings, may have thought and believed that Smith had preconcerted the plan for his assassination; but there is no legal evidence whatever of that fact--none by which an unprejudiced jury would convict any man; yet to send this man into Missouri, under the present requisition, would be an act of great injustice, as his ruin would be certain.
How could any man, against whom there is a bitter religious prejudice escape ruin, being in the circumstances of Smith? Look at the history of past ages--see the force of fanaticism and bigotry in bringing to the stake some of the best of men; and in all these cases the persecutors had their pretexts, as well as in the case of the Mormon chief. Nothing follows its victim with such deadly aim as religious zeal, and therefore nothing should be so much guarded against by the civil power.
Smith, I conceive, has just as good a right to establish a church, if he can do it, as Luther, Calvin, Wesley, Fox, or even King Henry the Eighth. All these chiefs in religion had their opponents, and their people their persecutors. Henry the Eighth was excommunicated, body and bones, soul and all, by his holiness, the Pope; still the church of England has lived as well as all the other sects.
Just so it will be with the Mormons. They may kill one prophet and {171} confine in chains half his followers, but another will take his place, and the Mormons will still go ahead. One of their Elders said to me, when conversing on this subject, that they were like a mustard plant,--"If you don't disturb it, the seed will fall and multiply; and if you kick it about, you only give the seed more soil, and it will multiply the more."
Undertake to convince them that they are wrong, and that Smith is an impostor, and the answer is, laying the hand on the heart, "I know in my own soul that it is true, and want no better evidence: I feel happy in my faith; and why should I be disturbed?"
Now, I cannot see but what this is the sentiment that governs all religiously disposed persons, their object being heaven and happiness, no matter what their church and creed. They, therefore, cannot be put down while the Constitution of the United States offers them protection in common with all other sects, and while they believe that their eternal salvation is at stake. From what I know of the people, I fully believe that all the real, sincere Mormons would die sooner than abandon their faith and their religion.
General John C. Bennett has stated that to conquer the Mormon Legion it would require five to one against them, all things taken into consideration, and that they will die to a man sooner than give up their Prophet.
Now, is the arrest of this man worth such a sacrifice of life as must necessarily follow an open war with his people? The loss of from one to three thousand lives will, no doubt, follow in an attempt to accomplish an object not in the end worth a button. Persecute them, and you are sure to multiply them. This is fully proved since the Missouri persecution, as since that affair they have increased one hundred fold.
It is the best policy, both of Missouri and Illinois, to let them alone; for if they are drove farther west, they may set up an independent government, under which they can worship the Almighty as may suit their taste. Indeed, I would recommend to the Prophet to pull up stakes and take possession of the Oregon territory in his own right, and establish an independent empire. In one hundred years from this time, no nation on earth could conquer such a people. Let not the history of David be forgotten. If the Prophet Joseph would do this, millions would flock to his standard and join his cause. He could then make his own laws by the voice of revelation, and have them executed like the act of one man.
With respect to myself, I would just repeat that I am the Prophet's friend, and the friend of his people, merely from sympathy, as my arm has ever been lifted on the side of the persecuted and oppressed. I have never in my life followed the fat ox, nor bowed for a favor on my {172} own account to mortal man. While I despise the purse-proud man, I am proud to the proud man, and humble to the humble; and where men were contending, have ever thrown myself on the weakest side.
By inserting this communication, it is presumed that no one will hold the Herald responsible for the sentiments it contains; yet I have no doubt that there are thousands of independent, liberal-minded men in this country who think as I do. Neither the Mormon Prophet nor his people can add anything to my fortune or reputation. I expect nothing from them; they are a poor and industrious people, and have nothing to give. I am influenced in my conduct towards them by a spirit of benevolence and mercy, and hope the governor and state of Illinois will act in the like manner. It is true I was commissioned in their Legion, through the instrumentality of their enemy, General John C. Bennett, an act entirely of their own, without my agency; but I was as much their friend before as since.
The Missouri persecution fixed my attention and commiseration on the people. It must be recollected, too, that the Mormon Prophet and his people are the most ardent friends and promoters of literature and science. These are elementary principles in their social system, and this certainly is contrary to everything like despotism.
I hope, therefore, and with great deference express that hope, that ex-Governor Boggs will withdraw his demand for the Prophet, and let those poor people rest in peace. Both he and Governor Carlin will feel much more at peace with themselves by quashing the whole proceedings.
Most respectfully,
Your humble servant,
JAMES ARLINGTON BENNETT.
Counselor at Law, &c.
By this I discover a spark of liberty burning in the bosom of the writer. May it continue to burn and burn, till it once more fires the whole land with its heavenly influence.
Thursday, 20.--Early this morning I arrived at home on a visit to my family. During the day I was visited by several of the brethren, who rejoiced to see me once more. Emma is still getting better, and is able to attend to a little business, having this day closed contract and received pay for a quarter section of land of Brother Job V. Barnum.
{173} _Justin Butterfield's Legal Opinion on the Efforts to Drag Joseph Smith into Missouri_.
CHICAGO, October 20, 1842.
Sidney Rigdon, Esq.
DEAR SIR:--In answer to your favors of the 17th instant, Mr. Warren was correct in the information he gave you of my opinion of the illegality of the requisition made by the governor of Missouri upon the governor of this state for the surrender of Joseph Smith, and that the governor of this state should cause him to be arrested for the purpose of being surrendered. I had no doubt but the supreme court of this state would discharge him upon habeas corpus. Subsequent examination has confirmed me in that opinion.
I understand from your letter, and from the statement of facts made to me by Mr. Warren, that the requisition of the governor of Missouri is accompanied by an affidavit of ex-Governor Boggs, stating in substance that on the 6th day of May last he was shot while sitting in his house, with intent to kill; and, as he verily believes, the act was committed by O. P. Rockwell; and that Joseph Smith was accessory to the crime before its commission; and that he has fled from justice. That it can be proved that Joseph Smith was not in the state of Missouri at the time the crime was committed, but was in this state; that it is untrue that he was in the state of Missouri at the time of the commission of the said crime, or has been there at any time since. He could not, therefore, have fled from that state since the commission of said crime.
The right on the part of the governor of Missouri to demand Smith, and the duty on the part of the governor of this state to deliver him up, if they exist, are given and imposed by that clause of the Constitution of the United States which declares "that a person charged in any state with treason, felony, or other crime, who shall flee from justice and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crimes."
It is unnecessary to refer to the act of Congress in relation to the delivery up of fugitives from justice, as Congress has just so much power, and no more, than is expressly given by the said clause in the Constitution. The Constitution is the best exponent of itself. What persons, then, can be surrendered up by the governor of one state to the governor of another?
First. He must be a person charged with treason, felony, or other crime. "It is sufficient if he be charged with the commission of crime, either by indictment found or by affidavit. Second. He must be a person who shall flee from justice and be found in another state."
{174} It is not sufficient to satisfy this branch of the Constitution, that he should be "charged" with having fled from justice. Unless he has actually fled from the state where the offense was committed, to another state, the governor of this state has no jurisdiction over his person, and cannot deliver him up.
When Mr. Smith is brought up on a habeas corpus, he will have a right, under the 3rd section of our habeas corpus act, to introduce testimony, and show that the process upon which he is arrested was obtained by false pretense; that it is untrue that he fled from the state of Missouri, to evade being brought to justice there, for the crime of which he is charged. He will have the right to place himself upon the platform of the Constitution of the United States, and say, I am a citizen of the state of Illinois; I have not fled from the state of Missouri, or from the "justice" of that state, on account of the commission of the crime with which I am charged. I am ready to prove that the charge of having fled from that state is false, and I am not, therefore, subject under the Constitution of the United States, to be delivered up to that state for trial.
You say, in your letter to me, that you doubt whether on a habeas corpus the court would have a right to try the question, whether Smith was in Missouri at the time of the commission of the crime of which he is charged. To this I answer, that upon a habeas corpus, the court would be bound to try the question, whether Smith fled from justice from Missouri to this state. The affidavit of Mr. Boggs is not conclusive on this point. It may be rebutted. Unless Smith is a person who has fled from justice, he is not subject to be delivered up, under the express provisions of our own habeas corpus act. He has a right to show that the affidavit is false, and that the order for his arrest was obtained by false pretenses. Again, the affidavit on its face was not sufficient to authorize the arrest of Smith. It is evasive and deceptive. It does not show that he fled from the state of Missouri to evade justice for the commission of the crime of which he is charged by Governor Boggs.
Robert G. Williams, in the year 1835, was indicted in the state of Alabama for attempting to incite rebellion and insurrection in that state. He was demanded by the governor of that state of the governor of New York, and the requisition stated that he had fled from justice. The governor of the state of New York (Marcy) took notice that the said Williams was a citizen of the state of New York, and had not fled from justice from Alabama, and on that ground alone refused to surrender him up. This was a stronger case than that of Smith, as an indictment had been found. Governor Marcy puts his refusal upon the express ground that, by the Constitution of the United States, the governor {175} of one state had no right to demand, nor the governor of another state a right to surrender up, one of his citizens, unless he had fled from justice; and it was the right and duty of the governor upon whom the demand was made to inquire into the fact whether he had fled from justice before he made the surrender.
I have the book containing all the proceedings in this case of Williams. There are several other cases equal in point, and they proceed upon the ground that a governor of a state has no jurisdiction over the body of a citizen to arrest and surrender him up to a foreign state, unless he is a fugitive from that state, unless he has fled from the state to evade "justice," or, in other words, to evade being tried for the offense with which he is charged.
In a despotic form of government, the sovereign power is the will of the monarch, who can act in every instance as may suit his pleasure. But can the governor of one of our states, of his own mere will, without any authority from the Constitution, or the legislative power of the state, arrest and deliver up to a foreign government any person whatever? If he can do this, then is the liberty of the citizen wholly at his disposal.
The writ of habeas corpus is a suit which every person imprisoned or unlawfully detained has a right to prosecute for the recovery of his liberty; and, if he is in custody by process from a competent power, he is entitled to his discharge when the jurisdiction has been executed.
The government of this state has no power or jurisdiction over the person of a citizen of this state to arrest and cause him to be delivered up and transported to another state, except the power is expressly given to him by the Constitution of the United States. And what is that power? It only authorizes the governor of one state to surrender up a fugitive from justice, to return him back to the state from whence he has fled.
First. The person to be surrendered up must be a fugitive from the state to which it is attempted to surrender him.
Second. He must be a fugitive from justice; in other words, he must have been in the state when and where the crime was committed, and have fled from the state to evade being apprehended and tried for that crime.
Third. Unless he is, in fact, such a fugitive from justice, the governor has no power, by the laws and Constitution, to deliver him up.
Fourth. If he is charged with being a fugitive from justice, and the governor cause him to be apprehended on that charge, he has a right to sue out a habeas corpus; and when brought up on that writ, he has the undoubted right of showing that the governor has no constitutional power to deliver him up to another state; that he has not "fled from {176} justice into this state," and is not such a person as the Constitution authorizes the governor to deliver up; and that it would be an excess of jurisdiction on the part of the governor to deliver him up.
The question to be examined into, upon the return of the habeas corpus, would be a mere question of locality. The question would be was Smith in this state, or not, at the time the crime was committed in Missouri? If he was in this state at that time, then he could not be a fugitive from justice from Missouri, in the sense of the Constitution; and the governor would have no power to deliver him up.
The argument that because Governor Boggs has made affidavit that Smith has fled from justice, his affidavit is to be taken as conclusive on that point, and that upon the return of a habeas corpus, Smith would be precluded from controverting or showing the falsity of that affidavit, is too absurd to require a serious answer.
The liberties of the citizens of this state are not held on quite so feeble a tenure, nor does the Constitution authorize the governor to transport the citizens of this state upon a mere "charge" made by a citizen of another state. Such is not the reading of the Constitution. That instrument only authorizes the delivery up of such persons, "who shall flee," upon the demand of the executive authority of the state from which they "fled." There must have been a "flight" in fact and in deed from the state where the offense was committed, or the governor has no jurisdiction to "deliver up."
If the charge of having "fled" is made and the governor acting in pais [A] is attempting to deliver up upon that charge, the person attempted to be made the victim has a clear, undoubted, constitutional right by means of a writ of habeas corpus, to test its truth before a judicial tribunal of the country; and, if the charge is proven to be false, the governor is ousted of his jurisdiction over the person of the prisoner and he is restored to his liberty before he has undergone the penalty of the transportation to a foreign country upon the mere charge of an interested or partial witness.
[Footnote A: A judicial act outside of court and not recorded.--Century Dictionary.]
The power of the executive of a state to surrender up a citizen to be transported to a foreign state for trial, is a most tremendous power, which might be greatly abused, were it not limited by constitutional checks, and the citizens secured against its despotic exercise by the writ of habeas corpus.
In the case of Williams, the governor of New York, in his reply to the governor of Alabama, says, "What occurs daily in the ordinary course of criminal proceedings, may take place in regard to persons transported to a distant jurisdiction for trial. It may happen that an innocent man will be accused; and, if demanded, he must be delivered {177} up, should your exposition of the Constitution be sanctioned. Under these circumstances, his condition would be perilous indeed,--dragged from his home, far removed from friends, borne down by the weight of imputed guilt, and unable, probably, to obtain the evidence by which he might vindicate his innocence. If appearances were against him, he could scarcely hope to escape unmerited condemnation."
The American colonists regard the exercise of this power as an act of revolting tyranny, and assigned it in the Declaration of Independence as one of the prominent causes that impelled them to a separation from the British Empire. A power which may be thus oppressively used should be resorted to with the greatest caution. When its exercise is invoked, it is not sufficient that the case may apparently come within the letter of the Constitution. It is the duty of the Executive before yielding a blind obedience to the letter of the law, to see that the case comes within the spirit and meaning of the Constitution.
It may be pleasing as well as instructive to look into the proceedings of the executive of our sister state, and witness that, by faithfully administering the law in relation to the delivering up of fugitives from justice, according to its spirit and meaning, they have saved at least two of the citizens of Illinois from becoming victims to its abuse. In the year 1839, the governor of the state of New York was presented with the copy of an indictment by a grand jury in the city of New York against John and Nathan Aldrich, for fraud in obtaining goods by false pretenses, and was requested to make a requisition upon the governor of Illinois to surrender them up as fugitives from justice.
Now, here was a case which came exactly within the letter of the law of Congress in relation to fugitives from justice. An indictment had been found charging them with having committed a crime. But did the governor of New York make the "requisition?" No; he referred the application to the Hon. John C. Spencer, now Secretary of War, and one of the most enlightened lawyers of the age.
Extract of Mr. Spencer's Opinion upon the Case.
The constitutional provision under which requisitions may be made by the governor of one state upon the governor of another was a substitute for the principle recognized by the law of nations, by which one sovereign is bound to deliver to another fugitives who have committed certain offenses. These offenses are of the deepest grade of criminality, and robbers, murderers and incendiaries, and those enumerated as proper to be surrendered. Following the analogy thus suggested, the provisions in our Constitution, it would seem, should be construed to embrace similar cases only, except, perhaps, those offenses which arise from an abuse of the same constitutional provision. That provision {178} must be guarded with the utmost care, or it will become intolerable. I do not think the circumstances of the case before me are of such grave import, or the offense itself of such high grade, as to justify the requisition desired. The power given by the Constitution ought not to be cheapened or applied to trifling offenses, or indeed to any that was not originally contemplated.
For the reasons stated in Mr. Spencer's opinion, the governor of New York refused to make the requisition upon the governor of Illinois. The case certainly came within the letter of the law, but not within the spirit and meaning. So with the affidavit of Governor Boggs, when he swears that Smith has fled from justice. It may come within the letter of the Constitution; but does it come within its spirit and meaning? Does it show that Smith was in Missouri at the time of the commission of the crime, and that he fled from that state to evade being brought to justice for that crime? Or does it refer to the flight of Smith and the Mormons from Missouri some years since?
I will refer to one more case of a similar nature. Lord Campbell, formerly attorney-general of England, in a recent debate in Parliament upon the subject of the Creole, made the following remarks:
"To show how cautious states should be in making such concessions one to the other reciprocally, he would mention a case that occurred when he was attorney-general. A treaty had been agreed upon between the state of New York and the province of Canada, by which the government of each agreed reciprocally to deliver up the citizens or subjects of the other against whom grand juries had found a bill, and who had sought refuge within the territories of the other. It happened that a slave had escaped from his master in New York, and had got to Canada. To facilitate his escape, he rode a horse of his master's for a part of the way, but turned him back on reaching the frontier. The authorities of New York well knew that England would not give up a runaway slave, and that as they could not claim him under the treaty, they therefore had a bill of indictment against him, before a New York grand jury for stealing the horse, though it was clear the animus furandi was wanting. The grand jury, however, found a true bill against him for the felony, and he was claimed under the treaty. The governor, under such circumstances refused to give him up until he had consulted the government in England. He (Lord Campbell) was consulted, and gave it as his opinion that the man ought not to be given up, as the true bill, where no felony had been committed, did not bring the case within the treaty. The man was not given up, and there the matter rested. This, he repeated, showed the necessity of the greatest caution where reciprocal rights of surrender were granted between states.
It is not to be presumed that the executive of this state would knowingly, {179} lend his aid in dragging one of our citizens, who is not a fugitive from justice, into a foreign state for trial. The governor has undoubtedly been misled by the evasive affidavit which accompanied the requisition.
I would advise that Mr. Smith procure respectable and sufficient affidavits to prove beyond all question, that he was in the state and not in Missouri, at the time the crime with which he is charged was committed, and upon these affidavits, apply to the governor to countermand the warrant he has issued for his arrest.
If he should refuse so to do, I am clearly of the opinion that, upon the above state of facts, the supreme court will discharge him upon habeas corpus.
Respectfully your obedient servant,
JUSTIN BUTTERFIELD.
The foregoing letter of Mr. Butterfield (United States' attorney for the district of Illinois,) shows, in a very lucid manner, what our rights and privileges are, pertaining to the habeas corpus, and accords with the opinion of every intelligent man,--the opinions of ex-Governor Boggs, Governor Reynolds, of Missouri, and Governor Carlin, to the contrary, notwithstanding.
{180}
Chapter X
TEMPLE AFFAIRS--THE PROPHET'S ADDRESS TO "NEWCOMERS"--CITY COUNCIL'S ACTIONS AS TO WRITS OF HABEAS CORPUS.
Friday, October 21, 1842.--This evening I returned, in company with John D. Parker, to Father Taylor's, judging it wisdom to keep out of the way of my enemies a while longer at least, although all is peace and quiet, and a prospect that my enemies will not trouble me much more at present.
[Sidenote: Temporary Floor in the Temple.]
Sunday, 23.--This day the Temple committee laid before the Saints the propriety and advantages of laying a temporary floor in the Temple, that the brethren might henceforth meet in the Temple to worship, instead of meeting in the Grove. This was my instructions, and the Saints seemed to rejoice at this privilege very much.
Monday, 24.--Printing office took fire, which was extinguished with difficulty.
Tuesday, 25.--Ship Emerald sailed from Liverpool with 250 Saints for New Orleans.
Friday, 28.--Soon after daylight this morning, I returned home again to visit my family. I found Emma worse; the remainder of the family well. In the afternoon I rode out into the city and took a little exercise. From the appearance of things abroad, we are encouraged to believe that my enemies will not trouble me much more at present.
This day the brethren finished laying the temporary floor, and seats in the Temple, and its appearance is {181} truly pleasant and cheering. The exertions of the brethren during the past week to accomplish this thing are truly praiseworthy.
[Sidenote: The Prophet at the Temple.]
Saturday, 29.--About ten in the forenoon I rode up and viewed the Temple. I expressed my satisfaction at the arrangements, and was pleased with the progress made in the sacred edifice. After conversing with several of the brethren, and shaking hands with numbers who were very much rejoiced to see their Prophet again, I returned home; but soon afterwards went over to the store, where a number of brethren and sisters were assembled, who had arrived this morning from the neighborhood of New York, Long Island, &c. After Elders Taylor, Woodruff, and Samuel Bennett had addressed the brethren and sisters, I spoke to them at considerable length, showing them the proper course to pursue, and how to act in regard to making purchases of land, &c.
[Sidenote: The Prophet's Advice to New-comers.]
I showed them that it was generally in consequence of the brethren disregarding or disobeying counsel that they became dissatisfied and murmured; and many when they arrived here, were dissatisfied with the conduct of some of the Saints, because everything was not done perfectly right, and they get angry, and thus the devil gets advantage over them to destroy them. I told them I was but a man, and they must not expect me to be perfect; if they expected perfection from me, I should expect it from them; but if they would bear with my infirmities and the infirmities of the brethren, I would likewise bear with their infirmities.
I told them it was likely I would have again to hide up in the woods, but they must not be discouraged, but build up the city, the Temple, &c. When my enemies take away my rights, I will bear it and keep out of the way; but if they take away your rights, I will fight for you. I blessed them and departed.
{182} [Sidenote: Return of Dr. Richards to Nauvoo.]
Dr. Willard Richards returned to Nauvoo with his family, having visited most of the churches in the Eastern States, and preached to them the necessity of building the Temple and gathering to this place, in obedience to the commandment of God to His people.
Sunday, 30.--The Saints met to worship on a temporary floor, in the Temple, the walls of which were about four feet high above the basement; and notwithstanding its size, it was well filled. It had been expected that I would address them, but I sent word that I was so sick that I could not meet with them; consequently Elder John Taylor delivered a discourse. In the evening I went to visit the sick, &c.
Monday, 31.--I rode out to my farm with my children, and did not return until after dark.
[Sidenote: Accident to the Prophet's Carriage.]
Tuesday, Nov. 1, 1842.--I rode with Emma to the Temple for the benefit of her health. She is rapidly gaining. In the afternoon went to see Dr. Willard Richards, who was very sick at Elder Woodruff's; afterwards, accompanied by my children and William Clayton, rode out towards the farm. When going down the hill, near Casper's the carriage got over-balanced and upset. I was thrown some distance from the carriage, and all three of the children almost under it. I arose and enquired if any of the children were killed; but upon examination, there was no one seriously hurt. Frederick G. Williams had his cheek bruised, which was the worst injury received.
It seemed miraculous how we escaped serious injury from this accident; and our escape could not be attributed to any other power than that of Divine Providence. I feel thankful to God for this instance of His kind and watchful care over His servant and family.
The carriage was so much broken, we left it, and putting the children in Brother Stoddard's buggy, returned. In the evening I rode to the Temple with two of my children.
{183} Wednesday, 2.--Spent this forenoon in removing the books, desk, &c., from my store over to my house. In the afternoon rode out to my farm, and spent the time plowing, &c.
Thursday, 3.--Rode out with Emma to the Temple.
Friday, 4.--Rode out with Lorin Walker to examine his timber north of the city.
[Sidenote: Return of Hyrum Smith and William Law.]
Brothers Hyrum Smith and William Law returned from their mission to the East. They bring very good reports concerning the public feeling, and say that John C. Bennett's expose has done no hurt, but much good.
[Sidenote: Return of Brigham Young, et. al.]
President Brigham Young, Heber C. Kimball, George A. Smith and Amasa Lyman, of the Twelve, also returned from their missions, and brought a similar report. They had visited the conferences according to the notice which they had published on September 12th, and had also visited many of the principal places in the state, delivered addresses to the people, and found a friendly feeling in most cases.
Saturday, 5.--I tarried at home on account of the rain. I received a visit from some Indians, who were accompanied by a negro interpreter. They expressed great friendship for the Mormon people, and said they were their friends. After considerable conversation and partaking of victuals, they departed, evidently highly gratified with their visit.
I told Dr. Richards the Mississippi would be frozen over in less than a month, although the weather was then warm and pleasant.
Sunday, 6.--At home all day. My brother Hyrum preached. Afternoon received a visit from Dr. Willard Richards.
[Sidenote: The Prophet's Consultation with Calvin A. Warren.]
Monday, 7.--Spent the forenoon in council with Brother Hyrum Smith and some of the Twelve, and in giving instructions concerning the contemplated journey to Springfield on the 15th December next, and what {184} course ought to be pursued in reference to the case of bankruptcy. In the afternoon Calvin A. Warren, Esq., arrived, and I called upon some of the Twelve and others to testify before Squire Warren what they knew in reference to the appointment of trustee-in-trust, &c., showing also from the records that I was authorized by the Church to purchase and hold property in the name of the Church, and that I had acted in all things according to the counsel given to me.
[Sidenote: Post Office Affairs at Nauvoo.]
Tuesday, 8.--This afternoon called upon Windsor P. Lyons and others to make affidavits concerning the frauds and irregularities practiced in the post office in Nauvoo. A petition was drawn and signed by many, and sent by Squire Warren to Judge Young, [U.S. senator from Illinois] with a request that the latter should present the same to the post-master general, and use his influence to have the present postmaster removed, and a new one appointed. I was recommended for the appointment. In the afternoon officiated in court as mayor at my house.
Wednesday, 9.--Paid E. Rhodes $436.93, it being the amount of three notes due for the north-west quarter of Sec. 9, 6 N. 8 W., and presided in city council, a special meeting to investigate the writ of habeas corpus.
Thursday, Friday, and Saturday, 10, 11, 12.--Presided at adjourned session of the city council at my house.
Sunday, 13.--I was at home through the day.
Letter of George D. Watt, Reporting Arrival of Emigrants.
SHIP SIDNEY, NEW ORLEANS, November 13, 1842.
DEAR BROTHER.--We have had a passage of fifty-six days--fine weather--with a kind captain and crew, who allowed us every reasonable privilege. There have been five deaths out of the company, and one sailor who fell from the yard arm and was killed. Brother Yates' eldest child, Sister Cannon, Brother Browne's child, and two children belonging to a man not in the Church.
{185} We stuck upon the bar at the mouth of the river, thirty-four hours. About two hours after we got off, the Medford came on the bar, where she stuck thirty hours. We landed here on the 11th instant, and the Medford arrived today, 13th. She lies about ten yards from us. They have had two deaths. Upon the whole, a good passage.
We have taken one of the largest and best steamboats in this port. We pay two and a half dollars per head, and twenty-five cents per cwt. above the weight allowed each person, which is one hundred pounds. We are all going up together.
Yours truly,
GEORGE D. WATT.
Monday, 14.--Presided at city council, when was passed the following "Ordinance regulating the proceedings on writs of habeas corpus."
Writ of Habeas Corpus.
Sec. 1. Be it ordained by the city council of the city of Nauvoo, that if any person or persons shall be or stand committed or detained for any criminal or supposed criminal matter, it shall and may be lawful for him, her, or them to apply to the municipal court, when in session, or to the clerk thereof in vacation, for a writ of habeas corpus; which application shall be in writing and signed by the prisoner, or some person on his, her, or their behalf, setting forth the facts concerning his, her, or their imprisonment, and in whose custody he, she, or they are detained; and shall be accompanied by a copy of the warrant, or warrants of commitments, or an affidavit that the said copy had been demanded of the person or persons in whose custody the prisoner or prisoners are detained, and by him or them refused or neglected to be given. The said court or clerk to whom the application shall be made, shall forthwith award the said writ of habeas corpus, unless it shall appear from the petition itself, or from the documents annexed, that the party can neither be discharged nor admitted to bail, nor in any other manner relieved, which said writ shall be issued under the hand of the clerk, and the seal of the court; which seal may be a written one, until another shall be obtained, and shall be in the following words, to wit: "Seal of the Municipal Court of the city of Nauvoo."
STATE OF ILLINOIS,
CITY OF NAUVOO, ss.
To the People of the State of Illinois, to the Marshal of said City, Greeting:
Whereas application has been made before the municipal court of {186} said city that the body (or bodies) of A B, &c., is or are in the custody of C D, &c., of &c., these are therefore to command, the said C D, &., of &c., to safely have the body (or bodies) of said A B, &c., in his custody, detained, as it is said, together with the day and cause of his (her or their) caption and detention by whatsoever name the said A, B, &c., may be known or called, before the municipal court of said city, forthwith to abide such order as the said court shall make in his behalf; and further, if the said C D, &c., or other person or persons having said A B, &c., in custody shall refuse, or neglect to comply with the provisions of this writ, you, the marshal of said city, or other person authorized to serve the same, are hereby required to arrest the person or persons so refusing or neglecting to comply as aforesaid, and bring him or them, together with the person or persons in his or their custody, forthwith before the municipal court aforesaid, to be dealt with according to law; and herein fail not to bring this writ with you.
Witness, J. S., clerk of the municipal court at Nauvoo, this......day of.........in the year of our Lord one thousand eight hundred and forty.......... J. S., Clerk.
And [this shall] be directed to the city marshal, and shall be served by delivering a copy thereof to the person or persons in whose custody the prisoner or prisoners are detained, and said writ shall be made returnable forthwith, and the form and substance thereof, as herein set forth, and be taken and considered as part and parcel of this ordinance. To the intent that no officer, sheriff, jailer, keeper, or other person, or persons, upon whom such writ shall be served, may pretend ignorance thereof, every such writ and copy thereof served shall be endorsed with these words, "By the Habeas Corpus Act;" and whenever the said writ shall by any person be served upon the sheriff, jailor, keeper, or other person or persons whomsoever, holding said prisoner or prisoners, or being brought to him or them, or being served upon any of his or their under-officers or deputies at the jail, or place where the prisoner or prisoners are detained, he or they, or some of his or their under-officers or deputies shall, upon payment or tender of the charges of bringing the said prisoner or prisoners, to be ascertained by the court awarding the said writ, and endorsed thereon, not exceeding ten cents per mile; and upon sufficient security given to pay the charges of carrying him, her, or them back, if he, she, or they shall be remanded, make return of such writ, and bring or cause to be brought, the body or bodies of the prisoner or prisoners before the municipal court forthwith, and certify the true cause of his, her, or their imprisonment, unless the commitment of such person or persons shall be to the county jail in Hancock county, in which case the time shall be prolonged till five days, after the delivery of the writ as aforesaid, and not longer.
{187} Provided, nevertheless, that in case any person or persons may at any time hereafter be taken and lodged in the city or county jail, under any writ or process, as provided by the city charter of the city of Nauvoo, and shall require a writ of habeas corpus to issue to bring him, her, or them before the municipal court of said city, said writ shall issue to bring him, her, or them before said court, and be directed to the city marshal to be served upon the person or persons in whose custody such prisoner or prisoners may then be detained.
Sec. 2. Where any person or persons not being committed or detained for any criminal or supposed criminal matter shall be confined or restrained of his, her, or their liberty, under any color or pretense whatever, he, she, or they may apply for a writ of habeas corpus, as aforesaid, which application shall be in writing, signed by the party, or some person on his, her, or their behalf, setting forth the facts concerning his, her, or their imprisonment, and wherein the illegality of such imprisonment consists, and in whose custody he, she or they are detained; which application or petition shall be verified by the oath or affirmation of the party applying, or some other person on his, her, or their behalf. If the confinement or restraint is by virtue of any judicial writ or process, or order, a copy thereof shall be annexed thereto, or an affidavit made that the same had been demanded and refused: the same proceedings shall thereupon be had in all respects, as are directed in the preceding section, and any officer, person, or persons, knowing that he or they have an illegal writ, or not having any writ, who shall attempt through any false pretext to take or intimidate any of the inhabitants of this city, through such pretext, shall forfeit for every such offense a sum not exceeding one thousand dollars, nor less than five hundred dollars, or in case of failure to pay such forfeiture, to be imprisoned not more than twelve months nor less than six months.
Sec. 3. Upon the return of the writ of habeas corpus, a day shall be set for the hearing of the cause of imprisonment or detainer, not exceeding five days thereafter, unless the prisoner or prisoners shall request a longer time. The said prisoner or prisoners may deny any of the material facts set forth in the return, or may allege any fact to show either that the imprisonment or detention is unlawful, or that he, she, or they, is or are then entitled to his, her, or their discharge, which allegations or denials shall be made on oath. The said return may be amended, by leave of the court, before or after the same is filed, as also may all suggestions made against it, that thereby material facts may be ascertained. The said court shall proceed in a summary way to settle the said facts, by hearing the testimony and arguments, as well of all parties interested civilly, if any there be, as of the prisoner or prisoners and the persons or person who holds him, her, or them in custody, and {188} shall dispose of the prisoner or prisoners as the case may require. If it appear that the prisoner or prisoners are in custody by virtue of process from any court, legally constituted, he, she, or they can be discharged for the following causes:--First, where the court has exceeded the limits of its jurisdiction, either as to the matter, place, sum, person, or persons; second, where, though the original imprisonment was lawful, yet by some act, omission, or event which has subsequently taken place, the party has become entitled to his, her, or their discharge; third, where the process is defective in some substantial form required by law; fourth, where the process though in proper form has been issued in a case, or under circumstances where the law does not allow process, or orders for imprisonment or arrest, to issue; fifth, where although in proper form the process has been issued or executed by a person or persons, either unauthorized to issue or execute the same, or where the person or persons having the custody of the prisoner or prisoners under such process is not the person or persons empowered by law to detain him, her, or them; sixth, where the process appears to have been obtained by false pretense or bribery; seventh, where there is no general law, nor any judgment, order, or decree of a court, to authorize the process, if in a civil suit, nor any conviction, if in a criminal proceeding. In all cases where the imprisonment is for a criminal or supposed criminal matter, if it shall appear to the said court that there is sufficient legal cause for the commitment of the prisoner or prisoners, although such commitment may have been informally made, or without due authority, or the process may have been executed by a person or persons not duly authorized, the court shall make a new commitment, in proper form, and directed to the proper officer or officers, or admit the party to bail, if the case be bailable.
Sec. 4. When any person or persons shall be admitted to bail on habeas corpus, he, she, or they shall enter into recognizance with one or more securities in such sum as the court shall direct, having regard to the circumstances of the prisoner or prisoners, and the nature of the offense, conditioned for his, her, or their appearance at the next circuit court to be holden in and for the county where the offense was committed, or where the same is to be tried. Where the court shall admit to bail, or remand any prisoner or prisoners brought before the court, on any writ of habeas corpus, it shall be the duty of said court to bind all such persons as to declare any thing material to prove the offense, with which the prisoner or prisoners are charged by recognizance to appear at the proper court having cognizance of the offense, on the first day of the next term thereof, to give evidence thereof touching the said offense, and not to depart the said court without leave; which recognizance so taken, together with the recognizance entered into by the prisoner {189} or prisoners, when he, she, or they are admitted to bail, shall be certified and returned to the proper court, on the first day of the next succeeding term thereof. If any such witness or witnesses shall neglect or refuse to enter into a recognizance as aforesaid, when thereunto required, it shall be lawful for the court to commit him, her, or them to jail until he, she, or they shall enter into such recognizance, or be otherwise discharged by due course of law. If the court shall neglect or refuse to bind any such witness or witnesses, prisoner or prisoners, by recognizance as aforesaid, or to return any such recognizance, when taken as aforesaid, the court shall be deemed guilty of a misdemeanor in office, and be proceeded against accordingly.
Sec. 5. Where any prisoner or prisoners brought up on a habeas corpus shall be remanded to prison, it shall be the duty of the municipal court remanding him, her, or them to make out and deliver to the sheriff, or other person or persons to whose custody he, she, or they shall be remanded, an order in writing, stating the cause or causes of remanding him, her, or them. If such prisoner or prisoners shall obtain a second writ of habeas corpus, it shall be the duty of such sheriff or other person or persons upon whom the same shall be served, to return therewith the order aforesaid; and if it shall appear that the said prisoner or prisoners were remanded for an offense adjudged not bailable, it shall be taken and received as conclusive, and the prisoner or prisoners shall be remanded without further proceedings.
Sec. 6. It shall not be lawful for the municipal court, on a second writ of habeas corpus obtained by such prisoner or prisoners, to discharge the said prisoner or prisoners, if he, she, or they are proven guilty of the charges clearly and specifically charged in the warrant of commitment with a criminal offense; but if the prisoner or prisoners shall be found guilty, the municipal court shall only admit such prisoner or prisoners to bail, where the offense is bailable by law or ordinance, or remand him, her, or them to prison, where the offense is not bailable; or being bailable, if such prisoner or prisoners shall fail to give the bail required.
Sec. 7. No person or persons who have been discharged by order of the municipal court on a habeas corpus, shall be again imprisoned, restrained, or kept in custody for the same cause, unless he, she, or they, be afterwards indicted for the same offense, or unless by the legal order or process of the municipal court wherein he, she, or they are bound by recognizance to appear, the following shall not be deemed to be the same cause. First, if after a discharge for defect of proof, or any material defect in the commitment in a criminal case, the prisoner or prisoners should be again arrested upon sufficient proof and committed by legal process, for the same offense; second, if in a civil suit the {190} party or parties have been discharged for any illegality in the judgment or process, and are afterwards imprisoned by legal process, for the same cause of action; third, generally whenever the discharge has been ordered on account of the non-observance of any of the forms required by law, the party or parties may be a second time imprisoned, if the cause be legal and the forms required by law observed.
Sec. 8. If any person or persons shall be committed for a criminal matter, in case of the absence of a witness or witnesses whose testimony may be considered to be of importance in behalf of the people, the municipal court may adjourn from time to time at its discretion, provided they decide upon the case within thirty days, if it shall appear by oath or affirmation that the witness or witnesses for the people of the state are absent, such witness or witnesses being mentioned by name, and the court shown wherein their testimony is material.
Sec. 9. Any person or persons being committed to the city or county jail, as provided in the Charter in the City of Nauvoo, or in the custody of an officer, sheriff, jailer, keeper, or other person or persons, or his or their under-officer or deputy, for any criminal or supposed criminal matter, shall not be removed from said prison or custody into any prison or custody, unless it be by habeas corpus, or by an order of the municipal court, or in case of sudden fire, infection, or other necessities; if any person or persons shall, after such commitment as aforesaid, make out, sign, or countersign any warrant or warrants for such removal, then he or they shall forfeit to the prisoner or prisoners aggrieved a sum not exceeding five hundred dollars, to be recovered by the prisoner or prisoners aggrieved, in the manner hereinafter mentioned.
Sec. 10. If any member of the municipal court, or the clerk of said court shall corruptly refuse or neglect to issue writ or writs of habeas corpus when legally applied to in a case where such writ or writs may lawfully issue, or who shall for the purpose of oppression unreasonably delay the issuing of such writ or writs, shall for every such offense forfeit to the prisoner or prisoners, party or parties aggrieved, a sum not less than five hundred dollars and not exceeding one thousand dollars, and be imprisoned for six months.
Sec. 11. If any officer, sheriff, jailer, keeper, or other person or persons upon whom any such writ shall be served, shall neglect or refuse to make the returns as aforesaid, or to bring the body of the prisoner or prisoners according to the command of the said writ within the time required by this ordinance, all and every such officer, sheriff, jailer, keeper, or other person or persons shall be guilty of a contempt of the municipal court who issued said writ: whereupon the said court may and shall issue an attachment against said officer, sheriff, jailer, keeper, or other person or persons, and cause him or them to be committed to {191} the city or county jail as provided for by the city charter of the city of Nauvoo, there to remain without bail or mainprize, until he or they shall obey the said writ; such officer, sheriff, jailer, keeper, or other person or persons shall also forfeit to the prisoner or prisoners, party or parties aggrieved, a sum not exceeding one thousand dollars, and not less than five hundred dollars.
Sec. 12. Any person or persons having a prisoner or prisoners in his or their custody, or under his or their restraint, power, or control, for whose relief a writ or writs of habeas corpus is issued, who, with intent to avoid the effect of such writ or writs, shall transfer such person or persons to the custody of, or place him, her, or them under the control of any other person or persons, or shall conceal him, her, or them, or change the place of his, her, or their confinement, with intent to avoid the operation of such writ or writs, or with intent to remove him, her, or them out of the state, shall forfeit for every such offense one thousand dollars, and may be imprisoned not less than one year, nor more than five years. In any prosecution for the penalty incurred under this section, it shall not be necessary to show that the writ or writs of habeas corpus had issued at the time of the removal, transfer, or concealment therein mentioned, if it be proven that the acts therein forbidden were done with the intent to avoid the operation of such writ or writs.
Sec. 13. Any sheriff, or his deputy, any jailer or coroner having custody of any prisoner or prisoners committed on any civil or criminal process, of any court or magistrate, who shall neglect to give such prisoner or prisoners a copy of the process, order, or commitment, by virtue of which he, she, or they are imprisoned, within six hours after demand made by said prisoner or prisoners, or any one on his, her, or their behalf, shall forfeit five hundred dollars.
Sec. 14. Any person, knowing that another has been discharged, by order of the municipal court, on a habeas corpus, shall, contrary to the provisions of this ordinance, arrest or detain him or her again for the same cause which was shown on return of such writ, shall forfeit one thousand dollars for the first offense, and two thousand dollars for every subsequent one.
Sec. 15. All the pecuniary forfeitures incurred under this ordinance shall be and inure to the use of the party for whose benefit the writ of habeas corpus was issued, and shall be sued for and recovered with costs by the city attorney, in the name of the city by information, and the amount when recovered shall, without any deduction, be paid to the parties entitled thereto.
Sec. 16. In any action or suit for any offense against the provisions of this ordinance, the defendant or defendants may plead the general issue, and give the special matter in evidence.
{192} Sec. 17. The recovery of said penalties shall be no bar to a civil suit for damages.
Sec. 18. The municipal court, upon issuing a writ of habeas corpus, may appoint any suitable person to serve the same, other than the marshal, and shall endorse the appointment on the back of said writ.
Sec. 19. This ordinance to take effect and be in force from and after its passage, any act heretofore to the contrary thereof in any wise notwithstanding. Passed November 14, 1842.
JOSEPH SMITH, Mayor.
JAMES SLOAN, Recorder.
Many other bills were discussed on this and previous days.
{193}
Chapter XI
PROPHET'S RETIREMENT FROM EDITORSHIP OF "TIMES AND SEASONS"--PROGRESS OF WORK ON THE TEMPLE--DIVISION OF NAUVOO INTO TEN WARDS--WM. SMITH IN THE ILLINOIS LEGISLATURE--GOVERNOR FORD ON MISSOURI'S DEMAND FOR THE PROPHET.
Tuesday, November 15, 1842.--About home. Wrote for the Times and Seasons the following:
VALEDICTORY.
I beg leave to inform the subscribers of the Times and Seasons that it is impossible for me to fulfill the arduous duties of the editorial department any longer. The multiplicity of other business that daily devolves upon me renders it impossible for me to do justice to a paper so widely circulated as the Times and Seasons. I have appointed Elder John Taylor, who is less encumbered and fully competent to assume the responsibilities of that office, and I doubt not that he will give satisfaction to the patrons of the paper. As this number commences a new volume, it also commences his editorial career.
JOSEPH SMITH.
Elder Taylor proceeded to his duties as editor.
Elder Bradley Wilson died suddenly in his 74th year. He received the gospel in Ohio, removed his family to Missouri, and was driven to Nauvoo in 1839. He has left seven sons and thirty-nine grand-children residing in Nauvoo.
_Wednesday, 16--_About home. In the evening started on a journey to the counties north, in company with John D. Parker.
Thursday, 17.--There was a severe snow storm, and Elder Alpheus Harmon (who was just returning from a {194} mission), and another man, were frozen to death on the prairie between Nauvoo and Carthage. The Mississippi was frozen over, which fulfilled my prophecy of the 5th instant.
[Sidenote: Vote to Suspend the Millennial Star.]
Monday, 21.--A Council of the Twelve, namely, Brigham Young, Heber C. Kimball, Wilford Woodruff, John Taylor, George A. Smith, Amasa Lyman, and Willard Richards, assembled at the house of Elder Heber C. Kimball, in Nauvoo, and decided by unanimous acclamation that the printing of the Millennial Star and all other publications in England relating to the Church of Jesus Christ of Latter-day Saints be suspended, on the return of Elder Parley P. Pratt from that country, until further instruction from the quorum; and that the foregoing minutes be forwarded to Elder Pratt or to the editor of the Star, which was done by letter from the president and clerk of the council.
Tuesday, 22.--I arrived at home, after a pleasant outing, in good health and spirits.
Wednesday, 23.--At home all day.
[Sidenote: Disaster on the Island of Madeira.]
Thursday, 24.--By report of the papers, the island of Madeira was visited by a dreadful storm. The summer was hot and weather fine till the 15th, when the rain commenced falling heavily and continued to the 24th. At one o'clock in the afternoon the water fell in torrents, the sky became dark, the streets in the capital became inundated, and the affrighted inhabitants in town and country fled to the mountains. Upwards of two hundred houses were destroyed at Funchal, and much corn and wine. The damage to lives, houses, and crops on the island, and boats in the harbors was incalculable.
Saturday, 26.--At home in the morning. At ten, met in city council, which resolved that the inscription for the seal to be procured for the municipal court of this city shall consist of a circle, including the words "Municipal Court, City of Nauvoo," within which is to be a book {195} circled with rays, on which is to be inscribed the words "Constitution and Charter."
Wrote as follow:--
Letter of the Prophet to H. R. Hotchkiss--Land Purchase Contract Considered.
NAUVOO, November 26, 1842.
Horace R. Hotchkiss, Esq.
DEAR SIR:--Yours of the 8th instant to Sidney Rigdon has been received; and, in consequence of his not knowing anything concerning the matters therein mentioned, or being in any way connected or interested in my affairs, he of course, has handed the letter to me, which I shall proceed to answer.
And, sir, permit me to say, on the subject of the deal between myself, as Trustee-in-Trust for the Church of Latter-day Saints, and you, that I am as anxious as ever to have the contract continue good between us, and to meet the obligations specified in the contract. I am not, neither have I ever been, wishful to shrink from it in any manner whatever, but intend to make payments as fast as my circumstances will admit.
But, sir, you are not unacquainted with the extreme hardness of the times and the great scarcity of money, which put it out of my power to meet all the payments as they fell due, and which has been the only cause of any failure on my part; and should you feel disposed not to press the payments, but offer a lenity equivalent to the state of the times, then, sir, I shall yet endeavor to make up the payments as fast as possible, and consider the contract as still good between us.
I would here say that when I found it necessary to avail myself of the benefits of the bankrupt law, I knew not but that the law required of me to include you amongst the list of my creditors, notwithstanding the nature of the contract between us. This explains the reason of my doing so.
I have since learned, from a decision of the judge of the supreme court, that it was not necessary, and that the [bankrupt] law has no jurisdiction over such a contract. Consequently, as I have before stated, I am disposed to hold it, provided you will not press the payments. Under these circumstances, I consider it necessary to give you the information required in your letter, in regard to the number and kind of houses on the land, &c.
I shall expect to hear from you again soon. In regard to your having written to me some few weeks ago, I will observe that I have received no communication from you for some months back. If you wrote to me, the letter has been broken open and detained, no doubt, as has {196} been the case with a great number of letters from my friends of late, and especially within the last three months.
Few if any letters for me can get through the post office in this place, and more particularly letters containing money, and matters of much importance. I am satisfied that Sidney Rigdon and others connected with him have been the means of doing incalculable injury, not only to myself, but to the citizens in general; and, sir, under such a state of things, you will have some idea of the difficulties I have to encounter, and the censure I have to bear through the unjust conduct of that man and others, whom he permits to interfere with the post office business. Having said so much, I must close for the present.
You will hereby understand my feelings upon the subject and the reasons of the course I have hitherto pursued.
With sentiments of due respect, I remain, as ever, yours respectfully,
JOSEPH SMITH.
P.S.--Should it suit you better, I am ready on my part to renew the contract, and would prefer it.
J. S.
[Sidenote: Sudden Illness of Brigham Young.]
In the evening went to see Brigham Young, in company with Dr. Richards. He was suddenly and severely attacked by disease, with strong symptoms of apoplexy. We immediately administered to him by laying on of hands and prayer, accompanied with the use of herbs. Profuse vomiting and purging followed, which were favorable indications. Although few so violently attacked ever survive long, yet the brethren were united in faith, and we had firm hopes of his recovery.
Sunday, 27.--At home, except visiting President Young, who remained extremely sick.
[Sidenote: Temple Structure Difficulties.]
Monday, 28.--At home all day. Charges of an unequal distribution of provisions, giving more iron and steel tools to Reynolds Cahoon's sons than to others, giving short measure of wood to Father Huntington, also letting the first course of stone around the Temple to the man who would do it for the least price, &c., having been instituted by the stonecutters against the Temple committee,--viz., Cahoon and Higbee, I requested the parties to appear at my house this {197} day to have the difficulties settled by an investigation before myself and Counselor William Law. President Hyrum Smith acted as counsel for the defendants, and Elder Henry G. Sherwood for the accusers. The hearing of testimony lasted until four o'clock, at which time the meeting adjourned for half an hour. On coming together again, President Hyrum addressed the brethren at some length, showing the important responsibility of the committee, also the many difficulties they had to contend with. He advised the brethren to have charity one with another, and be united, &c., &c. Elder Sherwood replied to President Hyrum's remarks. President Hyrum explained some remarks before made. Elder William Law made a few pointed remarks, after which I gave my decision, which was that the committee stand in their place as before. I likewise showed the brethren that I was responsible to the state for a faithful performance of my office as sole trustee-in-trust, &c., and the Temple Committee were responsible to me and had given bonds to me, to the amount of $12,000, for a faithful discharge of all duties devolving upon them as a committee, &c. The trial did not conclude until about nine o'clock in the evening.
Tuesday, 29.--In council with Brother Hyrum, Willard Richards, and others, concerning bankruptcy. Afternoon, attended court at the house of Mr. Hunter, grocer, before Alderman Spencer, for slander. I forgave Hunter the judgment, but he was fined $10 for contempt of court.
Wednesday, 30.--Morning, in counsel in the large assembly room preparing evidence in the case of bankruptcy. Afternoon, had Amos Davis brought before the municipal court for slander; but, in consequence of the informality of the writ drawn by Squire Daniel H. Wells, I was non-suited.
A severe storm of snow, rain and wind is reported to have been experienced at Boston this day and evening, doing much damage to the ships and wharves.
Thursday, December 1, 1842.--Emma was sick, attendance {198} upon her occupied some of my time. Visited George A. Smith and Brigham Young, who were sick. Called at Mr. Angel's, in company with Elder Richards, to give some counsel concerning a sick sister. Called on William W. Phelps to get the historical documents, &c.; after which I commenced reading and revising history.
Extract of a Letter from Orrin Porter Rockwell, superscribed to Newel K. Whitney, dated Philadelphia, December 1, 1842, whither he had gone to escape the hands of those who sought his life in Missouri.
DEAR BROTHER JOSEPH SMITH:--I am requested by our friend Orrin Porter [Rockwell] to drop a few lines informing you that he is in this place. His health is good, but his spirits are depressed, caused by his being unable to obtain employment of any kind. He has applied in different parts of the city and country, but all without success, as farmers can get persons to work from sunrise till dark for merely what they eat. He is most anxious to hear from you, and wishes you to see his mother and the children and write all the particulars, how matters and things are, and what the prospects are. I pity him from the bottom of my heart. His lot in life seems marked with sorrow, bitterness and care. He is a noble, generous friend. But you know his worth: any comments from me would be superfluous. He will wait in this place until he hears from you. Please write immediately, as it will be a source of great comfort to him to hear [from you].
If Joseph is not at home, Brother Whitney will be kind enough to write. He says every other one he has come across has been afraid of their shadows, but he watches them well. He comes to see me every day, and I keep him a close prisoner! But he does not complain of my cruelty, or being hard-hearted, but, when with me, seems resigned to whatever punishment I may see proper to inflict, but he takes it in good part. Answer this as soon as received.
Yours truly,
S. ARMSTRONG,
for Orrin Porter [Rockwell].
Friday, 2.--Sat as Mayor on trial of Amos Davis, who was fined in the sum of $25 for breach of city ordinance for selling spirits by the small quantity. In the evening, called on Elder Richards, and Bishop Whitney to take an appraisal of the printing office establishment, preparatory {199} to a lease to Elders Taylor and Woodruff for the term of five years.
Saturday, 3.--Called at the printing office several times. In the afternoon, attended the municipal court in the case of Amos Davis, for breach of city ordinance, &c.
Sunday, 4.--The weather being very wet, I remained at home all day.
The High Council of Nauvoo met, heard, accepted, and adopted the report of their committee for dividing the city into ten wards, as follows:--
The First Ward is bounded on the north by the city boundary line, and on the south by Brattle street.
The Second Ward is bounded on the north by Brattle street or the First Ward, and on the south by Carlos street or the Third Ward.
The Third Ward is bounded on the north by Carlos street or the Second Ward, and on the south by Joseph street or the Fourth Ward.
The Fourth Ward is bounded on the north by Joseph street or the Third Ward, and on the south by Cutler street or the Fifth Ward.
The Fifth Ward is bounded on the north by Cutler street or the Fourth Ward, and on the south by Mulholland street.
The Sixth Ward is bounded on the west by the Mississippi river, and on the east by Main street or the Seventh Ward.
The Seventh Ward is bounded on the west by Main street or the Sixth Ward, and on the east by Durfee street or the Eight Ward.
The Eight Ward is bounded on the west by Durfee street or the Seventh Ward, and on the east by Robinson street or the Ninth Ward.
The Ninth Ward is bounded on the west by Robinson street or the Eight Ward, and on the east by Green street or the Tenth Ward.
{200} The Tenth Ward is bounded on the west by Green street or the Ninth Ward, and on the east by the city boundary line.
Monday, 5.--In the morning, attended in council with Brother Hyrum and others on bankruptcy, making an inventory of our property, and schedule of our liabilities, that we might be prepared to avail ourselves of the laws of the land as did others. Afternoon, had conversation with Brother Green. In the evening, attended the Masonic Lodge.
Tuesday, 6.--Attended the trial of an appealed case of Amos Davis before the municipal court. Judgment confirmed.
Wednesday, 7.--Dined with Elder Orson Hyde and family. Elder Hyde has this day returned home from his mission to Jerusalem. His presence was truly gratifying. Spent the day with Elder Hyde and drawing wood.
Thursday, 8.--Spent the day at home. Received a visit from Elder Hyde and wife.
[Sidenote: Inaugural Address of Governor Ford.]
This day, Thomas Ford, governor of Illinois, in his inaugural address to the Senate and House of Representatives, remarked that a great deal has been said about certain charters granted to the people of Nauvoo. These charters are objectionable on many accounts, but particularly on account of the powers granted. The people of the state have become aroused to the subject, and anxiously desire that these charters should be modified so as to give the inhabitants of Nauvoo no greater privileges than those enjoyed by others of our fellow citizens.
Friday, 9.--I chopped wood all day. My Brother Hyrum started for Springfield to attend to his case of bankruptcy, with Benjamin Covey as witness. Willard Richards, William Clayton, Henry G. Sherwood, Peter Haws, Heber C. Kimball, Alpheus Cutler, and Reynolds Cahoon accompanied them to attend to my case, present testimony to the government that I was in Illinois at the {201} time Boggs was shot--consequently could not have been a fugitive from the justice of Missouri, and thus procure a discharge from Governor Ford, on Governor Carlin's writ for my arrest. The weather was very cold, and the traveling tedious; yet my messengers traveled thirty-four miles, and stayed with my Brother Samuel Smith, who kept a public-house at Plymouth.
[Sidenote: Agitation as to Nauvoo Charters.]
Mr. Davis, of Bond county, introduced a resolution to the house of Representatives at Springfield, concerning the charter of Nauvoo, and urged its repeal.
Mr. Hicks was in favor of having the state arms taken from the Mormons.
Mr. Owen thought they had no more than their quota.
[The arms referred to consisted of three cannon, six-pounders, and a few score of muskets, swords, and pistols, which were furnished by the United States to Illinois, for the supply of her militia for common defense, of which the Nauvoo Legion had received but a small portion of that to which it was entitled.]
My Brother, William Smith, representative of Hancock county, colleague with Mr. Owen, made the following speech in the House, in reply to Mr. Davis:--
Speech of William Smith, Brother of the Prophet, on the Chartered Rights of Nauvoo.
MR. SPEAKER.--I beg the privilege of making a few remarks on this subject. This, sir, seems to be a question which has excited, to a very considerable extent, the attention of members who compose this honorable body. But, Mr. Speaker, it does really appear to me that this is a question that has been gotten up quite prematurely; for I doubt not many members here have not yet had the opportunity of learning what privileges are granted in the Nauvoo City Charter.
The subject which the gentleman has raised is only an assumption. I doubt not that if the subject had been fairly investigated, and weighed equally in the balance by every candid individual in the community, that prejudices of this kind would not have obtained such a hold upon the public mind. In the estimation of genuine democracy, the rights of the people of Nauvoo are just as sacred as those of any {202} other people. The people that live there should have just the same privileges extended to them as are awarded to Springfield, Chicago, Quincy, or any other city in the state.
It is true, indeed, that they have labored under many embarrassments. The public mind has been heated in regard to what was supposed to be their chartered privileges. But you, Mr. Speaker, are well aware that all the corporate privileges that they enjoy have been granted to them by a previous Legislature. Upon that occasion all that was done was not considered, by any, more than an act of justice towards them. They had no greater rights or privileges given them than were already enjoyed by the citizens of Quincy or Springfield. The people had chartered privileges in both of those cities, and we have the same in Nauvoo. Our condition in that respect is not at all different from Chicago, Alton, and many other chartered cities in this state. It would be hardly worth while, Mr. Speaker, to detain either you or this honorable body by making many preliminary remarks in respect to our religion. This is a matter that cannot at all come under the purview of this legislature.
I do not fancy myself placed here before a body of sectarians invested, in their own estimation, with authority to enact rules for the government or regulation of any sect upon matters of religion. I do not suppose that I stand in the presence of persons disposed to take away one single religious right pertaining to the people among whom I dwell.
But what could legislation in regard to the matter effect? What would it prove? It would neither prove Joseph Smith to be a Christian nor that Tom Thumb came from the moon. It would prove nothing in reference to the principles of any body of religionists. But I do not feel it my prerogative to enter into a discussion of religious principles here. I know very well that the people called "Mormons" are thought to be a very strange people. I come right from among them, and you can all judge whether or not they seem to have the appearance of a strange animal of seven heads and ten horns. You can all decide for yourselves whether, from the appearance I present, I should be numbered among outcasts, or be ranked among human beings.
One word further as to the chartered privileges. They have, as this honorable body is well aware, assembled a population of from five to ten or fifteen thousand inhabitants. It is in consequence of the privileges granted in their Charter that they have been induced to do this. Nauvoo is not, as some may erroneously suppose--a city composed entirely of Mormons. I can inform gentlemen that Methodists, Presbyterians, Baptists, Universalians, in short, many of the different kinds of religion, and even infidels may be found there; and all these {203} are tolerated there just as in any other community. A great many persons have gone to Nauvoo, and there invested their property. They are now engaged in the erection of buildings, which, when consummated will cost enormous sums of money. But should the Charter of that city be repealed, individuals who now consider themselves rising to wealth, in consequence of what has been done by a former legislature of this state, will be reduced to wretchedness and want. In that event property now worth three to ten thousand dollars will not be worth five hundred, or nothing in comparison to that amount.
There is another point, Mr. Speaker, to which I would call your attention, and that is to the observations which have been made in regard to taking away from the city of Nauvoo the state arms. Well suppose that should be done, would that effect anything? They are now organized, and have, under existing laws drawn a certain portion of the public arms. In that wherein are they acting differently from any other citizens? They have not even that equal proportion of arms that they are entitled to by law. What would be the object in taking away the public arms from the militia of this state? It surely cannot be believed that there is any danger of the Mormons breaking out and killing the people. There is no more danger of that than there is that five, six or a dozen old women and a few boys should do the same thing. Is this state to be carried by a hue-and-cry of that kind raised by politicians? I own that it is not the design of that people even so much as to molest a hair on the head of a single individual; but that, on the contrary, it is their intention in all things to conform to the Constitution and laws of the land. If prejudices have been accumulating upon the public mind calculated to produce the expression that they are villains, such prejudices are entirely unfounded. And it is a great mistake to suppose the contrary. Those people consider themselves bound by the laws, and endeavor to obey them. Have they not, I would ask, contributed their portion towards replenishing your county and state revenues? Have they ever refused to pay their taxes? Have they not always been both ready and willing to obey both the civil and military laws of this state? Where, then, is the necessity, that this honorable body should enact a law taking away from them their chartered privileges?
I will not, Mr. Speaker, detain you or this honorable body much longer. I am heartily sorry that a blow has been aimed at the chartered privileges of Nauvoo. I speak in defense of my constituents upon this occasion, feeling myself bound to do so, not by any former pledges, but by principle. I believe in defending the cause of the defenseless, as has already been remarked. All that we claim is equal rights and equal provisions. I would remark, for the satisfaction of my own feelings {204} in this matter, that I was some little interested in the event of the last election. I then was engaged in the cause of Democracy, enlisted in the campaign of canvassing my county, and in consequence of the many prejudices, that were excited against the "Mormons," as they are called, I was placed under circumstances of most unparalleled embarrassment; but still I thought it a favorable opportunity to unite the Democracy of the county.
I know that considerable political capital has been made by the question of Mormonism and anti-Mormonism. Perhaps one thing that now contributes to that result is, that there are hints in the governor's message in regard to a repeal of the Nauvoo Charter. It is a circumstance within my own knowledge that, previous to the last election in Hancock county, some few individuals there made strong efforts to get our votes for the governor's election. By exertions made there, more than a thousand votes were cast for the governor by Mormon influence; and since I have been here, a gentleman of opposite politics has said to me, "Now your governor is paying you off."
I do not allude to this to wound the feelings of any person whatever. I do not consider that the recommendation of the governor was designed to effect the repeal of our Charter. All that we have to say is that we throw ourselves upon your mercy. As Democrats we ask for equal justice and equal rights. Give us those rights, and we are content; without them we are deprived of that which was purchased by the blood of our fathers.
Saturday, 10.--In this day's paper, William Smith gave his valedictory, resigning the editorship of the Wasp to Elder John Taylor.
Tuesday, 13.--I continued to chop and haul wood, and attend to my domestic concerns. My delegation arrived at Springfield about three o'clock this afternoon, and found the question of the repeal of the Nauvoo Charter in a high state of agitation in the legislature.
Wednesday, 14.--My delegation at Springfield having made affidavit that I was in Illinois on the 6th of May last, and consequently could not have been concerned in the attempted assassination of ex-Governor Boggs, and also having prepared a petition to Governor Ford to revoke the writ and proclamation of Governor Carlin for my arrest, they called on Governor Ford at four in the afternoon, there were present by their selection: Dr. {205} Richards, Brother Hyrum, Elders Sherwood and Clayton, in company with Mr. Butterfield, United States district attorney, who read his communication to Sidney Rigdon, Esq., of the 20th October, my petition to revoke and countermand Governor Carlin's writ and proclamation, and the affidavit of Lilburn W. Boggs.
Governor Ford, in reply, stated that he had no doubt but that the writ of Governor Carlin was illegal; but he doubted as to his authority to interfere with the acts of his predecessor. He finally concluded that he would state the case before the judges of the supreme court at their council next day, and whatever they decided on shall be his decision. He then stated his reasons for recommending a repeal of the Charter, and said that he regretted that he had not recommended a repeal of all the charters in the state.
Thursday, 15.--My delegates at Springfield continued to prosecute my discharge. On the 16th, Brother Hyrum received his discharge in case of bankruptcy; every arrangement was made with Mr. Butterfield, whereby I was equally entitled to a discharge, but was put off with a plea that he must write to the office at Washington before it could be granted.
Saturday, 17.--
Governor Ford to Joseph Smith--on the Missouri Requisition.
SPRINGFIELD, December 17, 1842.
DEAR SIR:--Your petition requesting me to rescind Governor Carlin's proclamation and recall the writ issued against you has been received and duly considered. I submitted your case and all the papers relating thereto to the judges of the Supreme Court, or at least to six of them who happened to be present. They were unanimous in the opinion that the requisition from Missouri was illegal and insufficient to cause your arrest, but were equally divided as to the propriety and justice of my interference with the acts of Governor Carlin. It being, therefore, a case of great doubt as to my power, and I not wishing, even in an official station, to assume the exercise of doubtful powers, and inasmuch as you have a sure and effectual remedy in the {206} courts, I have decided to decline interfering. I can only advise that you submit to the laws and have a judicial investigation of your rights. If it should become necessary, for this purpose, to repair to Springfield, I do not believe that there will be any disposition to use illegal violence towards you; and I would feel it my duty in your case, as in the case of any other person, to protect you with any necessary amount of force from mob violence whilst asserting your rights before the courts, going to and returning.
I am most respectfully yours,
THOMAS FORD.
Letter of Justin Butterfield--Opinion on Governor Ford's Action.
SPRINGFIELD, December 17, 1842.
Joseph Smith, Esq.
DEAR SIR:--I have heard the letter read which Governor Ford has written to you, and his statements are correct in relation to the opinion of the judges of the Supreme Court. The judges were unanimously of the opinion that you would be entitled to your discharge under a habeas corpus to be issued by the Supreme Court, but felt some delicacy in advising Governor Ford to revoke the order issued by Governor Carlin. My advice is, that you come here without delay, and you do not run the least risk of not being protected while here, and of being discharged by the Supreme Court by habeas corpus. I have also the right to bring the case before the U. S. Court, now in session here; and there you are certain of obtaining your discharge. I will stand by you, and see you safely delivered from your arrest.
Yours truly,
J. BUTTERFIELD.
Letter from James Adams, Advising the Prophet to Appear for Trial.
CITY OF SPRINGFIELD, December 17, 1842.
General J. Smith.
MY SON:--It is useless for me to detail facts that the bearer can tell. But I will say that it appears to my judgment that you had best make no delay in coming before the court at this place for a discharge under a habeas corpus.
I am, &c.,
J. ADAMS.
On receiving the foregoing letters, and Dr. Richards having entered for the copyright of a map of the city of Nauvoo for Joseph Smith, in the clerk's office of the {207} District of Illinois, the brethren left Springfield for Nauvoo.
Tuesday, 20.--Chopping and drawing wood with my own hands and team, as I had done mostly since the 9th. President Young continued very sick. This afternoon the brethren arrived from Springfield and presented me with Messrs. Ford, Butterfield and Adams' letters, and general history of their proceedings, which was highly satisfactory.
[Sidenote: The First Elder to Die in a Foreign Land.]
Elder Lorenzo D. Barnes died this morning at a quarter past three o'clock, at Bradford, England. He is the first Elder who has fallen in a foreign land in these last days. He had been long connected with the Church, and had been distinguished, both in his native land and in Great Britain, for his piety, and virtue. Read correspondence between Dr. Richards and General James Arlington Bennett, and read German with Elder Orson Hyde. Brother Shearer inquired the meaning of the "little leaven which a woman hid in three measures of meal." I replied, it alluded expressly to the last days, when there should be but little faith on the earth, and it should leaven the whole world; also there shall be safety in Zion and Jerusalem, and in the remnants whom the Lord our God shall call. The three measures refer directly to the Priesthood, truth springing up on a fixed principle, to the three in the Grand Presidency, confining the oracles to a certain head on the principle of three.
Friday, 23.--Wrote R. M. Young, Esq., U. S. Senator from Illinois, Washington City, that I would accept the proposals of John C. Walsh, and give him $2,500 for the north-west quarter of section 8, 6 north, 8 west, said land lying between my farm and the city.
Saturday, 24.--At home afternoon. Read and revised my history with Secretary Richards, and walked with him to see Sister Lyon, who was sick. Her babe died a few minutes before our arrival. From there we went to {208} Brother Sabine's to compute expense money for our journey to Springfield, having just borrowed $100 for that purpose. While there, Brother Richards asked if I wanted a wicked man to pray for me? I replied, Yes; if the fervent, affectionate prayer of the righteous man availeth much, a wicked man may avail a little when praying for a righteous man. There is none good but one. The better a man is, the more his prayer will avail. Like the publican and the Pharisee, one was justified rather than the other, showing that both were justified in a degree. The prayer of a wicked man may do a righteous man good, when it does the one who prays no good.
Sunday, 25.--I wrote to Orrin Wright, Jun., Philadelphia.
The Manchester, (England) conference met, numbering 1,507 members including thirty-three Elders, eighty-seven Priests, fifty-three Teachers, and nineteen Deacons under the presidency of Elder Thomas Ward.
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