← History of the Church of Jesus Christ of Latter-day Saints, Volume 5

Chapter XII…

Part 4 of 7 · Church of Jesus Christ of Latter-day Saints, Smith, Joseph, Jr. · Public domain text

About this edition

Source: Project Gutenberg e-text #60736, public domain in the United States · text not rewritten or summarized · How RedLectern is built

 

Contents (54)
  1. Opening under 1 min
  2. Introduction under 1 min
  3. Chapter I under 1 min
  4. Chapter II about 1 min
  5. Chapter III under 1 min
  6. Chapter IV about 1 min
  7. Chapter V about 1 min
  8. Chapter VI about 1 min
  9. Chapter VII under 1 min
  10. Chapter VIII under 1 min
  11. Chapter IX under 1 min
  12. Chapter X about 1 min
  13. Chapter XII about 1 min
  14. Chapter XIII under 1 min
  15. Chapter XIV under 1 min
  16. Chapter XV under 1 min
  17. Chapter XVI about 1 min
  18. Chapter XVII under 1 min
  19. Chapter XVIII under 1 min
  20. Chapter XIX about 1 min
  21. Chapter XXI under 1 min
  22. Chapter XXII under 1 min
  23. Chapter XXIII about 1 min
  24. Chapter XXV under 1 min
  25. Chapter XXVI about 1 min
  26. Chapter XXVIII about 1 h 2 min
  27. Chapter I about 23 min
  28. Chapter II about 54 min
  29. Chapter III about 27 min
  30. Chapter IV about 42 min
  31. Chapter V about 37 min
  32. Chapter VI about 32 min
  33. Chapter VII about 22 min
  34. Chapter VIII about 35 min
  35. Chapter IX about 33 min
  36. Chapter X about 22 min
  37. Chapter XI about 24 min
  38. Chapter XII about 1 h 1 min
  39. Chapter XIII about 29 min
  40. Chapter XIV about 25 min
  41. Chapter XV about 25 min
  42. Chapter XVI about 40 min
  43. Chapter XVII about 55 min
  44. Chapter XVIII about 22 min
  45. Chapter XIX about 42 min
  46. Chapter XX about 23 min
  47. Chapter XXI about 27 min
  48. Chapter XXII about 22 min
  49. Chapter XXIII about 47 min
  50. Chapter XXIV about 28 min
  51. Chapter XXV about 38 min
  52. Chapter XXVI about 21 min
  53. Chapter XXVII about 33 min
  54. Chapter XXVIII about 1 h 4 min

Continue:

Chapter XII

THE PROPHET AT SPRINGFIELD, ILLINOIS--HIS CONVERSATIONS AND INTERVIEWS--PROCEEDINGS ON WRIT OF HABEAS CORPUS BEFORE JUDGE POPE--RELEASE OF THE PROPHET BY ORDER OF THE COURT AND THE EXECUTIVE ORDER OF GOVERNOR FORD--OFFICIAL PAPERS IN THE CASE.

[Sidenote: Second Arrest of the Prophet on the Boggs Affair.]

Monday, December 26, 1842.--In the morning, held court, and I was afterwards arrested by General Wilson Law, on the proclamation of Governor Carlin, and Elders Henry G. Sherwood; and William Clayton went to Carthage to obtain a writ of habeas corpus to take me before the court at Springfield. General Law gave me into the custody of Dr. Richards, with whom I visited Sister Morey, who was severely afflicted. We prescribed lobelia for her, among other things, which is excellent in its place. I have learned the value of it by my own experience. It is one of the works of God, but, like the power of God, or any other good, it becomes an evil when improperly used. Brother Morey gave me a walking stick, the body of which was from the tooth of the sperm whale, and the top of whale ivory, with an interstice of mahogany. On my return home, I found my wife Emma sick. She was delivered of a son, which did not survive its birth.

The Herefordshire conference (England) under the presidency of Elder William Kay, met at Colwall, numbering eight hundred and forty-four members, including twenty elders, fifty-three priests, twenty-two teachers, and ten deacons.

[Sidenote: The Prophet's Start for Springfield.]

Tuesday, 27.--At nine in the morning, started in custody of Wilson Law for Springfield, in company with Hyrum {210} Smith, Willard Richards, John Taylor, William Marks, Levi Moffit, Peter Haws, Lorin Walker and Orson Hyde. On our way to Carthage, we met William Clayton and Henry G. Sherwood, who had obtained an order for a writ of habeas corpus from the master in chancery, as no writ could issue, the clerk of court having been elected to the State Senate.

[Sidenote: The Prophet's Dream.]

There was considerable snow, and the traveling heavy; but we arrived at my Brother Samuel's, in Plymouth, a little after sunset, and we were soon joined by Edward Hunter, Theodore Turley, Dr. Tate, and Shadrach Roundy. I supped with Brother William Smith's family, who lived under the same roof, slept with Dr. Willard Richards on a buffalo skin spread upon the floor, and dreamed that I was by a beautiful stream of water and saw a noble fish, which I threw out. Soon after, I saw a number more, and threw them out. I afterwards saw a multitude of fish, and threw out a great abundance, and sent for salt and salted them.

Wednesday, 28.--The morning was wet. We started about eight o'clock, and arrived at Mr. Stevenson's tavern, in Rushville, at three in the afternoon, about twenty miles. Brother William's wife, who was sick, went with us, accompanied by Sister Durphy, who went with us from Nauvoo to take care of her. I spent a part of the evening with Mr. Uriah Brown and family and a part of my company. In conversation respecting the repeal of charters, I told them that to touch the Nauvoo Charter was no better than highway robbery; and that I never would consent to lowering our charter, but they might bring other chapters up to it. On my return to the tavern, the brethren took my height, which was six feet, and my Brother Hyrum's the same.

Thursday, 29.--Started early; crossed the Illinois river at eleven, and arrived at Captain Dutche's before five in the evening, about thirty-two miles: the weather extremely cold. General Law asked why the sun was called by a {211} masculine name and the moon by a feminine one. I replied that the root of masculine is stronger, and of feminine weaker. The sun is a governing planet to certain planets, while the moon borrows her light from the sun, and is less or weaker.

Let the government of Missouri redress the wrongs she has done to the Saints, or let the curse follow them from generation to generation until they do.

[Sidenote: A Missouri Reminiscence.]

When I was going up to Missouri, in company with Elder Rigdon and our families, on an extreme cold day, to go forward was fourteen miles to a house, and backward nearly as far. We applied to all the taverns for admission in vain: we were "Mormons," and could not be received. Such was the extreme cold that in one hour we must have perished. We pleaded for our women and children in vain. We counseled together, and the brethren agreed to stand by me, and we concluded that we might as well die fighting as to freeze to death.

I went into a tavern and pleaded our cause to get admission. The landlord said he could not keep us for love or money. I told him we must and would stay, let the consequence be what it might; for we must stay or perish. The landlord replied, "We have heard the Mormons are very bad people; and the inhabitants of Paris have combined not to have anything to do with them, or you might stay." I said to him, "We will stay; but no thanks to you. I have men enough to take the town; and if we must freeze, we will freeze by the burning of these houses." The taverns were then opened, and we were accommodated, and received many apologies in the morning from the inhabitants for their abusive treatment.

[Sidenote: The Prophet Meets Justin Butterfield et al.]

Friday, 30.--Started at eight this morning, and arrived at Judge Adams', in Springfield, at half past two o'clock in the afternoon, where I saw Justin Butterfield, Esq., United States district attorney, who told me that Judge Pope had continued the {212} court two or three days on account of my case, and would close on the morrow, and that he should try my case on its merits, and not on any technicality.

Sheriff Pitman, of Adams county, was in the place, but would not say whether he had the original writ which had previously been demanded of the officers of Adams county, King and Pitman. I gave Mr. Butterfield a general history of my Missouri persecution, and it was agreed by him that I should be arrested on the writ. Had an interview with my Brother, William Smith, who was a member of the Legislature at the time, and spent the evening with Judge Adams and the brethren from Nauvoo. We all lodged at Judge Adams'.

[Sidenote: The Reign of Christ on Earth Expounded.]

While in conversation at Judge Adams' during the evening, I said, Christ and the resurrected Saints will reign over the earth during the thousand years. They will not probably dwell upon the earth, but will visit it when they please or when it is necessary to govern it. There will be wicked men on the earth during the thousand years. The heathen nations who will not come up to worship will be visited with the judgments of God, and must eventually be destroyed from the earth.

[Sidenote: The Prophet's Trial Before Judge Pope.]

Saturday, 31.--At nine in the morning, Mr. Butterfield called and informed me that King had the original writ, and I signed a petition to Governor Ford to issue a new writ, that my case may be tried thereon, as well as on the proclamation. My petition was granted, and at eleven o'clock I was arrested thereon by a deputy, Mr. Maxey, in presence of Mr. Butterfield, my attorney, who immediately wrote a petition to Judge Pope for a writ of habeas corpus, which I signed, and at half-past eleven in the morning went before Judge Pope.

Mr. Butterfield read my petition, and stated that the writ and warrant were different from the requisition of the governor of Missouri. He then read Governor Ford's {213} warrant, Watson's affidavit; Governor Reynolds' requisition on the governor of Illinois, and the proclamation of Governor Carlin, showing that Reynolds had made a false statement, as nothing appeared in the affidavits to show that Smith was in Missouri. He also stated that all the authority for transportation of persons from one state to another rests on the Constitution and the law of Congress. We ask for habeas corpus because the papers are false, and because that we can prove that Joseph Smith was in this state at the time of the commission of the crime.

The writ was granted, returned, and served in one minute, and I walked up to the bar. Mr. Butterfield read the habeas corpus, and moved the court to take bail till I could have a hearing,--which was granted; and although it was only a case of misdemeanor, Generals James Adams and Wilson Law were bailed for me in the sum of $2,000 each, and Monday was set for trial.

[Sidenote: A Disturbance Threatened.]

The court-room was crowded; and, on our returning, as General Law came to the top of the stairs, one of the crowd observed, "There goes Smith the Prophet, and a good looking man he is;" "And [said another] as damned a rascal as ever lived." Hyrum replied, "And a good many ditto." "Yes, [said the man,] ditto, ditto, G-- d-- you; and every one that takes his part is as damned a rascal as he is."

When at the foot of the stairs, General Law said, "I am the man, and I'll take his part." Said the man, "You are a damned rascal too." "You are a lying scoundrel," replied Law; and the man began to strip off his clothes and ran out in the street, cursing and swearing, and raising a tumult, when Mr. Prentice, the marshal, interfered, and with great exertions quelled the mob. Much credit is due Mr. Prentice for his zeal to keep the peace.

[Sidenote: The Prophet's Interview with Governor Ford.]

When the rowdies had dispersed, I went with Mr. Butterfield and Dr. Richards to see Governor Ford, who was sick. He told me he had a requisition from the governor for a renewal of persecution {214} in the old case of treason against Missouri; but he happened to know that it was all dead. We dined with Mr. Butterfield at the American House, where the governor quartered, after which we returned to the general's room. In course of conversation he remarked he was no religionist. I told him I had no creed to circumscribe my mind; therefore the people did not like me. "Well, [said the general,] from reports, we had reason to think the Mormons were a peculiar people, different from other people, having horns or something of the kind; but I find they look like other people: indeed, I think Mr. Smith a very good-looking man."

At two in the afternoon, I returned to Judge Adams', and appointed Elders Hyde and Taylor to preach in the Representatives' Hall on the morrow.

[Sidenote: A Discussion with Judge Douglas.]

Judge Douglas stated that it was possible to revoke political charters, but not company charters. I argued that if a legislature has power to grant a charter for ten years, it has no power to revoke it until the expiration thereof. The same principle will hold good for twenty or one hundred years, and also for a perpetual charter: it cannot be revoked in time.

[Sidenote: The Brewster Movement.]

John Darby came in and said he was going to California with Brewster. I told him I would say, as the Prophet said to Hezekiah, "Go, and prosper; but ye shall not return in peace." Brewster may set out for California, but he will not get there unless somebody shall pick him up by the way, feed him and help him along. Brewster showed me the manuscript he had been writing. I inquired of the Lord, and the Lord told me the book was not true--it was not of Him. If God ever called me, or spake by my mouth, or gave me a revelation, he never gave revelations to that Brewster boy [A] or any of the Brewster race.

[Footnote A: James Collins Brewster, the person mentioned by the Prophet in the text, was a boy about sixteen years of age, having been born as nearly as may be ascertained, in the year 1827. He claimed several years previous to this time to have had revelations while in Kirtland, by which he translated the so-called "Book of Esdras" which in some way, not altogether clear, was interpreted to be a guide for the Latter-day Saints. He succeeded in converting his parents and a small number of people to the genuineness of his prophetic powers and gift of translation; and was now contemplating a removal of those who believed in him to California. After the death of the Prophet, in connection with one Hazen Aldridch, he succeeded in holding together a following for a few years, but in the end the Brewster-Aldridch movement was a flat failure, and the organization ceased to exist.]

{215} This afternoon, a team ran away, and went past the State House, when the hue-and-cry was raised, "Joe Smith is running away!" which produced great excitement and a sudden adjournment of the House of Representatives.

[Sidenote: Chief Distinction between the Saints and Sectarians.]

Sunday morning, January 1, 1843.--The speaker of the House of Representatives called on me to say we might have the hall for preaching this day. Had a pleasant interview with Mr. Butterfield, Judge Douglas, Senator Gillespie, and others. In reply to Mr. Butterfield, I stated that the most prominent difference in sentiment between the Latter-day Saints and sectarians was, that the latter were all circumscribed by some peculiar creed, which deprived its members the privilege of believing anything not contained therein, whereas the Latter-day Saints have no creed, but are ready to believe all true principles that exist, as they are made manifest from time to time.

At the suggestion of the company, I explained the nature of a prophet.

[Sidenote: A Prophet Defined.]

If any person should ask me if I were a prophet, I should not deny it, as that would give me the lie; for, according to John, the testimony of Jesus is the spirit of prophecy; therefore if I profess to be a witness or teacher, and have not the spirit of prophecy, which is the testimony of Jesus, I must be a false witness; but if I be a true teacher and witness, I must possess the spirit of prophecy, and that constitutes a prophet; and any man who says he is a teacher or preacher of righteousness, and denies the spirit of prophecy, is a liar, {216} and the truth is not in him; and by this key false teachers and imposters may be detected.

At half-past eleven a. m., we repaired to the Representatives' Hall, where Elder Orson Hyde read the hymn "Rejoice ye Saints of Latter Days." Elder Taylor followed in prayer. The Saints then sang "The Spirit of God like a fire is burning." Elder Hyde then preached from the 3rd chapter of Malachi. Most of the members of the Legislature and the various departments of the state were in attendance.

[Sidenote: Mormon Service at Springfield.]

I dined with Judge Adams at one p.m., and at half-past two returned to the hall, and heard Elder Taylor preach from Revelation 14th chapter, 6th and 7th verses on the first principles of the Gospel. There was a respectable congregation, who listened with good attention, notwithstanding the great anxiety to "see the Prophet."

I supped at Brother Bowman's, where I saw Sister Lucy Stringham (who was one of the first fruits of the Church at Colesville, New York,) and many more of the Saints. At seven I returned to Judge Adams'.

[Sidenote: A Prophecy.]

Monday, 2.--After breakfasting with Judge Adams, I prophesied, in the name of the Lord, that I should not go to Missouri dead or alive. At half-past nine a. m., repaired to the court-room; and at ten, Judge Pope took his seat on the bench, accompanied by several ladies.

My case was called up, when Mr. Lamborn, the attorney-general of Illinois, requested the case to be continued till the next day, and Wednesday morning was set for my trial. My attorney, Mr. Butterfield, filed some objections to points referred to in the habeas corpus, and, half-past ten, I repaired to the Senate lobby, and had conversation with several gentlemen. Dined at the American House. As we rose from table, Judge Brown invited me to his room, and informed me he was about publishing a history of Illinois, and wished me to furnish a history of the rise {217} and progress of the Church of Latter-day Saints to add to it.

[Sidenote: General Sentiment of the Prophet's Innocence.]

At half-past one p. m. returned to General Adams. A gentleman from St. Louis told General Law that the general impression was that Smith was innocent, and it would be a kind of murder to give him up--that "he ought to be whipped a little and let go." It was evident that prejudice was giving way in the public mind.

At four, Mr. Lamborn, Mr. Prentice, the marshal, and some half dozen others called to see me. The marshal said it was the first time during his administration that the ladies had attended court on a trial. A peculiarly pleasant and conciliatory feeling prevailed in the company, and the marshal invited me to a family dinner, when I should be freed.

[Sidenote: The Prophet's View of the Negro Race.]

At five went to Mr. Sollars' with Elders Hyde and Richards. Elder Hyde inquired the situation of the negro. I replied, they came into the world slaves mentally and physically. Change their situation with the whites, and they would be like them. They have souls, and are subjects of salvation. Go into Cincinnati or any city, and find an educated negro, who rides in his carriage, and you will see a man who has risen by the powers of his own mind to his exalted state of respectability. The slaves in Washington are more refined than many in high places, and the black boys will take the shine off many of those they brush and wait on.

Elder Hyde remarked, "Put them on the level, and they will rise above me." I replied, if I raised you to be my equal, and then attempted to oppress you, would you not be indignant and try to rise above me, as did Oliver Cowdery, Peter Whitmer, and many others, who said I was a fallen Prophet, and they were capable of leading the people, although I never attempted to oppress them, but had always been lifting them up? Had I anything to do with {218} the negro, I would confine them by strict law to their own species, and put them on a national equalization.

[Sidenote: The World's Lack of Faith.]

Because faith is wanting, the fruits are. No man since the world was had faith without having something along with it. The ancients quenched the violence of fire, escaped the edge of the sword, women received their dead, &c. By faith the worlds were made. A man who has none of the gifts has no faith; and he deceives himself, if he supposes he has. Faith has been wanting, not only among the heathen, but in professed Christendom also, so that tongues, healings, prophecy, and prophets and apostles, and all the gifts and blessings have been wanting.

[Sidenote: The Meekness of a Prophet.]

Some of the company thought I was not a very meek Prophet; so I told them: "I am meek and lowly in heart," and will personify Jesus for a moment, to illustrate the principle, and cried out with a loud voice, "Woe unto you, ye doctors; woe unto you, ye lawyers; woe unto you, ye scribes, Pharisees, and hypocrites!" &c. But you cannot find the place where I ever went that I found fault with their food, their drink, their house, their lodgings; no, never; and this is what is meant by the meekness and lowliness of Jesus.

[Sidenote: A Sample of Folly.]

Mr. Sollars stated that James Mullone, of Springfield, told him as follows:--"I have been to Nauvoo, and seen Joe Smith, the Prophet: he had a gray horse, and I asked him where he got it; and Joe said, "You see that white cloud." "Yes." "Well, as it came along, I got the horse from that cloud." This is a fair specimen of the ten thousand foolish lies circulated by this generation to bring the truth and its advocates into disrepute.

[Sidenote: The Prophet's Illustration.]

What is it that inspires professors of Christianity generally with a hope of salvation? It is that smooth, sophisticated influence of the devil, by which he deceives the whole world. But, said Mr. Sollars, "May I not repent and be baptized, and not pay any attention {219} to dreams, visions, and other gifts of the Spirit?" I replied: "Suppose I am traveling and am hungry, and meet with a man and tell him I am hungry, and he tells me to go yonder, there is a house of entertainment, go and knock, and you must conform to all the rules of the house, or you cannot satisfy your hunger; knock, call for food, sit down and eat;--and I go and knock, and ask for food, and sit down to the table, but do not eat, shall I satisfy my hunger? No. I must eat. The gifts are the food; and the graces of the Spirit are the gifts of the Spirit. When I first commenced this work, and had got two or three individuals to believe, I went about thirty miles with Oliver Cowdery, to see them. We had only one horse between us. When we arrived, a mob of about one hundred men came upon us before we had time to eat, and chased us all night; and we arrived back again a little after daylight, having traveled about sixty miles in all, and without food. I have often traveled all night to see the brethren; and, when traveling to preach the Gospel among strangers, have frequently been turned away without food."

Thus the evening was spent in conversation and teaching, and closed by singing and prayer, when we parted, and Elders Hyde, Richards and myself lay down upon a bed on the floor, and enjoyed refreshing rest till morning.

[Sidenote: Conversations with Prominent Men.]

Tuesday, 3.--After breakfast, called on Sister Crane, and blessed her little baby, Joseph Smith Crane, and returned to Judge Adams', where we conversed with Messrs. Trobridge, Jonas, Browning, and others, on my old Missouri case of treason. At half-past nine, went to the court-room, and had conversation with Messrs. Butterfield, Owen, Pope, Prentice, and others.

At twelve, returned and spent the afternoon at Judge Adams'. At dusk, the marshal called with subpoenas for my witnesses. Spent the evening with the brethren at Judge Adams' in a very social manner, and prophesied in {220} the name of the Lord that no very formidable opposition would be raised at my trial on the morrow. Slept on a sofa as usual while at Springfield.

[Sidenote: Procedure of Trial.]

Wednesday, 4.--At nine o'clock a. m., repaired to the court-room, Judge Pope on the bench, and ten ladies by his side, when Josiah Lamborn, attorney-general of the state of Illinois, appeared and moved to dismiss the proceedings, and filed the following objections to the jurisdiction of the court,--viz.:

Objection of Jurisdiction.

1. The arrest and the detention of Smith was not under or by color of authority of the United States, or of any officer of the United States, but under and by color of authority of the State of Illinois, by the officers of Illinois.

2. When a fugitive from justice is arrested by authority of the governor of any state upon the requisition of the governor of another state, the courts of justice, neither state nor federal, have any authority or jurisdiction to enquire into any facts behind the writ.

My counsel then offered to read, in evidence, affidavits of several persons, showing conclusively that I was at Nauvoo, in the county of Hancock, and state of Illinois on the whole of the 6th and 7th days of May, in the year 1842, and on the evenings of those days more than three hundred miles distant from Jackson county, in the state of Missouri, where it is alleged that the said Boggs was shot; and that I had not been in the state of Missouri at any time between the 10th day of February and the 1st day of July, 1842, the said persons having been with me during the whole of that period. That on the 6th day of May aforesaid, I attended an officer's drill at Nauvoo aforesaid, in the presence of a large number of people; and on the 7th day of May aforesaid I reviewed the Nauvoo Legion in presence of many thousand people.

The reading of these affidavits was objected to by the attorney-general of the state of Illinois, on the grounds that it was not competent for Smith to impeach or contradict {221} the return of the habeas corpus. It was contended by my counsel, 1st, that I had a right to prove that the return was untrue. 2nd, that the said affidavits did not contradict the said return, as there was no averment under the oath in said return that I was in Missouri at the time of the commission of the alleged crime, or had fled from the justice of that state. The court decided that the said affidavits should be read in evidence, subject to all objections; and they were read accordingly, all of which will appear on my discharge. B. S. Edwards, Esq., opened the defense in an animated speech, and made some very pathetic allusions to our sufferings in Missouri, followed by Mr. Butterfield, who made the following points:--

Summary of Counsel Butterfield's Argument.

1. This court has jurisdiction. The requisition purports on its face to be made, and the warrant to be issued, under the constitution and laws of the United States regulating the surrender of fugitives from justice, 2nd sec., 4th article Constitution of the United States, 1st sec. of the Act of Congress of 12th Feb., 1793. When a person's rights are invaded under a law of the United States, he has no remedy except in the courts of the United States, 2nd sec., 3rd article Constitution United States, 12th Wendall, 325--16 Peters, 543.

The whole power in relation to the delivering up of fugitives from justice and labor has been delegated to the United States, and Congress has regulated the manner and form in which it shall be exercised. The power is exclusive. The State Legislatures have no right to interfere; and if they do, their acts are void, 2nd and 3rd clause of 2nd sec., 4th article Constitution United States, 2nd vol. Laws United States 331--16 Peters, 617, 618, 623; 4th Wheaton's Reports, 122, 193-12; Wendall, 312.

All courts of the United States are authorized to issue writs of habeas corpus when the prisoner is confined under or by color of authority of the United States, Act of Congress of Sept. 24th, 1789, sec. 14; 2nd Condensed 33; 3rd Cranch, 447; 3rd Peters, 193.

2. The return to the habeas corpus is not certain and sufficient to warrant the arrest and transportation of Smith. In all cases on habeas corpus previous to indictment, the court will look into the depositions before the magistrate; and though the commitment be full and in form, yet, if the testimony prove no crime, the court will discharge ex-parte; {222} Taylor 5th; Cowen 50. The affidavit of Boggs does not show that Smith was charged with any crime committed by him in Mo., nor that he was a fugitive from justice. If the commitment be for a matter for which by law the prisoner is not liable to be punished, the court must discharge him; 3rd Bacon, 434. The executive of this state has no jurisdiction over the person of Smith to transport him to Missouri, unless he has fled from that state.

3. The prisoner has a right to prove facts not repugnant to the return, and even to go behind the return and contradict it, unless committed under a judgment of a court of competent jurisdiction; 3rd Bacon, 435, 438; 3rd Peters, 202; Gale's revised laws of Illinois, 323. The testimony introduced by Smith at the hearing, showing conclusively that he was not a fugitive from justice, is not repugnant to the return.

J. Lamborn, attorney-general of the state of Illinois, in support of the points made by him, cited 2nd Condensed Reports, 37; Gordon's Digest, 73; Gale's Statutes of Illinois, 318; Conkling, 85; 9th Wendall, 212.

[Sidenote: The Plea of Mr. Butterfield.]

In the course of his plea, Mr. Butterfield showed that Governor Reynolds had subscribed to a lie in his demand for me, as will appear in the papers, [published in this chapter]; and said that Governor Carlin would not have given up his dog on such a requisition. That an attempt should be made to deliver up a man who has never been out of the state, strikes at all the liberty of our institutions. His fate today may be yours tomorrow. I do not think the defendant ought, under any circumstances, to be given up to Missouri. It is a matter of history that he and his people have been murdered or driven from the state. If he goes there, it is only to be murdered, and he had better be sent to the gallows. He is an innocent and unoffending man. If there is a difference between him and other men, it is that this people believe in prophecy, and others do not; the old prophets prophesied in poetry and the modern in prose.

Esquire Butterfield managed the case very judiciously. The court-room was crowded during the whole trial; the utmost decorum and good feeling prevailed, and much prejudice was allayed. Esquire Lamborn was not severe, {223} apparently saying little more than his relation to the case demanded.

[Sidenote: The Treatment of the Prophet at Springfield.]

Court adjourned till tomorrow nine a. m., for the making up of opinion. After an introduction to several persons, I retired to Judge Adams', and after dinner spent some time in conversation with Brother Hyrum and Theodore Turley. At half-past five o'clock I rode in Mr. Prentice's carriage to his house, accompanied by General Law and Elder Orson Hyde, where I had a very interesting visit with Mr. Prentice and family, Judge Douglas, Esquires Butterfield, Lamborn and Edwards, Judge Pope's son, and many others; partook of a splendid supper; there were many interesting anecdotes, and everything to render the repast and visit agreeable; and returned to Judge Adams' about eleven o'clock.

Thursday, 5.--At nine a. m., repaired to the courtroom, which was crowded with spectators anxious to "behold the Prophet," and hear the decision of Judge Pope, who soon took his seat, accompanied by half-a-dozen ladies, and gave the following:

Opinion of Judge Pope.

The importance of this case, and the consequences which may flow from an erroneous precedent, affecting the lives and liberties of our citizens, have impelled the court to bestow upon it the most anxious consideration. The able arguments of the counsel for the respective parties have been of great assistance in the examination of the important question arising in this cause.

When the patriots and wise men who framed our Constitution were in anxious deliberation to form a perfect union among the states of the confederacy, two great sources of discord presented themselves to their consideration--the commerce between the states and fugitives from justice and labor.

The border collisions in other countries have been seen to be a fruitful source of war and bloodshed, and most wisely did the constitution confer upon the national government the regulation of those matters, because of its exemption from the excited passions awakened by conflicts between neighboring states, and its ability alone to adopt a uniform {224} rule, and establish uniform laws among all the states in those cases.

This case presents the important question arising under the Constitution and laws of the United States, whether a citizen of the state of Illinois can be transported from his own state to the state of Missouri, to be there tried for a crime, which, if he ever committed, was committed in the state of Illinois; whether he can be transported to Missouri, as a fugitive from justice, when he has never fled from that state.

Joseph Smith is before the court on habeas corpus, directed to the sheriff of Sangamon county, state of Illinois. The return shows that he is in custody under a warrant from the executive of Illinois, professedly issued in pursuance of the Constitution and laws of the United States and of the state of Illinois, ordering said Smith to be delivered to the agent of the executive of Missouri, who had demanded him as a fugitive from justice, under the 2nd section, 4th article of the Constitution of the United States, and the act of Congress passed to carry into effect that article.

The article is in these words, viz.:--"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 crime."

The act of Congress made to carry into effect this article directs that the demand be made on the executive of the state where the offender is found, and prescribes the proof to support the demand,--viz., indictment or affidavit.

The court deemed it respectful to inform the governor and attorney-general of the state of Illinois of the action upon the habeas corpus. On the day appointed for the hearing, the attorney-general for the state of Illinois appeared and denied the jurisdiction of the court to grant the habeas corpus. 1st. Because the warrant was not issued under color or by authority of the United States, but by the state of Illinois. 2nd. Because no habeas corpus can issue in this case from either the Federal or State Courts to inquire into facts behind the writ.

In support of the first point, a law of Illinois was read, declaring that whenever the executive of any other state shall demand of the executive of this state any person as a fugitive from justice, and shall have complied with the requisition of the act of Congress in that case made and provided, it shall be the duty of the executive of this state to issue his warrant to apprehend the said fugitive, &c. It would seem that this act does not purport to confer any additional power upon the executive of this state independent of the power conferred by the Constitution and laws of the United States, but to make it the duty of the executive to obey and carry into effect the act of Congress.

{225} The warrant on its face purports to be issued in pursuance of the Constitution and laws of the United States, as well as of the state of Illinois. To maintain the position that this warrant was not issued under color or by authority of the laws of the United States, it must be proved that the United States could not confer the power on the executive of Illinois; because if Congress could and did confer it, no act of Illinois could take it away, for the reason that the Constitution and laws of the United States, passed in pursuance of it, and treaties, are the supreme law of the land, and the judges in every state shall be bound thereby, anything in the Constitution or laws of any state to the contrary notwithstanding. This is enough to dispose of that point.

If the Legislature of Illinois, as is probable, intended to make it the duty of the governor to exercise the power granted by Congress, and no more, the executive would be acting by authority of the United States. It may be that the Legislature of Illinois, appreciating the importance of the proper execution of those laws, and doubting whether the governor could be punished for refusing to carry them into effect, deemed it prudent to impose it as a duty, the neglect of which would expose him to impeachment. If it intended more, the law is unconstitutional and void--16 Peters, 617 Prigg versus Pennsylvania.

In supporting the second point, the attorney-general seemed to urge that there was greater sanctity in a warrant issued by the governor than by an inferior officer. The court cannot assent to this distinction.

This is a government of laws, which prescribes a rule of action as obligatory upon the governor as upon the most obscure officer. The character and purposes of the habeas corpus are greatly misunderstood by those who suppose that it does not review the acts of an executive functionary. All who are familiar with English history must know that it was extorted from an arbitrary monarch, and that it was hailed as a second Magna Charta; and that it was to protect the subject from arbitrary imprisonment by the king and his minions, which brought into existence that great palladium of liberty in the latter part of the reign of Charles the Second. It was indeed a magnificent achievement over arbitrary power. Magna Charta established the principles of liberty--the habeas corpus protected them. It matters not how great or obscure the prisoner, how great or obscure the prison-keeper, this munificent writ, wielded by an independent judge, reaches all. It penetrates alike the royal towers and the local prisons, from the garret to the secret recesses of the dungeon. All doors fly open at its command, and the shackles fall from the limbs of prisoners of state as readily as from those committed by subordinate officers. The warrant of the king and his secretary of state could claim no more exemption from that searching inquiry, "The cause of his caption and detention," than a warrant {226} granted by a justice of the peace. It is contended that the United States is a government of granted powers, and that no department of it can exercise powers not granted. This is true. But the grant is to be found in the second section of the third article of the Constitution of United States:--"The judicial power shall extend to all cases in law or equity arising under this Constitution, the laws of the United States, and treaties made, and which shall be made under their authority."

The matter under consideration presents a case arising under the 2nd section, 4th article of the Constitution of the United States; and the act of Congress of February 12th, 1793, to carry it into effect. The judiciary act of 1789 confers on this court (indeed on all the courts of the United States,) power to issue the writ of habeas corpus, when a person is confined, "under color of, or by the authority of the United States." Smith is in custody under color of, and by authority of the 2nd section, 4th article of the Constitution of the United States. As to the instrument employed or authorized to carry into effect that article of the Constitution, (as he derives from it the authority to issue the warrant,) he must be regarded as acting by the authority of the United States. The power is not officially in the governor, but personal. It might have been granted to any one else by name, but considerations of convenience and policy recommended the selection of the executive who never dies. The citizens of the states are citizens of the United States; hence the United States are as much bound to afford them protection in their sphere as the states are in theirs.

This court has jurisdiction. Whether the state courts have jurisdiction or not, this court is not called upon to decide. The return of the sheriff shows that he has arrested and now holds in custody Joseph Smith, in virtue of a warrant issued by the Governor of Illinois, under the 2nd section of the 4th article of the Constitution of the United States, relative to fugitives from justice, and the act of Congress passed to carry it into effect. The article of the Constitution does not designate the person upon whom the demand for the fugitive shall be made, nor does it prescribe the proof upon which he shall act. But Congress has done so. The proof is "an indictment or affidavit," to be certified by the governor demanding. The return brings before the court the warrant, the demand and affidavit. The material part of the latter is in these words, viz.--

"Lilburn W. Boggs, who being duly sworn, doth depose and say that on the night of the 6th day of May, 1842, while sitting in his dwelling, in the town of Independence, in the county of Jackson, he was shot with intent to kill; and that his life was despaired of for several days; and that he believes, and has good reason to believe from evidence and information now in his possession, that Joseph Smith, commonly called the "Mormon Prophet," was accessory before the fact of the intended {227} murder, and that the said Joseph Smith is a citizen or resident of the state of Illinois."

This affidavit is certified by the governor of Missouri to be authentic. The affidavit being thus verified, furnished the only evidence upon which the governor of Illinois could act. Smith presented affidavits proving that he was not in Missouri at the date of the shooting of Boggs.

This testimony was objected to by the attorney-general of Illinois, on the ground that the court could not look behind the return. The court deems it unnecessary to decide that point, inasmuch as it thinks Smith entitled to his discharge for defect in the affidavit.

To authorize the arrest in this case, the affidavit should have stated distinctly--1st, that Smith had committed a crime; 2nd, that he committed it in Missouri.

It must appear that he fled from Missouri to authorize the governor of Missouri to demand him, as none other than the governor of the state from which he fled can make the demand. He could not have fled from justice unless he committed a crime, which does not appear. It must appear that the crime was committed in Missouri, to warrant the governor of Illinois in ordering him to be sent to Missouri for trial.

The 2nd section, 4th article, declares he "shall be removed to the state having jurisdiction of the crime." As it is not charged that the crime was committed by Smith in Missouri, the governor of Illinois could not cause him to be removed to that state, unless it can be maintained that the state of Missouri can entertain jurisdiction of crimes committed in other states. The affirmative of this proposition was taken in the argument with a zeal indicating sincerity. But no adjudged case or dictum was adduced in support of it. The court conceives that none can he. Let it be tested by principle.

Man, in a state of nature, is a sovereign, with all the prerogatives of king, lords, and commons. He may declare war and make peace, and as nations often do who "feel power and forget right," may oppress, rob, and subjugate his weaker and unoffending neighbors. He unites in his person, the legislative, judicial, and executive power; "can do no wrong," because there is none to hold him to account. But when he unites himself with a community, he lays down all the prerogatives sovereign (except self defense,) and becomes a subject. He owes obedience to its laws and the judgments of its tribunals, which he is supposed to have participated in establishing, either directly or indirectly. He surrenders also the right of self-redress.

In consideration of all which, he is entitled to the aegis of that community to defend him from wrongs. He takes upon himself no allegiance to any other community, so owes it no obedience, and therefore {228} cannot disobey it. None other than his own sovereign can prescribe a rule of action to him. Each sovereign regulates the conduct of its subjects, and they may be punished upon the assumption that they have known the rule, and have consented to be governed by it; it would be a gross violation of the social compact if the state were to deliver up one of its citizens to be tried and punished by a foreign state to which he owes no allegiance, and whose laws were never binding on him. No state can or will do it.

In the absence of the constitutional provision, the state of Missouri would stand on this subject in the same relation to the state of Illinois that Spain does to England. In this particular, the states are independent of each other; a criminal fugitive from one state to another could not be claimed as of right to be given up.

It is most true, as mentioned by writers on the laws of nations that every state is responsible to its neighbors for the conduct of its citizens so far as their conduct violates the principles of good neighborhood; so it is among private individuals. But for this, the inviolability of territory or private dwellings could not be maintained. This obligation creates the right and makes it the duty of the state to impose such restraints upon the citizen as the occasion demands.

It was in the performance of this duty that the United States passed laws to restrain citizens of the United States from setting on foot and fitting out military expeditions against their neighbors. While the violators of this law kept themselves within the United States the conduct was cognizable in the courts of the United States, and not of the offended state, even if the means provided had assisted in the invasion of the foreign state. A demand by the injured state upon the United States for the offenders whose operations were in their own country would be answered that the United States' laws alone could act upon them, and that as a good neighbor it would punish them.

It is the duty of the state of Illinois to make it criminal in one of its citizens to aid, abet, counsel or advise any person to commit a crime in her sister state. Any one violating the law would be amenable to the laws of Illinois, executed by its own tribunals. Those of Missouri could have no agency in his conviction and punishment. But if he shall go into Missouri he owes obedience to her laws, and is liable before her courts to be tried and punished for any crime he may commit there; and a plea that he was a citizen of another state would not avail him. If he escape, he may be surrendered to Missouri for trial. But when the offense is perpetrated in Illinois, the only right of Missouri is to insist that Illinois compel her citizens to forbear to annoy her. This she has a right to expect. For the neglect of it, nations go to war and violate territory.

{229} The court must hold that where a necessary fact is not stated in the affidavit, it does not exist. It is not averred that Smith was accessory before the fact, in the state of Missouri, nor that he committed a crime in Missouri; therefore he did not commit the crime in Missouri, did not flee from Missouri to avoid punishment.

Again the affidavit charges the shooting on the 6th of May, in the county of Jackson, and state of Missouri, "that he believes, and has good reason to believe from evidence and information now (then) in his possession, that Joseph Smith was accessory before the fact, and is a resident or citizen of Illinois."

There are several objections to this. Mr. Boggs having the "evidence and information in his possession," should have incorporated it in the affidavit, to enable the court to judge of their sufficiency to support his "belief."

Again, he swears to a legal conclusion, when he says that Smith was accessory before the fact. What acts constitute a man an accessory in a question of law are not always of easy solution. Mr. Boggs' opinion, then, is not authority. He should have given the facts. He should have shown that they were committed in Missouri, to enable the court to test them by the laws of Missouri, to see if they amounted to a crime.

Again the affidavit is fatally defective in this, that Boggs swears to his belief. The language in the Constitution is, "Charged with felony or other crime." Is the Constitution satisfied with a charge upon suspicion?

It is to be regretted that no American adjudged case has been cited to guide the court in expounding this article. Language is ever interpreted by the subject matter. If the object were to arrest a man near home, and there were fears of escape if the movement to detain him for examination were known, the word charged might warrant the issuing of a capias on suspicion. Rudyard (reported in Skinner 676), was committed to Newgate for refusing to give bail for his good behavior, and was brought before common pleas on habeas corpus. The return was that he had been complained of for exciting the subjects to disobedience of the laws against seditious conventicles; and upon examination they found cause to suspect him. Vaughan, Chief Justice, "Tyrell and Archer against Wild," held the return insufficient; 1st, because it did not appear but that he might abet frequenters of conventicles in the way the law allows; 2nd, to say that he was complained of or was examined is no proof of his guilt. And then to say that he had cause to suspect him is too cautious; for who can tell what they count a cause of suspicion, and how can that ever be tried? At this rate they would have arbitrary power upon their own allegation, to commit whom they pleased.

{230} From this case it appears that suspicion does not warrant a commitment, and that all legal intendments are to avail the prisoner: that the return is to be most strictly construed in favor of liberty. If suspicion in the foregoing case did not warrant a commitment in London by its officers, of a citizen of London, might not the objection be urged with greater force against the commitment of a citizen of our state to be transported to another on suspicion?

No case can arise demanding a more searching scrutiny into the evidence, than in cases arising under this part of the Constitution of the United States. It is proposed to deprive a freeman of his liberty; to deliver him into the custody of strangers; to be transported to a foreign state, to be arraigned for trial before a foreign tribunal, governed by laws unknown to him; separated from his friends, his family, and his witnesses, unknown and unknowing. Had he an immaculate character, it would not avail him with strangers. Such a spectacle is appalling enough to challenge the strictest analysis.

The framers of the Constitution were not insensible of the importance of courts possessing the confidence of the parties. They therefore provided that citizens of different states might resort to the Federal Courts in civil causes. How much more important that the criminal have confidence in his judge and jury. Therefore, before the capias is issued, the officers should see that the case is made out to warrant it. Again, Boggs was shot on the 6th of May, the affidavit was made on the 20th of July following. Here was time for enquiry which would confirm into certainty, or dissipate his suspicions. He had time to collect facts to be had before a grand jury, or be incorporated in his affidavit.

The court is bound to assume that this would have been the course of Mr. Boggs; but that his suspicions were light and unsatisfactory. The affidavit is insufficient, 1st, because it is not positive; 2nd because it charges no crime; 3rd, because it charges no crime committed in the state of Missouri. Therefore, he [Joseph Smith] did not flee from the justice of the state of Missouri, nor has he taken refuge in the state of Illinois.

The proceedings in this affair, from the affidavit to the arrest, afford a lesson to governors and judges whose action may hereafter be invoked in cases of this character. The affidavit simply says that the affiant was shot with intent to kill; and he believes that Smith was accessory before the fact to the intended murder, and is a citizen or resident of the state of Illinois. It is not said who shot him, or that the person was unknown. The governor of Missouri, in his demand, calls Smith a fugitive from justice, charged with being accessory before the fact to an assault with intent to kill, made by one O. P. Rockwell, on Lilburn W. Boggs, in this state (Missouri). This governor {231} expressly refers to the affidavit as his authority for that statement.

Boggs, in his affidavit, does not call Smith a fugitive from justice, nor does he state a fact from which the governor had a right to infer it, neither does the name of O. P. Rockwell appear in the affidavit, nor does Boggs say Smith fled. Yet the governor says he has fled to the state of Illinois. But Boggs only says he is a citizen or resident of the state of Illinois. The governor of Illinois responding to the demand of the executive of Missouri for the arrest of Smith, issues his warrant for the arrest of Smith, reciting that "whereas Joseph Smith stands charged by the affidavit of Lilburn W. Boggs with being accessory before the fact to an assault, with intent to kill, made by one O. P. Rockwell, on Lilburn W. Boggs, on the night or the 6th day of May, 1842, at the county of Jackson, in said state of Missouri; and that the said Joseph Smith has fled from the justice of said state, and taken refuge in the state of Illinois."

Those facts do not appear by the affidavit of Boggs. On the contrary, it does not assert that Smith was accessory to O. P. Rockwell, nor that he had fled from the justice of the state of Missouri, and taken refuge in the state of Illinois.

The court can alone regard the facts set forth in the affidavit of Boggs as having any legal existence. The mis-recitals and over-statements in the requisition and warrant are not supported by oath, and cannot be received as evidence to deprive a citizen of his liberty and transport him to a foreign state for trial. For these reasons Smith must be discharged.

At the request of J. Butterfield, counsel for Smith, it is proper to state, in justice to the present executive of the state of Illinois, Governor Ford, that it was admitted on the argument that the warrant which originally issued upon the said requisition was issued by his predecessor; that when Smith came to Springfield to surrender himself up upon that warrant, it was in the hands of the person to whom it had been issued at Quincy, in this state; and that the present warrant which is a copy of the former one, was issued at the request of Smith, to enable him to test its legality by writ of habeas corpus.

Let an order be entered that Smith be discharged from his arrest.

[Sidenote: The Prophet's Hour with Judge Pope.]

At the close I arose, and bowed to the court, which adjourned to ten o'clock tomorrow. I accepted an invitation to see Judge Pope in his room, and spent an hour in conversation with his honor, in which I explained to him that I did not profess to be a prophet any more than every man ought {232} to who professes to be a preacher of righteousness; and that the testimony of Jesus is the spirit of prophecy; and gave the judge a brief but general view of my principles. Esquire Butterfield asked me "to prophesy how many inhabitants would come to Nauvoo." I said, I will not tell how many inhabitants will come to Nauvoo; but when I went to Commerce, I told the people I would build up a city, and the old inhabitants replied "We will be damned if you can." So I prophesied that I would build up a city, and the inhabitants prophesied that I could not; and we have now about 12,000 inhabitants. I will prophesy that we will build up a great city; for we have the stakes and have only to fill up the interstices.

The judge was very attentive and agreeable, and requested of me that my secretary, Dr. Richards, would furnish him a copy of his decision for the press. Dined at General Adams', and in the afternoon visited Mr. Butterfield with Brother Clayton. In the evening visited Mr. Groves, and lodged at General Adams' with Dr. Richards.

[Sidenote: The Advice of Governor Ford.]

Friday, 6.--In the morning went to see Judge Pope with Dr. Richards, who presented the judge with a report of his decision, called on Mr. Butterfield, and gave him two notes of two hundred and thirty dollars each, having paid him forty dollars as fee for his service in my suit. I took certified copies of the doings of the court, and waited on Governor Ford for his certificate thereto, after which he offered me a little advice, which was, that I "should refrain from all political electioneering." I told him that I had always acted upon that principle, and proved it by General Law and Dr. Richards: and that the "Mormons" were driven to union in their elections by persecution, and not by my influence: and that the "Mormons" acted on the most perfect principle of liberty in all their movements.

[Sidenote: Sundry Conversations.]

During the day I had considerable conversation in the {233} court room with the lawyers and others, on various topics and particularly on religion. Judge Pope's son wished me well, and hoped I would not be persecuted any more, and I blessed him. Mr. Butterfield said I must deposit my discharge and all my papers in the archives of the Temple when it is completed. My discharge, here referred to, commenced with my petition for habeas corpus and closed with the certificate of Thomas Ford, governor of Illinois, including all the documents relating to my trial on separate sheets of paper, attached by a blue ribbon, and secured by the seal of the court, and reads as follows:

_Official Papers Relating to the Prophet's Trial at Springfield, Ill., Before Judge Pope_.

I.

Pleas before the Circuit Court of the United States for the district of Illinois, at the December term, A. D., 1842, December 31st.

In the matter of Joseph Smith: Petition for habeas corpus.

Justin Butterfield, attorney for said petitioner, comes and moves the court for the allowance of a writ of habeas corpus, and files the annexed petition and the papers referred to therein.

To the Honorable the Circuit Court of the United States for the district of Illinois:

The petition of Joseph Smith respectfully showeth that he has been arrested, and is detained in custody by William F. Elkin, sheriff of Sangamon county, upon a warrant issued by the governor of the state Illinois, upon the requisition of the governor of Missouri, as a fugitive from justice, a copy of the said warrant and the requisition and affidavit upon which the same was issued, is hereto annexed. And your petitioner is also arrested by Wilson Law, and by him also held and detained in custody, (jointly with the said sheriff of Sangamon county) upon a proclamation issued by the governor of the state of Illinois, a copy of which proclamation is hereunto annexed. Your petitioner prays that a writ of habeas corpus may be issued by this court directed to the said William F. Elkin and Wilson Law, commanding them forthwith and without delay to bring your petitioner before this honorable court, to abide such order and direction as the said court may make in these premises. Your petitioner states that he is arrested and detained as aforesaid under color of a law of the United {234} States, and that his arrest and detention is illegal and in violation of law; and without the authority of law, in this, that your petitioner is not a fugitive from justice, nor has he fled from the state of Missouri. And your petitioner, as in duty bound, will ever pray.

JOSEPH SMITH.

II.

The Governor of the State of Missouri to the Governor of the State of Illinois--greeting:

Whereas it appears by the annexed document, which is hereby certified as authentic, that one Joseph Smith is a fugitive from justice, charged with being accessory before the fact, to an assault with intent to kill, made by one O. P. Rockwell on Lilburn W. Boggs, in this state; and it is represented to the executive department of this state, has fled to the state of Illinois:

Now, therefore, I, Thomas Reynolds, governor of the state of Missouri, by virtue of the authority in me vested by the Constitution and laws of the United States, do, by these presents demand the surrender and delivery of the said Joseph Smith to Edward R. Ford, who is hereby appointed as the agent to receive the said Joseph Smith on the part of this state.

In testimony whereof, I, governor of the state of Missouri, have hereunto set my hand and caused to be affixed the great seal of the state of Missouri.

Done at the city of Jefferson, this 22nd day of July, in the year of our Lord one thousand eight hundred and forty-two; of the Independence of the United States, the sixty-seventh, and of this state the twenty-third.

By the Governor,

[Seal] THOMAS REYNOLDS.

Jas. L. Minor, Secretary of State.

III.

#Affidavit of Lilburn W. Boggs.

STATE OF MISSOURI,

County of Jackson, ss.

This day personally appeared before me, Samuel Weston, a justice of the peace within and for the county of Jackson; the subscriber, Lilburn W. Boggs, who being duly sworn, doth depose and say, that on the night of the sixth day of May, 1842, while sitting in his dwelling, in the town of Independence, in the county of Jackson, he was shot, with intent to kill; and that his life was despaired of for several days, and that {235} he believes, and has good reason to believe, from evidence and information now in his possession, that Joseph Smith, commonly called the Mormon Prophet, was accessory before the fact of the intended murder; and that the said Joseph Smith is a citizen or resident of the state of Illinois, and the said deponent hereby applies to the governor of the state of Missouri to make a demand on the governor of the state of Illinois to deliver the said Joseph Smith, commonly called the Mormon Prophet, to some person authorized to receive and convey him to the state and county aforesaid, there to be dealt with according to law.

LILBURN W. BOGGS.

Sworn to and subscribed before me, this 20th day of July. 1842.

SAMUEL WESTON, J. P.

IV.

#Certificate of Secretary of State of Illinois.

STATE OF ILLINOIS,

Office of Secretary of State.

I, Lyman Trumbull, secretary of state, of the state of Illinois, do hereby certify the foregoing to be a true and perfect copy of the demand of the governor of the state of Missouri upon the governor of this state, for the apprehension and surrender of Joseph Smith, who is charged with being a fugitive from justice, and the affidavit of Lilburn W. Boggs attached to the same, which are on file in this office.

In testimony whereof I have hereunto set my hand, and affixed the great seal of state at Springfield, this thirty-first day of December, A. D., one thousand eight hundred and forty-two.

[Seal.] LYMAN TRUMBULL,

Secretary of State.

December 31, 1842.

I do hereby certify the foregoing to be true copies of the demand and affidavit upon which the writ for the apprehension of Joseph Smith was this day issued.

L. TRUMBULL,

Secretary of State.

December 31, 1842.

V.

#Governor Ford's Order for the Prophet's Arrest.

The people of the State of Illinois to the Sheriff of Sangamon County, greeting:

Whereas it has been made known to me by the executive authority of {236} the state of Missouri, that one Joseph Smith stands charged by the affidavit of one Lilburn W. Boggs, made on the 20th day of July, 1842, at the county of Jackson, in the state of Missouri, before Samuel Weston, a justice of the peace within and for the county of Jackson aforesaid, with being accessory before the fact to an assault with intent to kill, made by one O. P. Rockwell on Lilburn W. Boggs, on the night of the sixth of May, A.D. 1842, at the county of Jackson, in said state of Missouri; and that the said Joseph Smith has fled from the justice of said state, and taken refuge in the state of Illinois:

Now, therefore, I, Thomas Ford, governor of the state of Illinois, pursuant to the Constitution and laws of the United States, and of this state, do hereby command you to arrest and apprehend the said Joseph Smith, if he be found within the limits of the state aforesaid, and cause him to be safely kept and delivered to the custody of Edward R. Ford, who has been duly constituted the agent of said state of Missouri to receive said fugitive from the justice of said state, he paying all fees and charges for the arrest and apprehension of said Joseph Smith, and make due return to the executive department of this state, the manner in which the writ may be executed.

In testimony whereof, I have hereunto set my hand and caused the great seal of the state to be affixed.

Done at the city of Springfield, this 31st day of December, in the year of our Lord one thousand eight hundred and forty-two; and of the Independence of the United States, the sixty-seventh.

By the Governor,

[Seal.] THOMAS FORD.

LYMAN TRUMBULL, Secretary of State.

VI.

#Governor Carlin's Proclamation.

EXECUTIVE DEPARTMENT, ILLINOIS,

September 20, 1842.

Whereas a requisition has been made upon me, as the executive of this state, by the governor of the state of Missouri, for the apprehension and surrender of O. P. Rockwell, who is charged with the crime of shooting Lilburn W. Boggs, with intent to kill, in the county of Jackson and state of Missouri, on the night of the sixth day of May, A. D., 1842:

And whereas a demand has also been made by the governor of Missouri upon me for the apprehension and surrender of Joseph Smith, commonly called the Mormon Prophet, who is charged with the crime of being accessory to the shooting of said Boggs at the time and place aforesaid, with intent to kill:

{237} And whereas, in obedience to the Constitution and laws of the United States, and of this state, executive warrants have been issued, and the said Rockwell and Smith arrested as fugitives from justice from the state of Missouri; and whereas the said Rockwell and Smith resisted the laws by refusing to go with the officers who had them in custody as fugitives from justice, and escaped from the custody of said officers:

Now, therefore, I, Thomas Carlin, governor of the state of Illinois, in conformity to an act entitled "An Act concerning fugitives from justice," approved January 6, 1827, do offer a reward of two hundred dollars to any person or persons for the apprehension and delivery of each or either of the above-named fugitives from justice, viz., O. P. Rockwell and Joseph Smith, to the custody of James M. Pitman and Thomas C. King, or to the sheriff of Adams county, at the city of Quincy.

In testimony whereof, I have hereunto set my hand, and caused the great seal of state to be affixed, the day and the date above mentioned.

By the Governor,

[Seal.] THOMAS CARLIN.

LYMAN TRUMBULL, Secretary of State.

The Fulton Advocate, Quincy Herald, Galena Sentinel, and Rockford Pilot, will copy the above for two weeks.

VII.

#Petition of the Prophet for Writ of Habeas Corpus.

In the United States' Circuit Court, District of Illinois, of December Term, 1842, December 31st day.

In the matter of Joseph Smith, on petition of Habeas Corpus.

And now at this day comes the said Joseph Smith by Justin Butterfield, his attorney, and presents to the court his petition, setting forth that he has been arrested and is detained in custody by William F. Elkin, Sheriff of Sangamon county, upon a warrant issued by the governor of the state of Illinois, upon the requisition of the governor of Missouri, as a fugitive from justice; and that he is also arrested by Wilson Law, and by him also held and detained in custody (jointly with the sheriff of Sangamon county), upon a proclamation issued by the governor of the state of Illinois; that he is arrested and detained as aforesaid, under color of a law of the United States; and that his arrest and detention is illegal and in violation of law, and without the authority of law in this, that the said petitioner is not a fugitive from justice, nor has he fled from the state of Missouri; and praying that a writ of habeas corpus may be issued by this court, directed to the said William F. Elkin and Wilson Law, commanding them forthwith and without {238} delay to bring the petitioner before this court to abide such order and direction as this court may make in the premises: upon reading and filing of which said petition, it is considered and ordered by the court that a writ of habeas corpus be issued as prayed for in said petition, returnable forthwith.

And thereupon a writ of habeas corpus was issued in the words and figures following,--to wit:

VIII.

#Writ of Habeas Corpus.

The United States of America to William F. Elkin, Sheriff of Sangamon County, State of Illinois, and Wilson Law, greeting.

We command you that you do forthwith, without excuse or delay, bring or cause to be brought, before the Circuit Court of the United States for the district of Illinois, at the District Court-room, in the city of Springfield, the body of Joseph Smith, by whatever name or addition he is known or called, and who is unlawfully detained in your custody, as it is said, with the day and cause of his caption and detention, then and there to perform and abide such order and direction as the said court shall make in that behalf. And hereof make due return under the penalty of what the law directs.

Witness, Roger B. Taney, Chief Justice of the Supreme Court of the United States at Springfield, in the district of Illinois, this 31st day of December, A. D., 1842, and of our Independence the sixty-seventh year.

[Seal.] JAMES F. OWINGS, Clerk.

IX.

#Returns on the Above Writ of Habeas Corpus.

And afterwards, on the said 31st day of December aforesaid, the said writ of habeas corpus was returned, with returns endorsed thereon in the words and figures following:--

I, William F. Elkin, sheriff of Sangamon county, do hereby return the within writ, that the within named Joseph Smith is in my custody, by virtue of a warrant issued by the governor of the state of Illinois upon the requisition of the governor of the state of Missouri, made on the affidavit of L. W. Boggs, and a copy of the said warrant, requisition, and affidavit is hereunto annexed, dated December 31, 1842.

WM. F. ELKIN,

Sheriff S. C., Illinois.

I, Wilson Law, do return to the within writ that the said Joseph {239} Smith is in my custody by virtue of an arrest made by me of his body under and by virtue of a proclamation of the governor of the state of Illinois; a copy whereof is hereunto annexed, dated December 31, 1842.

WILSON LAW.

The return to the within writ of habeas corpus appears by the foregoing returns and the schedule hereunto annexed, and the body of the said Joseph Smith is in court.

WM. PRENTISS,

U.S. Marshal, district of Illinois.

December 31, 1842.

IX.

#Orders of the Court.

And afterwards, to wit, on the same day aforesaid, upon the return of the said writ of habeas corpus, the following orders were made in this cause:--

In the matter of Joseph Smith, on Habeas Corpus.

William F. Elkin and Wilson Law having made return to the writ of habeas corpus issued in this cause, and brought the body of the said Joseph Smith into court, on motion of Justin Butterfield, his attorney, it is ordered that the said Joseph Smith be admitted to bail; and thereupon came the said Joseph Smith in proper person, principal, and James Adams and Wilson Law, sureties, and severally acknowledge themselves to owe and be indebted to the United States of America, in the sum of two thousand dollars each, to be levied of their respective goods and chattels, lands and tenements; but to be void on condition that the said Joseph Smith shall be and appear before the Circuit Court of the United States for the district of Illinois, now sitting from day to day, and shall not depart without leave of the court. And thereupon it is ordered that this cause be set for hearing on Monday next; and it is further ordered that the governor of Illinois and the attorney-general be informed by the marshal that Joseph Smith, arrested on a warrant issued for his apprehension by the governor of Illinois, 31st December, 1842, is before this court on habeas corpus, and that the case will be heard on Monday, January 2nd, 1843, and that a copy of this order be handed to each of those officers.

It is ordered that the governor of Illinois and the attorney-general be informed by the marshal that Joseph Smith, arrested on a warrant issued for his apprehension by the governor of Illinois, 31st December, 1842, is before this court on a writ of habeas corpus, and that the case will be heard on Monday, 2nd January, 1843, and that a copy of this order be handed to each of those officers.

{240} UNITED STATES OF AMERICA,

District of Illinois.

I, James F. Owings, clerk of the Circuit Court of the United States for the district aforesaid, do certify that the foregoing is a true copy of an order passed by said court, the 31st day of December, 1842.

In testimony whereof I have hereunto subscribed my name and affixed the seal of said court at Springfield, this 31st day of December, A. D., 1842.

[Seal.] JAMES F. OWINGS, Clerk.

Delivered a copy of the within order to Thomas Ford, governor, and Josiah Lamborn, attorney-general of the state of Illinois, December 31st, 1842.

WM. PRENTISS, Marshal.

In the matter of Joseph Smith on habeas corpus; copy of order, marshal's fees for serving on two, $4.00; returning twelve, $4.12.

X.

#Denials of the Prophet.

And afterwards, to-wit, on the 2nd day of January, A. D. 1843, Justin Butterfield, attorney of said petitioner, filed the written denials of the said petitioner of the matters and things set forth, in the return to the said writ of habeas corpus, which denial is in the words and figures following,--viz.:

Circuit Court of the United States,

District of Illinois,

In the matter of Joseph Smith upon habeas corpus.

Joseph Smith, being brought up on habeas corpus before this court, comes and denies the matter set forth in the return to the same in this, that he is not a fugitive from the justice of the state of Missouri; but alleges and is ready to prove, that he was not in the state of Missouri at the time of the commission of the alleged crime set forth in the affidavit of L. W. Boggs, nor had he been in said state for more than three years previous to that time, nor has he been in said state since that time; but, on the contrary, at the time the said alleged assault was made upon the said Boggs, as set forth in the affidavit the said Smith was at Nauvoo, in the county of Hancock, in the state of Illinois, and that he has not fled from the justice of the state of Missouri, and taken refuge in the state of Illinois, as is most untruly stated in the warrant upon which he is arrested, and that the matter set forth in the requisition {241} of the governor of Missouri, and in the said warrant, are not supported by oath.

JOSEPH SMITH.

State of Illinois, ss.

Joseph Smith being duly sworn, saith that the matter and things set forth in the foregoing statement are true.

JOSEPH SMITH.

Sworn and subscribed to before me, this second day of January, 1843.

JAMES F. OWINGS, Clerk.

XI.

#Procedure of the Court.

And afterwards, to-wit, on the same day and year last aforesaid, the following order was made in this cause,--viz.:

In the matter of Joseph Smith on habeas corpus.

At this day comes the said Joseph Smith, and, by Justin Butterfield, his attorney, files his written denial, verified by affidavit, of the matters and things set forth in the return to the writ of habeas corpus issued in this cause; and at the same time also comes Josiah Lamborn, attorney-general of the state of Illinois, and on his motion it is ordered that this cause be continued for hearing until Wednesday morning next.

And afterwards, to-wit, on the fourth day of January, 1843, Josiah Lamborn, attorney-general of the state of Illinois, filed his objections to the jurisdiction of this court in this cause, and moved to dismiss the proceedings herein, which said motion and objections are in the words and figures following--viz.:

United States of America,

In the Circuit Court of the State of Illinois.

In the matter of Joseph Smith.

J. Lamborn, attorney-general of Illinois, moves the court to dismiss the proceedings herein, for the reason that this court has no jurisdiction.

1st. The arrest and detention of said Smith was not under or by color of authority of the United States, or any of the officers of the United States, but under and by color of authority of the state of Illinois, and by the officers of Illinois.

2nd. When a fugitive from justice is arrested by authority of the government of any state, upon the requisition of any other governor of another state, the courts of justice, neither state nor federal have any authority or jurisdiction to inquire into any facts behind the writ.

J. LAMBORN,

Attorney-General of Illinois.

{242} And afterwards, to-wit, on the same day and year last aforesaid, the following order was made in this cause,--viz.:

In the matter of Joseph Smith, on habeas corpus.

And now, again, at this day, comes the said Joseph Smith, by Justin Butterfield, his attorney; and at the same time also comes Josiah Lamborn, attorney-general of the state of Illinois, and enters his motion to dismiss the proceedings herein, for want of jurisdiction; and the court having heard the allegations and proofs herein, and the argument of counsel upon the same, and also upon the aforesaid motion, and not being sufficiently advised took time, &c.

XII.

#Affidavits of Sundry Witnesses.

And afterwards, to-wit, on the same day and year aforesaid, Justin Butterfield, attorney for said petitioner, filed the affidavits, of which the following are copies:

Circuit Court of the United States,

District of Illinois.

In the matter of Joseph Smith, upon habeas corpus.

District of Illinois, ss.

Stephen A. Douglas, James H. Ralston, Almeron Wheat, J. B. Backenstos, being duly sworn, each for himself, says that they were at Nauvoo in the county of Hancock, in this state on the seventh day of May last; that they saw Joseph Smith on that day reviewing the Nauvoo Legion at that place in the presence of several thousand persons.

J. B. BACKENSTOS,

STEPHEN A. DOUGLAS.

Sworn to and subscribed in open court, this 4th day of January, 1843.

JAMES F. OWINGS, Clerk.

Circuit Court of the United States, District of Illinois.

In the matter of Joseph Smith upon habeas corpus.

District of Illinois:--Wilson Law, Henry G. Sherwood, Theodore Turley, Shadrach Roundy, Willard Richards, William Clayton, and Hyrum Smith, being duly sworn, say that they know that Joseph Smith was in Nauvoo, in the county or Hancock, in the state of Illinois, during the whole of the sixth and seventh days of May last; that on the sixth day of May, aforesaid, the said Smith attended an officer-drill at Nauvoo, from ten o'clock in the forenoon to about four o'clock in the afternoon, at which drill the said Joseph Smith was present. And {243} these deponents, Hyrum Smith, Willard Richards, Henry G. Sherwood, John Taylor, and William Clayton, were with the said Smith at Nauvoo aforesaid, during the evening of the sixth day of May last, and sat with the said Joseph Smith in Nauvoo Lodge from six until nine o'clock of said evening. And these deponents, Hyrum Smith, Willard Richards, and William Marks, were with the said Smith at his dwelling house, in Nauvoo, on and during the evening of the fifth day of May last, and conversed with him; and all of the deponents aforesaid do say that, on the seventh day of May aforesaid, the said Smith reviewed the Nauvoo Legion, and was present with the said Legion all that day, in the presence of many thousand people, and it would have been impossible for the said Joseph Smith to have been at any place in the state of Missouri at any time on or between the sixth or seventh days of May aforesaid. And these deponents, Willard Richards, William Clayton, Hyrum Smith, and Lorin Walker, say that they have seen and conversed with the said Smith at Nauvoo, aforesaid, daily, from the tenth of February last, until the first day of July last, and know that he has not been absent from said city of Nauvoo, at any time during that time, long enough to have been in the state of Missouri; that Jackson county in the state of Missouri is about three hundred miles from Nauvoo.

WILSON LAW,

HENRY G. SHERWOOD,

THEODORE TURLEY,

SHADRACH ROUNDY,

WILLARD RICHARDS,

WILLIAM CLAYTON,

JOHN TAYLOR,

WILLIAM MARKS,

LORIN WALKER.

Sworn to and subscribed in open court, this 4th January, 1843.

OWINGS, Clerk.

XIII.

#Denial of the Court to Dismiss the Case.

And afterwards, to wit on the 5th day of January, 1843, the following order was made in this cause,--viz.:

In the matter of Joseph Smith on habeas corpus.

And now, at this day, comes again the said Joseph Smith, by Justin Butterfield, his attorney, and at the same time also comes Josiah Lamborn, attorney-general of the state of Illinois; and the court being now sufficiently advised of and concerning the motion heretofore entered to dismiss the proceedings in this cause, it is considered that {244} said motion be denied; and the court having fully considered the petition of the said Joseph Smith, and the matters and things set forth in the return made to the writ of habeas corpus issued herein, and being now sufficiently advised of and concerning the same, it is considered and adjudged that the matters and things set forth in the return to the said writ of habeas corpus are wholly insufficient in law to authorize the arrest and detention of the said Joseph Smith; and it is further considered, ordered, and adjudged by the court that the said Joseph Smith be fully released and discharged from the custody of William F. Elkin, sheriff of Sangamon county, under the warrant of the governor of the state of Illinois, mentioned in the said return, and also from the custody of Wilson Law, on the proclamation of the said governor mentioned in the said return, and that he go hence without delay.

United States of America

District of Illinois. ss.

I, James F. Owing, clerk of the United States Circuit Court for the district of Illinois, do certify that the foregoing is a true and correct copy of the record and proceedings before said court, in the matter of Joseph Smith, on petition, to be discharged on habeas corpus, as the same remain on the record and files of said court.

In testimony whereof, I have hereunto subscribed my name, and affixed the seal of said court at Springfield, this sixth day of January, A. D. 1843, and of our independence the 67th year.

[Seal] JAMES F. OWING, Clerk.

XIV.

#Executive's Order of Release.

I do hereby certify that I have inspected the foregoing record, and there is now no further cause for arresting or detaining Joseph Smith, therein named, by virtue of any proclamation or executive warrant heretofore issued by the governor of this state; and that since the judgment of the Circuit Court of the United States for the district of Illinois, all such proclamations are inoperative and void.

Witness my hand and seal, at Springfield, this 6th day of January, 1843.

[Seal] THOMAS FORD,

Governor of Illinois.

[Sidenote: The Prophet's Comment on Judge Pope's Opinion.]

The opinion of Judge Pope as recorded in this history, was copied from the Sangamon Journal, and believed to be Judge Pope's opinion, as corrected and altered by him from the report furnished him by my secretary.

{245} In the judge's opinion on the bench, he remarked like this:--"Were it my prerogative to impeach Congress for any one thing, it would be for granting power for the transportation of fugitives on affidavit, and not on indictment alone." He also passed several severe strictures on the actions of different governors and others concerned in my case, but which I suppose he thought proper to omit in his printed copy.

I received many invitations to visit distinguished gentlemen in Springfield, which time would not permit me to comply with; also a ticket from the manager to attend the theatre this evening; but the play was prevented by the rain.

{246}

Spotted a typo or a problem in this chapter? Tell us

Chapter XIII

THE PROPHET AGAIN IN NAUVOO--CELEBRATION OF HIS RELEASE FROM OPPRESSION--"VADE MECUM"--REINSTATEMENT OF ORSON PRATT--DISCOURSES OF THE PROPHET, "THE KINGDOM OF GOD;" "THE MISSION AND GREATNESS OF JOHN THE BAPTIST;" "INTERPRETATION OF SCRIPTURES."

[Sidenote: The Start for Nauvoo.]

Saturday, January 7, 1843.--At half-past eight in the morning, we left Judge Adams' to return to Nauvoo, and arrived at Captain Dutch's at four in the evening. Traveling very bad, with snow and mud, and yet so cold as to whiten the horses with frost. While riding this day, General Law and Dr. Richards composed a Jubilee Song, which they wrote and sang in the evening, and "dedicated to all lovers of Illinois' liberties," as printed on the first page of 37th Number of The Wasp.

Recent accounts from Alexandria, in Egypt, state the mortality (murrain) among the cattle still continues; and it was estimated that upwards of 200,000 oxen had already died.

Sunday, 8.--At eight in the morning we left Captain Dutch's, and, passing through Geneva and Beardstown, and crossing the Illinois river on the ice, arrived at Rushville at four in the evening. After supper, I went to Mr. Uriah Brown's, with several of the brethren and spent the evening very agreeably, partly in examining drafts of improvements he had made in some operative and defensive machinery.

[Sidenote: An Accident by the Way.]

Monday, 9.--At half-past eight in the morning, started for Plymouth: roads very hard, smooth and icy. When {247} about two miles west of Brooklyn, at half-past twelve p.m., the horses of the large carriage slipped and became unmanageable; and horses and carriage, with Lorin Walker and Dr. Richards in it, went off the embankment some six or eight feet perpendicular, doing no damage except breaking the fore-axletree and top of the carriage. It was a remarkable interposition of Providence that neither of the brethren were injured in the least. The company agreed that Lilburn W. Boggs should pay the damage; cut down a small tree, spliced the axle, drove on, and arrived at Brother Samuel Smith's in Plymouth, about four p. m. After supper, I visited my sister, Catherine Salisbury, accompanied by Dr. Richards and Sister Durphy. This was the first time I had visited my sister in the state of Illinois, and the circumstance brought vividly to my mind many things pertaining to my father's house, [A] of which I spake freely, and particularly of my brother Alvin. He was a very handsome man, surpassed by none but Adam and Seth, and of great strength. When two Irishmen were fighting, and one was about to gouge the other's eyes, Alvin took him by his collar and breeches, and threw him over the ring, which was composed of men standing around to witness the fight.

[Footnote A: "While there," said Dr. Richards, "my heart was pained to see a sister of Joseph's almost barefoot, and four lovely children entirely so, in the middle of a severe winter. What has not Joseph and his father's family suffered to bring forth the work of the Lord in these latter days!"]

We returned to Brother Samuel's just before the close of the meeting at the schoolhouse, where Elder John Taylor preached. After passing the usual salutations with several who had called to see me, singing the Jubilee Song, etc., retired to rest.

[Sidenote: Arrival in Nauvoo.]

Tuesday, 10.--At half-past eight in the morning, we started for Nauvoo, and, stopping only to water at the public well at Carthage, arrived at my house at half-past two p. m.; found my family well, {248} who, with many friends assembled to greet us on our safe return and my freedom. My aged mother came in and got hold of my arm before I saw her, which produced a very agreeable surprise, and she was overjoyed to behold her son free once more.

Wednesday, 11.--I rode out with Emma this morning, designing to go to Brother Daniel Russel's, and apologize for breaking his carriage on our return from Springfield: but broke a sleigh-shoe, and returned home, where I received a visit from a company of gentlemen and ladies from Farmington, on the Des Moines river, who left at half-past two p. m.

[Sidenote: A Dinner Party at the Prophet's Home.]

I directed letters of invitation to be written from myself and lady for a dinner party at my house on Wednesday next, at ten a. m., to be directed to Brothers Wilson Law, William Law, Hyrum Smith, Samuel Bennett, John Taylor, William Marks, Peter Haws, Orson Hyde, Henry G. Sherwood, William Clayton, Jabez Durphy, H. Tate, Edward Hunter, Theodore Turley, Shadrach Roundy, Willard Richards, Arthur Millikin, Brigham Young, Heber C. Kimball, Wilford Woodruff, George A. Smith, Alpheus Cutler, Reynolds Cahoon, and ladies; also Mr. Levi Moffat, and Carlos Granger, and ladies; my mother, Lucy Smith, and Sisters Eliza R. Snow and Hannah Ells.

On hearing of my invitation for dinner, the Twelve Apostles issued the following

PROCLAMATION.

To the Saints in Nauvoo.

Feeling a deep sense of gratitude to our Heavenly Father for the great blessings which He has conferred on us in the deliverance of our beloved President, Joseph Smith, from the oppression with which he has so long been bound, the Traveling High Council invite the brethren in Nauvoo to unite with them in dedicating Tuesday, the 17th day of January instant, as a day of humiliation, fasting, praise, prayer, and thanksgiving before the great Eloheim, that He will continue the outpouring of His Holy Spirit upon this people, that they may ever walk {249} humbly before Him, seek out and follow the counsels given through His servant, and ever be united, heart and hand, in building up this stake of Zion and the Temple, where God will reveal Himself to this people; that no strife or confusion may ever be found in our midst, but peace and righteousness may be our companions; and as the Lord has hitherto sustained His Prophet in all the difficulties he has had to encounter, so He will continue to do, until the Prophet has finished the great work committed to his charge; and that all those who have been called to his assistance in the holy ministry, may be diligent and faithful in all things, that his hands may be stayed on high, like unto Moses; that our enemies, if such we have, may repent and, turning away from their enmity, get forgiveness and salvation; and that they may have no dominion over the servants of God or His Saints, but that Zion may flourish upon the mountains and be exalted on the hills, and that all nations shall flow unto it and be saved--we will humble ourselves with fasting and supplication and sing praises unto our God with the voice of melody and thanksgiving, for the deliverance He has wrought out for His servant Joseph, through the legally constituted authorities of our government.

The bishops of the several wards are requested to see that meetings are appointed sufficient for the accommodation of the brethren, and make a report unto us immediately of the same; and it may be expected that some one of the brethren who visited Springfield will be present at the different meetings, and give a history of the proceedings.

In our fastings, humiliations and thanksgivings, let us not forget the poor and destitute, to minister to their necessities; and respectfully would we suggest to the consideration of the brethren the situation of our President, who has long had all his business deranged, and has been recently obliged to expend large sums of money in procuring his release from unjust persecution, leaving him destitute of necessaries for his family and of means for prosecuting the History of the Church and the translations which he is anxious should be in the hands of the brethren as speedily as possible. We therefore recommend that collections be taken at the different meetings for his benefit; and such as have not cash will recollect that provisions will be an excellent substitute, whenever it is convenient to bring them in: and we hope our brethren who are farmers in La Harpe, Ramus, Zarahemla, etc., and the region around, will have the opportunity of reading these few hints. A word to the wise is sufficient. The Lord loveth a cheerful and a bountiful giver, and will restore an hundredfold; for the laborer is worthy of his hire.

BRIGHAM YOUNG, President.

W. RICHARDS, Clerk.

Nauvoo, January 11, 1843.

{250} Thursday, 12.--At home all day.

Friday, 13.--At home till near sunset; then went to Brother William Marks with Dr. Richards, to see Sophia Marks, who was sick: heard her relate her vision or dream of a visit from her two brothers who were dead, touching the associations and relations of another world.

Saturday, 14.--Rode out with Emma in the morning. At ten attended city council, and in the evening called the quorum of the Twelve together in my chamber, to pray for Sophia Marks, who was very sick.

Sunday, 15.--I spent at home with my family.

Monday, 16.--I was about home, and directed a letter to be written as follows:--

_Letter of the Prophet to Josiah Butterfield--On Bennett's Movements_.

NAUVOO, January 16, 1843.

Josiah Butterfield, Esq.

DEAR SIR:--I now sit down to inform you of our safe arrival home on Tuesday last, after a cold and troublesome journey of four days. We found our families well and cheerful. The news of our arrival was soon generally known; and when it was understood that justice had once more triumphed over oppression, and the innocent had been rescued from the power of mobocracy, gladness filled the hearts of the citizens of Nauvoo, and gratitude to those who had so nobly and manfully defended the cause of justice and innocence was universally manifest; and of course I rejoiced with them, and felt like a free man at home.

Yesterday, a letter was received by Sidney Rigdon, Esq., from John C. Bennett, which was handed to me this morning. From that letter it appears that Bennett was at Springfield a few days after we left there, and that he is determined, if possible, to keep up the persecution against me. I herewith transmit a copy of his letter, and shall rely upon your counsel, in the event of any further attempt to oppress me and deprive me of liberty; but I am in hopes that Governor Ford will not gratify the spirit of oppression and mobocracy so glaringly manifest in the conduct of John C. Bennett.

The following is a copy of his letter:--

Letter of John C. Bennett to Sidney Rigdon and Orson Pratt.

SPRINGFIELD, ILLINOIS, January 10, 1843.

Mr. Sidney Rigdon and Orson Pratt.

DEAR FRIENDS:--It is a long time since I have written to you, and I {251} should now much desire to see you; but I leave to-night for Missouri, to meet the messenger charged with the arrest of Joseph Smith, Hyrum Smith, Lyman Wight, and others, for murder, burglary, treason, &c., &c., who will be demanded, in a few days, on new indictments found by the grand jury of a called court on the original evidence, and in relation to which a nolle prosequi was entered by the District Attorney.

New proceedings have been gotten up on the old charges, and no habeas corpus can then save them. We shall try Smith on the Boggs case, when we get him into Missouri. The war goes bravely on; and, although Smith thinks he is now safe, the enemy is near, even at the door. He has awoke the wrong passenger. The governor will relinquish Joe up at once on the new requisition. There is but one opinion on the case, and that is, nothing can save Joe on a new requisition and demand predicated on the old charges on the institution of new writs. He must go to Missouri; but he shall not be harmed, if he is not guilty: but he is a murderer, and must suffer the penalty of the law. Enough on this subject.

I hope that both of your kind and amiable families are well, and you will please to give them all my best respects. I hope to see you all soon. When the officer arrives, I shall be near at hand. I shall see you all again. Please to write me at Independence immediately.

Yours respectfully,

JOHN C. BENNETT.

P.S. Will Mr. Rigdon please to hand this letter to Mr. Pratt, after reading?

J. C. B.

This is his letter verbatim et literatim.

In the foregoing the designs of Bennett are very plainly manifest; and, to see his rascality, you have only to read some articles from his pen, published in the Times and Seasons about two years ago, on the subject of the Missouri affair. I shall be happy to hear from you on this subject as soon as convenient; also if you have received any communication from Washington. We are ready to execute the mortgage at any time.

Yours very respectfully,

JOSEPH SMITH.

By WILLIAM CLAYTON, Agent.

P.S. I would just remark, that I am not at all indebted to Sidney Rigdon for this letter, but to Orson Pratt, who, after he had read it, immediately brought it to me.

J. S.

{252} The ship Swanton sailed from Liverpool with a company of Saints for New Orleans, led by Elder Lorenzo Snow.

[Sidenote: A Day of Fasting and Prayer.]

Tuesday, 17.--This being the time appointed by the Twelve as a day of humiliation, fasting, praise, prayer, and thanksgiving before the great Eloheim, I attended a public meeting in my own house, filled to overflowing. Many other meetings were held in various parts of the city, which were well attended, and there was great joy among the people, that I had once more been delivered from the grasp of my enemies. In the evening I attended a referee case, with six others, on a land case of Dr. Robert D. Foster's.

Wednesday, 18.--At ten o'clock in the morning, the party invited began to assemble at my house, and before twelve they were all present, except Levi Moffatt and wife, and Brother Hyrum's wife, who was sick. I distributed cards among them, printed for the occasion, containing the Jubilee Song of Brothers Law and Richards; also one by Sister Eliza R. Snow, as printed on the 96th page, 4th volume of Times and Seasons, which were sung by the company with the warmest feelings.

I then read John C. Bennett's letter to Messrs. Sidney Rigdon and Orson Pratt, of the 10th instant, and told them that Mr. Pratt showed me the letter. Mr. Rigdon did not want to have it known that he had any hand in showing the letter, but wanted to keep it a secret, as though he were holding a private correspondence with Bennett; but as soon as Mr. Pratt got the letter, he brought it to me, which proves that Mr. Pratt had no correspondence with Bennett, and had no fellowship for his works of darkness. I told them I had sent word to Governor Ford, by Mr. Backenstos, that, before I would be troubled any more by Missouri, I would fight.

Conversation continued on various topics until two o'clock, when twenty-one sat down to the dinner-table, and Emma and myself waited on them, with other assistants. {253} My room was small, so that but few could be accommodated at a time. Twenty sat down to the second table, which was served as the first, and eighteen at the third, among whom were myself and Emma; and fifteen at the fourth table, including children and my household.

Many interesting anecdotes were related by the company, who were very cheerful, and the day passed off very pleasantly. President Brigham Young was present, although very feeble. This was the first time that he had been out of his house since he was taken sick. His fever had been so severe, that he had lain in a log-house, rather open, without fire most of the time, when it was so cold that his attendants, with great coat and mittens on, would freeze their toes and fingers while fanning him. One thing more, which tended to give a zest to the occasion, was, that it was fifteen years this day since I was married to Emma Hale.

The brethren dispersed about six o'clock, with many thanks and expressions of gratitude; and in the evening I attended the Lodge.

Thursday, 19.--I was at home, excepting a short out in the city in the forenoon.

Friday, 20.--Visited at Brother William Marks' this morning; returned at ten a. m., and gave Dr. Richards and W. W. Phelps some instructions about the History, when I received the following communication:--

VADE MECUM.

From W. W. Phelps to Joseph Smith, the Prophet.

Go with me, will you go to the Saints that have died, To the next better world, where the righteous reside, Where the angels and spirits in harmony be, In the joys of a vast paradise? Go with me.

Go with me, where the truth and the virtues prevail, Where the union is one, and the years never fail: Not a heart can conceive--not a natural eye see What the Lord had prepared for the just. Go with me.

{254}

Go with me, where there is no destruction nor war, Neither tyrants nor mobbers, nor nations ajar,-- Where the system is perfect, and happiness free, And the life is eternal, with God. Go with me.

Go with me, will you go to the mansions above, Where the bliss and the knowledge, the light and the love, And the glory of God do eternally be? Death, the wages of sin, is not there. Go with me. [B]

[Footnote B: After the martyrdom of the Prophet both the title and the phraseology of this hymn were changed by the author of it, to "Come to me, will ye come," etc., as it now stands in the Latter-day hymn book, page 326, Deseret News edition of 1905; also the following stanzas were added by Elder Phelps:

Come to me; here are Adam and Eve at the head Of a multitude quickened and raised from the dead; Here's the knowledge that was, or that is, or will be, In the gen'ral assembly of worlds. Come to me.

Come to me; here's the mysteries man hath not seen, Here's our Father in heaven, and Mother, the Queen; Here are worlds that have been, and the worlds yet to be, Here's eternity, endless; amen. Come to me.

Come to me, all ye faithful and blest of Nauvoo. Come, ye Twelve, and ye High Priests, and Seventies, too, Come, ye Elders, and all of the great company, When your work you have finished on the earth, come to me.

Come to me; here's the future, the present and past; Here is Alpha, Omega, the first and the last, Here's the "Fountain," the "River of Life," and the "Tree!" Here's your Prophet and Seer, Joseph Smith. Come to me.

]

[Sidenote: Council Meeting of the Twelve.]

In the afternoon I attended a council of the Twelve, at President Young's. There were present, Brigham Young, Heber C. Kimball, Orson Hyde, Orson Pratt, John Taylor, Wilford Woodruff, George A. Smith, Willard Richards, and Brother Hyrum Smith. We had conversation on a great variety of subjects. I related my dream:--"I dreamed this morning that I was in the lobby of the Representatives' Hall, at Springfield, when some of the members, who did not like my being there, began to mar, and cut, and pound my shins with pieces of iron. I bore it as long as I could, then jumped over the rail into the hall, caught a rod of {255} iron, and went at them, cursing and swearing at them in the most awful manner, and drove them all out of the House. I went to the door, and told them to send me a clerk, and I would make some laws that would do good. There was quite a collection around the State House, trying to raise an army to take me, and there were many horses tied round the square. I thought they would not have the privilege of getting me; so I took a rod of iron, and mowed my way through their ranks, looking after their best race-horse, thinking they might catch me where they could find me. Then I awoke." To dream of flying signifies prosperity and deliverance from enemies. To dream of swimming in deep water signifies success among many people, and that the word will be accompanied with power.

I told Elder Hyde that when he spoke in the name of the Lord, it should prove true; but he must not curse the people--rather bless them.

I prophesy, in the name of the Lord God, as soon as we get the Temple built, so that we shall not be obliged to exhaust our means thereon, we will have means to gather the Saints by thousands and tens of thousands.

[Sidenote: The Case of Orson Pratt Before the Council.]

This council was called to consider the case of Orson Pratt who had previously been cut off from the Church for disobedience, and Amasa Lyman had been ordained an Apostle in his place. I told the quorum: you may receive Orson back into the quorum of the Twelve and I can take Amasa into the First Presidency. President Young said there were but three present when Amasa was ordained, the rest of the Twelve being either on a mission or sick. I told them that was legal when no more could be had. I told the council that from the sixth day of April next, I go in for preparing with all present for a mission through the United States, and when we arrive at Maine we will take ship for England and so on to all countries where we shall have a mind to go. We must send for John E. Page to {256} come home, and have all the quorum to start from this place.

Let the Twelve be called on, on the 6th of April, and a notice be given for a special conference on the platform of the House of the Lord. If I live, I will yet take these brethren through the United States and through the world, and will make just as big a wake as God Almighty will let me. We must send kings and governors to Nauvoo, and we will do it.

At three o'clock, council adjourned to my house; and at four I baptized Orson Pratt and his wife, Sarah Marinda, and Lydia Granger in the Mississippi river, and confirmed them in the Church, ordaining Orson Pratt to his former office in the quorum of the Twelve.

Saturday, 21.--At home, except going out in the city with Elder Orson Hyde to look at some lots.

Sunday, 22.--I preached at the Temple on the setting up of the kingdom of God. The subject arose from two questions proposed at a lyceum meeting.

1st. Did John baptize for the remission of sins?

2nd. Whether the kingdom of God was set up before the day of Pentecost, or not till then? [C]

[Footnote C: This was the contention of the sect of the Disciples, or Campbellites; especially was it the view of Alexander Campbell, founder of said sect.]

[The following is a synopsis of this sermon, as reported by Elder Wilford Woodruff]:

The Kingdom of God.

Some say the kingdom of God was not set up on the earth until the day of Pentecost, and that John did not preach the baptism of repentance for the remission of sins; but I say, in the name of the Lord, that the kingdom of God was set up on the earth from the days of Adam to the present time. Whenever there has been a righteous man on earth unto whom God revealed His word and gave power and authority to administer in His name, and where there is a priest of God--a minister who has power and authority from God to administer in the ordinances of the gospel and officiate in the priesthood of God, there is the kingdom of God; and, in consequence of rejecting the Gospel of Jesus Christ and the Prophets whom God hath sent, the judgments of God have rested upon people, cities, and nations, in various ages of the world, which {257} was the case with the cities of Sodom and Gomorrah, that were destroyed for rejecting the Prophets.

Now I will give my testimony. I care not for man. I speak boldly and faithfully and with authority. How is it with the kingdom of God? Where did the kingdom of God begin? Where there is no kingdom of God there is no salvation. What constitutes the kingdom of God? Where there is a prophet, a priest, a righteous man unto whom God gives His oracles, there is the kingdom of God; and where the oracles of God are not, there the kingdom of God is not.

In these remarks, I have no allusion to the kingdoms of the earth. We will keep the laws of the land; we do not speak against them; we never have, and we can hardly make mention of the state of Missouri, of our persecutions there, &c., but what the cry goes forth that we are guilty of larceny, burglary, arson, treason, murder, &c., &c., which is false. We speak of the kingdom of God on the earth, not the kingdoms of men.

The plea of many in this day is, that we have no right to receive revelations; but if we do not get revelations, we do not have the oracles of God; and if they have not the oracles of God, they are not the people of God. But say you, what will become of the world, or the various professors of religion who do not believe in revelation and the oracles of God as continued to His Church in all ages of the world, when He has a people on earth? I tell you, in the name of Jesus Christ, they will be damned; and when you get into the eternal world, you will find it will be so, they cannot escape the damnation of hell.

As touching the Gospel and baptism that John preached, I would say that John came preaching the Gospel for the remission of sins; he had his authority from God, and the oracles of God were with him, and the kingdom of God for a season seemed to rest with John alone. The Lord promised Zacharias that he should have a son who was a descendant of Aaron, the Lord having promised that the priesthood should continue with Aaron and his seed throughout their generations. Let no man take this honor upon himself, except he be called of God, as was Aaron; and Aaron received his call by revelation. An angel of God also appeared unto Zacharias while in the Temple, and told him that he should have a son, whose name should be John, and he should be filled with the Holy Ghost. Zacharias was a priest of God, and officiating in the Temple, and John was a priest after his father, and held the keys of the Aaronic Priesthood, and was called of God to preach the Gospel of the kingdom of God. The Jews, as a nation, having departed from the law of God and the Gospel of the Lord, prepared the way for transferring it to the Gentiles.

But, says one, the kingdom of God could not be set up in the days {258} of John, for John said the kingdom was at hand. But I would ask if it could be any nearer to them than to be in the hands of John. The people need not wait for the days of Pentecost to find the kingdom of God, for John had it with him, and he came forth from the wilderness crying out, "Repent ye, for the kingdom of heaven is nigh at hand," as much as to say, "Out here I have got the kingdom of God and I am coming after you; I have got the kingdom of God, and you can get it, and I am coming after you; and if you don't receive it, you will be damned;" and the scriptures represent that all Jerusalem went out unto John's baptism. There was a legal administrator, and those that were baptized were subjects for a king; and also the laws and oracles of God were there; therefore the kingdom of God was there; for no man could have better authority to administer than John; and our Savior submitted to that authority Himself, by being baptized by John; therefore the kingdom of God was set up on the earth, even in the days of John.

There is a difference between the kingdom of God and the fruits and blessings that flow from the kingdom; because there were more miracles, gifts, visions, healings, tongues, &c., in the days of Jesus Christ and His apostles, and on the day of Pentecost, than under John's administration, it does not prove by any means that John had not the kingdom of God, any more than it would that a woman had not a milkpan because she had not a pan of milk, for while the pan might be compared to the kingdom, the milk might be compared to the blessings of the kingdom.

John was a priest after the order of Aaron, and had the keys of that priesthood, and came forth preaching repentance and baptism for the remission of sins, but at the same time cries out, "There cometh one mightier than I after me, the latchet of whose shoes I am not worthy to stoop down and unloose," and Christ came according to the words of John, and He was greater than John, because He held the keys of the Melchisedek Priesthood and kingdom of God, and had before revealed the priesthood of Moses, yet Christ was baptized by John to fulfill all righteousness; and Jesus in His teachings says, "Upon this rock I will build my Church, and the gates of hell shall not prevail against it." What rock? Revelation.

Again he says. "Except a man be born of water and of the Spirit, he cannot enter into the kingdom of God;" and, "heaven and earth shall pass away, but my words shall not pass away." If a man is born of water and of the Spirit, he can get into the kingdom of God. It is evident the kingdom of God was on the earth, and John prepared subjects for the kingdom, by preaching the Gospel to them and baptizing them, and he prepared the way before the Savior, or came as a {259} forerunner, and prepared subjects for the preaching of Christ; and Christ preached through Jerusalem on the same ground where John had preached; and when the apostles were raised up, they worked in Jerusalem, and Jesus commanded them to tarry there until they were endowed with power from on high. Had they not work to do in Jerusalem? They did work, and prepared a people for the Pentecost. The kingdom of God was with them before the day of Pentecost, as well as afterwards; and it was also with John, and he preached the same Gospel and baptism that Jesus and the apostles preached after him. The endowment was to prepare the disciples for their missions unto the world.

Whenever men can find out the will of God and find an administrator legally authorized from God, there is the kingdom of God; but where these are not, the kingdom of God is not. All the ordinances, systems, and administrations on the earth are of no use to the children of men, unless they are ordained and authorized of God; for nothing will save a man but a legal administrator; for none others will be acknowledged either by God or angels.

I know what I say; I understand my mission and business. God Almighty is my shield; and what can man do if God is my friend? I shall not be sacrificed until my time comes; then I shall be offered freely. All flesh is as grass, and a governor is no better than other men; when he dies he is but a bag of dust. I thank God for preserving me from my enemies; I have no enemies but for the truth's sake. I have no desire but to do all men good. I feel to pray for all men. We don't ask any people to throw away any good they have got; we only ask them to come and get more. What if all the world should embrace this Gospel? They would then see eye to eye, and the blessings of God would be poured out upon the people, which is the desire of my whole soul. Amen.

Monday, 23.--Was at home, and wrote the editor of the Wasp as follows:

The Prophet on Participation in Politics.

DEAR SIR:--I have of late had repeated solicitations to have something to do in relation to the political farce about dividing the county; but as my feelings revolt at the idea of having anything to do with politics, I have declined, in every instance, having anything to do on the subject. I think it would be well for politicians to regulate their own affairs. I wish to be let alone, that I may attend strictly to the spiritual welfare of the Church.

Please insert the above, and oblige

Nauvoo, Jan. 23, 1843. JOSEPH SMITH.

{260} In the evening rode with Emma to see Dr. Richards, who was sick, at the old postoffice building, up the river.

Elder John Snyder returned from his mission to England.

Tuesday, 24.--Was at home till noon, when I rode out with Emma. Evening, attended the Masonic Lodge.

Wednesday, 25.--Was about home.

Thursday, 26.--In the afternoon rode to the Temple, and afterwards to William Clayton's.

Friday, 27.--Rode on the prairie with William Clayton. Dined at Brother Cornelius P. Lott's.

Saturday, 28.--Played ball with the brethren a short time. Rode round the city with Mr. Taylor, a land agent from New York. Some snow fell, the ice began to give way in the river, and a steamer that had wintered at Montrose went over the rapids.

Sunday, 29.--I attended meeting at the Temple. After reading the parable of the prodigal son, and making some preliminary remarks, I stated that there were two questions which had been asked me concerning my subject of the last Sabbath, which I had promised to answer in public, and would improve this opportunity.

The Greatness and Mission of John the Baptist.

The question arose from the saying of Jesus--"Among those that are born of women there is not a greater prophet than John the Baptist; but he that is least in the kingdom of God is greater than he." How is it that John was considered one of the greatest of prophets? His miracles could not have constituted his greatness.

First. He was entrusted with a divine mission of preparing the way before the face of the Lord. Whoever had such a trust committed to him before or since? No man.

Secondly. He was entrusted with the important mission, and it was required at his hands, to baptize the Son of Man. Whoever had the honor of doing that? Whoever had so great a privilege and glory? Whoever led the Son of God into the waters of baptism, and had the privilege of beholding the Holy Ghost descend in the form of a dove, {261} or rather in the sign of the dove, in witness of that administration? The sign of the dove was instituted before the creation of the world, a witness for the Holy Ghost, and the devil cannot come in the sign of a dove. The Holy Ghost is a personage, and is in the form of a personage. It does not confine itself to the form of the dove, but in sign of the dove. The Holy Ghost cannot be transformed into a dove; but the sign of a dove was given to John to signify the truth of the deed, as the dove is an emblem or token of truth and innocence.

Thirdly. John, at that time, was the only legal administrator in the affairs of the kingdom there was then on the earth, and holding the keys of power. The Jews had to obey his instructions or be damned, by their own law; and Christ Himself fulfilled all righteousness in becoming obedient to the law which he had given to Moses on the mount, and thereby magnified it and made it honorable, instead of destroying it. The son of Zacharias wrested the keys, the kingdom, the power, the glory from the Jews, by the holy anointing and decree of heaven, and these three reasons constitute him the greatest prophet born of a woman.

Second question:--How was the least in the kingdom of heaven greater than he?

In reply I asked--Whom did Jesus have reference to as being the last? Jesus was looked upon as having the least claim in God's kingdom, and [seemingly] was least entitled to their credulity as a prophet; as though He had said--"He that is considered the least among you is greater than John--that is I myself."

The Parables of Jesus and the Interpretation of the Scriptures.

In reference to the prodigal son, I said it was a subject I had never dwelt upon; that it was understood by many to be one of the intricate subjects of the scriptures; and even the Elders of this Church have preached largely upon it, without having any rule of interpretation. What is the rule of interpretation? Just no interpretation at all. Understand it precisely as it reads. I have a key by which I understand the scriptures. I enquire, what was the question which drew out the answer, or caused Jesus to utter the parable? It is not national; it does not refer to Abraham, Israel or the Gentiles, in a national capacity, as some suppose. To ascertain its meaning, we must dig up the root and ascertain what it was that drew the saying out of Jesus.

While Jesus was teaching the people, all the publicans and sinners drew near to hear Him; "and the Pharisees and scribes murmured, saying, This man receiveth sinners, and eateth with them." This is the key word which unlocks the parable of the prodigal son. It was given to answer the murmurings and questions of the Sadducees and Pharisees, {262} who were querying, finding fault, and saying, "How is it that this man as great as He pretends to be, eats with publicans and sinners?" Jesus was not put to it so, but He could have found something to illustrate His subject, if He had designed it for a nation or nations; but He did not. It was for men in an individual capacity; and all straining on this point is a bubble. "This man receiveth sinners and eateth with them." And he spake this parable unto them--"What man of you, having an hundred sheep, if he lose one of them, doth not leave the ninety-and-nine in the wilderness, and go after that which is lost, until he find it? And when he hath found it, he layeth it on his shoulders, rejoicing. And when he cometh home, he calleth together his friends and neighbors, saying unto them, Rejoice with me; for I have found my sheep which was lost. I say unto you, that likewise joy shall be in heaven over one sinner that repenteth, more than over ninety-and-nine just persons which need no repentance." The hundred sheep represent one hundred Sadducees and Pharisees, as though Jesus had said, "If you Sadducees and Pharisees are in the sheepfold, I have no mission for you; I am sent to look up sheep that are lost; and when I have found them, I will back them up and make joy in heaven." This represents hunting after a few individuals, or one poor publican, which the Pharisees and Sadducees despised.

He also gave them the parable of the woman and her ten pieces of silver, and how she lost one, and searching diligently, found it again, which gave more joy among the friends and neighbors than the nine which were not lost; like I say unto you, there is joy in the presence of the angels of God over one sinner that repenteth, more than over ninety-and-nine just persons that are so righteous; they will be damned anyhow; you cannot save them.

{263}

Spotted a typo or a problem in this chapter? Tell us

Chapter XIV

PROVISIONS FOR THE ENLARGEMENT OF THE MUNICIPAL GOVERNMENT OF NAUVOO--SUNDRY ACTIVITIES OF THE PROPHET--KEYS OF KNOWLEDGE BY WHICH ANGELIC ADMINISTRATIONS MAY BE KNOWN--THE PROPHET'S PARABLE, "THE LIONS OF THE PRESS."

Monday, January 30, 1843.--Spent the day at home until six in the evening, when I presided in the city council, where much business was transacted, the most important of which was a bill reported by a committee, [providing for the enlargement of the municipal government of Nauvoo.]

[The enactment provided for certain officers in addition to those named in the charter; namely, city engineer, market master, weigher and sealer of weights and measures, a fire warden in each ward of the city, a sexton and police officer to act under the direction of the mayor as captain of the watch, and a supervisor of streets and allies. It also provided for the preservation of good order in the city, keeping clear streets and alleys, defining nuisances and providing against them. Providing for the prevention of fires, defining the duties of the city watch, and providing for a public market place, etc., etc.--EDITORS.]

Tuesday, 31.--At home all day. A severe snowstorm.

Thursday, February 2, 1843.--Spent the day at home. The weather extremely cold.

Towards evening I rode on to the hill to enquire about the caucus which was held there the previous evening, Davidson Hibbard presiding, and Brother Benjamin L. Clapp, chief speaker, reporting that Joseph and Hyrum had attempted to take away the rights of the citizens, referring {264} to the election of the last city council. I corrected the error and returned home.

[Sidenote: Scripture Correction.]

"The Spirit maketh intercession for us with groanings and cannot be uttered." It would be better thus:--"The Spirit maketh intercession for us with striving which cannot be expressed."

Friday, 3.--This morning, read German; at eleven, walked out in the city; returned at a quarter past twelve; read proof of "Doctrine and Covenants," which is now being stereotyped.

Brother John Mayberry sent me a cow to assist in bearing my expenses at Springfield.

Saturday, 4.--At home till one o'clock in the afternoon, when I attended the general city election caucus at the Temple, where all things were amicably settled and mutual good feelings restored to all parties. Brother Clapp made a public confession for the speech which he made at a former caucus.

I returned home at about four o'clock, and was visited by Amasa M. Lyman. I told him that I had restored Orson Pratt to the quorum of the Twelve Apostles, and that I had concluded to make Brother Amasa a counselor to the First Presidency.

In the evening presided in the municipal court.

Sunday, 5.--At home, reading German.

[Sidenote: Result of City Election.]

Monday, 6.--Spent the forenoon at the election of mayor, aldermen and councilors for the city, to serve during the next two years, at Brother Hyrum Smith's office. Dined at home. One o'clock, afternoon, Thomas Moore came in and enquired about a home. I blessed him and said, God bless you for ever and ever! May the blessings of Abraham, Isaac and Jacob rest upon you for ever and ever; and may you sit on thrones high and lifted up, in the name of Jesus Christ. Amen.

When I returned to the election, Joseph Smith was elected mayor by unanimous vote. Orson Spencer, Daniel {265} H. Wells, George A. Smith, and Stephen Markham were elected aldermen. Hyrum Smith, John Taylor, Orson Hyde, Orson Pratt, Sylvester Emmons, Heber C. Kimball, Benjamin Warrington, Daniel Spencer, and Brigham Young were elected councilors.

[Sidenote: A Stolen Record Secured.]

Tuesday, 7.--This forenoon attended a council of the Twelve Apostles at the house of President Brigham Young. This afternoon I sent a search warrant to Hyrum Kimball's for the purpose of obtaining a book of patriarchal blessing; given by Father Joseph Smith, which was stolen from Far West. The warrant was issued on the affidavit of Jonathan H. Holmes, and the book obtained. In the evening Hyrum Kimball came to my house for an explanation, and I informed him that the book was the property of the Church; that it had been stolen, and after passing through various hands, had been secured by Oliver Granger, while acting as agent for the Church at Kirtland, and should have been given up by him. I have since been informed that Sister Sarah, Hyrum Kimball's wife, had procured the book of her brother, son of Oliver Granger, for the purpose of returning it to the Church; but, being under a pledge to her brother not to give up the book until he had seen her again, she had neglected to mention it to me.

Elder Parley P. Pratt arrived home from England this evening.

[Sidenote: A Prophet not Always a Prophet.]

Wednesday, 8.--This morning, I read German, and visited with a brother and sister from Michigan, who thought that "a prophet is always a prophet;" but I told them that a prophet was a prophet only when he was acting as such. After dinner Brother Parley P. Pratt came in: we had conversation on various subjects. At four in the afternoon, I went out with my little Frederick, to exercise myself by sliding on the ice.

{266} The public papers say that Point Petre, in Guadaloupe, was totally destroyed, and ten thousand persons supposed to have been killed by an earthquake.

Thursday, 9.--Part of the forenoon I spent at the Masonic Hall, conversing with Mr. Rennick, of Keokuk, and trying to effect a settlement with him. He promised to let me have some notes on a paper maker in Louisville, towards paying me, and then went off contrary to promise. I also had a conversation with Master Nye, and read several letters, one from Judge Young, and directed the following in reply:

Joseph Smith to Hon. R. M. Young (U. S. Senator)--Payment of Loan, and Nauvoo Postoffice Matters.

Hon. R. M. Young, City of Washington:

DEAR SIR:--I have this day received your favor of the 7th ult., covering one from John C. Walsh, and barely state in this, that I shall despatch a messenger immediately to Quincy, to deposit the $500 in the hands of General Leach, according to your instructions; but seeing that I had little time to lose, I concluded to send this by the first mail to inform you of my intentions. My next, in which I shall enclose General Leach's receipt, together with my obligations, will be mailed at Quincy, and may be expected three days after you receive this.

I shall not be able to obtain George Miller's name as security, he being at this time several hundred miles north of Nauvoo, and is not expected back until spring. I can, however, obtain the signature of Mr. Edward Hunter, late from Chester county, Pennsylvania, who owns about twenty thousand dollars worth of property in this vicinity, and probably as much more in the east, which I presume will be entirely satisfactory to Mr. Walsh, instead of Mr. Miller. Judge Higbee's name will be on the obligations.

When you receive this, you may expect the other three days later. All the difference will be the time required to go from here to Quincy and do the business.

Some time ago, a petition, signed by the principal inhabitants of this city, praying the postmaster-general to remove the present Nauvoo postmaster and appoint another in his stead, was put in the hands of C. A. Warren, Esq., of Quincy, with a request that he would hand it to you about the time you left for Washington. We have not yet heard whether Mr. Warren handed it to you or neglected to do so, but we feel extremely anxious to learn something on the subject, as the citizens generally are suffering severely from the impositions and dishonest {267} conduct of the postmaster and those connected with the postoffice in this city. The petition was accompanied by some affidavits, proving that letters had frequently been broken open, money detained, and letters charged twice over, &c, &c., at this office, the repeated occurrence of which circumstances caused the people to be anxious for an immediate change. It will be seen by the petition, that I was nominated for the office. I can only say that, if I receive the appointment, I shall do my utmost to give general satisfaction. Whoever may be appointed, it is necessary, in my estimation, to have it done as soon as circumstances will possibly admit.

Accept, sir, of my sincere acknowledgments for past favors, which are not forgotten, and accept of the best wishes and sincere thanks of yours respectfully,

JOSEPH SMITH.

By William Clayton, his agent.

Spent most of the day in conversation with Parley P. Pratt and others.

REVELATION. [A]

[Footnote A: See Doctrine and Covenants, sec. cxxix.]

Three Grand Keys by which Good or Bad Angels or Spirits may be Known--Revealed to Joseph the Prophet, at Nauvoo, Illinois, February 9, 1843.

There are two kinds of beings in heaven--viz., angels, who are resurrected personages, having bodies of flesh and bones. For instance, Jesus said, "Handle me and see, for a spirit hath not flesh and bones, as ye see me have." 2nd. The spirits of just men made perfect--they who are not resurrected, but inherit the same glory. When a messenger comes, saying he has a message from God, offer him your hand, and request him to shake hands with you. If he be an angel he will do so, and you will feel his hand. If he be the spirit of a just man made perfect, he will come in his glory; for that is the only way he can appear. Ask him to shake hands with you, but he will not move, because it is contrary to the order of heaven for a just man to deceive; but he will still deliver his message. If it be the devil as an angel of light, when you ask him to shake hands he will offer you his hand, and you will not feel anything; you may therefore detect him. These are three grand keys whereby you may know whether any administration is from God.

[Sidenote: Items of the Prophet's Experience.]

A man came to me in Kirtland, and told me he had seen an angel, and described his dress. I told him he had seen no angel, and that there was no such dress in heaven. He grew mad, and went into the street and commanded fire to come {268} down out of heaven to consume me. I laughed at him, and said, You are one of Baal's prophets; your God does not hear you; jump up and cut yourself; and he commanded fire from heaven to consume my house.

When I was preaching in Philadelphia, a Quaker called out for a sign. I told him to be still. After the sermon, he again asked for a sign. I told the congregation the man was an adulterer; that a wicked and adulterous generation seeketh after a sign; and that the Lord had said to me in a revelation, that any man who wanted a sign was an adulterous person. "It is true," cried one, "for I caught him in the very act," which the man afterwards confessed, when he was baptized.

[Sidenote: Boston Conference.]

A conference was held at Boylston Hall, Boston, when fourteen branches of the Church in Boston and the vicinity were represented, comprising seven hundred and ninety-three members, thirty-three elders, forty-three lesser officers, most of whom had been raised up in about fifteen months. Elder George J. Adams, E. P. Maginn, Erastus Snow, Erastus H. Derby, and others, took active parts in the conference.

[Sidenote: Interview with John. B. Cowan.]

Friday, 10.--After conversation with Mr. John B. Cowan, and others, I reviewed the history of the mob in Hiram, Portage county, Ohio, on the 25th of March 1832, and my first journey to Missouri. At three o'clock, afternoon, attended a council of the Twelve Apostles at my house. Of the Twelve there were present Brigham Young, Heber C. Kimball, Orson Hyde, Parley P. Pratt, Orson Pratt, Wilford Woodruff, John Taylor, George A. Smith and Willard Richards. I requested that all business be presented briefly and without comments, and told the council that I had an interview with Mr. Cowan this morning; that he was delegated by the inhabitants of Shokoquon (which is twenty miles above this place on the river) to come to Nauvoo, and petition that "a talented Mormon preacher take up his residence with them, they would find him a good house and give him support, and {269} with liberty for him to invite as many 'Mormons' to settle in that place as may please so to do." Council decided that Brother John Bear go and preach to them.

I suggested that a general meeting be called in the city in relation to the postoffice and other things, and instructed the council to call Elder George J. Adams to Nauvoo, with his family, and to say that he is ordered to come by the First Presidency, and that he preach no more till he comes.

[Sidenote: Case of Oliver Olney.]

At five o'clock, I opened a mayor's court at my house, when John D. Parker, deputy sheriff, presented Oliver Olney before the court for stealing goods from the store of Moses Smith on the 23rd of January, when Olney declared before the court that he had been visited many times by the Ancient of Days; that he sat with him on the 9th, 10th and 11th of last June, and should sit in counsel again with him on Tuesday next; that he had had a mission from him to the four quarters of the world; that he had been and established the twelve stakes of Zion, and had visited them all, except one in the south; that he had suffered much for two or three years for want of clothing; that he despised a thief, except when he stole to clothe himself; that he opened the store of Moses Smith on the 23rd of January, and took out the goods then present (several hundred pieces) hid them in the cornfield, and carried them home from time to time, under the same roof with Mr. Smith, and that no one knew anything about the robbery but himself.

Olney was once a member of the Church of Jesus Christ of Latter-day Saints, but had been cut off a considerable time previous. He declared that the Church never taught him to steal; and I have written his voluntary confession here, that others may take warning and behave themselves in such a manner that they shall not be cut off the Church; for if they are the Spirit of the living God will depart from them, and they may be left to a {270} worse spirit of delusion and wickedness than even Oliver Olney, who never saw the Ancient of Days nor anything like him. But on the testimony presented, I bound him over to the next circuit court for trial, in the sum of five thousand dollars; and for want of bail, he was committed to Carthage jail.

Saturday 11.--This day had an interview with Elder Rigdon and his family. They expressed a willingness to be saved. Good feelings prevailed, and we again shook hands together.

[Sidenote: The Prophet on Pay for Public Service.]

At ten o'clock attended the city council. I prophesied to James Sloan, city recorder, that it would be better for him ten years hence, not to say anything more about fees; and addressed the new council, urging the necessity of their acting upon the principle of liberality, and of relieving the city from all unnecessary expenses and burdens, and not attempt to improve the city, but enact such ordinances as would promote peace and good order; and the people would improve the city; capitalists would come in from all quarters and build mills, factories, and machinery of all kinds; new buildings would arise on every hand, and Nauvoo would become a great city. I prophesied that if the council would be liberal in their proceedings, they would become rich, and spoke against the principle of pay for every little service rendered, and especially of committees having extra pay for their services; reproved the judges of the late election for not holding the polls open after six o'clock, when there were many wishing to vote.

Dr. Robert D. Foster took an active part in electioneering for the opposition ticket and obstructing the passage to the polls. The council elected James Sloan, city recorder; Henry G. Sherwood, Marshal; William Clayton, treasurer; approved W. W. Phelps as mayor's clerk; Dimick B. Huntington, William D. Huntington, Lewis Robison and John Barker, constables; Alanson Ripley, surveyor; James Allred, supervisor of streets; Dimick B. Huntington, {271} coroner; James Sloan, notary public; Theodore Turley, weigher and sealer; H. G. Sherwood, market master; W. W. Phelps, fire warden; Sidney Rigdon, city attorney; and Samuel Bennett, market inspector for the city.

A board of health was established, to consist of Joseph Smith, William Law, William Marks and Samuel Bennett.

[Sidenote: Nauvoo Market Place Proposed.]

The council resolved that a market be established in the city. It was proposed to build two markets. But I told the council that if we began too large, we should do nothing; we had better build a small one at once, to be holden by the corporation; and that if that would support itself, we could go on to build another on a larger scale; that the council should hold an influence over the prices of markets, so that the poor should not be oppressed, and that the mechanic should not oppress the farmer; that the upper part of the town had no right to rival those on the river. Here, on the bank of the river, was where we first pitched our tents; here was where the first sickness and deaths occurred; here has been the greatest suffering in this city. We have been the making of the upper part of the town. We have located the Temple on the hill, and they ought to be satisfied. We began here first; and let the market go out from this part of the city; let the upper part of the town be marketed by wagons, until they can build a market; and let the first market be established on the rising ground on Main Street, about a quarter of a mile north of the river. Council continued through the day.

Mother came to my house to live.

Elders Young and Richards wrote George J. Adams, notifying him to come to Nauvoo, according to the decision of the council, and answer to the charges of adultery which had been preferred against him, before the First Presidency.

[Sidenote: The Prophet on "Millerism."]

Sunday, 12.--Seven or eight young men came to see me, part of them from the city of New York. They {272} treated me with the greatest respect. I showed them the fallacy of Mr. Miller's data concerning the coming of Christ and the end of the world, or as it is commonly called, Millerism, [B] and preached them quite a sermon; that error was in the Bible, or the translation of the Bible; that Miller was in want of correct information upon the subject, and that he was not so much to blame as the translators. I told them the prophecies must all be fulfilled; the sun must be darkened and the moon turned into blood, and many more things take place before Christ would come.

[Footnote B: Millerism here referred to is the sum of the doctrines taught by William Miller, an American religious zealot who emphasized in his religious teachings the Millennial Reign of Christ on earth, which reign, he declared, as early as 1831, would commence in the year 1843. His predictions were based largely upon computations of time on the prophecies of Daniel and the Book of Revelation. After the great disappointment which came to his followers in 1843, they abandoned all attempts at fixing the date on which the second advent of Christ would take place, but otherwise continued to believe in the doctrines advocated by Mr. Miller. "There are several divisions or sects of Adventists, the principal of which are: the Advent Christians, the largest; the Seventh-day Adventists, much smaller, but more compactly organized; and the Evangelical Adventists, the smallest. The members of the first two believe in the final annihilation of the wicked, which those of the third reject. The second observe the seventh day as the Sabbath, and believe in the existence of the spirit of prophecy among them; they maintain missions in various parts of the world, and a number of institutions at Battle Creek, Michigan, their headquarters."--Century Dictionary.]

Monday, 13.--Elder Rigdon came in early in the morning, and gave a brief history of our second visit to Jackson county, Missouri. I then read awhile in German and walked out in the city with Elder Hyde, returning at twelve o'clock. Brother John C. Annis called for counsel. The marshal called, and informed me that Mr. Rollison was trying to get the postoffice, and that Dr. R. D. Foster was the first to sign the petition. I gave instruction about a bond for a part of a lot to Brother John Oakley. A quarter before four, went to the printing office with Brother W. W. Phelps.

I spent the evening at Elder Orson Hyde's. In the course of conversation I remarked that those brethren who came here having money, and purchased without the {273} Church and without counsel, must be cut off. This, with other observations, aroused the feelings of Brother Dixon, from Salem, Massachusetts, who was present, and he appeared in great wrath.

I received the following communication:

Rigdon's Suggested Petition as to Nauvoo Postmaster.

To the Hon. Mr. Bryant, Second Assistant Postmaster-General:

We, your petitioners, respectfully beg leave to submit that as an attempt is now, by certain individuals, being made to place the postoffice in this place into the hands of William H. Rollison, a stranger in our place, and one whose conduct since he came here, has been such as to forbid our having confidence in him; and we do hope and pray, both for ourselves, and that of the public, that he may not receive the appointment of postmaster in Nauvoo, Illinois, but that the present postmaster may continue to hold the office.

Brother Joseph Smith, if the foregoing can have a number of respectable subscribers, I believe Rollison cannot get the office. I should like to have it so as to send it on Sunday's mail. Respectfully,

SIDNEY RIGDON.

Tuesday, 14.--Sent William Clayton to Quincy, and by him deposited five hundred dollars with General Leach, for Mr. Walsh, for land which lies between my farm and the city, agreeable to my letter to Judge Young.

Read proof of the "Doctrine and Covenants" with Brother Phelps. Read in German from half-past nine to eleven, forenoon. Had the stove removed from the large room in my house into a small brick building which was erected for a smoke house, designing to use it for a mayor's office, until I could build a new one. Had much conversation with Mr. Cowan and various individuals.

Sold Dr. Richards a cow.

Wednesday, 15.--This morning I spent some time in changing the top plate of the office stove, which had been put together wrong. Read a libelous letter in the Alton Telegraph, written to Mr. Bassett, of Quincy, concerning Judge Pope, Mr. Butterfield, and the ladies attending my late trial at Springfield; and published the following letter in the_ Times and Seasons_:

{274} Joseph Smith's Parable--the Lions of the Press.

Mr. Editor:

SIR:--Ever since I gave up the editorial department of the Times and Seasons, I have thought of writing a piece for publication, by way of valedictory, as is usual when editors resign the chair editorial. My principal remarks I intend to apply to the gentlemen of the quill, or, if you please, that numerous body of respectable gentlemen who profess to regulate the tone of the public mind in regard to politics, morality, religion, literature, the arts and sciences, &c., &c.,--viz., the editors of the public journals; or, if you please, I will designate them the lions of the forest. This latter cognomen, sir, I consider to be more appropriate because of the tremendous noise that they make when they utter their voice.

It came to pass that, as I went forth like a young fawn, one day, to feed upon the green grass in my pasture, an ass saw me and brayed, and made a great noise, which a neighboring lion hearing, roared, even as a lion roareth when he beholds his prey. At the sound of his voice, the beasts of the field were alarmed, and the lions in the adjoining jungles pricked up their ears and roared in their turn; and behold all the lions of the forest, alarmed by their noise, opened their mouths and uttered forth their voice, which was as the roaring of a cataract, or as the voice of thunder; so tremendous was their roaring, that the trees of the forest shook, as if they were shaken by a mighty wind, and all the beasts of the forest trembled as if a whirlwind were passing.

I lifted up mine eyes with astonishment when I heard the voice of the lions, and saw the fury of their rage. I asked, is it possible that so many lords of the forest, such noble beasts should condescend to notice one solitary fawn that is feeding alone upon his pasture, without attempting to excite either their jealousy or anger? I have not strayed from the fold, nor injured the trees of the forest, nor hurt the beasts of the field, nor trampled upon their pasture, nor drunk of their streams. Why, then, their rage against me? When lo! and behold! they again uttered their voices, as the voice of great thunderings, and there was given unto them the voice of men; but it was difficult for me to distinguish what was said among so many voices; but ever and anon I heard a few broken, incoherent sentences like the following: "Murder! Desolation! Bloodshed! Arson! Treason! Joe Smith and the Mormons! Our nation will be overturned! The impostor should be driven from the state! The fawn will be metamorphosed into a lion--will devour all the beasts of the field, destroy all the trees of the forest, and tread under foot all the rest of the lions!"

I then lifted up my voice and said, Hear me, ye beasts of the forest! and all ye great lions, pay attention! I am innocent of the things {275} whereof ye accuse me. I have not been guilty of violating your laws, nor of trespassing upon your rights. My hands are clean from the blood of all men, and I am at the defiance of the world to substantiate the crimes whereof I am accused; wherefore, then should animals of your noble mien stoop to such little jealousies, such vulgar language, and lay such unfounded charges at the door of the innocent?

It is true that I once suffered an ass to feed in my pasture. He ate at my crib and drank at my waters; but possessing the true nature of an ass, he began to foul the water with his feet, and to trample under foot the green grass and destroy it. I therefore put him out of my pasture, and he began to bray. Many of the lions in the adjoining jungles, mistaking the braying for the roaring of a lion, commenced roaring. When I proclaimed this abroad many of the lions began to enquire into the matter. A few, possessing a more noble nature than many of their fellows, drew near, and viewing the animal found that he was nothing more than a decrepit, broken down, worn out ass, that had scarcely anything left but his ears and voice.

Whereupon many of the lions felt indignant at the lion of Warsaw, the lion of Quincy, the lion of Sangamon, the lion of Alton, and several other lions, for giving a false alarm, for dishonoring their race, and for responding to the voice of so base an animal as an ass. And they felt ashamed of themselves for being decoyed into such base ribaldry and foul-mouthed slander. But there were many that lost sight of their dignity, and continued to roar, although they knew well that they were following the braying of so despicable a creature.

Among these was a great lion, whose den was on the borders of the Eastern Sea. He had waxed great in strength. He had terrible teeth, and his eyes were like balls of fire. His head was large and terrific, and his shaggy mane rolled with majestic grandeur over his terrible neck. His claws were like the claws of a dragon, and his ribs were like those of a Leviathan. When he lifted himself up, all the beasts of the field bowed with respectful deference; and when he spake, the whole universe listened; and the cinders of his power covered creation. His might, his influence, were felt to the ends of the earth. When he lashed his tail, the beasts of the forest trembled; and when he roared, all the great lions and the young lions crouched down at his feet. [C]

[Footnote C: This alludes to the New York Herald, published by James Gordon Bennett, who had been influenced by the misrepresentation of affairs at Nauvoo, by John C. Bennett.]

This great lion lifting up himself and beholding the fawn afar off, he opened his mouth, and, joining in the common roar, uttered the following great swelling yelp:--

"Joe Smith in Trouble.--By a letter which we published on Sunday, {276} from Springfield, Illinois, it appears that Joe Smith, the great Mormon Prophet, has at last given himself up to the authorities of Illinois. He is charged with fomenting or conspiring to assassinate Governor Boggs, of Missouri, and is demanded by the functionary of that state of the governor of Illinois. Joe has taken out a writ of habeas corpus, denying the fact, and is now waiting the decision of the court at Springfield. This will bring Joe's troubles to a crisis. In the meantime, why does not Joe try his power at working a miracle or two? Now's the time to prove his mission, besides being very convenient for himself."

When I heard it, I said, "Poor fellow! How has thy dignity fallen! and how has thy glory departed? Thou that once ranked among the foremost of the beasts of the field, as the lord of the forest!--even thou hast condescended to degrade thyself by uniting with the basest of animals, and to join in with the braying of an ass."

And now, friend B., allow me to whisper a word in thine ear. Dost thou not know that there is a God in the heavens that judgeth--that setteth up one and putteth down another, according to the counsel of his own will? That if thou possessest any influence, wisdom, dominion, or power, it comes from God, and to him thou art indebted for it? That he holds the destiny of men in his power, and can as easily put down as he has raised up? Tell me, when hast thou treated a subject of religious and eternal truth with that seriousness and candor that the importance of the subject demands from a man in thy standing, possessing thy calling and influence? As you seem to be quite a theologist, allow me to ask a few questions. Why did not God deliver Micaiah from the hands of his persecutors? Why did not Jeremiah "work a miracle or two" to help him out of the dungeon? It would have been "very convenient." Why did not Zachariah, by a miracle, prevent the people from slaying him? Why did not our Savior come down from the cross? The people asked Him to do it; and besides, He had "saved others," and could not save Himself, so said the people. Why did He not prove His mission by working a miracle and coming down? Why did not Paul, by a miracle, prevent the people from stoning and whipping him? It would have been "very convenient." Or why did the Saints of God in every age have to wander about in sheep-skins or goat-skins, being tempted, tried, and sawn asunder, of whom the world was not worthy? I would here advise my worthy friend, before he talks of "proving missions," "working miracles," or any "convenience" of that kind, to read his Bible a little more, and the garbled stories of political demagogues less.

I listened, and lo! I heard a voice, and it was the voice of my Shepherd, saying, Listen, all ye lions of the forest; and all ye beasts of the field, give ear. Ye have sought to injure the innocent, and your {277} hands have been lifted against the weak, the injured, and the oppressed. Ye have pampered the libertine, the calumniator, and the base. Ye have winked at vice, and trodden under foot the virtuous and the pure. Therefore hear, all ye lions of the forests: The Lord God will take from you your teeth, so that you shall no longer devour. He will pluck out your claws, so that you can no longer seize upon your prey. Your strength will fail you in the day of trouble, and your voice will fail, and not be heard afar off; but mine elect will I uphold with mine arm, and my chosen shall be supported by my power. And when mine anointed shall be exalted, and all the lions of the forest have lost their strength, then shall they remember that the Lord he is God.

JOSEPH SMITH.

I copy the following from the public prints:--

Horrors of a British-Chinese War.

An English officer, writing to his friend in England, from Ching Keang Foo, says--"I never saw such loss of life and property as took place here: we lost officers and men enough, but it is impossible even to compute the loss of the Chinese; for when they found they could stand no longer against us, they cut the throats of their wives and children, or drove them into wells and ponds, and then destroyed themselves. In many houses there were from eight to twelve bodies, and I myself have seen a dozen women and children drowning themselves in a small pond the day after the fight. The whole of the city and suburbs are a mass of ruins: whole streets have been burnt down." Oh, the horrors of Christian warfare!

About one o'clock in the afternoon I started for Shokoquon, with Mr. John B. Cowan and Elders Orson Hyde and Parley P. Pratt, in sleighs. When we came on the prairie, it was so extremely cold, I proposed to Mr. Cowan to wait till tomorrow; but he chose to go forward, and we arrived in safety at Mr. Rose's, where we had supper; and in the evening I gave a long exposition of Millerism. That night I slept with Mr. Cowan.

{278}

Spotted a typo or a problem in this chapter? Tell us

Chapter XV

VISIT OF THE PROPHET TO SHOKOQUON--WOOD CUTTING BEE--THE PROPHET'S SPEECH ON CONDITIONS AT NAUVOO--ON THE COMING OF THE SON OF MAN.

[Sidenote: The Visit to Shokoquon.]

Thursday, February 16, 1843.--After breakfast, we [the Prophet, Mr. Cowan and their party] proceeded towards Shokoquon. After traveling five miles, Brothers Hyde and Pratt's sleigh upset. Brother Hyde hurt his hand; the horse ran away, and we brought it back. After dinner, at McQueen's Mills, we went to Shokoquon, viewed the place and found it a very desirable location for a city, when we returned to the place where we dined. Elder Hyde prayed and I preached to a large and attentive audience two hours (from Rev. xix, 10), and proved to the people that any man that denied himself as being a prophet was not a preacher of righteousness. They opened their eyes, and appeared well pleased. When we had returned as far as McQueen's Mills, Mr. Cowan halted and proposed to call. While waiting a moment, Mr. Crane's horse, (Mr. Crane came with our company,) which was behind us, ran and jumped into our sleigh as we jumped out, and thence over our horse and the fence, sleigh and all, the sleigh being still attached to the horse, and the fence eight rails high; and both horses ran over lots and through the woods, clearing themselves from the sleighs, and had their frolic out without hurting themselves or drivers. It was a truly wonderful feat, and as wonderful a deliverance for the parties. We took supper at Mr. Crane's, and I stayed at Mr. Rose's that night.

{279} Dr. Richards invited the brethren to come to my house on Monday next to chop and pile up my wood.

[Sidenote: The Prophet at Home.]

Friday, 17.--Mr. Cowan returned with me to my house, where we arrived about noon; and I enjoyed myself by my own fireside with many of my friends around me, the remainder of the day. Mr. Cowan proposed to give me one-fourth of the city lots in Shokoquon.

Saturday, 18.--Mostly about home and at the office. Several called for counsel on points of law. Esquire Warren, of Quincy, called on me. He had hurt his horse, and said it was not the first time he had missed it by not following my advice. While at dinner, I remarked to my family and friends present, that when the earth was sanctified and became like a sea of glass, it would be one great urim and thummim, and the Saints could look in it and see as they are seen. [A]

[Footnote A: This is the first mention made in the history of the Prophet of this idea which receives its fuller development in "Important Items of Instruction" given by him on the second of April, 1843, and found at length in the Doctrine and Covenants, section 130. In these "Items of Instruction" we learn that the place where God resides is a great urim and thummim, that the earth itself when sanctified and made an immortal sphere will be a urim and thummim to the inhabitants who dwell upon it, whereby all things pertaining to inferior kingdoms will be revealed to them, and to each of such inhabitants an individual urim and thummim will be given through which knowledge pertaining to kingdoms of a higher order will be revealed.]

Letter of the Twelve--Calling for Assistance for the Prophet.

The Twelve to the Church of Jesus Christ of Latter-day Saints in La Harpe, greeting:--

BELOVED BRETHREN:--We wish to present, briefly, one important item for your serious consideration. Our beloved President Joseph Smith is now delivered from the prosecution and oppression from without, by which he has been bound, and also by the same process has been relieved of his property; so that he has nothing now to hinder his devoting his time to the History of the Church and the spiritual interest thereof, except he has to spend his time in gathering food for his family.

This is the point, brethren, whether you will do your duty in supplying the President with food, that he may attend to the business of the {280} Church, and devote his whole time to the spiritual affairs thereof; or shall he attend to your business [i. e., that which the Saints ought to do for the Prophet] by running here and there for a bushel of wheat or a pound of beef and pork, while the revelations to the Church cease? This question is for the Church to answer. Therefore we call upon the brethren in La Harpe at this time, for immediate relief. You are all well aware that we do not raise wheat, corn, beef, pork, tallow, lard, butter, eggs, and provisions and vegetables in the city, such as you all use, not excepting cotton, or woollen goods, or groceries, [a fact] which you are all well acquainted with. And we are the same kind of beings in Nauvoo as in the country; and what you raise and eat in La Harpe, we would eat in Nauvoo, if we could get it, our President not excepted. And everything which is required to fill a larder in La Harpe is required in this place; and by this you may know what is wanting by our President to prosecute the Lord's work and bring about your salvation.

Brethren, we hope you will give an immediate answer to this by loaded teams or letter.

BRIGHAM YOUNG,

President.

WILLARD RICHARDS, Clerk.

NAUVOO, February 18, 1843.

[Sidenote: Settlement of a Difficulty.]

Sunday, 19.--Spent the day from nine in the morning till midnight, in the High Council, who were attending to the case of Wilson Law and Uriel C. Nickerson, who were in dispute about the title to certain lands on the Island. After hearing the testimony, I explained the laws of the United States, Iowa, and Illinois, and showed that Nickerson had the oldest claim and best right, and left it for Law to say how much Nickerson should have; and the parties shook hands, in token of a settlement of all difficulties.

The following is copied from the Times and Seasons:--

Letter of Sidney Rigdon to Alfred Stokes--Correcting Misrepresentations of Nauvoo Affairs.

NAUVOO, ILLINOIS. February 19, 1843.

Mr. Alfred Edward Stokes.

DEAR SIR:--In obedience to your request, I send you one number of each of the papers published in this place. I am well aware that designing men, for sinister purposes, have put in circulation reports concerning {281} the people here, which are so monstrous that it is a matter of surprise how any rational being could profess to believe them at all. If I were even to profess to believe such incredible and ridiculous nonsense about any people, I should consider the public would have sufficient cause to scorn me as the mere tool of corrupt and foul slanderers: but anything to stop the progress of that which cannot be stopped by fact and scripture truth. That man must have a large stock of moral courage who dare in anywise profess belief in such outlandish representations as are made in the public papers concerning the people of Nauvoo, and circulated orally by wicked and designing men. The old, stale story about common stock, in defiance of fact and truth, it would appear by your letter and that of your friend Evans, is professedly believed by the people in the vicinity of Waynesville, Ohio. This falsehood was invented by an ignorant blockhead, by the name of Matthew Clapp, who, for want of any other means to stop the progress of truth in its more incipient stages, invented this falsehood, and, finding it took with persons of his own stamp, circulated it with untiring perseverance, in direct opposition to the testimony of his senses, knowing, at the time he commenced circulating it, that it was false. He was a preacher of the Campbellite faith.

It would require the ignorance of barbarians and the credulity of savages to attempt a belief in the falsehoods which are circulated against the Saints with great zeal by many. I have never supposed that the authors of these defamatory tales ever expected the public would believe them; but they expected that men of corrupt minds, like themselves, would profess to believe them; neither do I now believe that those who profess to believe them do actually believe one word of them; but they profess to do it, thinking that, by so doing, they can make some headway against us: but it is a vain attempt; for every attempt of the kind has only excited inquiry, awakened curiosity, and caused investigation, which have, in every instance, resulted in an increase of members to the Church; so that we grant full license to all defamers to do their uttermost.

Our city is a great thoroughfare: people of all classes are crowding into it; multitudes who do not belong to the Church of Latter-day Saints are seeking locations where they can prosecute their respective callings. If you wish the papers, you can put the money into a letter, and the postmaster at your place will send it without expense.

Yours, with respect,

SIDNEY RIGDON, P.M.

[Sidenote: Beginning of the Work in South Wales.]

Elder William Henshaw having been directed by Elder Lorenzo Snow to go to South Wales, he commenced {282} preaching in the English language privately to several families in Pen y Darren, near Merthyr Tydvil, Glamorganshire. A number of the people believed his testimony, and this day he baptized William Rees Davis, his wife, and two of his sons, and commenced preaching publicly in Brother Davis's house, about one-third of the people only understanding the English language.

[Sidenote: Wood-cutting Bee at the Prophet's Home.]

Monday, 20.--About seventy of the brethren came together, according to previous notice, and drawed, sawed, chopped, split, moved, and piled up a large lot of wood in my yard. The day was spent by them with much pleasantry, good humor and feeling. A white oak log, measuring five feet four inches in diameter was cut through with a cross-cut saw, in four-and-a-half minutes, by Hyrum Dayton and Brother John Tidwell. This tree had been previously cut and hauled by my own hands and team.

From nine to eleven this morning, I was reading in German; and from eleven to twelve, held mayor's court on assumpsit, Charles R. Dana, v. William B. Brink, which was adjourned ten days.

Last night, Arthur Milliken had a number of books stolen, and found them this afternoon in Brother Hyrum's hayloft. Two boys, Thomas Morgan and Robert Taylor, were arrested on suspicion and brought before me for examination. After a brief investigation, the court adjourned until ten o'clock tomorrow morning.

[Sidenote: The Prophet a Peace Maker.]

While the court was in session, I saw two boys fighting in the street, near Mills' Tavern. I left the business of the court, ran over immediately, caught one of the boys (who had begun the fight with clubs,) and then the other; and, after giving them proper instruction, I gave the bystanders a lecture for not interfering in such cases, and told them to quell all disturbances in the street at the first onset. I returned to the {283} court, and told them that nobody was allowed to fight in Nauvoo but myself.

In the evening, called at Brother Heber C. Kimball's.

John Quincy Adams presented to the House of Representatives of the United States a petition signed by 51,863 citizens of Massachusetts, praying congress to pass such acts and propose such amendments to the Constitution as would separate the petitioners from all connection with the institution of slavery. [B]

[Footnote B: This was but one of a series of such petitions from New England which Mr. Adams presented to the House of Representatives. In fact upon his entrance as a member of the House, in 1831, (following his term as President of the United States) he had begun an agitation of the slavery question in Congress, but his contention in the main was for the maintenance of the sacred right of petition by the people, which right had undoubtedly been abridged by some unwise resolutions that had been adopted by the Congress of the United States. In 1838 a set of resolutions was adopted in the House by a vote of 146 to 52, in which, among other things, it was "Resolved, that petitions for the abolition of slavery in the District of Columbia and territories of the United States, and against the removal of slaves from one state to another, was part of the plan of operation set on foot to affect the institution of slavery in the southern states and thus tending, indirectly, to destroy that institution within their limits. * * * And that every petition, memorial, resolution, proposition, or paper touching or relating in any way or to any extent whatever to slavery as aforesaid, or the abolition thereof, shall on presentation thereof, without any further question thereon, be laid upon the table without being debated, printed, or referred." In the Congress of 1842, notwithstanding these resolutions, Mr. Adams, in January, presented a petition from the citizens of Haverhill, Massachusetts, "praying the immediate adoption of measures peaceably to desolve the union of these states, signed by Benjamin Emerson and four hundred and fifty-six other persons, in which the reasons of the petition were set forth with instructions to report an answer to the petitioners showing the reasons why the prayer of it ought not to be granted." (Stephens' History of the U. S.) Mr. Adams of course had no sympathy with this and many other petitions that he presented, but he held the right of petition to be sacred, and he continued the fight for it until he saw such changes in the rules of the House of Representatives as allowed petitions on the question of slavery to be received without objection and freely discussed.]

Tuesday, 21.--Opened mayor's court at ten o'clock forenoon, according to adjournment. Robert Taylor was again brought up for stealing, and Thomas Morgan for receiving the books, [referred to above] and each sentenced to six months imprisonment in Carthage jail.

[Sidenote: Temple Workers' Difficulties.]

At eleven I went to the Temple, and found a large assembly, and Brother Haws preaching about the Nauvoo House; after which, Mr. {284} Lucian Woodworth, the architect of the house, continued the subject and said "When I have had a pound of meat or a quart of meal, I have divided with the workmen. ['Pretty good doctrine for Paganism,' said I. At this time Mr. Woodworth was not baptized, and called himself the Pagan Prophet.] We have had about three hundred men on the job, and some of the best men in the world. Those that have not complained I want to continue with me; and those that hate 'Mormonism' and everything else that's good, I want them to get their pay and run away as quickly as possible." When Mr. Woodworth had done speaking, I addressed the multitude in substance as follows:--

Remarks of the Prophet to Workmen on the Temple.

Well, the Pagan Prophet has preached us a pretty good sermon this morning, and I don't know that I can better it much; but I feel disposed to break off the yoke of oppression, and say what I have a mind to. If the pagans and the Pagan Prophet feel more for our prosperity than we do for ourselves, it is curious; I am almost converted to his doctrine. He has prophesied that if these buildings go down, it will curse the place. I verily know it is true. Let us build the Temple. There may be some speculations about the Nauvoo House, say some. Some say, because we live on the hill, we must build up this part on the hill. Does that coat fit you, Dr. Foster? (Foster: "Pretty well.") Put it on, then. This is the way people swell, like the toad in the fable. They'll come down under the hill among little folks and say, "Brother Joseph, how I love you; can I do anything for you?" and then go away secretly and get up opposition, and sing out our names to strangers and scoundrels with an evil influence. I want all men to feel for me, when I have shook the bush and borne the burden in the heat of the day; and if they do not, I speak in authority, in the name of the Lord God, they shall be damned.

Some say that the people on the flats are aggrandizing themselves by the Nauvoo House. But who laid the foundation of the Temple? Brother Joseph, in the name of the Lord,--not for his aggrandizement, but for the good of the whole of the Saints. Our speculators say "Poor folks on the flat are down, and keep them down." How the Nauvoo House cheats this man and that man, say the speculators. Those who report such things as facts ought to hide their heads in hollow pumpkins, and never take them out again.

{285} The first principle brought into consideration is aggrandizement. Some think it unlawful; but it is lawful with any man, while he has a disposition to aggrandize all around him. It is a false principle for a man to aggrandize himself at the expense of another. Everything that God does is to aggrandize His kingdom. And how does He lay the foundation? "Build a Temple to my great name, and call the attention of the great, the rich, and the noble." But where shall we lay our heads? In an old log cabin.

I will whip Hirum Kimball and Esquire Wells, and everybody else, over Dr. Foster's head, who, instead of building the Nauvoo House, build a great many little skeletons. See Dr. Foster's mammoth skeletons rising all over the town; but there is no flesh on them; they are all for personal interest and aggrandizement. But I do not care how many bones there are in the city; somebody may come along and clothe them. See the bones of the elephant yonder, (as I pointed to the big house on Mulholland Street, preparing for a tavern, as yet uncovered,) the crocodiles and man-eaters all about the city, such as grog shops, and card shops, and counterfeit shops, &c., got up for their own aggrandizement, and all for speculation, while the Nauvoo House is neglected. Those who live in glass houses should not throw stones. The building of the Nauvoo House is just as sacred in my view as the Temple. I want the Nauvoo House built. It must be built. Our salvation [as a city] depends upon it.

When men have done what they can or will do for the Temple, let them do what they can for the Nauvoo House. We never can accomplish one work at the expense of another. There is a great deal of murmuring in the Church about me; but I don't care anything about it. I like to hear it thunder, and I like to hear the Saints grumble; for the growling dog gets the sorest head. If any man is poor and afflicted, let him come and tell of it, and not complain or grumble about it.

The finishing of the Nauvoo House is like a man finishing a fight; if he gives up, he is killed; if he holds out a little longer, he may live. I'll tell you a story: A man who whips his wife is a coward. When I was a boy, I once fought with a man who had whipped his wife. It was a hard contest; but I still remembered that he had whipped his wife; and this encouraged me, and I whipped him till he said he had enough. Brethren, hurry on to the Nauvoo House thus, and you will build it. You will then be on Pisgah's top, and the great men will come from the four quarters of the earth--will pile the gold and silver into it till you are weary of receiving them; and if you are not careful, you will be lifted up, and become full of pride, and will be ready to destroy yourselves, and they will cover up and clothe all your former sins and, according to the scripture, will hide a multitude of sins; and you {286} will shine forth fair as the sun, clear as the moon, and you will become terrible, like an army with banners.

I will say to those who have labored on the Nauvoo House, and cannot get their pay--Be patient; and if any man takes the means which are set apart for the building of that house, and applies it to his own use, let him, for he will destroy himself. If any man is hungry, let him come to me, and I will feed him at my table. If any are hungry or naked, don't take away the brick, timber and materials, that belong to that house, but come and tell me, and I will divide with them to the last morsel; and then if the man is not satisfied, I will kick his backside.

There is a great noise in the city, and many are saying there cannot be so much smoke without some fire. Well, be it so. If the stories about Joe Smith are true, then the stories of John C. Bennett are true about the ladies of Nauvoo; and he says that the Ladies' Relief Society are all organized of those who are to be the wives of Joe Smith. Ladies, you know whether this is true or not. It is no use living among hogs without a snout. This biting and devouring each other I cannot endure. Away with it. For God's sake, stop it.

There is one thing more I wish to speak about, and that is political economy. It is our duty to concentrate all our influence to make popular that which is sound and good, and unpopular that which is unsound. 'Tis right, politically, for a man who has influence to use it, as well as for a man who has no influence to use his. From henceforth I will maintain all the influence I can get. In relation to politics, I will speak as a man; but in relation to religion I will speak in authority. If a man lifts a dagger to kill me, I will lift my tongue.

When I last preached, I heard such a groaning, I thought of the Paddy's eel. When he tried to kill it, he could not contrive any better way to do it, so he put it into the water to drown it; and as it began to come to, "See," said he, "what pain it is in; how it wiggles its tail." So it is with the nation: the banks are failing, and it is our privilege to say what kind of currency we want. We want gold and silver to build the Temple and Nauvoo House: we want your old nose-rings, and finger rings, and brass kettles no longer. If you have old rags, watches, guns, &c., go and peddle them off, and bring the hard metal; and if we will do this by popular opinion, we shall have a sound currency. Send home all bank notes, and take no more paper money. Let every man write back to his neighbors before he starts for home to exchange his property for gold and silver, that he may fulfil the scripture, and come up to Zion, bringing his gold and silver with him. I have contemplated these things a long time, but the time had not come for me to speak of them till now. I would not do as the Nauvoo House committee have done--{287}sell stock for an old store-house, where all the people who tried to live in it died, and put that stock into a man's hands to go east and purchase rags to come here and build mammoth bones with.

As a political man, in the name of old Joe Smith, I command the Nauvoo House committee not to sell stock in the Nauvoo House without the gold or silver. We must excuse Brother Snider, for he was in England when the committee sold stock for the store-house. I leave this subject.

This meeting was got up by the Nauvoo House committee. The pagans, Roman Catholics, Methodists and Baptists shall have place in Nauvoo--only they must be ground in Joe Smith's mill. I have been in their mill. I was ground in Ohio and York States, in a Presbyterian smut machine, and the last machine was in Missouri; and the last of all, I have been through the Illinois smut machine; and those who come here must go through my smut machine, and that is my tongue.

As I closed, Dr. Robert D. Foster remarked to the assembly--"Much good may grow out of a very little, and much good may come out of this. If any man accuses me of exchanging Nauvoo stock for rags, &c., he is mistaken. I gave a thousand dollars to this house, (this he said upon his own responsibility) and fifty dollars to the Relief Society, and some to Fullmer to get stone to build Joseph a house; and I mean to build Joseph a house, and you may build this, and I will help you. I mean to profit by this: and I will divide the mammoth bones with you. I am guilty of all of which I have been charged. I have signed my name to a petition to have William H. Rollison to have the postoffice. I did not then know of a petition for Joseph Smith."

I replied--"I thought I would make a coat; but it don't fit the doctor only in the postoffice. If it does fit any one let him put it on. The doctor's mammoth bones are skeletons, and as old Ezekiel said, I command the flesh and sinews to come upon them, that they may be clothed."

Wednesday, 22.--At nine this morning Brother Abel Owen presented a claim of considerable amount against Carter, Cahoon & Co., Kirtland, and notes of Oliver Granger of about $700 for payment. He said he was poor and unable to labor, and wanted something to live on. I told him to burn the papers, and I would help him. He gave me the papers, and I gave him an order on Mr. Cowan for fifteen dollars worth of provisions. This was a gift, as the Church was not obligated to pay those debts.

I rode about the city with Mr. Cowan during the day, and also read German.

{288} The latest accounts from the East Indies state that the cholera was raging in Burmah, Asia, to a fearful extent, whole villages in the interior had become desolate either by flight or death.

Thursday, 23.--This morning read German and rode out a few miles, but did not get off my horse.

In the afternoon Mr. Bagby called to collect county and state taxes. Brother Dixon called concerning some lost or stolen property. I burned twenty-three dollars of city scrip, and while it was burning, said, "So may all unsound and uncurrent money go down!" Gave my clerk instructions not to pay any more taxes on the Hotchkiss purchase.

Elder Amasa Lyman started for Shokoquon this morning and commenced preaching in that place.

Filed my bond as mayor of the city of Nauvoo.

Friday, 24.--Rode out with Elder Brigham Young; dined from home; called on Dr. Foster; had some conversation about the postoffice and several other matters; returned to my office; and at three o'clock walked out with Elder Young.

In reply to W. W. Phelps's Vade Mecum, or "Go with me," of 20th of January last, I dictated an answer: [It consisted of the "Revelation known as the Vision of the Three Glories," Doctrine and Covenants, section lxxvi, made into verse.]

Saturday, 25.--This morning Brother Samuel C. Brown made me a present of a gold watch. Spent the forenoon in the city council. The council passed "An ordinance in relation to interments," "An ordinance in relation to the duties of city attorney," and "an ordinance concerning a market on Main Street." Stephen Markham resigned his office as an alderman, and Wilson Law was elected to fill his place.

At three o'clock the council assembled after an adjournment for dinner. The subject of a sound currency for the city having previously arisen, I addressed the council at {289} considerable length, giving, amongst others, the following hints.

Views of the Prophet on Constitutional Powers.

Situated as we are, with a flood of immigration constantly pouring in upon us, I consider that it is not only prudential, but absolutely necessary to protect the inhabitants of this city from being imposed upon by a spurious currency. Many of our eastern and old country friends are altogether unacquainted with the situation of the banks in this region of country; and as they generally bring specie with them, they are perpetually in danger of being gulled by speculators. Besides there is so much uncertainty in the solvency of the best of banks, that I think it much safer to go upon the hard money system altogether. I have examined the Constitution upon this subject and find my doubts removed. The Constitution is not a law, but it empowers the people to make laws. For instance, the Constitution governs the land of Iowa, but it is not a law for the people. The Constitution tells us what shall not be a lawful tender. The 10th section declares that nothing else except gold and silver shall be lawful tender, this is not saying that gold and silver shall be lawful tender. It only provides that the states may make a law to make gold and silver lawful tender. I know of no state in the Union that has passed such a law; and I am sure that Illinois has not. The legislature has ceded up to us the privilege of enacting such laws as are not inconsistent with the Constitution of the United States and the state of Illinois; and we stand in the same relation to the state as the state does to the Union. The clause referred to in the Constitution is for the legislature--it is not a law for the people. The different states, and even Congress itself, have passed many laws diametrically contrary to the Constitution of the United States.

The state of Illinois has passed a stay law making property a lawful tender for the payment of debts; and if we have no law on the subject we must be governed by it. Shall we be such fools as to be governed by its laws, which are unconstitutional? No! We will make a law for gold and silver; and then the state law ceases and we can collect our debts. Powers not delegated to the states or reserved from the states are constitutional. The Constitution acknowledges that the people have all power not reserved to itself. I am a lawyer; I am a big lawyer and comprehend heaven, earth and hell, to bring forth knowledge that shall cover up all lawyers, doctors and other big bodies. This is the doctrine of the Constitution, so help me God. The Constitution is not law to us, but it makes provision for us whereby we can make laws. Where it provides that no one shall be hindered from worshiping God according {290} to his own conscience, is a law. No legislature can enact a law to prohibit it. The Constitution provides to regulate bodies of men and not individuals.

Alderman Wells and Counselor Orson Pratt objected to the ordinance regulating the currency from taking immediate effect. Orson Spencer and Brigham Young spoke in favor of the bill. I invited W. W. Phelps and Dr. Willard Richards, who were present, to give their opinion on the bill. They both spoke in favor of a gold and silver currency, and that it take immediate effect in the city.

The bill was postponed until the next council.

Sunday, 26.--At home all day. My mother was sick with inflammation of the lungs, and I nursed her with my own hands.

Monday, 27.--I nursed my mother most of the day, who continued very sick. I issued a search warrant for Brother Dixon to search ------ Fidler's and John Eagle's houses for a box of stolen shoes.

Tuesday, 28.--Mostly with my mother and family. Mr. John Brassfield, with whom I became acquainted in Missouri, called on me and spent the day and night. In the afternoon, mother was somewhat easier; and at four o'clock I went to Elder Orson Hyde's to dinner.

I saw a notice in the Chicago Express that one Hyrum Redding had seen the sign of the Son of Man, &c.; and I wrote to the editor of the Times and Seasons, as follows:

The "Sign" of the Son of Man.

SIR:--Among the many signs of the times and other strange things which are continually agitating the minds of men, I notice a small speculation in the Chicago Express, upon the certificate of one Hyrum Redding, of Ogle county, Illinois, stating that he has seen the sign of the Son of Man as foretold in the 24th chapter of Matthew.

The slanderous allusion of a "seraglio" like the Grand Turk, which the editor applies to me, he may take to himself, for, "out of the abundance of the heart the mouth speaketh." Every honest man who has visited the city of Nauvoo since it existed, can bear record of better things, and place me in the front ranks of those who are known to do {291} good for the sake of goodness, and show all liars, hypocrites and abominable creatures that, while vice sinks them down to darkness and woe, virtue exalts me and the Saints to light and immortality.

The editor, as well as some others, "thinks that Joe Smith has his match at last," because Mr. Redding thinks that he has seen the sign of the Son of Man. But I shall use my right, and declare that, notwithstanding Mr. Redding may have seen a wonderful appearance in the clouds one morning about sunrise (which is nothing very uncommon in the winter season,) he has not seen the sign of the Son of Man, as foretold by Jesus; neither has any man, nor will any man, until after the sun shall have been darkened and the moon bathed in blood; for the Lord hath not shown me any such sign; and as the prophet saith, so it must be--"Surely the Lord God will do nothing, but He revealeth His secret unto His servants the prophets." (See Amos 3: 7.) Therefore hear this, O earth: The Lord will not come to reign over the righteous, in this world, in 1843, nor until everything for the Bridegroom is ready.

Yours respectfully,

JOSEPH SMITH.

{292}

Spotted a typo or a problem in this chapter? Tell us