Chapter XXIV
ATTEMPTS TO DRAFT SAINTS INTO MOB SERVICE AGAINST NAUVOO--THREATENED INVASION FROM MISSOURI--JAMES A. BENNETT URGED TO COME TO NAUVOO.
_Wednesday, June 19, 1844.--_The Legion assembled on the parade-ground. A company of the Legion came in from Green Plains about 11 a.m. I met them at the front of the Mansion, and an escort came down from the parade-ground below the Temple and escorted them to the ground.
At 1 p.m. a company of volunteers arrived from Iowa and were also escorted to the parade-ground.
[Sidenote: Effort to Draft Chester Loveland into Mob Service.]
On Sunday, the 16th, a committee of the mob, headed by James Charles, a constable of Hancock county, went to the house of Captain Chester Loveland, who lives four miles southeast of Warsaw, and required him to call out his company to join the posse of David Bettisworth to go to Nauvoo and arrest me and the City Council. He peremptorily refused to comply with their request. The same posse returned on the 17th with an order, as they stated, from the Governor, which Loveland believed (and no doubt correctly) to be a forgery, and therefore still refused to go on any terms. The posse then reported his refusal to Colonel Williams, who appointed a committee of twelve to lynch, tar and feather Captain Loveland on the 18th; which committee went that evening and arrived about midnight.
Loveland, who had been informed of Williams' order, prepared himself for defense and kept watch. As soon as they came and he saw their number, and that they were {505} provided with tar bucket, bag of feathers and a bundle of withes, in addition to their fire-arms, he blew out his light and placed himself in a suitable position to defend the door (which he had fastened) and the window. They went around his house several times, tried his door, rapped, called him by name, and consulted together. Some were for breaking the door; others thought it too dangerous. They knew he must be in there, for they were near his door when the light was blown out. Finally their courage failed; and notifying him to leave the country immediately, they took their departure. During this trying time Loveland did not speak.
[Sidenote: Roads Leading into Nauvoo Picketed.]
In the afternoon I gave orders to General Dunham to have a picket-guard under Col. Markham, posted on all the roads leading out of the city; also an inner guard, under Major Jesse P. Harmon, posted in all the streets and alleys in the city, and also on the river bank. I also gave orders to have all the powder and lead in the city secured, and to see that all the arms were in use, and that all unclaimed arms be put in the hands of those who could use them.
I insert the affidavit of Anson Call, David Evans and William E. Horner:
Affidavit: Call, Evans and Horner--Treatment of Nauvoo Committee by Levi Williams, et al.
STATE OF ILLINOIS,
CITY OF NAUVOO, ss.
HANCOCK COUNTY, June 19, 1844.
Personally appeared before me, Aaron Johnson, justice of the peace of said county, Anson Call, David Evans and William E. Horner, of Hancock county and state aforesaid; and being duly sworn, depose and say that on Monday, the 17th instant, we started for Rocky Run precinct, and arrived yesterday. We then went to Col. Williams' of that place, and there soon assembled twenty or thirty men. We were informed that Col. Williams had gone to Lima to get the colonel there to bring on his regiment. We then informed them that we were delegated on behalf of the people of Nauvoo to transact business with them. {506} They informed us they had a committee set apart to do their business, and that one was absent, and the other two would shortly be here. That while a person was seeking the two men, we observed to the people that General Smith was willing to be tried in any state, for any crime of supposed crime that he had ever committed, except in the state of Missouri.
One of the persons objected to General Smith being tried by the Municipal Court in Nauvoo, and declared that nothing else would do but for him to be taken upon the old writ, and by the same person who took him in custody before, and tried at the place where the writ was issued.
It was then observed that Judge Thomas had advised General Smith to enter into bonds to be tried before the Circuit Court, and this would allay all the excited feelings of the people.
It was then moved by one of their company, and sanctioned by the people, that a committee should wait on the Judge who gave General Smith this advice, and give him a coat of tar and feathers; when one John Elliott, of notoriety, agreed to find the tar and feathers for that purpose.
After some further conversation, a man whom they called Lawyer Stephens came in from Warsaw, and asked where Col. Williams was. He was told that he had gone to Lima. They then observed to the lawyer that we were delegates from Nauvoo, when he replied. "We are expecting delegates, too, at Warsaw;" and he said the people were talking of introducing them to the Mississippi river; and says he, "Gentlemen, you can do with your delegates what you think proper."
A Mr. Crawford, one of the committee, observed that he went against such proceedings, and advised them as a body to keep cool. They then told the lawyer the advice that the Judge of the Circuit Court had given to General Smith, when he said it was unlawful advice, and it was a second time moved and assented to that a committee should wait on Judge Thomas and give him a coat of tar and feathers. The remainder of the committee having come in, they stated to us that they had written to the Governor to obtain aid from other counties; and if the Governor did not send them aid, they were too weak to go themselves now, but were summoning all the people that would come into the county until they got force enough to come up and take Joseph Smith with the first warrant, and take him to the place where the writ was first issued; and nothing less than that would satisfy the people.
ANSON CALL,
DAVID EVANS,
WM. E. HORNER.
Sworn and subscribed to this 19th day of June, 1844.
AARON JOHNSON, J. P.
{507} From the best information they could learn, there were two hundred armed men at Rocky Run precinct, two hundred at Warsaw, two hundred in Missouri, and the whole receiving constant additions.
At 9 p.m. I was at home. The city all quiet.
[Sidenote: Preparations for an Attack.]
_Thursday, 20.--_At daybreak I went with my staff and Major-General Dunham to the prairie, to view the situation of the ground, and to devise plans for the defense of the city, and select the proper locations to meet the mob, and made arrangements for provisions for the city, instructing my agent to pledge my farms for the purpose.
[Sidenote: Report of Dr. Southwick.]
At 10 a.m. Dr. Southwick from Louisiana arrived, and reported that there was not much excitement in St. Louis; that a cannon had arrived at Warsaw from Quincy, and that it had been reported to him that there was great excitement in Upper Missouri.
At 11, I reviewed the Legion facing the Mansion, and went to parade on the banks of the river.
I insert the affidavit of Carlos W. Lyon.
Affidavit: Carlos W. Lyon.
STATE OF ILLINOIS,
CITY OF NAUVOO, ss
On the 20th day of June, 1844, came before me, Willard Richards, recorder of the city aforesaid, Carlos W. Lyon; and after being duly sworn, deposeth and saith that while at St. Louis, Mo., on Monday, the 17th instant, it was a common topic that they were furnishing arms and ammunition to be sent by steamboat to Warsaw, Illinois; and said if the people of Warsaw need five hundred men, to give notice by the steamer Boreas, and the men should be sent from St. Louis to Warsaw; and that your said affiant also saw a cannon landed from the steamer_ Mermaid_ at Warsaw; and further he saith not.
CARLOS W. LYON.
Subscribed and sworn to before me this 20th day of June, 1844,
WILLARD RICHARDS,
Recorder of the City of Nauvoo.
{508} Wrote to John Tyler, President of the United States, as follows:
An Appeal to President Tyler.
CITY OF NAUVOO, ILLINOIS, June 20th, 1844.
SIR.--I have just enclosed to the Governor of the State of Illinois copies of the enclosed affidavits and extra. I am sorry to say that the State of Missouri, not contented with robbing, driving and murdering many of the Latter-day Saints, are now joining the mob of this state for the purpose of the "utter extermination" of the Mormons, as they have resolved. And now, sir, as President of the United States, will you render that protection which the Constitution guarantees in case of "insurrection and rebellion," and save the innocent and oppressed from such horrid persecution?
With great respect, I have the honor to be your obedient servant,
JOSEPH SMITH, Mayor.
JOHN TYLER, President of the U. S., Washington, D. C.
I here insert affidavits of Hiram B. Mount and John Cunningham:
Affidavit: Mount and Cunningham--Attempt to Draft them into the Mob Service.
STATE OF ILLINOIS,
HANCOCK COUNTY, ss.
CITY OF NAUVOO, June 20th, 1844.
Personally appeared before me, Aaron Johnson, an acting justice of the peace in and for the county of Hancock, Hiram B. Mount and John Cunningham, who being duly sworn, depose and say that George Baker, John Banks, Joseph Barber, and two others came to your deponents on Saturday the 15th inst., at Morley Settlement, in said county, and demanded our arms. We replied that we had none, when they required of us to go with them to Nauvoo to take Joseph Smith and other prisoners, and they promised to supply us with arms. Second, if we would not do so, that we were required to leave our homes and go to Nauvoo. We must either go against Smith, or take part with him.
They then told us they intended to go to Nauvoo to take Smith; and if they could not take him, they would take some of the head men of Smith's clan, and hold them under bonds of death until Smith was delivered up to them. And your deponents further say that John Banks {509} told them if they could not get volunteers enough, they would get a force that would take him.
HIRAM B. MOUNT,
JOHN CUNNINGHAM, (x--his mark).
[Seal]
Subscribed and sworn to this 20th day of June, 1844, before me,
AARON JOHNSON, J. P.
Affidavit: Allen T. Wait--Attempt to Draft him into Mob Service.
STATE OF ILLINOIS,
HANCOCK COUNTY, ss.
CITY OF NAUVOO, June 20th, 1844.
Personally appeared before me, Aaron Johnson, an acting justice of the peace in and for said county, Allen T. Wait, of Morley Settlement in said county; and being first duly sworn, deposeth and saith that on Saturday morning he was at the house of Colonel Levi Williams, when he told me that I must take up arms and go and fight against Joseph Smith, or I must leave the place immediately, or else I must give up my arms and stay at home.
He also said they would take Smith by law if they could; or if the Governor would not grant a writ to take him they would take him anyhow. He also said, if the people would not give Smith up, they would lay the whole city of Nauvoo in ashes.
I inquired what they would do with those people of Nauvoo who would not fight? He said they must make some signal, or else they must share the same fate--they must all perish, men, women, and children.
I then left in order to go home, when Captain Harrison P. Crawford overtook me, and told me if the Governor would not help them they did not care for the Governor anyhow. He said Governor Ford was an unconstitutional man; he had issued two illegal writs, and they were done so on purpose: and any such man ought not to hold any office whatever; and they intended to proceed against the Mormons whether they got any authority from the Governor or not.
ALLAN T. WAIT.
[Seal]
Subscribed and sworn to this 20th day of June, 1844, before me,
AARON JOHNSON, J. P.
Likewise the affidavit of Isaac Morley, Gardner Snow John Edmiston and Edmund Durfee.
{510} Affidavit: Isaac Morley et al.--Attempt to Draft them into Mob Service,
STATE OF ILLINOIS,
HANCOCK COUNTY, ss.
CITY OF NAUVOO, June 20th, 1844.
Personally appeared before me, Aaron Johnson, an acting justice of the peace in and for said county, Isaac Morley, Gardner Snow, John Edmiston and Edmund Durfee, all of Hancock county aforesaid; and being first duly sworn, depose and say that on Saturday, the 15th day of June, 1844, at Morley Settlement in said county, certain persons--to wit., George Baker, farmer, John Banks, Esq., Luther Perry, constable, Joseph Barber, farmer; and another person whose name we do not know, called upon your deponent, Isaac Morley, when John Banks said they waited on him to make three propositions--namely: first, that we were to take up arms, join with, and go along with them to Nauvoo to arrest one Joseph Smith and others, about seventeen in number, living in Nauvoo; second, to remove our effects to Nauvoo; or third, to give up our arms to them and remain neutral. And said Isaac Morley was required to notify all the brethren in the neighborhood, and report to the said committee, which of these propositions we accepted, by 8 o'clock on Monday morning following; and that one of the above resolutions was to be complied with within that time.
On the same day said Joseph Barber and Luther Perry went to where your deponent, Edmund Durfee, was at work in a field in the same neighborhood, and said they had come to notify him that said Durfee must comply with one of the above propositions; if not that said Durfee would smell thunder.
And all your deponents further depose and say that they have been compelled to leave their homes and flee to Nauvoo for protection. "For we were afraid to stay there on account of the mobs threatening to utterly exterminate us," according to a Warsaw Signal extra of June, 14th, 1844, if we stayed at home; and further your deponents say not.
ISAAC MORLEY,
GARDNER SNOW,
JOHN EDMISTON,
EDMUND DUFREE.
[Seal]
Subscribed and sworn to this 20th day of June, 1844, before me,
AARON JOHNSON, J. P.
Also the affidavit of Solomon Hancock, William Garner, and John G. Lofton:
{511} Affidavit: Hancock, Garner, Lofton--Attempt to Draft them into Mob Service.
STATE OF ILLINOIS,
HANCOCK COUNTY, ss.
CITY OF NAUVOO, June 20th, 1844.
Personally appeared before me, Aaron Johnson, an acting justice of the peace, Solomon Hancock, William Garner and John G. Lofton, who being first duly sworn, depose and say that on Saturday, the 15th day of June, 1844, at Morley Settlement in said county, certain persons,--to wit., John Clark, John Crawford, Jeremiah Bently, and three others, all farmers, came to your deponents and made three several propositions to them, to wit: first, that we were to take up our arms and join with them in going to Nauvoo, to take Joseph Smith and others prisoners; second, to remove with our effects to Nauvoo immediately; or, third, to give up our arms to Col. Levi Williams and remain neutral.
We were ordered to give in our decision on Monday then next by 8 o'clock in the morning; and if we would not agree to their decision, we must abide the consequences. And in consequence of mobs gathering in the neighborhood, we have been obliged to leave our homes in order to save our lives, and are come to Nauvoo for protection.
Solomon Hancock further deposeth and saith that said John Clark did on Tuesday, 18th instant, inform your deponent that one of their party had gone to St. Louis and had obtained three cannon, and were expecting three companies of volunteers from St. Louis to join them in going to Nauvoo to exterminate the Mormons; and further your deponents say not.
SOLOMON HANCOCK,
WILLIAM GARNER,
JOHN G. LOFTON.
[Seal]
Subscribed and sworn to this 20th day of June 1844, before me,
AARON JOHNSON.
Also the affidavit of James Guyman:
Affidavit: James Guyman--Threats of Invasion from Missouri.
STATE OF ILLINOIS,
HANCOCK COUNTY. ss
CITY OF NAUVOO, June 20th, 1844.
Personally appeared before me, Aaron Johnson, an acting justice of the peace in and for said county, James Guyman, of Green Plains precinct in said county; and being first duly sworn deposeth and saith that on Saturday morning, the 15th instant, he was at Rocky Run precinct, {512} when one Captain Wyers, captain of an "Independent Anti-Mormon Minute Men Company," came to a house where your deponent was staying. He inquired for a drum. He wanted either to borrow it or buy it until the affray with the Mormons was over.
I asked him how he was going to proceed to take Smith. He then said Missouri had offered to send over two thousand men, to come over to assist and take him.
I asked whether it was legal for them to come over here. He replied when they came over the constables were going to summons them, and also to summons every man who was in or would come into the county.
I asked if it was according to law to proceed that way, and he replied it was, and he went in for the law and democracy. He said they had sent two men to the Governor to order the militia out in their favor to help to take those criminals: and if he would not do just right, they would execute him by taking his head from his shoulders.
I replied, "You said you were a democracy man, and went for the law." I said, "Do you call that democracy or mobocracy?"
He said if they went that far, and if the Governor ordered the militia against them instead of in favor of them, he would turn mob, and the militia would join him, and they would take the Governor's head from his shoulders. He repeated it two or three times.
I enquired if it was law to go and drive those innocent Mormons who were living in the neighborhood, or tyrannically compel them to do things not agreeable to their will? He allowed that in this case it was.
I asked what he was going to do with these old settlers who would neither take up arms and fight against Smith nor in favor of him; when he replied they must fight either for one side or the other, or they must share the same fate as the Mormons.
Your deponent further saith that he is not a Mormon, and does not belong to the Church of Jesus Christ of Latter-day Saints; and further saith not.
JAMES GUYMAN.
[Seal]
Subscribed and sworn to this 20th day of June, 1844, before me,
AARON JOHNSON, J. P.
Also the affidavit of Obadiah Bowen:
Affidavit: Obadiah Bowen--Attempt to Draft him into Service of Mob.
STATE OF ILLINOIS,
HANCOCK COUNTY. ss
CITY OF NAUVOO, June 20th, 1844.
Personally appeared before me, Aaron Johnson, an acting justice {513} of the peace, in and for said county, Obadiah Bowen, of Morley Settlement, in said county; and being first duly sworn, deposeth and saith that on Saturday the 15th instant, John Clark rode up to where I was at work in Morley Settlement, and said he was afraid the Mormons would come and destroy their property; "and," said he, "if I have any destroyed by any person, I shall make my resort upon the nearest Mormons, and take their property in place of that which shall be taken away;" wherever he could find it, so long as it was a Mormon's; and that on Tuesday, the 18th instant, as I was coming from my house to the road leading to Lima, a mob was at the forks of the road standing still and consulting together; I came on the road about twenty rods ahead of them. In a few moments Colonel Levi Williams, John Clark and five others rode along the same road after me.
I heard them talking about shooting the Mormons, when Clark said, "It is no disgrace to shoot a Mormon, anyhow," when they all laughed. They overtook me, and Col. Williams asked me where I lived. I replied in Morley Settlement. He asked me if I was a Mormon, when Clark laid it was no odds--he is on their part.
Col. Williams then threatened me, and said I must be sure and be at his house by nine o'clock in the morning; if not I must either get out of Morley Settlement, or be served the same sauce as the Mormons. He gave me to understand that they were going to make a total destruction of Morley Settlement tomorrow, and I had better get out of it.
He then talked about Joseph Smith, when I replied I understood Joseph Smith had a fair trial and was bound over to the Supreme Court. He said, "If he is not, we do not care, it is illegally done;" and he should go ahead. He should gather the troops, and there would be two thousand men landed tomorrow from Missouri. He said they were volunteers. They should meet next day at Carthage, and then go against Joseph Smith and demolish the city of Nauvoo, for have him at any rate they would. He was in a very great passion, and let out a great many oaths and [said] other things that I have not mentioned.
In consequence of their threats, and to save our lives, we were obliged to leave our homes in a very stormy night, and had to cross a dangerous stream that was swollen by the rain, and was unable to protect myself from great sufferings and hardships, and came to the city of Nauvoo for protection.
OBADIAH BOWEN.
[Seal]
Subscribed and sworn to this 20th day of June, 1844, before me,
AARON JOHNSON, J. P.
Also the affidavit of Alvah Tippitts:
{514} Affidavit: Alvah Tippetts--Violence of John Williams Upon.
STATE OF ILLINOIS,
HANCOCK COUNTY. ss
CITY OF NAUVOO. June 20th, 1844.
Personally appeared before me, Aaron Johnson, a justice of the peace in and for the said county, Alvah Tippetts, of Warsaw, in Hancock county and state aforesaid; and being first duly sworn, deposeth and saith that on Wednesday, June 12th, at Green Plains, one Col. Levi Williams came to your deponent about sunrise, and ordered me out of the house that very day.
I replied he was very hasty. He again ordered me out of the house, and said, if I spoke a word, he would put me out of the house immediately.
I then took away part of my goods and left the house accordingly, because I was afraid to stay there another night.
The next day I went back after the remainder of my property, and called at the house of Col. Levi Williams for some things belonging to me.
When I arrived there John Williams, the son of said Levi Williams, aged about twenty-eight years, abused me for placing confidence in Joseph Smith and the people of Nauvoo. He then took me by the back of my neck and pushed me away, and said he would not have such stuff in his house. The second time he pushed me by the neck, and his foot to my back. He pushed me several times and kicked me. Again, when in the street, he kept kicking and pushing me, and abusing me with his tongue. I am sixty-one years old. I did not say anything to him to cause this abuse; but it was all on account of my believing that Joseph Smith and the people of Nauvoo would do nothing but what was according to law.
ALVAH TIPPETTS.
[Seal]
Subscribed and sworn to this 20th day of June, 1844, before me,
AARON JOHNSON, J. P.
[Sidenote: Reinforcement for Nauvoo from Ramus.]
I had sent orders to Captain Almon W. Babbitt, commander of the company at Ramus, to come immediately with his company to Nauvoo, and help to defend the place; and this morning my brother-in-law, William McLeary, informs my that when the letter was read to the company, Babbitt refused to come, and said it was a foolish move, and {515} objected to any of the company coming. The company was marshaled into line, when Babbitt said, "If any of you go, not one will ever get to Nauvoo alive," when immediately my Uncle John Smith stepped in front of the line and said, "Every man that goes at the call of the Prophet shall go and return safe, and not a hair of his head shall be lost; and I bless you in the name of the Lord."
The company immediately threw the command upon Uriah B. Yager, who accepted of it, and started for Nauvoo, although many of them were destitute of boots or shoes. The company had not traveled five miles before they suddenly came upon double their number of the mob, who had two red flags flying, and who had paraded their company and taken a position in a wood that commanded the road. The company from Macedonia opened file about ten feet apart and marched past them within rifle shot, while the mob fired several guns at them, the balls whizzing past their heads. They came here at daybreak this morning, and I directed the quartermaster to furnish those who needed with shoes.
I wrote the following letter:
Letter: Joseph Smith to Ballantyne and Slater--Advice on moving into Nauvoo.
NAUVOO, June 20th, 1844.
BROTHERS BALLANTYNE AND SLATER:--On information from you by J. McIllrick, I would advise that your families remain where they are and be quiet, as the mob will not be likely to disturb them; but any amount of wheat or provisions you may have you had better remove without delay to Nauvoo, as it will be better for you to bring it here and have your pay than to leave it for the mob to consume and destroy.
I remain your brother in Christ Jesus,
JOSEPH SMITH.
BALLANTYNE AND SLATER, Doyles Mills, near Plymouth, Ill.
I here insert the affidavit of John P. Greene and John M. Bernhisel:
{516} Affidavit: Greene and Bernhisel--Threatened Invasion from Missouri.
STATE OF ILLINOIS,
COUNTY OF HANCOCK, ss.
CITY OF NAUVOO.
On the 20th day of June, 1844, personally appeared before me, Aaron Johnson, a justice of the peace within and for said county, John P. Greene, marshal of said city, and John M. Bernhisel; and after being duly sworn, depose and say that a body of citizens, in a mass meeting convened on the 13th instant at Carthage, resolved to exterminate the Latter-day Saints of the said city of Nauvoo, and for that purpose, according to the purport of the Warsaw Signal extra, dated June 14, 1844, bodies of armed men are coming from the State of Missouri, and also from the territory of Iowa, and the cannon and ammunition are being transported from the state of Missouri to Illinois for the purpose of utterly exterminating the Latter-day Saints. And your affiants would further state that these bodies of armed men, cannon, arms, and munitions of war are transported in steamboats navigating the waters of the United States, and that the name of one of these boats is the Die Vernon.
JOHN P. GREENE,
JOHN M. BERNHISEL.
[Seal]
Subscribed and sworn to before me, this 20th day of June, 1844.
AARON JOHNSON, J. P.
Dr. Richards wrote the following:
Letter: Willard Richards to Jas Arlington Bennett--Affairs in Nauvoo--Western Movement.
MAYOR'S OFFICE, NAUVOO, June 20th, 1844.
DEAR GENERAL.--Yours of the 14th of April was received at a late date. A multiplicity of business on account of the peculiar state of affairs, has prevented a reply till now. Your views about the nomination of General Smith for the Presidency are correct. We will gain popularity and external influence. But this is not all: we mean to elect him, and nothing shall be wanting on our part to accomplish it; and why? Because we are satisfied, fully satisfied, that this is the best or only method of saving our free institutions from a total overthrow.
You will discover by this day's extra_ Nauvoo Neighbor,_ and previous papers which I shall forward with this, that we are already being surrounded by an armed mob; and, if we can believe a hundredth part of {517} their statements we have no alternative but to fight or die. All the horrors of Missouri's murders are crowding thick upon us, and the citizens of this county declare in mass-meetings, "No peace till the Mormons are utterly exterminated from the earth." And for what?
A band of thieves, counterfeiters, bogus-makers, gamblers, debauchers, murderers, and all that is vile, established a printing-press in this city for the purpose of carrying on all their hellish plans and overthrowing every principle of righteousness; and after publishing one number, called the Nauvoo Expositor, filled on every column with lies and libel the most dark and damnable it were possible for men or demons on the earth or in the shades of Gehenna, calculated to destroy every chartered right to our peaceful city, and constitutional principles to our nation, being destitute of every vestige of truth, and without one redeeming quality, either in the paper or the characters of its publishers.
The City Council, on the 10th instant, ordered the press and fixtures to be abated as a nuisance which order was executed by the proper authorities without delay, without noise, tumult or confusion.
The proprietors immediately evacuated their houses and the city, and the night following fired one or more of their buildings, just as they did in Missouri, thinking to raise a hue-and-cry that the Mormons had done it, and by that means bring a mob on us without a moment's delay; but our vigilant police discovered the fire and abated that also.
Chagrined at their disappointment, and drunk with madness, they next went to Carthage, the county seat and headquarters of mobocracy, and swore that Joseph and about seventeen others had committed a riot, and sent a warrant for their apprehension. They offered to go before any magistrate in the vicinity and answer to the charge. The officer would not consent, but would take them to Carthage. They had threatened their lives at Carthage and did not consider it safe to go thither, and prayed out a writ of habeas corpus from the Municipal Court, and were set free.
This only enraged the mob the more, and another writ was issued by a county magistrate in the vicinity, not a Mormon, before whom they were brought, and every exertion made to convict them, but the magistrate discharged them.
This does not satisfy them. They are determined to have "Joe Smith," brought before themselves for trial at the headquarters of mobocracy swearing that all they want is to get him out of the city; and they will shoot the "damned rascal."
Cannon, ammunition and men are passing over the Mississippi from Missouri to Illinois, and the mob is collected by hundreds at different points in the county swearing everlasting vengeance; and when their oaths and writs will end, God knows.
{518} We have sent messengers to the Governor, but had no returns, and shall dispatch messages to the President of the United States next boat.
If the virtuous part of the community, the state, the nation, will come to the rescue of innocence and the rights our fathers bled to purchase, that our peace and happiness may be secured to us in common with others, it is all we ask; but if they will not, and the mob goes on, we say a dishonorable life is worse than an honorable death, and we are ready for the onset; and we call upon all patriots, far and near, to lend a helping hand to put down the mob and restore peace.
If this is not done immediately, and the mob attempt to execute their threats, you may soon have the opportunity of beholding that glorious "vision in the west" you have sublimely contemplated in your letter.
I write you at this time at the request of the Prophet, and I invite you to come to our assistance with as many volunteers as you can bring. And if the mob cannot be dispersed, and the Government will not espouse our righteous cause, you may soon, very soon, behold the second birth of our nation's freedom; for live without the free exercise of thought, and the privilege of worshiping God according to the dictates of our consciences, we will not! We will die rather, and go where the wicked cease to trouble. But we firmly believe there are virtuous men and patriots enough yet left to sustain those principles which alone are worth living for. Will you come?
Here is Oregon. Here is California. Where is your ambition? Patriotism? Your "separate and independent empire," if you sit calmly still and see the most virtuous and noble people that ever trod upon the footstool of Jehovah ground to powder by a miscreant mob and not stretch forth your potent arm for their defense in all the majesty of a God? If you do not, your turn may come next; and where will it cease?
Let the first blow be struck upon us from this hour, and this field is open for every honest patriot from the east to the west sea, and from the river Mississippi to the ends of the earth.
General, will you stand neutral? Come, and you will know for yourself.
I close in haste, with good wishes to yourself and family.
W. RICHARDS.
GENERAL J. A. BENNETT,
Arlington House, N. Y.
{519}
Chapter XXV
THE TWELVE CALLED FROM EASTERN MISSION--GOVERNOR FORD AT CARTHAGE--NAUVOO DELEGATION TO GOVERNOR--THREATS AND CONSPIRACY AGAINST THE PROPHET'S LIFE--GOVERNOR FORD INVITED TO NAUVOO TO INVESTIGATE CONDITIONS.
[Sidenote: The Apostles Called Home.]
_Thursday, June 20, 1844 [continued].--_I wrote to those of the Twelve Apostles who are absent on missions to come home immediately, namely, Brigham Young, Boston; Heber C. Kimball, Washington; Orson Hyde, Philadelphia; Parley P. Pratt, New York; Orson Pratt, Washington; Wilford Woodruff, Portage, New York; William Smith, Philadelphia; George A. Smith, Peterboro; John E. Page, Pittsburgh; and Lyman Wight, Baltimore. Also to Amasa Lyman, Cincinnati, Ohio, and George Miller, Richmond, Madison county, Kentucky. I sent the letters by express by Aaron M. York to the Illinois river, on account of the stoppage of the mails.
At 8 p.m. Thomas Bullock came and read to me the affidavits of Isaac Morley, Gardner Snow, John Edmiston, Edmund Durfee, Solomon Hancock, Allen T. Waite, James Guyman, Obadiah Bowen, Alvah Tippetts, Hiram B. Mount, and John Cunningham, with the affiants; and afterward the affidavits were all sworn to before Aaron Johnson, Esquire.
Ten p.m. John Pike and Henry Gates went to the quarters of the Major-General, and informed him they had seen a number of men driving about three hundred head of cattle in the direction of the mob camp. The drovers reported themselves as having come from Missouri, and were about nine miles from Nauvoo.
[Sidenote: A Prophecy--No Gun Fired on Part of Saints.]
{520} I gave directions to Theodore Turley to commence the manufacture of artillery. He asked me if he should not rent a building, and set some men to repairing the small arms which were out of order. I told him in confidence that there would not be a gun fired on our part during this fuss.
I extract the following from a letter from Robert D. Foster dated "Carthage, June 20th, 1844, to John Proctor, Sen., Nauvoo."
Letter: Robert D. Foster to John Proctor--Fragment--Instruction as to Property.
We have a hundred barrels of flour here for the folks, and Nauvoo has no means to live, only from the country, and that is cut off sure. There are thousands of armed men ready now and thousands more coming from Missouri and the country around. Tell John to sleep in the barn, and take care of fire and robbery, and all my things there, as I shall be home soon. Tell Amos Davis to keep his eyes open, as we learn that consecration law will soon commence on him. This we know, and he had better look out sharp. Let him read this sheet. Tell Norton Gibbs and all my boys that I should be glad to see them a minute, but I cannot come. They must be patient and faithful, and I will be there and reward every man according to his desert; and I won't forget the perjured villains there either.
[Sidenote: Hyrum Smith's Fidelity to the Prophet.]
I advised my brother Hyrum to take his family on the next steamboat and go to Cincinnati. Hyrum replied, "Joseph, I can't leave you." Whereupon I said to the company present, "I wish I could get Hyrum out of the way, so that he may live to avenge my blood, and I will stay with you and see it out."
_Friday, 21.--_About 10 a.m. I rode out with my guard up Main Street past the Major-General's quarters, and reviewed the Legion. I returned to headquarters about 2:30 p.m., having met Col. Elam L. Freeman and Mr. Bartlett, who came as express from the Governor who had arrived at Carthage this morning, and they delivered me the following letter:
{521} Letter: Governor Ford to Mayor and Council of Nauvoo Asking Representatives to Meet him at Carthage.
HEADQUARTERS CARTHAGE, June 21st, 1844.
To the Honorable the Mayor and Common Council of the City of Nauvoo:
GENTLEMEN.--Having heard of the excitement in this part of the country, and judging that my presence here might be necessary to preserve the peace and enforce the laws, I arrived at this place this morning. Both before and since my arrival, complaints of a grave character have been made to me of certain proceedings of your honorable body. As chief magistrate, it is my duty to see that impartial justice shall be done, uninfluenced either by the excitement here or in your city.
I think before any decisive measure shall be adopted, that I ought to hear the allegations and defenses of all parties. By adopting this course I have some hope that the evils of war may be averted, and, at any rate, I will be enabled by it to understand the true merits of the present difficulties, and shape my course with reference to law and justice.
For these reasons I have to request that you will send out to me at this place, one or more well-informed and discreet persons, who will be capable of laying before me your version of the matter, and of receiving from me such explanations and resolutions as may be determined on.
Col. Elam L. Freeman will present you this note in the character of a herald from the Governor. You will respect his character as such and permit him to pass and repass free from molestation.
Your messengers are assured of protection in person and property, and will be returned to you in safety.
I am, gentlemen, with high consideration most respectfully,
Your obedient servant,
THOMAS FORD.
Governor and Commander in Chief.
[Sidenote: Joseph H. Jackson at Nauvoo.]
I immediately notified the City Council to meet in session at 4 p.m. About 11 a.m. a rumor was circulated at General Dunham's headquarters that Joseph H. Jackson was seen at Davidson Hibberd's. He [Dunham] ordered out a posse to arrest him, which went accordingly, but returned without success.
At 4 p.m. I met with the City Council, when the affidavits of the following persons were read--namely {522} Isaac Morley, Gardner Snow, John Edmiston, Edward Durfee, Solomon Hancock, William Gardner, John G. Lofton, Allen T. Waite, James Guyman, Obadiah Bowen, Alvah Tippetts, Hiram B. Mount, John Cunningham, Cyrus Canfield, Gilbert Belknap, Anson Call, David Evans, William E. Horner, Stephen Markham, Thomas G. Wilson, John P. Greene, John M. Bernhisel, Truman Gillett, Jr., Carlos W. Lyon, and H. T. Hugins; when Dr. J. M. Bernhisel, Councilor John Taylor, and Dr. Willard Richards were appointed by the council to return with the express to the Governor at Carthage, and carry said affidavits with the following letter:
Letter: Joseph Smith to Governor Ford--Submitting Documents.
NAUVOO, June 21, 1844.
SIR--The affidavits and handbills herewith connected, are submitted for your Excellency's consideration.
Respectfully, I have the honor to be your Excellency's obedient servant,
JOSEPH SMITH.
THOMAS FORD, Governor of Illinois, Carthage.
Messrs. Taylor and Bernhisel went accordingly, but Dr. Richards tarried to prepare additional documents.
The following affidavit was taken:
Affidavit: John P. Greene--Joseph H. Jackson,--Threatens Prophet's Life.
STATE OF ILLINOIS, HANCOCK CO.,
CITY OF NAUVOO. ss.
June 21st, 1844.--Personally appeared John P. Greene before me, Willard Richards, recorder of said city; and after being duly sworn, deposeth and saith that on or about the 27th day of May, 1844, while at Hamilton's tavern, in Carthage, county aforesaid, in company with Joseph Smith and others, Robert D. Foster called deponent into a private room, and there and then said, "For God's sake, don't suffer that man, Joseph Smith, to go out of doors; for if he steps outside of the door his blood will be spilt;" to which statement deponent replied he had no such fears; when said Foster confirmed said statements with considerable emotion, and said he knew that Smith could not go out of doors, but his blood would be spilt.
{523} Deponent asked Foster who would do it. Foster said he would not tell; but he knew the proud spirit of Jackson, that he would not be insulted, and that he would kill Joseph Smith if he had to die on the spot; and there were many others in Carthage who would assist to do the same thing. Joseph H. Jackson was in the house below at the time.
A day or two previous to the above conversation, while at Carthage aforesaid, deponent heard Joseph H. Jackson say that Joseph Smith was the damnedest rascal in the world, and he would be damned if he did not take vengeance on him, if he had to follow him to the Rocky Mountains; and said Jackson made many more such like threats against Joseph Smith and Hyrum Smith.
JOHN P. GREENE.
Sworn and subscribed this 21st day of June, 1844, before me,
[Seal]
WILLARD RICHARDS,
Recorder of the city of Nauvoo.
And as this affidavit confirms what was told me in Carthage, I made the following affidavit:
Affidavit: Joseph Smith--Conspiracy Against Affiant's Life.
STATE OF ILLINOIS,
COUNTY OF HANCOCK. ss.
CITY OF NAUVOO, June 21st, 1844.
Personally appeared Joseph Smith before me, Willard Richards, recorder of the City of Nauvoo; and after being duly sworn deposeth and saith that while at Hamilton's tavern at Carthage, in the county aforesaid, on or about the 27th day of May, 1844, whither deponent had gone to transact business in the Circuit Court of the county aforesaid, Charles A. Foster took deponent into a private room, and told deponent there was a conspiracy against the life of deponent, and that deponent had not better go out of doors. If he did, his blood would be shed. Foster said he was deponent's friend, and did not want to see bloodshed.
JOSEPH SMITH.
[Seal]
Sworn and subscribed this 21st day of June, 1844, before me,
WILLARD RICHARDS,
Recorder of the City of Nauvoo.
I instructed my clerks, Willard Richards, William Clayton, Thomas Bullock and John McEwan, to prepare all {524} necessary papers and affidavits ready to be sent to the Governor tomorrow morning.
Joseph Jackson made the two following affidavits:
Affidavit: Joseph Jackson--Francis M. Higbee's Threat to Kill the Prophet.
STATE OF ILLINOIS,
CITY OF NAUVOO. ss
On the 21st day of June, 1844, came before me, W. W. Phelps, clerk of the Mayor's Court, Joseph Jackson: and after being duly sworn, deposeth and saith that on Tuesday, the 11th instant, he was in Nauvoo, when Francis M. Higbee, while speaking of the destruction of the printing press, said he was very sorry, for the proprietors had set up that press for the destruction of the city, and that he meant to kill Joseph Smith and Hyrum Smith; and he saith no further.
JOSEPH JACKSON.
Subscribed and sworn to before me, this 21st day of June, 1844.
WILLIAM W. PHELPS, Clerk M. C.
Affidavit: Joseph Jackson--Reporting Mob at Pilot Grove.
STATE OF ILLINOIS,
CITY OF NAUVOO. ss
On the 21st day of June, 1844, came before me, W. W. Phelps, clerk of the Mayor's Court for said city, Joseph Jackson; and after being duly sworn, deposeth and saith, that on the 19th day of June instant, at his residence near Pilot Grove, in the afternoon, about twenty-four persons fired about twenty-six guns at him, and that the balls whistled close by his head. Thus this mob, of which John McKay was one, fired about one hundred guns, but not all at your affiant; and that this mob was very noisy, cursing and swearing that they would kill every damned Mormon; and he says no further.
JOSEPH JACKSON.
Subscribed and sworn to before me, this 21st day of June, 1844.
WILLIAM W. PHELPS, Clerk M. C.
At 7 p.m. James Emmett went by order of the Sergeant of the Guard at the Stone House to the Major-General and reported the crew of the Maid of Iowa for firing five guns contrary to orders, which were, that any firing of guns was an alarm.
After the news had reached the city of the Governor's {525} arrival at Carthage, an express was sent to Keokuk to stop an express which I had sent to the Governor at Springfield before I had learned of his arrival at Carthage.
An officer of the United States army, having arrested a deserter, came to Nauvoo, and stayed at my house all night.
Col. Brewer and lady arrived at the Mansion about 9 p.m. Also James W. Woods, Esq., my attorney from Burlington.
At 10 p.m., Private -- Minor gave information that as he was passing, an hour since, about two miles out of the city to his home, he was fired upon by some unknown person. General Stephen Markham ordered out a detachment to proceed to the designated place, scour that part of the country, and see that all was right.
[Saturday, June 22.--]
Letter: Joseph Smith to Governor Ford--Inviting the Governor to Come to Nauvoo and Investigate Conditions.
NAUVOO, Saturday Morning, June 22, 1844.
To His Excellent Thomas Ford, Governor:
DEAR SIR.--I this morning forward you the remainder of the affidavits which are ready to present to you, by the hands of a gentleman who is fully competent to give you information on the whole subject which has been the cause of the origin of our present difficulties. I would respectfully recommend the bearer, Col. Woodworth, as one of my aides, and a man whose testimony can be relied upon.
I presume you are already convinced that it would be altogether unsafe for me or any of the City Council to come to Carthage on account of the vast excitement which has been got up by false report and libelous publications. Nothing could afford me a greater pleasure than a privilege of investigating the whole subject before your Excellency in person; for I have ever held myself in readiness to comply with your orders and answer for my proceedings before any legal tribunal in the state.
I would hereby respectfully pray your Excellency to come to Nauvoo, if congenial with your feelings, and give us a privilege of laying the {526} whole matter before you in its true colors, and where abundance of testimony can be forthcoming, to prove every point by disinterested persons--men of character and of worth and notoriety, strangers--who were here all the time. But I am satisfied your Excellency does not wish men to expose the lives of the citizens of this place by requiring them to put themselves into the power of an infuriated, blood-thirsty mob, a part of whom have already several times fired upon our people without the least shadow of cause or provocation.
I am informed this morning that some gentleman has made affidavit that he had a private conversation with me, in which I stated that I had secret correspondence with you, &c. If any person has been wicked enough to do this, he is a perjured villain; for in the first place, I do not suffer myself to hold private conversation with any stranger; and, in the second place, I have never even intimated anything of the kind as having secret correspondence with your Excellency.
Our troubles are invariably brought upon us by falsehoods and misrepresentations by designing men. We have ever held ourselves amenable to the law; and, for myself, sir, I am ever ready to conform to and support the laws and Constitution, even at the expense of my life. I have never in the least offered any resistance to law or lawful process, which is a well-known fact to the general public; all of which circumstances make us the more anxious to have you come to Nauvoo and investigate the whole matter.
Now, sir, is it not an easy matter to distinguish between those who have pledged themselves to exterminate innocent men, women and children, and those who have only stood in their own defense, and in defense of their innocent families, and that, too, in accordance with the Constitution and laws of the country, as required by the oaths, and as good and law-abiding citizens?
In regard to the destruction of the press, the truth only needs to be presented before your Excellency to satisfy you of the justice of the proceedings. The press was established by a set of men who had already set themselves at defiance of the law and authorities of the city, and had threatened the lives of some of its principal officers, and who also made it no private matter that the press was established for the express purpose of destroying the city, as will be shown by the affidavit of Joseph Jackson, and as they stated to me in their threats.
Mr. Babbitt informs me that reports are in circulation that we have taken property which belongs to the Messrs. Law and others. There has been no property meddled with, to my knowledge, belonging to any person, except property we have purchased of the rightful owners.
Mr. Law turned over some property to a Mr. Hicks, to pay a debt. This I purchased of Mr. Hicks, and I am responsible to him for the {527} amount. We have been especially careful to preserve the property of those who are exciting the public against us, inasmuch as we know that every means would be used which could be invented to raise excitement; and we have appointed the police to watch this property and see that no harm was done to it by any person, as they had tried to fire their own building and were detected in the act. The fire was extinguished by the policemen, and no property damaged.
There have been no prisoners taken in this city, neither any person held as hostage, only some who are residents of this place, who had broken the laws. No stranger has been interfered with or detained in the city under any circumstances.
In haste, I have the honor to remain, dear sir, your most obedient servant,
JOSEPH SMITH.
Lieut.-Gen. N. L.
This letter was accompanied by other affidavits, and was sent by Lucien Woodworth, who was delegated to go in place of Dr. Richards. He started at noon in company with Squire Woods of Burlington.
{528}
Chapter XXVI
PREPARATIONS TO DEFEND NAUVOO--MOB MOVEMENTS ON CARTHAGE ROAD--GOVERNOR FORD'S REVIEW OF HANCOCK COUNTY DIFFICULTIES--JOSEPH SMITH'S ACCOUNT OF THE SAME DIFFICULTIES, DEFENSE OF HIS OWN AND ASSOCIATES' COURSE.
_Saturday, June 22 [continued].--_Legion met as usual; and after receiving instructions, were dismissed until 6 p.m., when they met again.
[Sidenote: Orders for Nauvoo's Entrenchment.]
At 7 p.m. I instructed General Dunham to cause the regiment of the 2nd cohort to turn out tomorrow, and work by turns three or four hours each, with entrenching tools, and to take the best measures in case of attack. I also gave orders that a standard be prepared for the nations.
Almon W. Babbitt arrived from Carthage this morning, having come at the request of the Governor, who thought it not wisdom to have Richards and Phelps and others of the City Council go to Carthage.
Edward Robinson made the following affidavit:
Affidavit: Edward Robinson--Threats Against Nauvoo.
STATE OF ILLINOIS,
CITY OF NAUVOO. ss.
On the 22nd day or June, 1844, came before me, W. W. Phelps, clerk of the Mayor's Court, in said city, Dr. Edward Robinson, who, after being duly sworn, deposeth and saith that while at Carthage, on the 18th and 19th instant, I heard several persons who had assembled together for warlike purposes, (having their arms and one cannon with them) say that they were gathering together for the purpose of destroying the property of General Joseph Smith, or, as they said, "Joe Smith," and his followers, and the City Council, with the exception of {529} one; and finally said they would destroy the town and exterminate the Latter-day Saints.
EDWARD ROBINSON.
Subscribed and sworn to before me this 22nd day of June, 1843.
WILLIAM W. PHELPS, Clerk M. C.
James Olive made the following affidavit:
Affidavit: James Olive--Mob Movements on the Carthage Road.
STATE OF ILLINOIS,
HANCOCK COUNTY. ss
CITY OF NAUVOO, June 22nd, 1844.
Personally appeared before me, Aaron Johnson, a justice of the peace in and for said county, James Olive; who being first duly sworn, deposeth and saith that on Friday afternoon, the 21st instant, about 3 o'clock, he was at his own house, about two miles from Appanoose. In a southeasterly direction, he saw a four-horse wagon with some men before it, all traveling towards Appanoose. They went about a quarter of a mile beyond my house; there met a two horse wagon and a company of men, about fifteen in number. Both parties then took the road towards the Big Mound. A part of the men were mounted and a part were on foot. The mounted men were forward; and after passing my house, they wheeled and rode back to the footmen who were some little distance behind, and said to them, "There are some fellows oh the Mound; you had better hurry on, and we will take those fellows and carry them to Carthage." They used profane language. I watched them until they got near the Mound, and saw the guard on the Mound turn and run towards Nauvoo. After that the company went on to the Mound, and halted near the spot where the guard had run from.
On the same evening, about sundown, there was a man by the name of Milton Hamilton came into my house and told me to arm and equip myself according to the law and stand in readiness; that the Governor bad demanded Joseph Smith according to law, and that he would not come it (meaning that Joseph Smith would not surrender); that the General had issued orders for the militia to be in readiness to take said Smith. I asked him what general, and he observed that he believed it was Col. Williams. I asked him if it was done by orders of the Governor, and he said that was the understanding. He told me he acted under the orders of Captain McAuley; and further saith not.
JAMES OLIVE.
[Seal]
Subscribed and sworn to this 22nd day of June, 1844, before me,
AARON JOHNSON, J. P.
{530} Phebe Levett states that she saw Finch, Rollison, Foster, and Squire McAuley in the company who fired on the guard on the La Harpe road.
George G. Johnstone made the following affidavit:
Affidavit: George G. Johnstone--Militia Under Governor to Move on Nauvoo.
STATE OF ILLINOIS,
COUNTY OF HANCOCK. ss
CITY OF NAUVOO, June 22nd, 1844.
Personally appeared before me, Aaron Johnson, a justice of the peace in and for the county of Hancock, George G. Johnstone, living on Spring Creek in McDonough county; who, being first duly sworn, deposeth and saith that yesterday, Napoleon Hardin came to your deponent and said that the Governor had sent orders for the militia to be called out for today at 4 o'clock p.m., and to start on the 22nd to Carthage, there to wait until all were ready from the different counties in the state, and then they should march out to the prairie. They should stop on the prairie and send a flag of truce to Nauvoo, and demand the body of General Joseph Smith. If the people of Nauvoo refused to give him up, then they should exterminate the whole of them.
GEORGE G. JOHNSTONE.
[Seal] Subscribed and sworn to this 22nd day of June, 1844, before me,
AARON JOHNSON, J. P.
Gideon Gibbs made the following affidavit:
Affidavit: Gideon Gibbs--Mob on La Harpe Road.
STATE OF ILLINOIS,
CITY OF NAUVOO. ss
On the 22nd day of June, 1844, came before me, William W. Phelps, clerk of the Mayor's Court for said city, Gideon Gibbs, and after being duly sworn deposeth and saith that on the afternoon of the 21st instant, about a half-mile southeast of the Big Mound on the La Harpe road, a party of about eight or ten men, in a warlike attitude, in company with two teams, passed your said affiant, and one of them said he fired at two men near the Big Mound. Thought he killed them both and your deponent saith no further.
GIDEON GIBBS.
Subscribed and sworn to before me, this 22nd day of June, 1844.
WILLIAM W. PHELPS, Clerk M. C.
{531} Luman H. Calkins made the following affidavit:
Affidavit: Luman H. Calkins--Nauvoo Conspiracy Against the Prophet's Life.
STATE OF ILLINOIS,
CITY OF NAUVOO, ss
June 22nd, 1844.
Personally appeared before me, George W. Harris, an alderman acting in and for the city of Nauvoo, Luman H. Calkins; and being first duly sworn, deposeth and saith that about seven weeks ago I came on the steamboat Ohio from St. Louis to Nauvoo, when William Nesbit, who was on board, entered into conversation with your deponent.
I asked him if he knew anything about the conspiracy in Nauvoo to kill Joseph and Hyrum, and all that believed on them. He said he did. It was intended that they should be killed between then and the 1st of July.
I asked him who was at the head of the conspiracy. He replied he was sworn not to tell who the head one was. I asked him if there were any in Nauvoo concerned. He replied there was, and named the two Laws, two Fosters, two Higbees, Charles Ivins, and several others. I asked if it was to be made a public thing. He replied the first blow was to be struck in Nauvoo by those who were opposed to Joseph. I asked how many they could rely on in Nauvoo. He said they could rely on five hundred, if they could only get arms for them.
He said as soon as the first blow was struck in Nauvoo, there were about seven thousand men ready in Missouri to join them to exterminate all who believed on Joseph Smith. He also told me that the Die Vernon, when she came on her pleasure-trip to Nauvoo, that there were none but spies, and who came on purpose to see the places in order to know how to strike when the time comes to strike: and he also said "the Reformers" had got spies continually passing Nauvoo in order to spy out all that took place; that there was not a thing took place in Nauvoo but what was made known to them in St. Louis as soon as a steamboat landed.
I told him I should think he would be afraid to stop here. He said he should stay in Nauvoo and carry on his butchering as usual, as if there was nothing taking place; that he had as good a gun as any man ever put to his face, and that the first shot he should fire would be to kill Joseph and Hyrum. Said I, "The people will surely kill you then." He replied he would rush through a thousand people to wash his hands in Joseph's blood, and especially in Hyrum's, if he was to be immediately cut into a thousand pieces. He said he should be willing to die as soon as he had killed them.
{532} About five weeks since I had another conversation with William Nesbit, when he confirmed the whole of the foregoing conversation; and he also said he had made arrangements with Mr. Bostwick of St. Louis to send him a brace of the best pistols, for the purpose of being ready when he wanted them. He also said that he would kill Hyrum any time he could get an opportunity without being detected. I then asked him if Hyrum could be put in his way so that no man would mistrust him, would you kill him? He said, "By God, I would." I asked if he would not be afraid to kill him in cold blood. He replied, "No, I would not; I would do it in a moment if I could get an opportunity."
The day following I left for Galena, and returned on Tuesday, the 18th instant, and on the 19th I saw William Nesbit in the ranks, and I cautioned Richard Brazier to keep an eye on Nesbit, for he had sworn to wash his hands in Joseph's and Hyrum's blood.
LUMAN H. CALKINS.
Subscribed and sworn to this 22nd day of June, 1844, before me,
GEORGE W. HARRIS,
Alderman of the City of Nauvoo.
At 12, noon, orders were sent to the different guards and pickets to let persons pass and repass without hailing until further orders.
I issued the following:
GENERAL ORDERS.
MAYOR'S OFFICE AND HEADQUARTERS, OF THE NAUVOO LEGION,
NAUVOO, June 22nd, 1844.
To Col. Jonathan Dunham, Acting Major-General Nauvoo Legion:
SIR.--You will proceed without delay, with the assistance of the Nauvoo Legion, to prepare the background [Eastern part] of said city for defense against an invasion by mobs, cause the Legion to be furnished with tents, and make your encampment in the vicinity of your labor.
JOSEPH SMITH,
Mayor of the City of Nauvoo, and Lieut.-Gen. Nauvoo Legion.
To COL. JONATHAN DUNHAM, Major-General in command Nauvoo Legion.
[Sidenote: A Prophecy.]
At 6 p.m. I prophesied that in the sickly seasons sickness would enter into the houses of the mob and vex them until they would fain repent in dust and ashes. They will be smitten with the scab, &c.
At 7 p.m. I received the following:
{533} A Petition to Hear the Prophet Speak.
We, the undersigned citizens of Hancock county, respectfully request General Joseph Smith to preach on tomorrow, and that we have liberty of seats near enough to the stand to hear, inasmuch as we have an opportunity to hear him but seldom, and some of us have not heard him at all.
Yours respectfully,
JAMES HAMILTON AND CO., Capt. at the Liberty Branch.
NATHANIEL CASE, Capt. 7th Co., 4th Reg., 2nd Cohort, N. L. from La Harpe.
URIAH H. YAGER AND CO., Captain at the Branch of Macedonia, 2nd Cohort.
HIRAM CLARK 1st Lieut. at the Midland Branch Company.
Z. D. WILSON'S COMPANY.
ALNA L. TIPPETT'S COMPANY.
S. HANCOCK, Major of the First Battalion of the 3rd Regiment.
WARREN SNOW, Captain and Co., 4th Reg. 2nd Cohort of N. Legion.
At 10 p.m. I received the following letter by the hands of Captain Yates, who accompanied Elder John Taylor and Dr. John M. Bernhisel on their return from Carthage:
Letter: Governor Ford to Mayor and Council of the City of Nauvoo.
HEADQUARTERS CARTHAGE, June 22nd, 1844.
To the Mayor and Council of the City of Nauvoo:
GENTLEMEN.--After examining carefully all the allegations on the part of the citizens of the country in Hancock county, and the defensive matters submitted to me by the committee of your citizens concerning the existing disturbances, I find that there appears to be but little contradiction as to important facts, so that it may be safely assumed that the immediate cause of the existing excitement is the destruction of the press and Nauvoo Expositor, and the subsequent refusal of the individuals accused to be accountable therefore according to the general laws of this state, and the insisting on your parts to be accountable only before your own municipal court, and according to the ordinances of your city.
Many other facts have been asserted on both sides as tending to increase the excitement; but as they mostly relate merely to private persons, and committed by individuals, and tend simply to show the present state of affairs, I will not further notice them in this communication.
The material facts to be noticed are that a newspaper called the Nauvoo Expositor was established in Nauvoo; that this newspaper was {534} deemed offensive to the people of that city; that the Common Council, without notice or process to the owners, entered into a trial and heard statements not under oath, and evidence which was under oath, in relation to the character, conduct and designs of the owners and editors of the press; that, upon hearing such statements and evidence, the Common Council passed an ordinance or resolution declaring said press and paper to be a public nuisance, and ordered the same to be abated as such; that a writ was issued by the Mayor to the Marshal of the city for that purpose; that a military order was issued at the same time by the Mayor, who is also Lieutenant-General of the Nauvoo Legion, to the Major-General in command of that Legion, for a force sufficient to ensure the execution of the writ aforesaid.
It appears also the press was destroyed in obedience to the foregoing ordinance and writ, according to a return on the same by the Marshal in the following words: "The within press and type is destroyed and pied according to order on this 10th day of June, 1844, at about six o'clock p.m.--J. P. GREENE, C.M."
It appears also that the owners of the press obtained from a justice of the peace at Carthage a warrant against the authors of this destruction for a riot; that the constable charged with the execution of this process, arrested some of the persons accused, who immediately obtained writs of habeas corpus from the Municipal Court of your city, by virtue of which they were tried in Nauvoo and discharged from arrest, and that they have ever since refused to be arrested or to submit to a trial at any other place or before any other court, except in the city and before the Municipal Court aforesaid.
It has also been reported to me that martial law has been declared in Nauvoo; that persons and property have been and are now forcibly imprisoned and detained there, and that the Legion has been ordered under arms to resist any attempt to arrest the persons accused. I have not particularly inquired into the truth of these latter reports; for although they may become matters of great importance in the sequel, they are not necessary to be ascertained and acted upon at present.
I now express to you my opinion that your conduct in the destruction of the press was a very gross outrage upon the laws and the liberties of the people. It may have been full of libels, but this did not authorize you to destroy it.
There are many newspapers in this state which have been wrongfully abusing me for more than a year, and yet such is my regard for the liberty of the press and the rights of a free people in a republican government that I would shed the last drop of my blood to protect those presses from any illegal violence. You have violated the Constitution in at least four particulars. You have violated that part of it which {535} declares that the printing presses shall be free, being responsible for the abuse thereof, and that the truth may be given in evidence.
This article of the Constitution contemplates that the proprietors of a libelous press may be sued for private damages, or may be indicted criminally, and that upon trial they should have the right to give the truth in evidence. In this case the proprietors had no notice of the proceeding.
The Constitution also provides that the people shall be protected against unreasonable searches and seizures of their property and "That no man shall be deprived of life, liberty or property, except by the judgment of his peers (which means a jury trial) and the law of the land," which means due process of law and notice to the accused.
You have also violated the Constitution and your own charter in this: Your Council, which has no judicial powers, and can only pass ordinances of a general nature, have undertaken to pass judgment as a court and convict without a jury a press of being libelous and a nuisance to the city.
The Council at most could only define a nuisance by general ordinance, and leave it to the courts to determine whether individuals or particulars accused came within such definition.
The Constitution abhors and will not tolerate the union of legislative and judicial power in the same body of magistracy, because, as in this case, they will first make a tyrannical law, and then execute it in a tyrannical manner.
You have also assumed to yourselves more power than you are entitled to in relation to writs of habeas under your charter. I know that you have been told by lawyers, for the purpose of gaining your favor that you have this power to any extent. In this they have deceived you for their own base purposes. Your charter supposes that you may pass ordinances, a breach of which will result in the imprisonment of the offender.
For the purpose of insuring more speedy relief to such persons, authority was given to the Municipal Court to issue writs of_ habeas corpus_ in all cases arising under the ordinances of the city.
It was never supposed by the Legislature, nor can the language of your charter be tortured to mean that a jurisdiction was intended to be conferred which would apply to all cases of imprisonment under the general laws of the state or of the United States, as well as the city ordinances.
It has also been reserved to you to make the discovery that a newspaper charged to be scurrilous and libellous may be legally abated or removed as a nuisance. In no other state, county, city, town or territory {536} in the United States has ever such a thing been thought of before. Such an act at this day would not be tolerated even in England. Just such another act in 1830 hurled the king of France from his throne, and caused the imprisonment of four of his principal ministers for life. No civilized country can tolerate such conduct, much less can it be tolerated in this free country of the United States.
The result of my deliberations on this subject is, that I will have to require you and all persons in Nauvoo accused or sued to submit in all cases implicitly to the process of the court, and to interpose no obstacles to an arrest, either by writ of habeas corpus or otherwise; and that all of the people of the city of Nauvoo shall make and continue the most complete submission to the laws of the state, and the process of the courts and justices of the peace.
In the particular case now under consideration, I require any and all of you who are or shall be accused to submit yourselves to be arrested by the same constable, by virtue of the same warrant and be tried before the same magistrate whose authority has heretofore been resisted. Nothing short of this can vindicate the dignity of violated law and allay the just excitement of the people.
I am anxious to preserve the peace. A small indiscretion may bring on a war. The whole country is now up in arms, and a vast number of people are ready to take the matter into their own hands. Such a state of things might force me to call out the militia to prevent a civil war. And such is the excitement of the country that I fear the militia, when assembled, would be beyond legal control.
You are wrong in the first instance, and I can call out no portion of the militia for your defense until you submit to the law. You have made it necessary that a posse should be assembled to execute legal process; and that posse, as fast as it assembles is in danger of being imbued with the mobocratic spirit. If you, by refusing to submit, shall make it necessary to call out the militia, I have great fears that your city will be destroyed, and your people many of them exterminated.
You know the excitement of the public mind. Do not tempt it too far. A very little matter may do a very great injury; and if you are disposed to continue the causes of excitement and render a force necessary to coerce submission, I would say that your city was built, as it were, upon a keg of powder which a very little spark may explode.
It is my intention to do all I can to preserve the peace, and even, if obliged, to call the militia to prosecute the war so as not to involve the innocent and comprehend all in the same punishment. But excitement is a matter which grows very fast upon men when assembled. The {537} affair, I much fear, may assume a revolutionary character, and the men may disregard the authority of their officers.
I tell you plainly that if no such submission is made as I have indicated. I will be obliged to call out the militia; and if a few thousand will not be sufficient, many thousands will be.
I sincerely hope that your people may do nothing which will make such a proceeding necessary. I hope also that they will be well-disposed to co-operate with me in allaying the excitement of the public mind. Immediately discharge such persons as you have under martial law. Let them go without molestation. Abstain from all injury to private property. Let people go where they please without swearing them first to take no part against you. All such proceedings tend only to inflame the public mind, and raise up ten men disposed to fight you for every one thus foolishly disabled.
Your committee assures me that you are sincerely desirous of preserving the peace; and if so, I hope you will co-operate with me in everything necessary to allay the excitement in the minds of the people.
The following-named persons are reported to me as being detained against their will by martial law: John A. Hicks, H. O. Norton, A. J. Higbee, John Eagle, P. J. Rolf, Peter Lemon, and T. J. Rolf. It will tend greatly to allay excitement if they shall be immediately discharged and suffered to go without molestation.
It is also reported here, and generally believed, (but whether true or not I have not yet learned) that there are many foraging parties abroad from Nauvoo committing depredations upon the cattle and property in the vicinity. These acts, if correctly reported, must absolutely cease immediately, if you expect any person here to have the power to preserve the peace.
In case the persons accused should make no resistance to arrest, it will be against orders to be accompanied by others. If it should become necessary to have witnesses on the trials, I will see that such persons shall be duly summoned, and I will also guarantee the safety of all such persons as may thus be brought to this place from Nauvoo either for trial or as witnesses for the accused.
If the individuals accused cannot be found when required by the constable it will be considered by me as an equivalent to a refusal to be arrested, and the militia will be ordered accordingly.
I am, gentlemen, with great respect, your obedient servant,
THOMAS FORD,
Governor and Commander-in-Chief.
To which I wrote the following answer:
{538} Letter: Joseph Smith to Governor Ford--Defending the action of the City Council in the "Expositor" Affair.
NAUVOO, June 22nd, 1844, 12 o'clock p.m.
To His Excellency, Thomas Ford:
SIR.--Yours of this date is received by Messrs. Taylor and Bernhisel. A part of the same delegation, Mr. Woodworth, who was detained yesterday, started for Carthage at 12 noon, this date, who, we perceive, had not arrived at your last date. Some documents conveyed by him would tend to counteract some of the views expressed in your Excellency's communication, and we feel confident, if all the facts could be before your Excellency, you would have come to different conclusions.
Our "insisting to be accountable only before our own Municipal Court," is totally incorrect. We plead a habeas corpus as a last resort to save us from being thrown into the power of the mobocrats, who were then threatening us with death, and it was with great reluctance we went before the Municipal Court, on account of the prejudice which might arise in the minds of the unbiased; and we did not petition for a habeas corpus until we had told the constable that on our lives we dare not go to Carthage for trial, and plead with him to go before any county magistrate he pleased in our vicinity, (which occurrence is common in legal proceedings) and not a member of our society, so that our lives might be saved from the threats thus already issued against us.
The press was declared a nuisance under the authority of the charter as written in 7th section of Addenda, the same as in the Springfield charter, so that if the act declaring the press a nuisance was unconstitutional: we cannot see how it is that the charter itself is not unconstitutional, and if we have erred in judgment, it is an official act, and belongs to the Supreme Court to correct it, and assess damages versus the city to restore property abated as a nuisance. If we have erred in this thing, we have done it in good company, for Blackstone on "Wrongs," asserts the doctrine that scurrilous prints may be abated as nuisances.
As to martial law, we truly say that we were obliged to call out the forces to protect our lives; and the Constitution guarantees to every man that privilege; and our measures were active and efficient, as the necessity of the case required; but the city is and has been continually under the special direction of the marshal all the time. No person, to our knowledge, has been arrested only for violation of the peace, and those some of our own citizens, all of whom we believe are now discharged. {539} And if any property has been taken for public benefit without a compensation, or against the will of the owner, it has been done without our knowledge or consent, and when shown shall be corrected, if the people will permit us to resume our usual labors.
If we "have committed a gross outrage upon the laws and liberties of the people," as your Excellency represents, we are ready to correct that outrage when the testimony is forthcoming. All men are bound to act in their sphere on their own judgment, and it would be quite impossible for us to know what your Excellency's judgment would have been in the case referred to; consequently acted on our own and according to our best judgment, after having taken able counsel in the case. If we have erred, we again say we will make all right if we can have the privilege.
"The Constitution also provides that the people shall be protected against all unreasonable search and seizure." True. The doctrine we believe most fully, and have acted upon it; but we do not believe it unreasonable to search so far as it is necessary to protect life and property from destruction.
We do not believe in the "union of legislative and judicial power," and we have not so understood the action of the case in question.
Whatever power we have exercised in the habeas corpus has been done in accordance with the letter of the charter and Constitution as we confidently understood them, and that, too, with the ablest counsel; but if it be so that we have erred in this thing, let the Supreme Court correct the evil. We have never gone contrary to constitutional law, so far as we have been able to learn it. If lawyers have belied their profession to abuse us, the evil be on their heads.
You have intimated that no press has been abated as a nuisance in the United States. We refer your Excellency to Humphrey versus Press in Ohio, who abated the press by his own arm for libel, and the courts decided on prosecution no cause of action. And we do know that it is common for police in Boston, New York, &c., to destroy scurrilous prints: and we think the loss of character by libel and the loss of life by mobocratic prints to be a greater loss than a little property, all of which, life alone excepted, we have sustained, brought upon us by the most unprincipled outlaws, gamblers, counterfeiters, and such characters as have been standing by me, and probably are now standing around your Excellency--namely, those men who have brought these evils upon us.
We have no knowledge of men's being sworn to pass our city. And upon receipt of your last message the Legion was disbanded and the city left to your Excellency's disposal.
{540} How it could be possible for us now to be tried constitutionally by the same magistrate who first issued the writ at Carthage we cannot see, for the Constitution expressly says no man shall twice be put in jeopardy of life and limb for the same offense; and all you refer to, have been, since the issuance of the_ habeas corpus,_ complied with for the same offense, and trial before Daniel H. Wells, justice of the peace for Hancock county, and, after a full investigation, were discharged. But, notwithstanding this, we would not hesitate to stand another trial according to your Excellency's wish, were it not that we are confident out lives would be in danger. We dare not come. Writs, we are assured, are issued against us in various parts of the country. For what? To drag us from place to place, from court to court, across the creeks and prairies, till some bloodthirsty villain could find his opportunity to shoot us. We dare not come, though your Excellency promises protection. Yet, at the same time, you have expressed fears that you could not control the mob, in which case we are left to the mercy of the merciless. Sir, we dare not come, for our lives would be in danger, and we are guilty of no crime.
You say, "It will be against orders to be accompanied by others, if we come to trial." This we have been obliged to act upon in Missouri; and when our witnesses were sent for by the court, (as your honor promises to do) they were thrust into prison, and we left without witnesses. Sir, you must not blame us, for "a burnt child dreads the fire." And although your Excellency might be well-disposed in the matter, the appearance of the mob forbids our coming. We dare not do it.
We have been advised by legal and high-minded gentlemen from abroad, who came on the boat this evening to lay our grievances before the Federal Government, as the appearance of things is not only treasonable against us, but against the state on the part of Missouri, unless the same has been requested of Governor Ford by the Federal Government. And we suppose your Excellency is well aware by this time that the mass-meetings of the county declared utter extermination of the Mormons, and that the Legion was not called out until complaints were made to the Mayor, and the citizens were afraid of their lives, and losing their confidence in the authorities of the city, and that nothing on the part of the city authorities had been wanting, legally and judiciously, to allay excitement and restore peace. We shall leave the city forthwith to lay the facts before the General Government, and, as before stated, the city is left open and unprotected; and by everything that is sacred, we implore your Excellency to cause our helpless women and children to be protected from mob violence, and let not the blood of innocence {541} cry to heaven against you. We again say, if anything wrong has been done on our part, and we know of nothing, we will make all things right if the Government will give us the opportunity. Disperse the mob, and secure to us our constitutional privileges, that our lives may not be endangered when on trial.
I remain most respectfully, your Excellency's humble servant,
JOSEPH SMITH,
Mayor, and Lieut.-Gen. N. L.
{542}
Chapter XXVII
GOVERNOR FORD'S WRONG VIEWPOINT--ELDER TAYLOR'S ACCOUNT OF THE INTERVIEW WITH THE GOVERNOR AT CARTHAGE--CLOSE OF THE PROPHET'S JOURNAL NARRATIVE OF HIS LIFE.
[Sidenote: Gov. Ford's Biased Judgment.]
_[Saturday, June 22nd, 1844, continued].--_It appears that the Governor, on arriving at Carthage, ordered the entire mob into service, adopted the lies and misrepresentations circulated against us by our enemies as truth, turned Supreme Court, and decided on the legality of our municipal ordinances and proceedings, which is the business of the judiciary alone. He charges us in his letter, based upon most cursed falsehoods, with violations of law and order, which have never been thought of by us. He treated our delegates very rudely. My communications that were read to him were read in the presence of a large number of our worst enemies, who interrupted the reader at almost every line with, "That's a damned lie!" and "That's a G--d--d lie!" He never accorded to them the privilege of saying one word to him only in the midst of such interruptions as, "You lie like hell!" from a crowd of persons present. These facts show conclusively that he is under the influence of the mob spirit, and is designedly intending to place us in the hands of murderous assassins, and is conniving at our destruction, or else that he is so ignorant and stupid that he does not understand the corrupt and diabolical spirits that are around him.
{543} Elder John Taylor gave the following account of his interview with the Governor:
Elder John Taylor's Account of Interview With Governor Ford at Carthage.
After waiting the Governor's pleasure for some time, we had an audience--but such an audience! He was surrounded by some of the vilest and most unprincipled men in creation. Some of them had an appearance of respectability, but many of them lacked even that. Wilson, and, I believe, William Law were there, Foster, Frank and Chauncey Higbee, Mr. Marr, a lawyer from Nauvoo, a mobocratic merchant from Warsaw, Joseph H. Jackson, a number of his associates, and the Governor's secretary--in all fifteen or twenty persons, most of whom were recreant to virtue, honor, integrity and everything that is considered honorable among men. I can well remember the feelings of disgust that I had in seeing the Governor surrounded by such an infamous group, and on being introduced to men of so questionable a character; and had I been on private business, I should have turned to depart, and told the Governor that if he thought proper to associate with such questionable characters, I should beg leave to be excused; but coming, as we did, on public business, we could not of course consult our private feelings.
We then stated to the Governor that, in accordance with his request, General Joseph Smith had, in response to his call, sent us to him as a committee of conference; that we were acquainted with most of the circumstances that had transpired in and about Nauvoo lately, and were prepared to give him the information; that, moreover, we had in our possession testimony and affidavits confirmatory of what we should say, which had been forwarded to him by General Joseph Smith; that communications had been forwarded to his Excellency by Messrs. Hunter, James and others, some of which had not reached their destination, but of which we had duplicates with us. We then in brief related an outline of the difficulties, and the course we had pursued from the commencement of the troubles up to the present, and, handing him the documents, respectfully submitted the whole. During our conversation and explanations with the Governor, we were frequently rudely and impudently contradicted by the fellows he had around him, and of whom he seemed to take no notice.
He opened and read a number of the documents himself, and as he proceeded he was frequently interrupted by, "That's a lie!" "That's a G-- d--d lie!" "That's an infernal falsehood!" "That's a blasted lie!" &c.
{544} These men evidently winced on an exposure of their acts, and thus vulgarly, impudently and falsely repudiated them. One of their number, Mr. Marr, addressed himself several times to me while in conversation with the Governor. I did not notice him until after a frequent repetition of his insolence, when I informed him that my business at that time was with Governor Ford, whereupon I continued my conversation with his Excellency.
During the conversation the Governor expressed a desire that Joseph Smith and all parties concerned in passing or executing the city law in relation to the press had better come to Carthage; that however repugnant it might be to our feelings, he thought it would have a tendency to allay public excitement and prove to the people what we professed--that we wished to be governed by law.
We represented to him the course we had taken in relation to this matter, our willingness to go before another magistrate other than the Municipal Court, the illegal refusal by the constable, of our request, our dismissal by the Municipal Court, a legally constituted tribunal, our subsequent trial before Esq. Wells at the instance of Judge Thomas (the circuit judge), and our dismissal by him; that we had fulfilled the law in every particular; that it was our enemies who were breaking the law, and, having murderous designs, were only making use of this as a pretext to get us into their power.
The Governor stated that the people viewed it differently, and that, notwithstanding our opinions, he would recommend that the people should be satisfied.
We then remarked to him that, should Joseph Smith comply with his request, it would be extremely unsafe, in the present excited state of the country, to come without an armed force; that we had a sufficiency of men, and were competent to defend ourselves, but that there might be danger of collision should our forces and those of our enemies be brought in such close proximity.
He strenuously advised us not to bring any arms, and pledged his faith as Governor, and the faith of the state, that we should be protected, and that he would guarantee our perfect safety.
At the termination of our interview, and previous to our withdrawal, after a long conversation and the perusal of the documents which we had brought, the Governor informed us that he would prepare a written communication for General Joseph Smith, which he desired us to wait for. We were kept waiting for this instrument some five or six hours.
About five o'clock in the afternoon we took our departure with not the most pleasant feelings. The associations of the Governor, the spirit that he manifested to compromise with these scoundrels, the {545} length of time that he had kept us waiting, and his general deportment, together with the infernal spirit that we saw exhibited by those whom he admitted to his counsels, made the prospect anything but promising.
I had a consultation for a little while with my brother Hyrum, Dr. Richards, John Taylor and John M. Bernhisel, and determined to go to Washington and lay the matter before President Tyler. [1]
About 7 p.m. I requested Reynolds Cahoon and Alpheus Cutler to stand guard at the Mansion, and not to admit any stranger inside the house.
At sundown I asked O. P. Rockwell if he would go with me a short journey, and he replied he would.
[Abraham C. Hodge says that soon after dusk, Joseph called Hyrum, Willard Richards, John Taylor, William W. Phelps, A. C. Hodge, John L. Butler, Alpheus Cutler, William Marks and some others, into his upper room and said, "Brethren, here is a letter from the Governor which I wish to have read." After it was read through Joseph remarked, "There is no mercy--no mercy here." Hyrum said, "No; just as sure as we fall into their hands we are dead men." Joseph replied, "Yes; what shall we do, Brother Hyrum?" He replied, "I don't know." All at once Joseph's countenance brightened up and he said, "The way is open. It is clean to my mind what to do. All they want is Hyrum and myself; then tell everybody to go about their business, and not to collect in groups, but to scatter about. There is no doubt they will come here and search for us. Let them search; they will not harm you in person or property, and not even a hair of your head. We will cross the river tonight, and {546} go away to the West." He made a move to go out of the house to cross the river. When out of doors he told Butler and Hodge to take the Maid of Iowa, (in charge of Repsher) get it to the upper landing, and put his and Hyrum's families and effects upon her; then go down the Mississippi and up the Ohio river to Portsmouth, where they should hear from them. He then took Hodge by the hand and said, "Now, Brother Hodge, let what will come, don't deny the faith, and all will be well."]
I told Stephen Markham that if I and Hyrum were ever taken again we should be massacred, or I was not a prophet of God. I want Hyrum to live to avenge my blood, but he is determined not to leave me. [2]
Footnotes:
1. "At this juncture the council was interrupted by the withdrawal of President Smith to give an interview to two gentlemen--one of whom was a son of John C. Calhoun--who had arrived at the Mansion and were anxious to meet with the Prophet" (Life of John Taylor, page, 125). Elder Taylor withdrew at a late hour from the council because of great weariness. "Shortly after he [Elder Taylor] retired, however, the Prophet returned, and the informal council meeting was resumed. The project of laying the case before President Tyler was abandoned. Joseph had received an inspiration to go west and all would be well" (Ibid).
2. Here the direct narrative of the Prophet ends; what happened in the next few days of his life occurred under such circumstances as not to permit of his dictating an account of it to his secretary or clerks, as was his custom.
Concerning the statement in the text about the Prophet's desire to have Hyrum live, and the purpose of it, Mr. Edward Tullidge, in his Life of Joseph the Prophet, gives a different version of it. He states it_: "I want Hyrum to live to lead the Church, but he is determined not to leave me" (Tullidge, p. 491). On what authority Mr. Tullidge makes the change is not known; but there is evidence in addition to his statement that the Prophet did desire Hyrum Smith to succeed him in the presidency of the Church, and even "ordained" him to take that place. At the October conference following the martyrdom of the two brothers, President Brigham Young said: "Did Joseph ordain any man to take his place? He did. Who was it? It was Hyrum. But Hyrum fell a martyr before Joseph did"_ (Times and Seasons Vol. 5, page 683.)
{547}
Chapter XXVIII
THE PROPHET STARTS FOR THE ROCKY MOUNTAINS--THE COUNSEL OF FALSE BRETHREN--THE RETURN TO NAUVOO--THE SURRENDER AND ARRIVAL AT CARTHAGE.
An account of the arrest, imprisonment and martyrdom of President Joseph Smith and Patriarch Hyrum Smith in Carthage jail, Hancock county, Illinois, as collected from the journal kept at the time by Willard Richards and the statements published by John Taylor, Messrs. Reid and Woods and John S. Fullmer, and the writings and statements of Dan Jones, Cyrus H. Wheelock, Stephen Markham and many other persons, who were personally acquainted with the transactions. [1]--By the Historian. [2]
[Sidenote: The Warning to Flee to the Rocky Mountains.]
_Saturday, June 11, 1844.--_About 9 p.m. Hyrum came out of the Mansion and gave his hand to Reynolds Cahoon, at the same time saying, "A company of men are seeking to kill my brother Joseph, and the Lord has warned him to flee to the Rocky Mountains to save his life. Good-by, Brother Cahoon, we shall see you again." In a few minutes afterwards Joseph came from his family. His tears were flowing fast. He held a handkerchief to his face, and followed after Brother Hyrum without uttering a word.
Between 9 and 10 p.m. Joseph, Hyrum and Willard, while waiting on the banks of the river for the skiff, sent {548} for William W. Phelps, and instructed him to take their families to Cincinnati by the second steamboat, arriving at Nauvoo; and when he arrived there to commence petitioning the President of the United States and Congress for redress of grievances, and see if they would grant the Church liberty and equal rights. Joseph then said: "Go to our wives, and tell them what we have concluded to do, and learn their feelings on the subject; and tell Emma you will be ready to start by the second steamboat, and she has sufficient money wherewith to pay the expenses. If you ascertain by tomorrow morning that there is anything wrong, come over the river to Montrose, to the house of Captain John Killien, and there you will learn where we are."
About midnight, Joseph, Hyrum and Dr. Richards called for Orrin P. Rockwell at his lodgings, and all went up the river bank until they found Aaron Johnson's boat, which they got into, and started about 2 a. m to cross the Mississippi river. Orrin P. Rockwell rowed the skiff, which was very leaky, so that it kept Joseph, Hyrum and the doctor busy baling out the water with their boots and shoes to prevent it from sinking.
[Sidenote: Preparations for the Western Journey.]
_Sunday, 23.--_At daybreak arrived on the Iowa side of the river. Sent Orrin P. Rockwell back to Nauvoo with instructions to return the next night with horses for Joseph and Hyrum, pass them over the river in the night secretly, and be ready to start for the Great Basin in the Rocky Mountains.
Joseph, Hyrum and Dr. Richards walked up to Captain John Killien's house, where they arrived at sunrise; but he not being at home, they went from thence to Brother William Jordan's. About 9 a.m. Dr. Bernhisel came over the river to visit Joseph; also Reynolds Cahoon, who made some explanations respecting Governor Ford's letter.
[Sidenote: Arrival of Constable's Posse.]
Early in the morning a posse arrived in Nauvoo to {549} arrest Joseph, but as they did not find him, they started back to Carthage immediately, leaving one man of the name of Yates behind them, who said to one of the brethren that Governor Ford designed that if Joseph and Hyrum were not given up, he would send his troops and guard the city until they were found, if it took three years to do it.
[Sidenote: Emma's Message to the Prophet.]
At 1 p.m. Emma sent over Orrin P. Rockwell, requesting him to entreat of Joseph to come back. Reynolds Cahoon accompanied him with a letter which Emma had written to the same effect, and she insisted that Cahoon should persuade Joseph to come back and give himself up. When they went over they found Joseph, Hyrum and Willard in a room by themselves, having flour and other provisions on the floor ready for packing.
Reynolds Cahoon informed Joseph what the troops intended to do, and urged upon him to give himself up, inasmuch as the Governor had pledged his faith and the faith of the state to protect him while he underwent a legal and fair trial. Reynolds Cahoon, Lorenzo D. Wasson and Hiram Kimball accused Joseph of cowardice for wishing to leave the people, adding that their property would be destroyed, and they left without house or home. Like the fable, when the wolves came the shepherd ran from the flock, and left the sheep to be devoured. To which Joseph replied, "If my life is of no value to my friends it is of none to myself."
[Sidenote: Consultation with Rockwell.]
Joseph said to Rockwell, "What shall I do?" Rockwell replied, "You are the oldest and ought to know best; and as you make your bed, I will lie with you." Joseph then turned to Hyrum, who was talking with Cahoon, and said, "Brother Hyrum, you are the oldest, what shall we do?" Hyrum said, "Let us go back and give ourselves up, and see the thing out." After studying a few moments, Joseph said, "If {550} you go back I will go with you, but we shall be butchered." Hyrum said, "No, no; let us go back and put our trust in God, and we shall not be harmed. The Lord is in it. If we live or have to die, we will be reconciled to our fate."
After a short pause, Joseph told Cahoon to request Captain Daniel C. Davis to have his boat ready at half-past five to cross them over the river.
Joseph and Hyrum then wrote the following letter:
Letter:--Joseph and Hyrum Smith to Governor Ford--Consenting to go to Carthage.
BANK OF THE RIVER MISSISSIPPI,
Sunday, June 23rd, 1844, 2 p.m.
His Excellency Governor Ford:
SIR.--I wrote you a long communication at 12 last night, expressive of my views of your Excellency's communication of yesterday. I thought your letter rather severe, but one of my friends has just come to me with an explanation from the captain of your posse which softened the subject matter of your communication, and gives us greater assurance of protection, and that your Excellency has succeeded in bringing in subjection the spirits which surround your Excellency to some extent. And I declare again the only objection I ever had or ever made on trial by my country at any time, was what I have made in my last letter--on account of assassins, and the reason I have to fear deathly consequences from their hands.
But from the explanation, I now offer to come to you at Carthage on the morrow, as early as shall be convenient for your posse to escort us into headquarters, provided we can have a fair trial, not be abused nor have my witnesses abused, and have all things done in due form of law, without partiality, and you may depend on my honor without the show of a great armed force to produce excitement in the minds of the timid.
We will meet your posse, if this letter is satisfactory, (if not, inform me) at or neat the Mound, at or about two o'clock tomorrow afternoon, which will be as soon as we can get our witnesses and prepare for trial. We shall expect to take our witnesses with us, and not have to wait a subpoena or part at least, so as not to detain the proceedings, although we may want time for counsel.
We remain most respectfully, your Excellency's humble servants,
JOSEPH SMITH,
HYRUM SMITH.
{551} Also wrote to Horace T. Hugins, Esquire:
Letter: Joseph Smith to H. T. Hugins--Engaging Counsel.
NAUVOO, Sunday, June 23, 1844.
H. T. Hugins, Esq:
SIR.--I have agreed to meet Governor Ford at Carthage tomorrow to attend an examination before Justice Morrison, and request your attendance professionally with the best attorney you can bring.
I meet the Governor's posse on the Mound at 10 a.m.; in Carthage at 12 noon. Do not fail me, and oblige,
Yours respectfully,
JOSEPH SMITH.
per W. RICHARDS, Clerk.
P.S.--Dr. J. R. Wakefield I wish as witness, &c.
And also to Dr. J. Wakefield as follows:
Letter: Joseph Smith to J. R. Wakefield Soliciting Latter's Attendance as Witness.
NAUVOO, June 23, 1844.
Dr. J. R. Wakefield:
SIR.--I would respectfully solicit your attendance at court in Carthage tomorrow at 12 noon, as witness in case "State of Illinois on complaint of Francis M. Higbee, versus Joseph Smith and others." Dear sir, do not fail me, and oblige your old friend,
JOSEPH SMITH,
per WILLARD RICHARDS, Clerk.
P. S.--Esq. Hugins and co-partner are expected. We meet the Governor's posse on the Mound at 10 a.m.: at Carthage at 12 noon. Bearer will give particulars.
[Sidenote: The Prophet Returns to Nauvoo.]
About 4 p.m. Joseph, Hyrum, the Doctor and others started back. While walking towards the river, Joseph fell behind with Orrin P. Rockwell. The other shouted to come on. Joseph replied, "It is of no use to hurry, for we are going back to be slaughtered," and continually expressed himself that he would like to get the people once more together, and talk to them tonight. Rockwell said if that was his wish he would get the people together, and he could talk to them by starlight.
{552} It was the strong persuasions of Reynolds Cahoon, Lorenzo D. Wasson and Hiram Kimball, who were carrying out Emma's instructions, that induced Joseph and Hyrum to start back to Nauvoo. They re-crossed the river at half-past five. When they arrived at the Mansion in Nauvoo, Joseph's family surrounded him, and he tarried there all night, giving up the idea of preaching to the Saints by starlight.
[Sidenote: Vacillation of Governor Ford.]
He sent the letter of this date to Governor Ford by Col. Theodore Turley and Elder Jedediah M. Grant, who carried it to Carthage, where they arrived about 9 p.m. They gave the letter to Governor Ford, who first agreed to send a posse to escort General Smith in safety to Carthage. Immediately afterwards Mr. Skinner came in and made a very bitter speech to the Governor, in which Wilson Law and Joseph H. Jackson joined, telling him naught but lies, which caused Elder Grant to ask if messengers to him were to be insulted in that manner. The Governor treated them coldly, and rescinded his previous promise, and refused to send or allow an escort to go with Joseph, as he said it was an honor not given to any other citizen. He would not allow the messengers to stay in Carthage through the night, but ordered them to start at 10 o'clock, and return to Nauvoo with orders for General Smith to be in Carthage at 10 o'clock tomorrow morning without an escort; and he threatened that if General Smith did not give himself up at that time, that Nauvoo would be destroyed and all the men, women and children that were in it. Messrs. Grant and Turley immediately started; but on account of their horses being wearied, they did not arrive in Nauvoo until about four a.m. of the 24th, when they went to General Smith to report to him the state of excitement in Carthage. He would not hear one word of the warning, as he was determined to go to Carthage and give himself up to the Governor.
{553} At night Joseph conversed with Captain Anderson, who reported that the mob at Warsaw had stopped his boat, and threatened to fire into her with his cannon. He gave the following certificate:
Certificate: Captain Anderson--on Retention of People in Nauvoo.
NAUVOO, June 23rd, 1844.
This is to certify that on Tuesday morning last, I stated to General Joseph Smith that the number of passengers leaving that day might produce the effect on the public mind that they were afraid of being attacked, and prove injurious; and I further observed, in order to preserve peace and good order, that it would be better to use his endeavors to retain those in the city until the excitement should abate.
GEORGE C. ANDERSON,
Captain steamer Osprey.
Joseph received the following letter:
Letter: Ed. Johnston to Joseph Smith--About Counsel.
Sunday Evening, June 23rd, 1844.
General Joseph Smith:
SIR.--I have this moment received your favor of this day per the hands of Mr. Adams. I regret to say, in reply, that I am now awaiting every moment a boat for St. Louis, whither my business requires me to go, and which, of course will deter me from acceding to your request. I have introduced Mr. Adams to a friend who is entirely competent to do full justice to your cause.
In great haste, yours respectfully,
ED. JOHNSTON.
FORT MADISON, IOWA.
[Sidenote: Preparations for Going to Carthage.]
Preparations are making for an early start tomorrow morning for Carthage. Joseph gave directions to gather some horses for the purpose of carrying him and his friends to Carthage tomorrow.
Although the Governor has threatened to send his troops into the city, none have appeared as yet.
[Sidenote: Defendants in the Expositor Case.]
_Monday, 24.--_Francis M. Higbee having sworn out a writ before Thomas Morrison, a justice of the peace at {554} Carthage on the 11th instant, against Joseph Smith, Hyrum Smith, Samuel Bennet, John Taylor, William W. Phelps, John P. Greene, Stephen C. Perry, Dimick B. Huntington, Jonathan Dunham, Stephen Markham, William W. Edwards, Jonathan Holmes, Jesse P. Harmon, John Lytle, Joseph W. Coolidge, David Harvey Redfield, Orrin P. Rockwell and Levi Richards for riot, in destroying the Nauvoo Expositor press, the property of William and Wilson Law and others, on the 10th instant, and Governor Ford having sent word by the posse that those eighteen persons should be protected by the militia of the state, they, upon the assurance of that pledge at half-past six a.m. started for Carthage, Willard Richards, Dan Jones, Henry G. Sherwood, Alfred Randall, James Davis, Cyrus H. Wheelock, A. C. Hodge and several other brethren, together with James W. Woods as counsel, accompanying them.
[Sidenote: Incidents en route for Carthage.]
When they arrived at the top of the hill, Joseph sent Rockwell with a horse for Dr. Southwick, a Southern gentleman who had been staying some days at the Mansion, and who wished General Joseph Smith to buy considerable property in Texas; but Ed. Bonny took possession of the horse, so that Dr. Southwick could not then go.
Joseph paused when they got to the Temple, and looked with admiration first on that, and then on the city, and remarked, "This is the loveliest place and the best people under the heavens; little do they know the trials that await them." As he passed out of the city, he called on Daniel H. Wells, Esq., who was unwell, and on parting he said, "Squire Wells, I wish you to cherish my memory, and not think me the worst man in the world either."
[Sidenote: Meeting with Captain Dunn.]
At ten minutes to 10 a.m. they arrived at Albert G. Fellows' farm, four miles west of Carthage, where they met Captain Dunn with a company of about sixty mounted militia, on seeing which Joseph said, "Do not be alarmed, brethren, for they {555} cannot do more to you than the enemies of truth did to the ancient Saints--they can only kill the body." The company made a halt, when Joseph, Hyrum and several others went into Fellows' house with Captain Dunn, who presented an order from Governor Ford for all the state arms in possession of the Nauvoo Legion, which Joseph immediately countersigned.
[Sidenote: A Pathetic Prophecy.]
Henry G. Sherwood went up to Joseph and said, "Brother Joseph, shall I return to Nauvoo and regulate about getting the arms and get the receipts for them?" Joseph inquired if he was under arrest, or expected to be arrested. Sherwood answered "No," when Joseph directed him to return ahead of the company, gather the arms and do as well as he could in all things. Joseph then said to the company who were with him, "I am going like a lamb to the slaughter, but I am calm as a summer's morning. I have a conscience void of offense toward God and toward all men. If they take my life I shall die an innocent man, and my blood shall cry from the ground for vengeance, and it shall be said of me 'He was murdered in cold blood!'" He then said to Father Sherwood, "Go, and God bless you." Sherwood then rode as swiftly as he could to Nauvoo.
Esquire Woods left the company there, and continued his journey to Carthage.
This order for the delivery of the state arms was evidently designed to drive the citizens of Nauvoo to desperation, so that in the heat of their indignation they might commit some overt act which the Governor could construe into treason, and thus have a shadow of excuse for his mob militia to destroy the Mormons.
[Sidenote: Dunn's Request that the Prophet Return to Nauvoo:]
Captain Dunn requested the company to return to Nauvoo to assist in collecting the arms, and pledged his word as a military man, that Joseph and his friends should be protected even if it were at the expense of his own life, {556} and his men responded to the pledge by three cheers. Captain Dunn, no doubt feared that the order of the Governor would excite the inhabitants of Nauvoo beyond endurance, and therefore chose to depend on the well-known integrity of General Smith than to risk the chances of exciting the feelings of a much-abused people. At the same time Joseph sent a messenger to the Governor with the following letter:
Letter: Joseph Smith to Governor Ford--Explaining his Return to Nauvoo.
FOUR MILES WEST OF CARTHAGE MOUND,
HANCOCK COUNTY, ILLINOIS,
Monday, 10 o'clock.
His Excellency Governor Ford:
DEAR SIR.--On my way to Carthage to answer your request this morning, I here met Captain Dunn, who has here made known to me your orders to surrender the state arms in possession of the Nauvoo Legion, which command I shall comply with; and that the same may be done properly and without trouble to the state, I shall return with Captain Dunn to Nauvoo, see that the arms are put into his possession, and shall then return to headquarters in his company, when I shall most cheerfully submit to any requisition of the Governor of our state.
With all due respect to your Excellency, I remain your obedient servant.
JOSEPH SMITH.
He also issued the following order:
Order: Joseph Smith to General Dunham--Complying with Governor Ford's Demand for State Arms.
HEADQUARTERS NAUVOO LEGION,
Prairie Four Miles West of Carthage,
June 24th, 1844, 10 o'clock and 10 minutes.
To Major-General Jonathan Dunham and all commissioned and non-commissioned officers and privates of the Nauvoo Legion:
You are hereby ordered to comply strictly with the within order of the Commander-in-Chief, Governor Ford.
JOSEPH SMITH.
Lieut.-Gen. Nauvoo Legion.
{557} And requested that the state arms should be taken to the Masonic Hall without delay.
[Sidenote: Messenger Sent to Carthage.]
Hyrum then said to Abram C. Hodge, "You go on into Carthage and see what is going on, and hear what is said on this matter."
Joseph and his company then returned with Captain Dunn, and arrived in Nauvoo at half-past two p.m.
When Hodge arrived at Carthage, he met with Rev. Mr. Dodge, who had some time previously been very kindly treated by Hyrum. He warned Hodge that as sure as Joseph and Hyrum came to Carthage, they would be killed. Hodge also saw Hamilton, the innkeeper, who, pointing to the Carthage Greys, said, "Hodge, there are the boys that will settle you Mormons." Hodge replied, "We can take as many men as there are there out of the Nauvoo Legion, and they would not be missed."
[Sidenote: Surrender of State Arms.]
When the fact of the order for the state arms was known in Nauvoo, many of the brethren looked upon it as another preparation for a Missouri massacre, nevertheless, as Joseph requested that it should be complied with, they very unwillingly gave up the arms.
About 6 p.m., when all the states' arms were collected, and the company were ready to start, Captain Dunn and Quartermaster-General Buckmaster made a short speech, expressing their gratitude at the peaceable conduct of the citizens of Nauvoo, and that while they thus conducted themselves they would protect them.
It appears that Governor Ford feared that the Nauvoo Legion, although disbanded, might avenge any outrage that might hereafter be committed on the persons of their leaders, and so thought he had better disarm them as he had previously disbanded them; yet the mob was suffered to retain their portion of the state's arms, even when within a half-day's march of Nauvoo, and they in a threatening and hostile attitude, while the Nauvoo Legion had not {558} evinced the least disposition whatever, except to defend their city in case it should be attacked; and they had not set a foot outside the limits of the corporation.
[Sidenote: The Prophet's Farewell to his Family.]
Joseph rode down home twice to bid his family farewell. He appeared solemn and thoughtful, and expressed himself to several individuals that he expected to be murdered. There appeared no alternative but that he must either give himself up, or the inhabitants of the city would be massacred by a lawless mob under sanction of the Governor.
[Sidenote: Looking Back-Sadness.]
The company (about fifteen) then started again for Carthage, and when opposite to the Masonic Hall, Joseph said, "Boys, if I don't come back, take care of yourselves; I am going like a lamb to the slaughter." When they passed his farm he took a good look at it, and after they had passed it, he turned round several times to look again, at which some of the company made remarks, when Joseph said: "If some of you had got such a farm and knew you would not see it any more, you would want to take a good look at it for the last time." When they got to the edge of the woods near Nauvoo, they met A. C. Hodge returning from Carthage. He reported to Hyrum what he had heard in Carthage, told him what his feelings were and said, "Brother Hyrum, you are now clear, and if it was my duty to counsel you, I would say, do not go another foot, for they say they will kill you, if you go to Carthage," but as other persons gathered around, nothing further was said. About this time Joseph received the following letter:
Letter: Messrs. Reid and Woods to Joseph Smith--Documents for Defense.
CARTHAGE, 5 o'clock p.m.
General Joseph Smith:
DEAR SIR.--In accordance with previous arrangements with Elder Adams, I am here at your service; and it will be necessary for us to have, on the examination here before the justice, a certified copy of the city ordinance for the destruction of the Expositor press, or a copy {559} which has been published by authority. We also wish the original order issued by you to the marshal for the destruction of said press, and such witnesses as may be necessary to show by whom the press was destroyed, and that the act was not done in a riotous or tumultuous manner.
Yours respectfully,
H. T. REID.
DEAR SIR.--I concur fully as to the above, and will add, from an interview with Governor Ford, you can, with the utmost safety, rely on his protection, and that you will have as impartial an investigation as could be expected from those opposed to you. The excitement is much allayed, and your opponents (those who wish to make capital out of you) do not want you to come to Carthage. Mr. Johnson has gone east, and that will account for Mr. Reed being here.
Respectfully, your obedient servant,
JAMES W. WOOD.
CARTHAGE, 24th June, 1844.
[Sidenote: The Prophet's Arrival at Carthage.]
The company arrived at Fellows' house, four miles west of Carthage, about 9 p.m., where they stopped about half an hour, and partook of such refreshments as they had brought with them. Captain Dunn and his company of mounted militia, returning with the state arms from Nauvoo, joined them here, and escorted them into Carthage, where they arrived at five minutes before 12 at night, and went to Hamilton's tavern. While passing the public square many of the troops, especially the Carthage Greys, made use of the following expressions, which were re-echoed in the ears of the Governor and hundreds of others, "Where is the damned prophet?" "Stand away, you McDonough boys, and let us shoot the damned Mormons." "G--d--you, old Joe, we've got you now." "Clear the way and let us have a view of Joe Smith, the prophet of God. He has seen the last of Nauvoo. We'll use him up now, and kill all the damned Mormons." The rear platoon of the Carthage Greys repeatedly threw their guns over their heads in a curve, so that the bayonets struck the ground with the breech of their guns upward, when {560} they would run back and pick them up, at the same time whooping, yelling, hooting and cursing like a pack of savages.
[Sidenote: The Governor Pacifies the Mob.]
On hearing the above expressions, the Governor put his head out of the window and very fawningly said, "I know your great anxiety to see Mr. Smith, which is natural enough, but it is quite too late tonight for you to have the opportunity; but I assure you, gentlemen, you shall have that privilege tomorrow morning, as I will cause him to pass before the troops upon the square, and I now wish you, with this assurance, quietly and peaceably to return to your quarters." When this declaration was made, there was a faint "Hurrah for Tom Ford," and they instantly obeyed his wish.
[Sidenote: The Apostates at Carthage.]
There was a company of apostates also quartered at Hamilton's hotel--namely William and Wilson Law, the Higbees and Fosters, Augustine Spencer, Henry O. Norton, John A. Hicks, (formerly president of the Elder's quorum) and others. Hicks stated to C. H. Wheelock that it was determined to shed the blood of Joseph Smith by not only himself, but by the Laws, Higbees, Fosters, Joseph H. Jackson, and many others, whether he was cleared by the law or not. Jackson talked freely and unreservedly on that subject, as though he were discoursing upon the most common occurrence of his life. Said he, you will find me a true prophet in this respect. Wheelock told Ford what Hicks had said, but he treated it with perfect indifference, and suffered Hicks and his associates to run at liberty and mature their murderous plans.
A writ was also issued by Robert F. Smith against Joseph W. Coolidge on complaint of Chauncey L. Higbee, charging him with the illegal detention of Charles A. Foster.
Footnotes:
1. This is the title of the first Compilation of Data as it appears in the Millennial Star, Vol. XXIV, p. 332. A Second Compilation was made by the Church Historian, extending from the 22nd of June to the 8th of August, 1844, at which time the Twelve were accepted for the time as the Presiding Council of the Church; and the claims of Sidney Rigdon rejected.
2. George A. Smith was the Historian from 1854 to 1875. Consequently this Compilation was made under his supervision.
{561}
Chapter XXIX
ARREST OF JOSEPH AND HYRUM SMITH ON A CHARGE OF TREASON--FALSE IMPRISONMENT--ELDER TAYLOR'S PROTEST--FALSE IMPRISONMENT.
[Sidenote: The Governor's Pledge of Protection.]
_Tuesday, June 25, 1844.--_This morning the prisoners voluntarily surrendered themselves to the constable, Mr. Bettisworth, who held the writ against them. The Governor was at headquarters in person, and had pledged his own faith and the faith of the state of Illinois, that the Smiths and other persons should be protected from personal violence, and should have a fair and impartial trial, if they would surrender themselves to be dealt with according to law. During the Governor's stay in Carthage, he repeatedly expressed to the legal counselors of the Smiths his determination to protect the prisoners, and to see that they should have a fair and impartial examination.
[Sidenote: The Arrest for Treason.]
At 8 a.m. President Smith had an interview with William G. Flood of Quincy, U. S. Receiver of Public Moneys. While in conversation with him, Constable David Bettisworth arrested Joseph for treason against the state of Illinois, with the following writ, which had been granted on the oath of Augustine Spencer:
Writ of Arrest on the Charge of Treason--Joseph Smith.
STATE OF ILLINOIS,
CITY OF NAUVOO. ss
The people of the State of Illinois, to all sheriffs, coroners and constables of said state greeting:
Whereas complaint has been made before me, one of the justices of {562} the peace in and for said county aforesaid, upon the oath of Augustine Spencer, that Joseph Smith, late of the county aforesaid, did, on or about the nineteenth day of June. A. D. 1844, at the county and state aforesaid, commit the crime of treason against the government and people of the State of Illinois aforesaid.
These are therefore to command you to take the said Joseph Smith if he be found in your county, or if he shall have fled, that you pursue after the said Smith into another county within this state, and take and safely keep the said Joseph Smith, so that you have his body forthwith before me to answer the said complaint and be further dealt with according to law.
[Seal]
Given under my hand and seal this 24th day of June, A. D. 1844.
R. F. SMITH, J. P.
Hyrum Smith was also arrested at the same time for treason on the same writ, granted on the affidavit of Henry O. Norton:
Writ of Arrest for Treason--Hyrum Smith.
STATE OF ILLINOIS,
HANCOCK COUNTY. ss
The people of the State of Illinois, to all sheriffs, coroners and constables, greeting:
Whereas complaint has been made before me, one of the justices of the peace, in and for the county of Hancock, upon the oath of one Henry O. Norton, that one Hyrum Smith, late of the county of Hancock and state of Illinois, did, on the 19th day of June, 1844, commit the crime of treason against the government and people of the state of Illinois aforesaid.
These are therefore to command you to take the body of the said Hyrum Smith, if he be found in your county, or if he shall have fled that you pursue after the said Hyrum Smith into any county within this state, and take and safely keep the said Hyrum Smith, so that you have his body forthwith before me, to answer unto the said complaint, and be further dealt with according to law.
[Seal]
Given under my hand and seal, this 24th day of June. 1844.
R. F. SMITH, J. P.
[Sidenote: Governor Ford's Speech to the Troops.]
_8:30 a.m.--_Governor Ford called all the troops and ordered them to form a hollow square on the public ground near the Court House; and when formed, he {563} mounted an old table, and addressed them in a most inflammatory manner, exciting the feelings of indignation against Generals Joseph and Hyrum Smith which were already burning in their breasts, occasioned by the falsehoods and misrepresentations that were in circulation, giving his assent and sanction to the rumors that had gathered them together, and stating that although they were dangerous men in the community, and guilty of all that they might have alleged against them, still they were in the hands of the law, which must have its course. He continued speaking twenty or thirty minutes.
[Sidenote: The Prophet's Request for an Interview with Gov. Ford.]
_9:15 a.m.--_The Governor came in and invited Joseph to walk with him through the troops. Joseph solicited a few moments, private conversation with him, which the Governor refused. While refusing, the Governor looked down at his shoes, as though he was ashamed. They then walked through the crowd with Brigadier-General Miner R. Deming and Dr. Richards, to General Deming's quarters. The people appeared quiet until a company of Carthage Greys flocked around the doors of General Deming in an uproarious manner, of which notice was sent to the Governor. In the meantime the Governor had ordered the McDonough troops to be drawn up in line for Joseph and Hyrum to pass in front of them, they having requested that they might have a clear view of the Generals Smith. Joseph had a conversation with the Governor for about ten minutes, when he again pledged the faith of the state that he and his friends should be protected from violence.
Robinson, the postmaster, said, on report of martial law being proclaimed in Nauvoo, he had stopped the mail and notified the Postmaster-General of the state of things in Hancock county.
[Sidenote: The Prophet Presented to the Troops.]
From the General's quarters Joseph and Hyrum went in front of the lines, in a hollow square of a company of {564} Carthage Greys. At seven minutes before ten they arrived in front of the lines, and passed before the whole, Joseph being on the right of General Deming, and Hyrum on his left, Elders Richards, Taylor and Phelps following. Joseph and Hyrum were introduced by the Governor about twenty times along the line, as General Joseph Smith and General Hyrum Smith, the Governor walking in front on the left. The Carthage Greys refused to receive them by that introduction, and some of the officers threw up their hats drew their swords and said they would introduce themselves to the damned Mormons in a different style. The Governor mildly entreated them not to act so rudely, but their excitement increased. The Governor, however, succeeded in pacifying them by making a speech, and promising them that they should have "full satisfaction." General Smith and party returned to their lodgings at five minutes past ten.
[Sidenote: Revolt of the Carthage Greys.]
_10:30.--_News reached Joseph at the hotel that the Carthage Greys had revolted, and were put under guard by General Deming. Joseph told all his friends to stay in the two rooms occupied by them in the hotel.
_10:50.--_Quietness was apparently restored among the Carthage Greys.
_11:15.--_News arrived that the Warsaw troops were near Carthage, and had come of their own accord.
Mr. Prentice, U. S. Marshal for Illinois, called to see Joseph.
[Sidenote: Threats of Apostates to Plunder Nauvoo.]
_12 minutes before 1.--_Intelligence was given to Joseph that the Laws, Higbees, Fosters and others, were going to Nauvoo to plunder. To Governor called at the door with some gentlemen, when Joseph informed him of what he had heard, and requested him to send a guard to protect the city of Nauvoo.
Willard Richards wrote a letter to his wife.
{565} _1:30 p.m.--_After dinner, Mark Aldrich of Warsaw called to see Joseph.
_2:30.--_The Governor communicated that he had ordered Captain Singleton with a company of men from McDonough county, to march to Nauvoo to co-operate with the police in keeping the peace; and he would call out the Legion, if necessary.
Joseph wrote to Emma as follows:
Letter: The Prophet to Emma Smith--Governor Ford Going to Nauvoo.
CARTHAGE, June 25th, 1844.
2:30 o'clock p.m.
DEAR EMMA.--I have had an interview with Governor Ford, and he treats us honorably. Myself and Hyrum have been again arrested for treason because we called out the Nauvoo Legion; but when the truth comes out we have nothing to fear. We all feel calm and composed.
This morning Governor Ford introduced myself and Hyrum to the militia in a very appropriate manner, as General Joseph Smith and General Hyrum Smith. There was a little mutiny among the Carthage Greys, but I think the Governor has and will succeed in enforcing the laws. I do hope the people of Nauvoo will continue pacific and prayerful.
Governor Ford has just concluded to send some of his militia to Nauvoo to protect the citizens, and I wish that they may be kindly treated. They will co-operate with the police to keep the peace. The Governor's orders will be read in the hearing of the police and officers of the Legion, as I suppose.
_3 o'clock.--_The Governor has just agreed to march his army to Nauvoo, and I shall come along with him. The prisoners, all that can, will be admitted to bail. I am as ever,
JOSEPH SMITH.
EMMA SMITH.
[Sidenote: The Prophet's Warning to Rockwell.]
Joseph also sent a message to Orrin P. Rockwell not to come to Carthage, but to stay in Nauvoo, and not to suffer himself to be delivered into the hands of his enemies, or to be taken a prisoner by any one.
It was reported by Israel Barlow that he had heard resolutions of the Warsaw troops read, to the effect that they would return to Warsaw at 3 p.m., then go to Golden's Point on Thursday, and thence to Nauvoo.
[Sidenote: The Prophet's Interview with Militia Officers.]
{566}
Several of the officers of the troops in Carthage, and other gentlemen, curious to see the Prophet, visited Joseph in his room. General Smith asked them if there was anything in his appearance that indicated he was the desperate character his enemies represented him to be; and he asked them to give him their honest opinion on the subject. The reply was, "No, sir, your appearance would indicate the very contrary, General Smith; but we cannot see what is in your heart, neither can we tell what are your intentions." To which Joseph replied, "Very true, gentlemen, you cannot see what is in my heart, and you are therefore unable to judge me or my intentions; but I can see what is in your hearts, and will tell you what I see. I can see that you thirst for blood, and nothing but my blood will satisfy you. It is not for crime of any description that I and my brethren are thus continually persecuted and harassed by our enemies, but there are other motives, and some of them I have expressed, so far as relates to myself; and inasmuch as you and the people thirst for blood, I prophesy, in the name of the Lord, that you shall witness scenes of blood and sorrow to your entire satisfaction. Your souls shall be perfectly satiated with blood, and many of you who are now present shall have an opportunity to face the cannon's mouth from sources you think not of; and those people that desire this great evil upon me and my brethren, shall be filled with regret and sorrow because of the scenes of desolation and distress that await them. They shall seek for peace, and shall not be able to find it. Gentlemen, you will find what I have told you to be true."
[Sidenote: Law Cannot Reach Them--Powder and Ball Must.]
_12 minutes to 4.--_Report came to Joseph that William and Wilson Law, Robert D. Foster, Chauncey L. Higbee and Francis M. Higbee had said that there was nothing against these men; the law could not reach them but powder and ball would, and they should not go out of Carthage alive.
[Sidenote: Arraigned on the Expositor Affair.]
{567}
Joseph, Hyrum and thirteen others, were taken before Robert F. Smith, a justice of the peace residing in Carthage (he being also captain of the Carthage Greys) on the charge of riot destroying the printing press of the Nauvoo Expositor.
It is worthy of notice here, that when the defendants went before Esquire Wells, the prosecution objected, and insisted that they should be taken before the justice who issued the writ--viz., Thomas Morrison, and that Governor Ford had also stated in his letter to General Joseph Smith that he must go before the justice in Carthage who issued the writ. But when the prosecution had the defendants in their own power in Carthage, they could then ride over their own objections by taking them before another justice, who was known to be a greater enemy to the defendants than Justice Morrison, and moreover, before one who was not only a justice of the peace, but also the Military commander of a company of Carthage Greys, who had already been arrested for mutiny.
Chauncey L. Higbee, one of the prosecutors, moved an adjournment.
H. T. Reid and James W. Woods on behalf of the defendants, objected to an adjournment, and said that the court was not authorized to take recognizance without their acknowledging their guilt, or having witnesses to prove it, and we admit the press was destroyed by order of the Mayor, it having been condemned by the City Council as a nuisance.
They read law to show that justices could not recognize without admission of guilt, and offered to give bail.
Mr. Reid stated that the law quoted by the prosecution belonged to civil, not criminal cases.
The prosecution insisted to have a commission of the crime acknowledged.
[Sidenote: Prophet_ et. al_. Bound over to Circuit Court.]
After a good deal of resistance on the part of the prosecution, court asked if the parties admitted that there was {568} sufficient cause to bind over, and the counsel for the defense admitted there was, and offered to enter into cognizance in the common form, in order to prevent, if possible, any increase of excitement.
[Sidenote: The Sureties for the Prophet.]
_5 p.m.--_Court acknowledged the admission and ordered recognizances, whereupon Joseph Smith, Hyrum Smith, John Taylor, William M. Phelps, John P. Greene, Stephen C. Perry, Dimick B. Huntington, Jonathan Dunham, Stephen Markham, Jonathan H. Holmes, Jesse P. Harmon, John Lytle, Joseph W. Coolidge, David Harvey Redfield, and Levi Richards gave bonds, with John S. Fullmer, Edward Hunter, Dan Jones, John Benbow, and other unexceptionable sureties, in the sum of $500 for each of the defendants, total $7,500, for their appearance at the next term of the Circuit Court for Hancock county.
It was evident that the magistrate intended to overreach the wealth of the defendants and their friends, so as to imprison them for want of bail; but it happened that there was strength to cover the demand, for some of the brethren went security to the full extent of their property; and Justice Smith adjourned his court over, and left the court house without calling on Joseph and Hyrum to answer to the charge of treason, or even intimating to those prisoners, or their counsel that they were expected to enter into an examination that night.
Captain Smith, the only magistrate who could grant subpoenas for witnesses, disappeared until a late hour, as if purposely to prevent the appearing of the defendant's witnesses, and in keeping with the conviction expressed by Joseph's enemies the previous day, that the law cannot touch them, but that powder and bail will.
[Sidenote: Another Warrant Sought--Daniel's Kingdom and Treason.]
_About 6:30 p.m.--_Dan Jones heard Wilson Law, whilst endeavoring to get another warrant against Joseph Smith for treason, declare that while he (Mr. Smith) was once preaching from Daniel 2nd chapter, 44th verse, said that the {569} kingdom referred to was already set up, and that he was the king over it. He also heard Joseph H. Jackson, and other leaders of the mob, declare that they had eighteen accusations against Joseph and as one failed, they would try another to detain him there, and that they had had so much trouble and hazard, and worked so hard in getting him to Carthage, that they would not let him get out of it alive. Jackson pointed to his pistols and said, "The balls are in there that will decide his case." Jones immediately went up stairs to Joseph and informed him what he had heard Jackson say.
_About 7:30 p.m.--_Dr. Levi Richards and most of the brethren, after they had signed the bonds, left for Nauvoo when Joseph and Hyrum went into the Governor's room and spoke with him, as Governor Ford had promised them an interview. After a few moments' conversation, the Governor left them to order the captain of the guard to give the brethren some passes. They then went to supper.
[Sidenote: Illegal Imprisonment of the Smith Brothers.]
_8 p.m.--_Constable Bettisworth appeared at the lodgings of Joseph and Hyrum, and insisted that they should go to jail. Joseph demanded a copy of the mittimus, which was refused. Messrs. Woods and Reid, as counsel, insisted that the prisoners were entitled to be brought before a justice of the peace for examination before they could be sent to jail. The constable, to their surprise, then exhibited the following mittimus:
The False Mittimus.
STATE OF ILLINOIS,
HANCOCK COUNTY, ss.
The people of the State of Illinois to the keeper of the jail of said County, Greeting:
Whereas Joseph Smith and Hyrum Smith, of the county aforesaid, have been arrested upon oath of Augustine Spencer and Henry O. Norton, for the crime of treason, and have been brought before me as {570} a justice of the peace in and for the said county, for trial at the seat of justice thereof, which trial has been necessarily postponed by reason of the absence of the material witnesses--to wit, Francis M. Higbee and others. Therefore, I command you, in the name of the people, to receive the said Joseph Smith and Hyrum Smith into your custody in the jail of the county aforesaid, there so remain until discharged by due course of law.
[Seal]
Given under my hand and seal this 25th day of June, A. D. 1843.
(Signed)
R. F. SMITH J. P.
Joseph remonstrated against such bare-faced, illegal, and tyrannical proceedings, but the constable still insisted that they should go to jail. Lawyer Woods requested the officer to wait until he could see Governor Ford, and was told by Bettisworth that he could only wait five minutes.
[Sidenote: Governor Ford Refuses to Interfere with Illegal Proceedings.]
Joseph and Hyrum again remonstrated, and the constable waited until about nine o'clock, when they heard by Mr. Wood that the Governor did not think it within the sphere of his duty to interfere, as they were in the hands of the civil law, and therefore he had not the power to stay process, of the due course of law, and that he could not interrupt a civil officer in the discharge of his duty.
Governor Ford knew this [proceeding] was illegal, (for he had formerly been an associate-justice of the Supreme Court of the state) and when he was appealed to by Captain Robert F. Smith to know what he must do, as he had found his mittimus as a magistrate was illegal, and therefore that it was a false committal, Governor Ford replied, "You have the Carthage Greys at your command." Captain Smith therefore commanded his "Greys" to execute and carry into effect his illegal mittimus as a magistrate, thus practically blending the civil and military in the same person at the same time; and the prisoners were violently and illegally dragged to jail without any examination whatever, while his Excellency was in the adjoining room from that from which they {571} were thus taken. So much for his professions that the law must be executed.
Thus a justice of the peace acting as a military officer also by virtue of his commission as such, orders his command to appear under arms and to incarcerate the prisoners whom he had just before ordered to commit to jail by_ mittimus without having them brought before him for examination;_ and the Governor, having been himself at one time a judge upon the bench, knew and well understood the illegality of the above proceedings.
He also well knew that military power and [civil] authority had been used by one and the same person, and yet he, acting at that time as Commander-in-Chief, which gave him the supervision over all his officers, and in fact made him responsible for all their acts and movements, refused to interfere when requested by the prisoners to interpose his authority in their behalf against an illegal civil process, and also refused to countermand the illegal, oppressive and unofficer-like order of one of his captains.
Moreover, having taken the oath of office, as Governor of the state of Illinois, he was by virtue of that oath bound to see the laws faithfully executed, and not, as in this instance, see them violated and trodden under foot, and even prompt one of his officers in his lawless course. Thus he violated his solemn pledges and oath of office.
[Sidenote: Elder Taylor's Remonstrance with Governor Ford.]
Elder John Taylor says, "As I was informed of this illegal proceeding, I went immediately to the Governor and informed him of it; whether he was apprized of it before or not I do not know, but my opinion is that he was. I represented to him the character of the parties who had made oath, the outrageous nature of the charge, the indignity offered to men in the position which they [the prisoners] occupied, and that he knew very well that it was a vexatious prosecution, and that they were not guilty of any such thing."
The Governor replied that he was very sorry that the {572} thing had occurred; that he did not believe the charges, but that he thought that the best thing to be done in the premises was to let the law take its course.
"I then reminded him that we had come out there at his instance, not to satisfy the law, which we had done before, but the prejudices of the people in relation to the affair of the press; that we had given bonds, which we could not by law be required to do, to satisfy the people at his instance, and that it was asking too much to require gentlemen in their position in life to suffer the degradation of being immured in a jail at the instance of such worthless scoundrels as those who had made this affidavit.
"The Governor replied that it was an unpleasant affair, and looked hard, but that it was a matter over which he had no control, as it belonged to the judiciary; that he, as the executive could not interfere with their proceedings, and that he had no doubt but that they would be immediately dismissed.
"I told him that we had looked to him for protection from such insults, and that I thought we had a right to do so from the solemn promises he had made to me and Dr. Bernhisel in relation to our coming without a guard or arms; that we had relied upon his faith and had a right to expect him to fulfill his engagements, after we had placed ourselves implicitly under his care, and complied with all his requests, although extra-judicial.
"He replied that he would detail a guard, if we required it, and see us protected, but that he could not interfere with the judiciary.
"I expressed my dissatisfaction at the course taken, and told him that if we were to be subject to mob rule, and to be dragged contrary to law into prison, at the instance of every infernal scoundrel whose oath could be bought for a dram of whiskey, his protection availed very little, and we had miscalculated his promises.
"Seeing there was no prospect of redress from the Governor, I returned to the room and found the Constable, {573} Bettisworth, very urgent to hurry Brothers Joseph and Hyrum to prison, whilst the brethren were remonstrating with him.
"At the same time a great rabble was gathered in the streets and around the door, and from the rowdyism manifested, I was afraid there was a design to murder the prisoners on the way to the jail.
[Sidenote: Elder Taylor Takes Independent Action.]
"Without conferring with any person, my next feeling was to procure a guard, and seeing a man habited as a soldier in the room, I went to him and said, "I am afraid there is a design against the lives of the Messrs. Smith, will you go immediately and bring your captain, and if not convenient, any other captain of a company, and I will pay you well for your trouble."
"He said he would, and departed forthwith, and soon returned with his captain, whose name I have forgotten [1] and introduced him to me.
"I told him of my fears, and requested him immediately to fetch his company. He departed forthwith, and arrived at the door with them, just as the time that the constable was hurrying the brethren downstairs.
"A number of brethren went along, and one or two strangers, and all of us safely lodged in prison, remained there during the night."
As Esquire Woods went to the door he met Captain Dunn, with some twenty men, they having come to guard the prisoners in jail. Mr. Woods accompanied Governor Ford to (Captain) Justice Robert F. Smith, who gave as a cause for issuing the warrant of committal, that the prisoners were not personally safe at the hotel. Mr. Woods then requested the Governor to have a company of troops from some other county detailed to guard the jail.
[Sidenote: In Carthage Jail.]
Captain Dunn, with his company, escorted Joseph and {574} Hyrum Smith from their lodgings, together with Willard Richards, John Taylor, John P. Greene, Stephen Markham, Dan Jones, John S. Fullmer, Dr. Southwick, and Lorenzo D. Wasson, to the jail. Markham had a very large hickory cane, which he called "the rascal-beater." Dan Jones had a smaller walking-stick, and they walked on either side of Joseph and Hyrum, keeping off the drunken rabble, who several times broke through the ranks.
They were received by the jailer, Mr. George W. Stigall, and put into the criminal's cell; but he afterwards gave them the debtors' apartment, where the prisoners and their friends had amusing conversations on various interesting subjects, which engaged them till late. Prayer was offered, which made Carthage prison into the gate of heaven for a while. They laid promiscuously on the floor, where they all slept from 11:30 until 6 a.m. of the 26th.
Counselor H. T. Reid, in his published statement, writes as follows: "The recitals of the mittimus, so far as they relate to the prisoners, having been brought before the justice for trial, and it there appearing that the necessary witnesses of the prosecution were absent, are wholly untrue, unless the prisoners could have appeared before the justice, without being present in person or by counsel; nor is there any law of Illinois which permits a justice to commit persons charged with crimes to jail, without examination as to the probability of their guilt."
Footnotes:
1. This was Captain Dunn, of Augusta township, who had been sent to Nauvoo a few days before to collect the state arms at Nauvoo, and who afterwards escorted the Prophet and his friends into Carthage.
{575}
Chapter XXX
INTERVIEW IN CARTHAGE PRISON BETWEEN GOVERNOR FORD AND THE PROPHET--TAYLOR'S REPORT OF THE INTERVIEW--TESTIMONY TO THE EXISTENCE OF A CARTHAGE CONSPIRACY AGAINST THE PROPHET'S LIFE.
_Wednesday, June 26, 1844; 7 a.m.--_Joseph, Hyrum, and the rest of the brethren, took breakfast with Stigall, and were then removed to the room upstairs.
Dr. Southwick went to see the Governor.
[Sidenote: Messages to the Governor]
At 7:30 a.m., Markham, Wasson, and Jones were severally sent by Joseph with messages to the Governor, but at 8 a.m., got no return. He also sent word to his counsel that he wanted a change of venue to Quincy, Adams County.
At 8 a.m., Joseph and Hyrum had a conversation with the jailor, Mr. Stigall, who said a week last Wednesday the mob were calculating to have made an attack on Nauvoo, and they expected about 9000 persons, but only about 200 came. They had sent runners to Missouri, and all around the counties in Illinois.
At ten minutes past 8 o'clock a.m. Joseph wrote to Governor Ford, as follows and sent it by Mr. Stigall:--
Letter--Joseph Smith to Governor Ford--Soliciting an Interview.
CARTHAGE JAIL, June 26, 1844.
Ten minutes past 8 a.m.
His Excellency Governor Ford:
SIR.--I would again solicit your excellency for an interview having been much disappointed the past evening. I hope you will not deny me this privilege any longer than your public duties shall absolutely require.
{576} We have been committed under a false mittimus, and consequently the proceedings are illegal, and we desire the time may be hastened when all things shall be made right, and we relieved from this imprisonment.
Your servant,
JOSEPH SMITH.
P. S.--Please send an answer per bearer.
[Sidenote: Word from Governor Ford.]
At 8:30 a.m., Markham and Jones returned, stating that the Governor said he was taken by surprise last evening, and was very sorry. Was afraid we would think he had forfeited his word about having an interview, that the wrath of the people was about to turn on the head of Jackson, the mob, &c. That the Governor was doing as fast as he could.
Twelve minutes before 9. Received the following reply on the same sheet:--
"The interview will take place at my earliest leisure to-day.
"GOVERNOR FORD."
[Sidenote: Consultation with Counsel]
Ten minutes to 9. Mr. Reid and others arrived at the jail and investigated the merits of the case, and concluded to take a change of venue before Justice Greenleaf, of Augusta, Hancock county, and to send for Dr. James H. Lyon, Col. J. Brewer, Edward Bonney, M. G. Eaton, Dr. Abiathar Williams, Thomas A. Lyne, George J. Adams, Dr. J. M. Bernhisel, Daniel H. Wells, Daniel Spencer, Orson Spencer, Dr. J. R. Wakefield, George P. Stiles, Jonathan Dunham, Albert P. Rockwood, Captain G. C. Anderson, William Marks, Hiram Kimball, Lorenzo D. Wasson, and Samuel Searles, as witnesses.
[Sidenote: Interview with Gov. Ford.]
9:27 a.m. The Governor, in company with Col. Thomas Geddes, arrived at the jail, when a lengthy conversation was entered into in relation to our difficulties; and after some preliminary remarks, at the Governor's request Brother Joseph gave him a general outline of the state of the country, {577} the tumultuous, mobocratic movements of our enemies, the precautionary measures used by himself, (Joseph Smith) the acts of the City Council, the destruction of the press, and the moves of the mob and ourselves up to that time.
The Following Account of this Interview is from the Manuscript History of the Church in the Historian's Office, and not Hitherto Published.
Joseph Smith stated to them [Governor Ford and Col. Geddes] the origin of the difficulty, the facts relating to the Expositor press, the course pursued by the City Council; the legality, as they thought, of their legislation; the pledges that he had made by letter and sent by expresses to his Excellency, that he was willing to satisfy all legal claims in case it should be shown that the City Council had transcended their legal bounds, etc., and that the Legion had been called out for the protection of the city, while it was threatened with immediate hostilities by an infuriated mob, until his Excellency could afford relief, and not for the purpose of invasion. (The Governor seemed to be satisfied that this was the truth, but still he did not interfere in their illegal imprisonment). Joseph adverted to all the leading causes which gave rise to the difficulties under consideration in a brief, but lucid, energetic and impressive manner. The Governor said he was satisfied it was the truth. General Smith then read copies of the orders and proceedings of the City Council of Nauvoo, concerning the destruction of the Expositor press, and of the correspondence forwarded to his Excellency, in relation thereto; and also informed him concerning the calling out of the Legion, and the position they occupied of absolute necessity, not to make war upon, or invade the rights of any portion of the citizens of the State; but it was the last resort, and only defense_, in the absence of executive protection,_ against a large, organized military and mobocratic foe.
General Smith reminded his Excellency that the question in dispute [the Expositor case] was a civil matter, and to settle which needed no resort to arms, and that he was ready at any time, and had always been ready to answer any charge that might be preferred against him, either as the Lieutenant General of the Legion, the Mayor of the City, or as a private individual, in any court of justice, which was unintimidated by a mob or military array_, and make all the satisfaction that the law required, if any, etc._ The Governor said he had not called out this force; [i. e., {578} the one then gathered at Carthage] but found it assembled in military array, without his orders, on his arrival at Carthage, and that the laws must be enforced, but that the prisoners must and should be protected, and he again pledged his word, and the faith and honor of the State, that they should be protected. He also stated that he intended to march his forces (that is, those who had assembled for mobocratic purposes; and whom he had mustered into his service) to Nauvoo to gratify_ them, and that the prisoners should accompany them, and then return again to attend the trial before the said magistrate, which he said had been postponed for the purpose of making this visit. (John S. Fullmer) Joseph alluded to the coming of Constable Bettisworth when he gave himself up, also to his offer to go before any other justice of the peace,_ and called upon some twenty bystanders to witness that he submitted to the writ, but for fear of his life if he went to Carthage he had preferred to go before Esq. Daniel H. Wells, a gentleman of high legal attainments, who is in no way connected with the Mormon Church.
Joseph also said that he had sent frequent expresses and letters to the Governor; that Dr. J. R. Wakefield, Dr. J. M. Bernhisel and Mr. Sidney Rigdon also had written letters to the Governor; that he had written another letter to the Governor which was sent on the 15th of June by Mr. James; that he had written again on the 16th of June, enclosing affidavits, and sent them by Messrs. Edward Hunter, Phillip B. Lewis and John Bills. He also read Captain Anderson's certificate of the proceedings of the mob at Warsaw; also his Proclamation, his orders as Lieutenant General to Major General Dunham, the proceedings of the City Council of Nauvoo, and copies of communications forwarded to Springfield; also his letter of the 21st of June which was sent by Dr. Bernhisel, and Mr. John Taylor, and his letter of the 22nd, which was sent by Lucien Woodworth and Squire Woods.
Marshal John P. Greene explained about giving passes to persons going in and out of the city, and denied that any arrests had been made.
The Governor referred to the trial before Esq. Wells, which did not satisfy the feelings of the people in and about Carthage. The Governor admitted that sufficient time had not been allowed by the posse for the defendants to get ready, or to gather their witnesses, said it can be very safely admitted that your statements are true, and was satisfied now that the people of Nauvoo had acted according to the best of their judgment.
Mr. Reid said that it was very evident from the excitement created by Mr. Smith's enemies it would have been unsafe for him to come to Carthage, for under such circumstances he could not have had an impartial trial.
{579} The Governor said he came here to enforce the laws on all the people whether Mormons or not; and then expressed his feelings about the destruction of the Expositor press.
Joseph spoke of his imprisonment in Missouri, and of the shameful kidnapping of his witnesses, and their being thrust into prison to prevent them from giving their testimony in his favor.
Governor Ford spoke of the Constitution.
Joseph said we were willing to pay for the press, as he did not want the owners to suffer any loss by it, [i. e. its suppression] neither did he wish such a libelous paper to be published in Nauvoo. As for calling out the Nauvoo Legion, if it was intended to resist the government of the State, it would be treason; but, as they believed, they were endeavoring to defend themselves, and had no such intention as to resist the government--it was all right.
The following report is by Elder John Taylor. [1]
Elder John Taylor's Account of Governor Ford's and President Smith's Interview.
_Governor--General Smith, I believe you have given me a general outline of the difficulties that have existed in the country, in the documents forwarded to me by Dr. Bernhisel and Mr. Taylor; but, unfortunately, there seems to be a discrepancy between your statements and those of your enemies. It is true that you are substantiated by evidence and affidavit, but for such an extraordinary excitement as that which is now in the country, there must be some cause, and I attribute the last outbreak to the destruction of the Expositor,_ and to your refusal to comply with the writ issued by Esq. Morrison. The press in the United States is looked upon as the great bulwark of American freedom, and its destruction in Nauvoo was represented and looked upon as a high-handed measure, and manifests to the people a disposition {580} on your part to suppress the liberty of speech and of the press; this, with your refusal to comply with the requisition of a writ, I conceive to be the principal cause of this difficulty, and you are, moreover, represented to me as turbulent and defiant of the laws and institutions of your country.
_Gen. Smith.--_Governor Ford, you, sir, as Governor of this State, are aware of the prosecutions and persecutions that I have endured. You know well that our course has been peaceable and law-abiding, for I have furnished this State, ever since our settlement here, with sufficient evidence of my pacific intentions, and those of the people with whom I am associated, by the endurance of every conceivable indignity and lawless outrage perpetrated upon me and upon this people since our settlement here, and you yourself know that I have kept you well posted in relation to all matters associated with the late difficulties. If you have not got some of my communications, it has not been my fault.
Agreeably to your orders, I assembled the Nauvoo Legion for the protection of Nauvoo and the surrounding country against an armed band of marauders, and ever since they have been mustered I have almost daily communicated with you in regard to all the leading events that have transpired; and whether in the capacity of mayor of the city; or lieutenant-general of the Nauvoo Legion, I have striven to preserve the peace and administer even-handed justice to all; but my motives are impugned, my acts are misconstrued, and I am grossly and wickedly misrepresented. I suppose I am indebted for my incarceration here to the oath of a worthless man that was arraigned before me and fined for abusing and maltreating his lame, helpless brother.
That I should be charged by you, sir, who know better, of acting contrary to law, is to me a matter of surprise. Was it the Mormons or our enemies who first commenced these difficulties? You know well it was not us; and when this turbulent, outrageous people commenced their insurrectionary movements, I made you acquainted with them, officially, and asked your advice, and have followed strictly your counsel in every particular.
Who ordered out the Nauvoo Legion? I did, under your direction. For what purpose? To suppress these insurrectionary movements. It was at your instance, sir, that I issued a proclamation calling upon the Nauvoo Legion to be in readiness, at a moment's warning, to guard against the incursions of mobs, and gave an order to Jonathan Dunham acting major-general, to that effect. Am I then to be charged for the acts of others; and because lawlessness and mobocracy abound, am I when carrying out your instructions, to be charged with not abiding the {581} law? Why is it that I must be held accountable for other men's acts? If there is trouble in the country, neither I nor my people made it, and all that we have ever done, after much endurance on our part, is to maintain and uphold the Constitution and institutions of our country, and to protect an injured, innocent, and persecuted people against misrule and mob violence.
Concerning the destruction of the press to which you refer, men may differ somewhat in their opinions about it; but can it be supposed that after all the indignities to which we have been subjected outside, that this people could suffer a set of worthless vagabonds to come into our city, and right under our own eyes and protection, vilify and calumniate not only ourselves, but the character of our wives and daughters, as was impudently and unblushingly done in that infamous and filthy sheet? There is not a city in the United States that would have suffered such an indignity for twenty-four hours.
Our whole people were indignant, and loudly called upon our city authorities for redress of their grievances, which, if not attended to they themselves would have taken the matter into their own hands, and have summarily punished the audacious wretches, as they deserved.
The principles of equal rights that have been instilled into our bosoms from our cradles, as American citizens, forbid us submitting to every foul indignity, and succumbing and pandering to wretches so infamous as these. But, independent of this, the course that we pursued we considered to be strictly legal; for, notwithstanding the insult we were anxious to be governed strictly by law, and therefore convened the City Council; and being desirous in our deliberations to abide law, summoned legal counsel to be present on the occasion.
Upon investigating the matter, we found that our City Charter gave us power to remove all nuisances; and, furthermore, upon consulting Blackstone upon what might be considered a nuisance, that distinguished lawyer, who is considered authority, I believe, in all our courts, states, among other things, that a libelous and filthy press may be considered a nuisance, and abated as such.
Here, then one of the most eminent English barristers, whose works are considered standard with us, declares that a libelous press may be considered a nuisance; and our own charter, given us by the legislature of this State, gives us the power to remove nuisances; and by ordering that press abated as a nuisance, we conceived that we were acting strictly in accordance with law. We made that order in our corporate capacity, and the City Marshal carried it out. It is possible {582} there may have been some better way, but I must confess that I could not see it.
In relation to the writ served upon us, we were willing to abide the consequences of our own acts, but were unwilling, in answering a writ of that kind, to submit to illegal exactions sought to be imposed upon us under the pretense of law, when we knew they were in open violation of it.
When that document was presented to me by Mr. Bettisworth, I offered, in the presence of more than 20 persons, to go to any other magistrate, either in our city of Appanoose, or any other place where we should be safe, but we all refused to put ourselves into the power of a mob.
What right had that constable to refuse our request? He had none according to law; for you know, Governor Ford, that the statute law in Illinois is, that the parties served with the writ shall go before him who issued it, or some other justice of the peace. Why, then, should we be dragged to Carthage, where the law does not compel us to go? Does not this look like many others of our prosecutions with which you are acquainted? And had we not a right to expect foul play?
This very act was a breach of law on his part--an assumption of power that did not belong to him, and an attempt, at least, to deprive us of our legal and constitutional rights and privileges. What could we do under the circumstances different from what we did do? We sued for, and obtained a writ of habeas corpus from the Municipal Court, by which we were delivered from the hands of Constable Bettisworth, and brought before and acquitted by the Municipal Court.
After our acquittal, in a conversation with Judge Thomas, although he considered the acts of the party illegal, he advised, that to satisfy the people, we had better go before another magistrate who was not in our Church.
In accordance with his advice we went before Esq. Wells, with whom you are well acquainted; both parties were present, witnesses were called on both sides, the case was fully investigated, and we were again dismissed.
And what is this pretended desire to enforce law, and these lying, base rumors put into circulation for, but to seek, through mob influence, under pretense of law, to make us submit to requisitions that are contrary to law, and subversive of every principle of justice?
And when you, sir, required us to come out here, we came, not because it was legal, but because you required it of us, and we were desirous of showing to you and to all men that we shrunk not from the most rigid investigation of our acts.
{583} We certainly did expect other treatment than to be immured in a jail at the instance of these men, and I think, from your plighted faith, we had a right to, after disbanding our own forces, and putting ourselves entirely in your hands; and now, after having fulfilled my part, sir, as a man and an American citizen, I call upon you, Governor Ford, and think I have a right to do so, to deliver us from this place, and rescue us from this outrage that is sought to be practiced upon us by a set of infamous scoundrels.
_Gov. Ford--_But you have placed men under arrest, detained men as prisoners, and given passes to others, some of which I have seen.
_John P. Greene, City Marshal--_Perhaps I can explain. Since these difficulties have commenced, you are aware that we have been placed under very peculiar circumstance, our city has been placed under a very rigid police guard; in addition to this, frequent guards have been placed outside the city to prevent any sudden surprise, and those guards have questioned suspected or suspicious persons as to their business.
To strangers, in some instances, passes have been given, to prevent difficulty in passing those guards. It is some of those passes that you have seen. No person, sir, has been imprisoned without a legal cause in our city.
_Gov.--_Why did you not give a more speedy answer to the posse that I sent out?
_Gen. Smith.--_We had matters of importance to consult upon. Your letter showed anything but an amicable spirit. We have suffered immensely in Missouri from mobs, in loss of property, imprisonment, and otherwise.
It took some time for us to weigh duly these matters. We could not decide upon the matters of such importance immediately, and your posse were too hasty in returning. We were consulting for a large people, and vast interests were at stake.
We had been outrageously imposed upon, and knew not how far we could trust anyone; besides, a question necessarily arose, how shall we come? Your request was that we should come unarmed. It became a matter of serious importance to decide how far promises could be trusted, and how far we were safe from mob violence.
_Geddes--_It certainly did look from all I have heard, from the general spirit of violence and mobocracy that here prevails, that it was not safe for you to come unprotected.
_Gov.--_I think that sufficient time was not allowed by the posse for you to consult and get ready. They were too hasty; but I suppose they found themselves bound by their orders. I think, too, there is a {584} great deal of truth in what you say, and your reasoning is plausible; yet, I must beg leave to differ from you in relation to the acts of the City Council. That council in my opinion, had no right to act in a legislative capacity, and in that of the judiciary.
They should have passed a law in relation to the matter, and then the Municipal Court, upon complaint, could have removed it; but for the City Council to take upon themselves the law-making and the execution of the laws, in my opinion, was wrong; besides, these men ought to have had a hearing before their property was destroyed; to destroy it without was an infringement of their rights; besides, it is so contrary to the feelings of the American people to interfere with the press.
And furthermore, I cannot but think that it would have been more judicious for you to have gone with Mr. Bettisworth to Carthage, notwithstanding the law did not require it. Concerning your being in jail, I am sorry for that, I wish it had been otherwise. I hope you will soon be released, but I cannot interfere.
_Joseph Smith--_Governor Ford, allow me, sir, to bring one thing to your mind, that you seem to have overlooked. You state that you think it would have been better for us to have submitted to the requisition of Constable Bettisworth, and to have gone to Carthage.
Do you not know, sir, that that writ was served at the instance of an anti-Mormon mob, who had passed resolutions and published them to the effect that they would exterminate the Mormon leaders; and are you not informed that Captain Anderson was not only threatened when coming to Nauvoo, but had a gun fired at his boat by this said mob at Warsaw, when coming up to Nauvoo, and that this very thing was made use of as a means to get us into their hands, and we could not, without taking an armed force with us, go there without, according to their published declarations, going into the jaws of death?
To have taken a force would only have fanned the excitement, as they would have stated that we wanted to use intimidation, therefore we thought it the most judicious to avail ourselves of the protection of the law.
_Gov.--_I see, I see.
_Joseph Smith--_Furthermore, in relation to the press, you say that you differ with me in opinion; be it so, the thing after all is a legal difficulty, and the courts I should judge competent to decide on that matter.
If our act was illegal, we are willing to meet it; and although I cannot see the distinction that you draw about the acts of the City Council, and what difference it could have made in point of fact, law, or justice, between the City Council's acting together or separate, or how {585} much more legal it would have been for the Municipal Court, who were a part of the City Council, to act separate, instead of with the councilors.
Yet, if it is deemed that we did a wrong in destroying that press, we refuse not to pay for it. We are desirous to fulfill the law in every particular, and are responsible for our acts.
You say that the parties ought to have had a hearing. Had it been a civil suit, this of course would have been proper; but there was a flagrant violation of every principle of right, a nuisance, and it was abated on the same principle that any nuisance, stench, or putrified carcass would have been removed.
Our first step, therefore, was to stop the foul, noisome, filthy sheet, and then the next, in our opinion, would have been to have prosecuted the men for a breech of public decency.
And furthermore, again, let me say, Governor Ford, I shall look to you for our protection. I believe you are talking of going to Nauvoo; if you go, sir, I wish to go along. I refuse not to answer any law, but I do not consider myself safe here.
Gov. I am in hopes that you will be acquitted; but if I go, I will certainly take you along. I do not, however, apprehend danger. I think you are perfectly safe, either here or anywhere else. I cannot, however, interfere with the law. I am placed in peculiar circumstances and seem to be blamed by all parties.
_Joseph Smith--_Governor Ford, I ask nothing but what is legal, I have a right to expect protection at least from you; for, independent of law, you have pledged your faith, and that of the State, for my protection, and I wish to go to Nauvoo.
_Gov.--_And you shall have protection, General Smith. I did not make this promise without consulting my officers, who all pledged their honor to its fulfillment. I do not know that I shall go tomorrow to Nauvoo, but if I do, I will take you along. [2]
{586} _10:15 a.m.--_The Governor left after saying that the prisoners were under his protection, and again pledging himself that they should be protected from violence, and telling them that if the troops marched the next morning to Nauvoo, as he then expected, they should probably be taken along, in order to insure their personal safety, with how much sincerity may be seen by the following affidavits:--
Affidavit--Alfred Randall--Threats against the Prophet's life in Carthage.
TERRITORY OF UTAH,
GREAT SALT LAKE CITY. ss
Personally appeared before me, Thomas Bullock, Recorder of Great Salt Lake County, Alfred Randall, who deposes and says, that about ten o'clock on the morning of the (26th) twenty sixth day of June, one thousand eight hundred and forty-four, he was in Carthage, Hancock county, Illinois, and as the troops, under Governor Thomas Ford, were in squads around the square, he went up to several of them, and heard one of the soldiers say: "When I left home I calculated a see old Joe dead before I returned," when several others said, "So did I," "So did I," and "I'll be damned if I don't," was the general reply.
One fellow then spoke up and said "I shouldn't wonder if there is some damned Mormon hearing all we have to say." Another who stood next to Randall, replied, "If I knew there was, I would run him through with my bayonet."
In a few minutes Randall went to another crowd of soldiers, and heard one say, "I guess this will be the last of old Joe." From there Randall went to Hamilton's Hotel, where Governor Thomas Ford was standing by the fence side, and heard another soldier tell Governor Thomas Ford, "The soldiers are determined to see Joe Smith dead before they leave here." Ford replied, "If you know of any such thing keep it to yourself."
In a short time Randall started for his own home, stayed all night, and arrived in Nauvoo on the twenty-seventh of June, when Governor {587} Ford was making his notorious speech to the citizens. And further this deponent saith not.
ALFRED RANDALL.
Subscribed and sworn to before me this twelfth day of February, one thousand eight hundred and fifty-five.
THOMAS BULLOCK,
Recorder, Great Salt Lake County.
Affidavit--Jonathan C. Wright--Conspiracy against the Prophet's Life at Carthage.
On the 26th day of June, A. D. 1844, near the mansion in the city of Nauvoo, I fell in company with Col. Enoch C. March and Geo. T. M. Davis, Esq.. from Alton, Illinois, editor of the_ Telegraph_, who had just arrived from Carthage, where they said they had been for some days, in company with Governor Ford and others, in council upon the subject of the arrest and trial of Joseph and Hyrum Smith, who were then prisoners in the county jail in Carthage.
After considerable conversation between myself and them on the subject of the Mormon religion, and the reasons why I had embraced that faith, and renounced my former religious discipline--viz, that of the Methodists, Mr. March asked me what I thought of Joe Smith, and if I had any hopes of his return to Nauvoo in safety.
I answered that I knew Joseph Smith was a true Prophet of the living God, as good and virtuous a man as ever lived upon the earth; that the Book or Mormon was true as holy writ, and was brought forth precisely in the way and manner it purported to be, by the gift and power of the Lord Almighty, and from no other source; and that the revelations he had received and published were eternal truth, and heaven and earth would pass away before one jot or tittle of the same should fail, and all that he pretended and testified to concerning the ministration of holy angels from the heavens to him, the Urim and Thummim, the voice of God, his correspondence with the heavens, was the truth and nothing but the truth; and that in relation to his return I had no doubt but that he would be honorably discharged upon his trial by the court, and would be preserved in safety from the power of his enemies; that he was in the hands of his God, whom he loved and faithfully served; and He, who held the destinies of nations in His own hands, would deliver him from his enemies, as He had done hundreds of times before.
Col. March replied, "Mr. Wright, you are mistaken, and I know it; you do not know what I know; I tell you they will kill Joe Smith before he leaves Carthage, and I know it, and you never will see him alive {588} again." Said I, "Enoch, I do not believe it, he is in the hands of God, and God will deliver him." Says he, "I know better; when you hear of him again, you will hear he is dead, and I know it. The people at Carthage wanted permission from the Governor to kill you all and burn up your city, and Ford (the Governor) asked me if I thought it was best to suffer it. I replied, "No, no, for God's sake, Ford, don't suffer it, that will never do, no never. Just see for a moment, Ford, what that would do; it would be the means of murdering thousands of innocent men, women and children, and destroying thousands of dollars' worth of property, and that would never do, it would not be sanctioned, it would disgrace the nation. You have now got the principle men here under your own control, they are all you want, what more do you want? When they are out of the way the thing is settled, and the people will be satisfied, and that is the easiest way you can dispose of it; and Governor Ford concluded upon the whole that was the best policy, and I know it will be done."
MAYOR'S OFFICE, GREAT SALT LAKE CITY, UTAH TERRITORY,
Jan. 13th, A. D. 1855.
Personally appeared before me, Jedediah M. Grant, Mayor of said City, Jonathan Calkins Wright, who being duly sworn, deposeth and saith that the foregoing statement contained in his report of the conversation between himself and Enoch C. March, in presence of Geo. T. M. Davis, Esq., on the 26th day of June, 1844, in the city of Nauvoo, is true to the best of his knowledge and belief; and further this deponent saith not.
JONATHAN CALKINS WRIGHT.
Sworn to and subscribed before me, this 13th day of January, 1855, in Great Salt Lake City, Utah Territory.
J. M. GRANT,
Mayor of Great Salt Lake City.
Affidavit:--Orrin P. Rockwell--Gov. Ford in Nauvoo.
Personally appeared before me, Thomas Bullock, County Recorder in and for Great Salt Lake County, in the Territory of Utah, Orrin P. Rockwell, who being first duly sworn, deposeth and saith that about the hour of 3 o'clock in the afternoon of the 27th day of June, one thousand eight hundred forty-four, a short time only before Governor Ford addressed the citizens of Nauvoo, he (Ford) and his suit occupied an upper room in the mansion of Joseph Smith, in the city of Nauvoo, when he, the said Rockwell, had of necessity to enter said upper room for his hat, and as he entered the door, all were sitting silent except one man, who was standing behind a chair making a speech, and while in the act of dropping his right hand from an uplifted position, said. "The {589} deed is done before this time," which were the only words I heard while in the room, for on seeing me they all hushed in silence. At that time I could not comprehend the meaning of the words, but in a few hours after I understood them as referring to the murder of Joseph and Hyrum Smith in Carthage jail.
ORRIN P. ROCKWELL,
Subscribed and sworn to before me, the fourteenth day of April, 1856.
THOMAS BULLOCK.
Recorder of Great Salt Lake County.
Affidavit:--Wm. G. Sterrett--Conduct of Gov. Ford and Posse While in Nauvoo.
STATE OF DESERET, GREAT SALT LAKE COUNTY.
Personally appeared before me, Thomas Bullock, Recorder in and for Great Salt Lake County, this third day of October, one thousand eight hundred and fifty, William G. Sterrett, who being first duly sworn, deposeth and saith that on the twenty-seventh day of June, one thousand eight hundred and forty-four, in the city of Nauvoo, county of Hancock, and State of Illinois, I heard Thomas Ford, Governor of Illinois, address an assembly of several thousand citizens, gathered around the frame of a building situated at the corner of Water and Main streets. He reproached the people in severe terms for the course they had taken in resisting the posse comitatus, and among other things, "The retribution thereof will be terrible, and you must make up your minds for it. I hope you will not make any more trouble, but be a law-abiding people, for if I have to come again it will be worse for you."
And your deponent further saith, that about half-past five in the afternoon the said Governor Thomas Ford and his guard visited the Temple and the workshops on the Temple block,
Mr. Alpheus Cutler, one of the building committee of the Temple, sent me to watch them in and about the Temple. I was close to the Governor when one of his men called him to look at one of the oxen of the font in the basement of the Temple, that had part of one horn broken off. The Governor stepped up to it, and laying his hand on it remarked, "This is the cow with the crumply horn, that we read of." One of the staff continued, "That tossed the maiden all forlorn," and they all had a laugh about it.
Several of the horns were broken off the oxen by the Governor's attendants. A man who stood behind me said, "I'll be damned but I should like to take one of those horns home with me, to show as a curiosity, but it is a pity to break them off."
{590} After they had passed round the font, one of them remarked, "This temple is a curious piece of workmanship, and it was a damned shame that they did not let Joe Smith finish it, so that we could have seen what sort of a finish he would have put on it, for it is altogether a different style of architecture from any building I have ever seen or read about." Another said, "But he is dead by this time, and he will never see this temple again."
I replied, "They cannot kill him until he has finished his work." The Governor thereupon gave a very significant grin, when one of his suit who stood next to me said, "Whether he has finished his work or not by God he will not see this place again, for he's finished before this time."
Another of his suit pulled out his watch and said, "Governor, it's time we were off, we have been here too long already. Whether you go or not, I'm going to leave, and that damned quick." The Governor said, "Yes, it's time for us to be going." They then all left the stone shop, mounted their horses, which were hitched near the temple, and went out of the city towards Carthage by way of Mulholland Street, taking with them one of the horns that the company had knocked off. Further this deponent saith not.
WM. G. STERRETT.
Sworn to and subscribed before me, this day and year first above written.
THOMAS BULLOCK,
Great Salt Lake County Recorder.
While Joseph was writing at the jailor's desk, William Wall stepped up, wanting to deliver a verbal message to him from his uncle John Smith. He turned round to speak to Wall, but the guard refused to allow them any communication.
At noon Joseph wrote to Judge Thomas as follows:
Letter: Joseph Smith to Judge Thomas--Engaging Thomas as Legal Counsel.
CARTHAGE JAIL, June 26, 1844.
His Hon. Judge Thomas.
DEAR SIR,--You will perceive by my date that I am in prison. Myself and brother Hyrum were arrested yesterday on charge of treason without bringing us before the magistrate; last evening we were committed {591} on a mittimus from Justice Robert F. Smith, stating that we had been before the magistrate, which is utterly false; but from the appearance of the case at present, we can have no reasonable prospect of anything but partial decisions of law, and all the prospect we have of justice being done is to get our case on habeas corpus before an impartial judge; the excitement and prejudice is such in this place, testimony is of little avail.
Therefore, sir, I earnestly request your honor to repair to Nauvoo without delay, and make yourself at home at my house until the papers can be in readiness for you to bring us on habeas corpus. Our witnesses are all at Nauvoo, and there you can easily investigate the whole matter, and I will be responsible to you for all the trouble and expense.
Footnotes:
1. This report of the Prophet's interview with Governor Ford, it is only proper to say, was not written until a number of years after the interview took place. (See ms. Statement, Feb. 22, 1847, on Atlantic Ocean; also in Taylor's Journal, kept at Nauvoo, c. f. with "The Martyrdom of Joseph and Hyrum Smith, opening paragraphs, published in Tyler's "Mormon Battalion.") The extract above quoted is taken from "Taylor's Martyrdom of Joseph and Hyrum Smith," written at the request of George A. Smith and Wilford Woodruff "Church Historian," hence no earlier than 1854-1856, since Geo. A. Smith did not become Historian until the year first given, and Wilford Woodruff, assistant Historian in the second. The interview therefore, though given in dialogue form, can only be Elder Taylor's recollection of it, and could not be a verbatum report.
2. Thomas Gregg, author of the History of Hancock County, page 372, gives the following statement of Col. Thomas Geddes mentioned in the above interview as the companion of Governor Ford. If true, and it is quite in keeping with all the circumstances and with both the character and subsequent actions of the Governor, then it is a very important statement as showing the double dealing of which Governor Ford was always suspected in relation to his course with reference to the difficulties between the citizens of Nauvoo and their enemies. And now Col. Geddes as reported by Gregg:
"While the Smiths were in jail, I went to the jail in company with Governor Ford, and there we conversed with them for some time, the burden of Smith's talk being that they were only acting in self-defense, and only wanted to be let alone. After leaving the jail, and while returning from it, the Governor and I had still further conversation about the subject matter. After some time the Governor exclaimed, "O, it's all nonsense; you will have to drive these Mormons out yet!" I then said: "If we undertake that, Governor, when the proper time comes, will you interfere?" "No, I will not," said he; then, after a pause, adding, "until you are through!"
{592}
Chapter XXXI
THE PROPHET IN CARTHAGE PRISON--THE UNION OF JUDICIAL, EXECUTIVE, AND MILITARY AUTHORITY IN DEALING WITH THE PRISONERS--THE LAST NIGHT IN PRISON.
_Wednesday, June 26, 1844.--(Noon)--_Willard Richards made copies of the orders of Joseph Smith as Mayor to Marshal John P. Greene, and as Lieut.-General to Major-General Jonathan Dunham.
[Sidenote: The Prophet's Anxiety for His own Safety.]
Joseph remarked, "I have had a good deal of anxiety about my safety since I left Nauvoo, which I never had before when I was under arrest. I could not help those feelings, and they have depressed me." Most of the forenoon was spent by Dan Jones and Col. Stephen Markham in hewing with a penknife a warped door to get it on the latch, thus preparing to fortify the place against any attack.
The Prophet, Patriarch, and their friends took turns preaching to the guards, several of whom were relieved before their time was out, because they admitted they were convinced of the innocence of the prisoners. They frequently admitted they had been imposed upon, and more than once it was heard, "Let us go home, boys, for I will not fight any longer against these men."
[Sidenote: Hyrum as Comforter.]
During the day Hyrum encouraged Joseph to think that the Lord, for his Church's sake, would release him from prison. Joseph replied, "Could my brother, Hyrum but be liberated, it would not matter so much about me. Poor Rigdon, I am glad he is gone to Pittsburgh out of the way; were he to preside he {593} would lead the Church to destruction in less than five years."
Dr. Richards was busily engaged writing as dictated by the Prophet, and Elder Taylor amused him by singing. Joseph related his dream about William and Wilson Law, also his dream about trying to save a steamboat in a storm.
[Sidenote: Status of Prisoners Under the Law.]
One of the counsel for the prosecution expressed a wish to Esq. Reid, that the prisoners should be brought out of jail for examination on the charge of treason. He was answered that the prisoners had already been committed "until discharged by due course of law," and therefore the justice and constable had no further control of the prisoners, and that if the prosecutors wished the prisoners brought out of jail, they might bring them out on a writ of_ habeas corpus,_ or some other "due course of law," when we would appear and defend.
_12:30, noon--_Dr. Bernhisel arrived at the jail.
Mr. Reid came with the following letter from General Deming.
Letter--Gen. Miner R. Deming to Joseph Smith--Protection and Admission to Presence of the Prophet.
_Messrs. Smith,--_I was requested by the governor to order you such protection as circumstances might require. The guard have been acting upon the supposition that your protection excluded all persons but those admitted by a pass. I have caused the officer of the guard to be correctly instructed of his duties, so that you need suffer no further inconvenience.
M. R. DEMING, Brig.-Gen'l.
Headquarters,
Carthage, June 26, 1844.
[Sidenote: Effect of a False Commitment.]
Counselor Reid said that he had got the magistrate on a pin hook, for the magistrate had committed them without examination, and had no further jurisdiction in the case, {594} and he would not agree to a trial unless (Captain) Justice Smith would consent to go to Nauvoo for examination, where witnesses could be had.
Reid said that a week ago, Harmon T. Wilson and another, had concocted a scheme for a writ to take Joseph, and when he was apprehended, to take him to Missouri; and Harmon T. Wilson returned from Missouri the night before the burning of the press.
_1 p.m.--_Willard Richards wrote to his wife, and sent the letter by Cyrus C. Canfield.
[Sidenote: Threats in Governor's Presence.]
It was common conversation on the camp ground and in the dining-room of the hotel, in the presence of Governor Ford, "The law is too short for these men, but they must not be suffered to go at large;" and, "if the law will not reach them, powder and ball must."
[Sidenote: Loyalty of Mr. Stigall to His Prisoners.]
_Half past 2--_Constable Bettisworth came with Alexander Simpson, and wanted to come in, with an order to the jailor demanding the prisoners; but as Mr. Stigall, the jailor, could find no law authorizing a justice of the peace to demand prisoners committed to his charge, he refused to give them up until discharged from his custody by due course of the law.
[Sidenote: Conference of Gov. Ford and Justice Smith.]
Justice Robert F. Smith then inquired what he must do. Governor Ford replied, "We have plenty of troops; there are the Carthage Greys under your command bring them out." Joseph sent Lorenzo D. Wasson to inform the Governor of what had just taken place, and also to inform his counsel, Messrs. Reid and Woods.
_Twenty minutes to 3--_Dr. Bernhisel returned from the Governor, and said apparently the Governor was doing all he could.
_3 p.m.--_Wrote to Messrs. Woods and Reid as follows which was carried by Elder John Taylor.
{595}
Letter: Joseph Smith to Messrs. Woods and Reid--Anent Excitement in Carthage.
CARTHAGE JAIL, June 26, 3 p.m.
Messrs. Woods and Reid.
SIRs,--Constable Bettisworth called a little while since, and wanted to come in, the guard would not [allow it]. We have since learned that he wanted to take us before the magistrate, and we have since learned that there is some excitement because we did not go, and we wish to see you without delay.
We are informed that Dr. Foster has said that they can do nothing with us, only by powder and ball, as we have done nothing against the law.
Yours,
JOSEPH SMITH.
Per W. RICHARDS.
[Sidenote: Joseph and Hyrum Smith Forced from Prison.]
_Twenty minutes to 4--_Upon the refusal of the jailor to give up the prisoners, the constable with the company of Carthage Greys, under the command of Frank Worrell, marched to the jail, and by intimidation and threats, compelled the jailor, against his will and conviction of duty, to deliver Joseph and Hyrum to the Constable, who forthwith, and contrary to their wishes, compulsorily took them.
Joseph, seeing the mob gathering and assuming a threatening aspect, concluded it best to go with them then, and putting on his hat, walked boldly into the midst of a hollow square of the Carthage Greys; yet evidently expecting to be massacred in the streets before arriving at the Court House, politely locked arms with the worst mobocrat he could see, and Hyrum locked arms with Joseph, followed by Dr. Richards, and escorted by a guard. Elders Taylor, Jones, Markham, and Fullmer followed, outside the hollow square, and accompanied them to the court room.
[Sidenote: Prisoners Before the Court.]
_4 o'clock.--_Case called by Robert F. Smith, Captain of {596} the Carthage Greys. The counsel for the prisoners then appeared, and called for subpoenas for witnesses on the part of the prisoners, and expressed their wish to go into the examination as soon as the witnesses could be brought from Nauvoo to Carthage. This was objected to most vehemently by the opposite counsel.
_4:25.--_Took copy of order to bring prisoners from jail for trial, as follows:--
Copy of Order to Bring Prisoners into Court.
STATE OF ILLINOIS,
HANCOCK COUNTY. ss
To David Bettisworth, Constable of said county.
You are hereby commanded to bring the bodies of Joseph Smith and Hyrum Smith from the jail of said county, forthwith before me at my office, for an examination on the charge of treason, they having been committed for safe keeping until trial could be had on such examination, and the state now being ready for such examination.
Given under my hand and seal this 26th day of June, 1844.
(Signed) R. F. SMITH, J. P. [L. S.]
_4:30--_Made a copy of the list of witnesses.
_4:35--_C. L. Higbee, O. C. Skinner, Thos. Sharp, Sylvester Emmons and Thos. Morrison, appeared as counsel for the State.
The writ was returned, endorsed,
"Served on June 25th," which was false.
Mr. Wood said, they were committed to jail without any examination whatever.
Mr. Reid urged a continuance of the case till the witnesses could be obtained from Nauvoo for the defense.
_4:45 p.m.--_Mr. Skinner suggested that the court adjourn until 12 o'clock tomorrow.
Mr. Wood proposed that the court adjourn until witnesses could be got together, or until tomorrow at any time, and again adjourn if they are not ready, without bringing the prisoners into court.
Mr. Reid hoped no compulsory measures would be made {597} use of by the prosecution in this enlightened country.
Mr. Skinner: "If witnesses cannot be had after due diligence by the defense, a continuance will be granted."
Court said this writ was served yesterday, (which was not the case, unless it could be served without the prisoners or their counsel knowing it).
[Sidenote: Examination Postponed.]
On motion of counsel for the prisoners, examination was postponed till tomorrow at 12 o'clock noon, and subpoenas were granted to get witnesses from Nauvoo, twenty miles distance, whereupon the prisoners were remanded to prison with the following mittimus:--
Second Mittimus Remanding Smith Brothers to Prison.
STATE OF ILLINOIS,
HANCOCK COUNTY. ss
To the keeper of the jail of Hancock County, Illinois, greeting:
Whereas Joseph Smith and Hyrum Smith have been arrested and brought before me, Robert F. Smith, a justice of the peace in and for said county, for examination on the charge of treason against the State of Illinois, and have applied for a continuance, which is granted until the 27th June, 1844, at 12 o'clock, m.
These are therefore to command you to receive the said Joseph Smith and Hyrum Smith into your custody in the jail of the county, there to remain until they are brought before me for said examination according to law.
Given under my hand and seal this 26th day of June, 1844.
R. F. SMITH, J. P. [L. S.]
_5:30.--_Returned to jail, and Joseph and Hyrum were thrust into close confinement.
[Sidenote: Brave Patriarch John Smith.]
Patriarch John Smith came from Macedonia to jail to see his nephews Joseph and Hyrum. The road was thronged with mobbers. Three of them snapped their guns at him, and he was threatened by many others who recognized him. The guard at the jail refused him admittance.
Joseph saw him through the prison window, and said to {598} the guard, "Let the old gentleman come in, he is my uncle." The guard replied they did not care who the hell he was uncle to, he should not go in.
[Sidenote: Pathetic Interview Between the Prophet and "Uncle John."]
Joseph replied, "You will not hinder so old and infirm a man as he is from coming in," and then said, "Come in uncle;" on which, after searching him closely the guard let him pass into the jail, where he remained about an hour. He asked Joseph if he thought he should again get out of the hands of his enemies, when he replied, "My brother Hyrum thinks I shall. I wish you would tell the brethren in Macedonia that they can see by this, that it has not been safe for me to visit them; and tell Almon W. Babbitt I want him to come and assist me as an attorney at my expected trial tomorrow before Captain R. F. Smith."
Father Smith then left the jail to convey this message to A. W. Babbitt, who was at Macedonia.
_6 p.m.--_Copied witnesses' names and mittimus.
Dr. Bernhisel brought the following:--
The Governor's Suggestions to the Jailor.
I would advise the jailor to keep the Messrs. Smith in the room in which I found them this morning, unless a closer confinement should be clearly necessary to prevent an escape.
THOMAS FORD,
Governor and Commander in-Chief.
June 26th, 1844.
_6:15 p.m.--_Received the following letter from William Clayton:--
Letter:--William Clayton to Joseph Smith--Conditions in Nauvoo.
NAUVOO, June 26, 1844.
DEAR PRESIDENT,--
I write this line to inform you that Mr. Marsh, who lives down the river, and of whom you have had corn, pork, etc., has sent word if you {599} want any bail he is ready for one to any amount; and further, that he has got some corn left which he wants you to have, lest the mob get it. (We will endeavor to obtain it.)
They have already taken two loads, but he has charged them a dollar a bushel for it.
The Amaranth has just landed at the foot of Main Street, and unloaded 200 bbls. flour,--95 for Mr. Kimball, and the balance for Bryant.
Captain Singleton, who came at the head of the police this morning, is sending a request to the Governor to call them home. He says he finds no difficulties to settle here, but there is plenty to settle at home. He furthermore says that while the police were at Carthage they were treated as soldiers, but since they came to Nauvoo they have been treated as gentlemen.
The company all got home safe and well last night.
A messenger is about to start forthwith to Judge Thomas.
All is peace in Nauvoo. Many threats keep coming that the mob are determined to attack the city in your absence, but we have no fears.
With fervency and true friendship, I remain yours eternally,
WILLIAM CLAYTON.
This letter was sent from Nauvoo by Joel S. Miles. Joseph instructed Cahoon to return to Nauvoo with all haste, and fetch a number of documents for the promised trial.
_Twenty-five minutes to 7.--_Sent a message to Counselor Woods to get subpoenas for Samuel James, Edward Hunter, and Philip B. Lewis, with instructions to bring with them the papers that they carried to the Governor at Springfield, and which the Governor had not seen, as he had started for Carthage before they arrived at Springfield.
_Fifteen minutes to 8.--_Supper.
[Sidenote: Militia Council meeting at Carthage.]
_8 p.m.--_Counselors Woods and Reid called with Elder John P. Greene, and said that the Governor and military officers had held a council which had been called by the Governor, and they decided that the Governor, and all the troops should march to Nauvoo at eight o'clock to-morrow, except one company of about 50 men, in order to gratify the troops, and return next day, the company {600} of fifty men to be selected by the Governor from those of the troops whose fidelity he could most rely on, to guard the prisoners, who should be left in Carthage jail; and that their trial be deferred until Saturday, the 29th.
After the consultation, the justice, (Robert F. Smith), who was one of the officers in command, altered the return of the subpoenas until the 29th. This was done without consulting either the prisoners or their counsel.
_About 8:15, p.m.--_Patriarch John Smith met Lawyer Babbitt, and delivered the message, when Babbitt replied "You are too late, I am already engaged on the other side."
_9 p.m.--_Messrs. Woods, Reid, and Greene returned to Hamilton's Hotel.
_9:15.--_Elder John Taylor prayed. Willard Richards, John Taylor, John S. Fullmer, Stephen Markham, and Dan Jones stayed with Joseph and Hyrum in the front room.
[Sidenote: The Last Night in Carthage Prison.]
During the evening the Patriarch Hyrum Smith read and commented upon extracts from the Book of Mormon, on the imprisonments and deliverance of the servants of God for the Gospel's sake. Joseph bore a powerful testimony to the guards of the divine authenticity of the Book of Mormon, restoration of the Gospel, the administration of angels, and that the kingdom of God was again established upon the earth, for the sake of which he was then incarcerated in that prison, and not because he had violated any law of God or man.
[Sidenote: Conversation with John S. Fullmer.]
They retired to rest late. Joseph and Hyrum occupied the only bedstead in the room, while their friends lay side by side on the mattresses on the floor. Dr. Richards sat up writing until his last candle left him in the dark. The report of a gun fired close by caused Joseph to arise, leave the bed, and lay himself on the floor, having Dan Jones on his left, and John S. Fullmer on his right. {601} Joseph laid out his right arm, and said to John S. Fullmer, "Lay your head on my arm for a pillow Brother John;" and when all were quiet they conversed in a low tone about the prospects of their deliverance. Joseph gave expression to several presentiments that he had to die, and said "I would like to see my family again," and "I would to God that I could preach to the Saints in Nauvoo once more." Fullmer tried to rally his spirits, saying he thought he would often have that privilege, when Joseph thanked him for the remarks and good feelings expressed to him.
[Sidenote: Prophecy on the Head of Dan Jones.]
Soon after Dr. Richards retired to the bed which Joseph had left, and when all were apparently fast asleep, Joseph whispered to Dan Jones, "are you afraid to die?" Dan said, "Has that time come, think you? Engaged in such a cause I do not think that death would have many terrors." Joseph replied, "You will yet see Wales, and fulfill the mission appointed you before you die."
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