Seventy years have done much for this goodly land. They have burst the chains of oppression and monarchy, and multiplied its inhabitants from two to twenty millions, with a proportionate share of knowledge keen enough to circumnavigate the globe, draw the lightning from the clouds, and cope with all the crowned heads of the world.
Then why—oh, why will a once flourishing people not arise, phoenix-like, over the cinders of Martin Van Buren's power, and over the sinking fragments and smoking ruins of other catamount politicians, and over the windfalls of Benton, Calhoun, Clay, Wright and a caravan of other equally unfortunate law doctors, and cheerfully help to spread a plaster and bind up theburnt, bleeding woundsof a sore but blessed country.
The Southern people are hospitable and noble. They will help to rid so free a country of every vestige of slavery, whenever they are assured of an equivalent for their property. The country will be full of money and confidence when a national bank of twenty millions, and a State bank in every State, with a million or more, gives a tone to monetary matters, and make a circulating medium as valuable in the purses of a whole community, as in the coffers of a speculating banker or broker.
The people may have faults, but they should never be trifled with. I think Mr. Pitt's quotation in the British parliament of Mr. Prior's couplet for the husband and wife, to apply to the course which the king and ministry of England should pursue to the then colonies of thenowUnited States, might be a genuine rule of action for some of thebreath-mademen in high places to use towards the posterity of this noble, daring people:—
Be to her faults a little blind;Be to her virtues very kind.
Be to her faults a little blind;Be to her virtues very kind.
We have had Democratic Presidents, Whig Presidents, a pseudo-Democratic-Whig President, and now it is time to havea President of the United States;and let the people of the whole Union, like the inflexible Romans, whenever they find apromisemade by a candidate that is notpracticedas an officer, hurl the miserable sycophant from his exaltation, as God did Nebuchadnezzar, to crop the grass of the field with a beast's heart among the cattle.
Mr. Van Buren said, in his inaugural address, that he went "into the Presidential chair the inflexible and uncompromising opponent of every attempt, on the part of Congress, to abolish slavery in the district of Columbia, against the wishes of the slave holding States, and also with a determination equally decided to resist the slightest interference with it in the States where it exists."
Poor little Matty made this rhapsodical sweep with the fact before his eyes, that the State of New York, his native State, had abolished slavery without a struggle or a groan. Great God, how independent! From henceforth slavery is tolerated where it exists, constitution or no constitution, people or no people, right or wrong:Vox Matti—Vox Diaboli("the voice of Matti"—"the voice of the Devil.") And, peradventure, his great "sub-treasury" scheme was a piece of the same mind. But the man and his measures have such a striking resemblance to the anecdote of the Welshman and his cart-tongue, that when the Constitution was so long that it allowed slavery at the capitol of a free people, it could not be cut off; but when it was so short that it needed asub-treasuryto save the funds of the nation,it could be spliced!Oh, granny, granny, what a long tail our puss has got! (As a Greek might say,Hysteron proteron, (the cart before the horse)). But his mighty whisk through the great national fire, for the presidential chestnuts,burnt the locks of his glory with the blaze of his folly!
In the United States the people are the government, and their united voice is the only sovereign that should rule, the only power that should be obeyed, and the only gentlemen that should be honored at home and abroad, on the land and on the sea. Wherefore, were I the President of the United States, by the voice of a virtuous people, I would honor the old paths of the venerated fathers of freedom; I would walk in the tracks of the illustrious patriots who carried the ark of the government upon their shoulders with an eye single to the glory of the people and when that people petitioned to abolish slavery in the slave States, I would use all honorable means to have their prayers granted, and give liberty to the captive by paying the Southern gentlemen a reasonable equivalent for his property; that the whole nation might be free indeed!
When the people petitioned for a national bank, I would use my best endeavors to have their prayers answered, and establish one on national principles to save taxes, and make them the controllers of its ways and means. And when the people petitioned to possess the Territory of Oregon, or any other contiguous territory, I would lend the influence of a chief magistrate to grant so reasonable a request, that they might extend the mighty efforts and enterprise of a free people from the east to the west sea, and make the wilderness blossom as the rose. And when a neighboring realm petitioned to join the union of the sons of liberty, my voice would become—yea, come, Texas; come, Mexico; come, Canada; and come, all the world: let us be brethren, let us be one great family, and let there be a universal peace. Abolish the cruel custom of prisons (except certain cases), penitentiaries, courts-martial for desertion; and let reason and friendship reign over the ruins of ignorance and barbarity; yea, I would, as the universal friend of man, open the prisons, open the eyes, open the ears, and open the hearts of all people, to behold and enjoy freedom—unadulterated freedom; and God, who once cleansed the violence of the earth with a flood, whose Son laid down His life for the salvation of all His Father gave Him out of the world, and who has promised that He will come and purify the world again with fire in the last days, should be supplicated by me for the good of all people. With the highest esteem, I am a friend of virtue and of the people.
JOSEPH SMITH.
Nauvoo, Illinois, Feb. 7, 1844.
AN ACCOUNT OF THE MARTYRDOM OF JOSEPH SMITH, BY PRESIDENT JOHN TAYLOR.
BEING requested by Elders George A. Smith and Wilford Woodruff, Church historians, to write an account of events that transpired before, and took place at, the time of the martyrdom of Joseph Smith, in Carthage jail, in Hancock County, State of Illinois, I write the following, principally from memory, not having access at this time to any public documents relative thereto farther than a few desultory items contained in Ford's "History of Illinois." I must also acknowledge myself considerably indebted to George A. Smith who was with me when I wrote it, and who, although not there at the time of the bloody transaction, yet, from conversing with several persons who were in the capacity of Church historians, and aided by an excellent memory, has rendered me considerable service.
These and the few items contained in the note at the end of this account are all the aid I have had. I would further add that the items contained in the letter, in relation to dates especially, may be considered strictly correct.
After having written the whole, I read it over to the Hon. J. M. Bernhisel, who with one or two slight alterations, pronounced it strictly correct. Brother Bernhisel was present most of the time. I am afraid that, from the length of time that has transpired since the occurrence, and having to rely almost exclusively upon my memory, there may be some slight inaccuracies, but I believe that in the general it is strictly correct. As I figured in those transaction from the commencement to the end, they left no slight impression on my mind.
In the year 1844, a very great excitement prevailed in some parts of Hancock, Brown and other neighboring counties of Illinois, in relation to the Mormons, and a spirit of vindictive hatred and persecution was exhibited among the people, which was manifested in the most bitter and acrimonious language, as well as by acts of hostility and violence, frequently threatening the destruction of the citizens of Nauvoo and vicinity, and utter annihilation of the Mormons and Mormonism, and in some instances breaking out in the most violent acts of ruffianly barbarity. Persons were kidnapped, whipped, persecuted and falsely accused of various crimes; their cattle and houses injured, destroyed, or stolen; vexatious prosecutions were instituted to harass and annoy. In some remote neighborhoods they were expelled from their homes without redress, and in others violence was threatened to their persons and property, while in others every kind of insult and indignity were heaped upon them, to induce them to abandon their homes, the County or the State.
These annoyances, prosecutions and persecutions were instigated through different agencies and by various classes of men, actuated by different motives, but all uniting in the one object—prosecution, persecution and extermination of the Saints.
There were a number of wicked and corrupt men living in Nauvoo and its vicinity, who had belonged to the Church, but whose conduct was incompatible with the Gospel; they were accordingly dealt with by the Church and severed from its communion. Some of these had been prominent members, and held official stations either in the city or Church. Among these were John C. Bennett, formerly mayor; William Law, counselor to Joseph Smith; Wilson Law, his natural brother, and general in the Nauvoo Legion; Dr. R. D. Foster, a man of some property, but with a very bad reputation; Francis and Chauncey Higbee, the latter a young lawyer, and both sons of a respectable and honored man in the Church, known as Judge Elias Higbee, who died about twelve months before.
Besides these, there were a great many apostates, both in the city and county, of less notoriety, who for their delinquencies, had been expelled from the Church. John C. Bennett and Francis and Chauncey Higbee were cut off from the Church; the former was also cashiered from his generalship for the most flagrant acts of seduction and adultery; and the developments in the cases were so scandalous that the High Council, before which they were tried, had to sit with closed doors.
William Law, although counselor to Joseph, was found to be his most bitter foe and maligner, and to hold intercourse, contrary to all law, in his own house, with a young lady resident with him; and it was afterwards proven that he had conspired with some Missourians to take Joseph Smith's life, and was only saved by Josiah Arnold and Daniel Garn, who, being on guard at his house, prevented the assassins from seeing him. Yet, although having murder in his heart, his manners were generally courteous and mild, and he was well calculated to deceive.
General Wilson Law was cut off from the Church for seduction, falsehood, and defamation; both the above were also court-martialed by the Nauvoo Legion, and expelled. Foster was also cut off I believe, for dishonesty, fraud and falsehood. I know he was eminently guilty of the whole, but whether these were the specific charges or not, I don't know, but I do know that he was a notoriously wicked and corrupt man.
Besides the above characters and Mormonic apostates, there were other three parties. The first of these may be called religionists, the second politicians, and the third counterfeiters, black-legs, horse-thieves and cut-throats.
The religious party were chagrined and maddened because Mormonism came in contact with their religion, and they could not oppose it from the scriptures. Thus like the ancient Jews, when enraged at the exhibition of their follies and hypocrisies by Jesus and His apostles, so these were infuriated against the Mormons because of their discomfiture by them; and instead of owning the truth and rejoicing in it, they were ready to gnash upon them with their teeth, and to persecute the believers in principles which they could not disprove.
The political party were those who were of opposite politics to us. There were always two parties, the Whigs and Democrats, and we could not vote for one without offending the other; and it not unfrequently happened that candidates for office would place the issue of their election upon opposition to the Mormons, in order to gain political influence from the religious prejudice, in which case the Mormons were compelled, in self-defense, to vote against them, which resulted almost invariably against our opponents. This made them angry; and although it was of their own making, and the Mormons could not be expected to do otherwise, yet they raged on account of their discomfiture, and sought to wreak their fury on the Mormons. As an instance of the above, when Joseph Duncan was candidate for the office of governor of Illinois, he pledged himself to his party that, if he could be elected, he would exterminate or drive the Mormons from the State.[1]The consequence was that Governor Ford was elected. The Whigs, seeing that they had been out-generaled by the Democrats in securing the Mormon vote, became seriously alarmed, and sought to repair their disaster by raising a crusade against the people. The Whig newspapers teemed with accounts of the wonders and enormities of Nauvoo, and of the awful wickedness of a party which could consent to receive the support of such miscreants. Governor Duncan, who was really a brave, honest man, and who had nothing to do with getting the Mormon charters passed through the Legislature, took the stump on this subject in good earnest, and expected to be elected governor almost on this question alone.
The third party, composed of counterfeiters, black-legs, horse-thieves and cut-throats, were a pack of scoundrels that infested the whole of the western country at that time. In some districts their influence was so great as to control important State and County offices. On this subject Governor Ford has the following:
"Then, again, the northern part of the State was not destitute of its organized bands of rogues, engaged in murders, robberies, horse-stealing and in making and passing counterfeit money. These rogues were scattered all over the north, but the most of them were located in the counties of Ogle, Winnebago, Lee and De Kalb.
"In the County of Ogle they were so numerous, strong, and well organized that they could not be convicted for their crimes. By getting some of their numbers on the juries, by producing a host of witnesses to sustain their defense, by perjured evidence, and by changing the venue of one County to another, by continuances from term to term, and by the inability of witnesses to attend from time to time at distant and foreign Counties, they most generally managed to be acquitted."[2]
There was a combination of horse-thieves extending from Galena to Alton. There were counterfeiters engaged in merchandising, trading, and store-keeping in most of the cities and villages, and in some districts, I have been credibly informed by men to whom they have disclosed their secrets, the judges, sheriffs, constables, and jailors, as well, as professional men, were more or less associated with them. These had in their employ the most reckless, abandoned wretches, who stood ready to carry into effect the most desperate enterprises, and were careless alike of human life and property. Their object in persecuting the Mormons was in part to cover their own rascality, and in part to prevent them from exposing and prosecuting them; but the principal reason was plunder, believing that if they could be removed or driven they would be made fat on Mormon spoils, besides having in the deserted city a good asylum for the prosecution of their diabolical pursuits.
This conglomeration of apostate Mormons, religious bigots, political fanatics and black-legs, all united their forces against the Mormons, and organized themselves into a party, denominated anti-Mormons. Some of them, we have reason to believe, joined The Church in order to cover their infamous practices, and when they were expelled for their unrighteousness only raged with greater violence. They circulated every kind of falsehood that they could collect or manufacture against the Mormons. They also had a paper to assist them in their nefarious designs, called theWarsaw Signal, edited by a Mr. Thomas Sharp, a violent and unprincipled man, who shrunk not from any enormity. The anti-Mormons had public meetings, which were very numerously attended, where they passed resolutions of the most violent and inflammatory kind, threatening to drive, expel and exterminate the Mormons from the State, at the same time accusing them of every evil in the vocabulary of crime.
They appointed their meetings in various parts of Hancock, M'Donough, and other counties, which soon resulted in the organization of armed mobs, under the direction of officers who reported to their headquarters, and the reports of which were published in the anti-Mormon paper, and circulated through the adjoining counties. We also published in theTimes and Seasonsand theNauvoo Neighbor(two papers published and edited by me at that time) an account, not only of their proceedings, but our own. But such was the hostile feeling, so well arranged their plans, and so desperate and lawless their measures, that it was with the greatest difficulty that we could get our papers circulated; they were destroyed by postmasters and others, and scarcely ever arrived at the place of their destination, so that a great many of the people, who would have been otherwise peaceable, were excited by their misrepresentations, and instigated to join their hostile or predatory bands.
Emboldened by the acts of those outside, the apostate Mormons, associated with others, commenced the publication of a libelous paper in Nauvoo, called theNauvoo Expositor. This paper not only reprinted from the others, but put in circulation the most libelous, false, and infamous reports concerning the citizens of Nauvoo, and especially the ladies. It was, however, no sooner put in circulation than the indignation of the whole community was aroused; so much so, that they threatened its annihilation; and I do not believe that in any other city of the United States, if the same charges had been made against the citizens, it would have been permitted to remain one day. As it was among us, under these circumstances, it was thought best to convene the city council to take into consideration the adoption of some measures for its removal, as it was deemed better that this should be done legally than illegally. Joseph Smith, therefore, who was mayor, convened the city council for that purpose; the paper was introduced and read, and the subject examined. All, or nearly all present, expressed their indignation at the course taken by theExpositor, which was owned by some of the aforesaid apostates, associated with one or two others. Wilson Law, Dr. Foster, Charles Ivins and the Higbees before referred to, some lawyers, storekeepers, and others in Nauvoo who were not Mormons, together with the anti-Mormons outside of the city, sustained it. The calculation was, by false statements, to unsettle the minds of many in the city, and to form combinations there similar to the anti-Mormon associations outside of the city. Various attempts had heretofore been made by the party to annoy and irritate the citizens of Nauvoo; false accusations had been made, vexatious lawsuits instituted, threats made, and various devices resorted to, to influence the public mind, and, if possible, to provoke us to the commission of some overt act that might make us amenable to the law. With a perfect knowledge, therefore, of the designs of these infernal scoundrels who were in our midst, as well as those who surrounded us, the city council entered upon an investigation of the matter. They felt that they were in a critical position, and that any move made for the abating of that press would be looked upon, or at least represented, as a direct attack upon the liberty of speech, and that, so far from displeasing our enemies, it would be looked upon by them as one of the best circumstances that could transpire to assist them in their nefarious and bloody designs. Being a member of the city council, I well remember the feeling of responsibility that seemed to rest upon all present; nor shall I soon forget the bold, manly, independent expressions of Joseph Smith on that occasion in relation to this matter. He exhibited in glowing colors the meanness, corruption, and ultimate designs of the anti-Mormons; their despicable characters and ungodly influences, especially of those who were in our midst. He told of the responsibility that rested upon us, as guardians of the public interest, to stand up in the defense of the injured and oppressed, to stem the current of corruption, and, as men and Saints, to put a stop to this flagrant outrage upon this people's rights.
He stated that no man was a stronger advocate for the liberty of speech and of the press than himself: yet, when this noble gift is utterly prostituted and abused, as in the present instance, it loses all claim to our respect, and becomes as great an agent for evil as it can possibly be for good; and notwithstanding the apparent advantage we should give our enemies by this act, yet it behooved us, as men, to act independent of all secondary influences, to perform the part of men of enlarged minds, and boldly and fearlessly to discharge the duties devolving upon us by declaring as a nuisance, and removing this filthy, libelous, and seditious sheet from our midst.
The subject was discussed in various forms, and after the remarks made by the mayor, every one seemed to be waiting for some one else to speak.
After a considerable pause, I arose and expressed my feelings frankly, as Joseph had done, and numbers of others followed in the same strain; and I think, but am not certain, that I made a motion for the removal of that press as a nuisance. This motion was finally put, and carried by all but one; and he conceded that the measure was just, but abstained through fear.
Several members of the city council were not in The Church. The following is the bill referred to:
Bill for Removing of the Press of the"Nauvoo Expositor."[3]Resolved by the city council of the city of Nauvoo, that the printing-office from whence issues theNauvoo Expositoris a public nuisance; and also of saidNauvoo Expositorswhich may be or exist in said establishment; and the mayor is instructed to cause said establishment and papers to be removed without delay, in such manner as he shall direct.Passed June 10th, 1844. GEO. W. HARRIS, Presidentpro tem.W. RICHARDS, Recorder.
Bill for Removing of the Press of the"Nauvoo Expositor."[3]
Resolved by the city council of the city of Nauvoo, that the printing-office from whence issues theNauvoo Expositoris a public nuisance; and also of saidNauvoo Expositorswhich may be or exist in said establishment; and the mayor is instructed to cause said establishment and papers to be removed without delay, in such manner as he shall direct.
Passed June 10th, 1844. GEO. W. HARRIS, Presidentpro tem.
W. RICHARDS, Recorder.
After the passage of the bill, the marshal, John P. Greene, was ordered to abate or remove, which he forthwith proceeded to do by summoning a posse of men for that purpose. The press was removed or broken, I don't remember which, by the marshal, and the types scattered in the street.
This seemed to be one of those extreme cases that require extreme measures, as the press was still proceeding in its inflammatory course. It was feared that, as it was almost universally execrated, should it continue longer, an indignant people might commit some overt act which might lead to serious consequences, and that it was better to use legal than illegal means.
This, as was foreseen, was the very course our enemies wished us to pursue, as it afforded them an opportunity of circulating a very plausible story about the Mormons being opposed to the liberty of the press and of free speech, which they were not slow to avail themselves of. Stories were fabricated, and facts perverted; false statements were made, and this act brought in as an example to sustain the whole of their fabrications; and, as if inspired by Satan, they labored with an energy and zeal worthy of a better cause. They had runners to circulate their reports, not only through Hancock County, but in all the surrounding counties. These reports were communicated to their anti-Mormon societies, and these societies circulated them in their several districts. The anti-Mormon paper, theWarsaw Signal, was filled with inflammatory articles and misrepresentations in relation to us, and especially to this act of destroying the press. We were represented as a horde of lawless ruffians and brigands, anti-American and anti-republican, steeped in crime and iniquity, opposed to freedom of speech and of the press, and all the rights and immunities of a free and enlightened people; that neither person nor property were secure: that we had designs upon the citizens of Illinois and of the United States, and the people were called upon to riseen masse, and put us down, drive us away, or exterminate us as a pest to society, and alike dangerous to our neighbors, the State, and commonwealth.
These statements were extensively copied and circulated throughout the United States. A true statement of the facts in question was published by us both in theTimes and Seasonsand theNauvoo Neighbor;but it was found impossible to circulate them in the immediate counties, as they were destroyed in the post-offices or otherwise by the agents of the anti-Mormons, and in order to get the mail to go abroad, I had to send the papers a distance of thirty or forty miles from Nauvoo, and sometimes to St. Louis (upward of two hundred miles), to insure their proceeding on their route, and then one-half or two-thirds of the papers never reached the place of destination, being intercepted or destroyed by our enemies.
These false reports stirred up the community around, of whom many, on account of religious prejudice, were easily instigated to join the anti-Mormons and embark in any crusade that might be undertaken against us: hence their ranks swelled in numbers, and new organizations were formed, meetings were held, resolutions passed, and men and means volunteered for the extirpation of the Mormons.
On these points Governor Ford writes: "These also were the active men in blowing up the fury of the people, in hopes that a popular movement might be set on foot, which would result in the expulsion or extermination of the Mormon voters. For this purpose public meetings had been called, inflammatory speeches had been made, exaggerated reports had been extensively circulated, committees had been appointed, who rode night and day to spread the reports and solicit the aid of neighboring counties, and at a public meeting at Warsaw resolutions were passed to expel or exterminate the Mormon population. This was not, however, a movement which was unanimously concurred in. The county contained a goodly number of inhabitants in favor of peace, or who at least desired to be neutral in such a contest. These were stigmatized by the name of Jack-Mormons, and there were not a few of the more furious exciters of the people who openly expressed their intention to involve them in the common expulsion or extermination.
"A system of excitement and agitation was artfully planned and executed with tact. It consisted in spreading reports and rumors of the most fearful character. As examples: On the morning before my arrival at Carthage, I was awakened at an early hour by the frightful report, which was asserted with confidence and apparent consternation, that the Mormons had already commenced the work of burning, destruction, and murder, and that every man capable of bearing arms was instantly wanted at Carthage for the protection of the county.
"We lost no time in starting; but when we arrived at Carthage we could hear no more concerning this story. Again, during the few days that the militia were encamped at Carthage, frequent applications were made to me to send a force here, and a force there, and a force all about the country, to prevent murders, robberies, and larcenies which, it was said, were threatened by the Mormons. No such forces were sent, nor were any such offenses committed at that time, except the stealing of some provisions, and there was never the least proof that this was done by a Mormon. Again, on my late visit to Hancock County, I was informed by some of their violent enemies that the larcenies of the Mormons had become unusually numerous and insufferable.
"They admitted that but little had been done in this way in their immediate vicinity, but they insisted that sixteen horses had been stolen by the Mormons in one night near Lima, and, upon inquiry, was told that no horses had been stolen in that neighborhood, but that sixteen horses had been stolen in one night in Hancock County. This last informant being told of the Hancock story, again changed the venue to another distant settlement in the northern edge of Adams."[4]
In the meantime legal proceedings were instituted against the members of the city council of Nauvoo. A writ, here subjoined, was issued upon the affidavit of the Laws, Fosters, Higbees, and Ivins, by Mr. Morrison, a justice of the peace in Carthage, the county seat of Hancock, and put into the hands of one David Bettesworth, a constable of the same place.
Writ issued upon affidavit by Thomas Morrison, J. P., State of Illinois, Hancock County, ss."The people of the State of Illinois, to all constables, sheriffs, and coroners of said State, greeting:"Whereas complaint hath been made before me, one of the justices of the peace in and for the county of Hancock aforesaid, upon the oath of Francis M. Higbee, of the said county, that Joseph Smith, Samuel Bennett, John Taylor, William W. Phelps, Hyrum Smith, John P. Greene, Stephen Perry, Dimick B. Huntington, Jonathan Dunham, Stephen Markham, William Edwards, Jonathan Holmes, Jesse P. Harmon, John Lytle, Joseph W. Coolidge, Harvey D. Redfield, Porter Rockwell, and Levi Richards, of said county, did, on the tenth day of June instant, commit a riot at and within the county aforesaid, wherein they with force and violence broke into the printing office of theNauvoo Expositor, and unlawfully and with force burned and destroyed the printing press, type and fixtures of the same, being the property of William Law, Wilson Law, Charles Ivins, Francis M. Higbee, Chauncey L. Higbee, Robert D. Foster and Charles A. Foster."These are therefore to command you forthwith to apprehend the said Joseph Smith, Samuel Bennett, John Taylor, William W. Phelps, Hyrum Smith, John P. Greene, Stephen Perry, Dimick B. Huntington, Jonathan Dunham, Stephen Markham, William Edwards, Jonathan Holmes, Jesse P. Harmon, John Lytle, Joseph W. Coolidge, Harvey D. Redfield, Porter Rockwell, and Levi Richards, and bring them before me, or some other justice of the peace, to answer the premises, and farther to be dealt with according to law."Given under my hand and seal at Carthage, in the county aforesaid, this 11th day of June, A. D. 1844."THOMAS MORRISON, J. P." (Seal.)[5]
Writ issued upon affidavit by Thomas Morrison, J. P., State of Illinois, Hancock County, ss.
"The people of the State of Illinois, to all constables, sheriffs, and coroners of said State, greeting:
"Whereas complaint hath been made before me, one of the justices of the peace in and for the county of Hancock aforesaid, upon the oath of Francis M. Higbee, of the said county, that Joseph Smith, Samuel Bennett, John Taylor, William W. Phelps, Hyrum Smith, John P. Greene, Stephen Perry, Dimick B. Huntington, Jonathan Dunham, Stephen Markham, William Edwards, Jonathan Holmes, Jesse P. Harmon, John Lytle, Joseph W. Coolidge, Harvey D. Redfield, Porter Rockwell, and Levi Richards, of said county, did, on the tenth day of June instant, commit a riot at and within the county aforesaid, wherein they with force and violence broke into the printing office of theNauvoo Expositor, and unlawfully and with force burned and destroyed the printing press, type and fixtures of the same, being the property of William Law, Wilson Law, Charles Ivins, Francis M. Higbee, Chauncey L. Higbee, Robert D. Foster and Charles A. Foster.
"These are therefore to command you forthwith to apprehend the said Joseph Smith, Samuel Bennett, John Taylor, William W. Phelps, Hyrum Smith, John P. Greene, Stephen Perry, Dimick B. Huntington, Jonathan Dunham, Stephen Markham, William Edwards, Jonathan Holmes, Jesse P. Harmon, John Lytle, Joseph W. Coolidge, Harvey D. Redfield, Porter Rockwell, and Levi Richards, and bring them before me, or some other justice of the peace, to answer the premises, and farther to be dealt with according to law.
"Given under my hand and seal at Carthage, in the county aforesaid, this 11th day of June, A. D. 1844.
"THOMAS MORRISON, J. P." (Seal.)[5]
The council did not refuse to attend to the legal proceedings in the case, but as the law of Illinois made it the privilege of the persons accused to go "or appear before the issuer of the writ, or any other justice of the peace," they requested to be taken before another magistrate, either in the city of Nauvoo or at any reasonable distance out of it.
This the constable, who was a mobocrat, refused to do; and as this was our legal privilege we refused to be dragged, contrary to law, a distance of eighteen miles, when at the same time we had reason to believe that an organized band of mobocrats were assembled for the purpose of extermination or murder, and among whom it would not be safe to go without a superior force of armed men. A writ ofhabeas corpuswas called for, and issued by the municipal court of Nauvoo, taking us out of the hands of Bettesworth, and placing us in the charge of the city marshal. We went before the municipal court and were dismissed. Our refusal to obey this illegal proceeding was by them construed into a refusal to submit to law, and circulated as such, and the people either did believe, or professed to believe, that we were in open rebellion against the laws and the authorities of the State. Hence mobs began to assemble, among which all through the country inflammatory speeches were made, exciting them to mobocracy and violence. Soon they commenced their depredations in our outside settlements, kidnapping some, and whipping and otherwise abusing others.
The persons thus abused fled to Nauvoo as soon as practicable, and related their injuries to Joseph Smith, then mayor of the city, and lieutenant general of the Nauvoo Legion. They also went before magistrates, and made affidavits of what they had suffered, seen and heard. These affidavits, in connection with a copy of all our proceedings were forwarded by Joseph Smith to Mr. Ford, then governor of Illinois, with an expression of our desire to abide law, and a request that the governor would instruct him how to proceed in the case of arrival of an armed mob against the city. The governor sent back instructions to Joseph Smith that, as he was lieutenant general of the Nauvoo Legion, it was his duty to protect the city and surrounding country, and issued orders to that effect. Upon the reception of these orders Joseph Smith assembled the people of the city, and laid before them the governor's instructions; he also convened the officers of the Nauvoo Legion for the purpose of conferring in relation to the best mode of defense. He also issued orders to the men to hold themselves in readiness in case of being called upon. On the following day General Joseph Smith, with his staff, the leading officers of the Legion, and some prominent strangers who were in our midst, made a survey of the outside boundaries of the city, which was very extensive, being about five miles up and down the river, and about two and a half back in the center, for the purpose of ascertaining the position of the ground, and the feasibility of defense, and to make all necessary arrangements in case of an attack.
It may be well here to remark that numbers of gentlemen, strangers to us, either came on purpose or were passing through Nauvoo, and upon learning the position of things, expressed their indignation against our enemies, and avowed their readiness to assist us by their counsel or otherwise. It was some of these who assisted us in reconnoitering the city, and finding out its adaptability for defense, and how to protect it best against an armed force. The Legion was called together and drilled, and every means made use of for defense. At the call of the officers, old and young men came forward, both from the city and the country, and mustered to the number of about five thousand.
In the meantime our enemies were not idle in mustering their forces and committing depredations, nor had they been; it was, in fact, their gathering that called ours into existence; their forces continued to accumulate; they assumed a threatening attitude, and assembled in large bodies, armed and equipped for war, and threatened the destruction and extermination of the Mormons.
An account of their outrages and assemblages was forwarded to Governor Ford almost daily; accompanied by affidavits furnished by eye-witnesses of their proceedings. Persons were also sent out to the counties around with pacific intentions, to give them an account of the true state of affairs, and to notify them of the feelings and dispositions of the people of Nauvoo, and thus, if possible, quell the excitement. In some of the more distant counties these men were very successful, and produced the salutary influence upon the minds of many intelligent and well-disposed men. In neighboring counties, however, where anti-Mormon influence prevailed, they produced little effect. At the same time guards were stationed around Nauvoo, and picket guards in the distance. At length opposing forces gathered so near that more active measures were taken; reconnoitering parties were sent out, and the city proclaimed under martial law. Things now assumed a belligerent attitude, and persons passing through the city were questioned as to what they knew of the enemy, while passes were in some instances given to avoid difficulty with the guards. Joseph Smith continued to send on messengers to the governor, (Philip B. Lewis and other messengers were sent.) Samuel James, then residing at La Harpe, carried a message and dispatches to him, and in a day or two after Bishop Edward Hunter and others went again with fresh dispatches, representations, affidavits, and instructions; but as the weather was excessively wet, the rivers swollen, and the bridges washed away in many places, it was with great difficulty that they proceeded on their journeys. As the mobocracy had at last attracted the governor's attention, he started in company with some others from Springfield to the scene of trouble, and missed, I believe, both Brothers James and Hunter on the road, and, of course, did not see their documents. He came to Carthage, and made that place, which was a regular mobocratic den, his headquarters; as it was the county seat, however, of Hancock County, that circumstance might, in a measure, justify his staying there.
To avoid the appearance of all hostility on our part, and to fulfill the law in every particular, at the suggestion of Judge Thomas, judge of that judicial district, who had come to Nauvoo at the time, and who stated that we had fulfilled the law, but, in order to satisfy all he would council us to go before Esquire Wells, who was not in our Church, and have a hearing, we did so, and after a full hearing we were again dismissed.
The governor on the road collected forces, some of whom were respectable, but on his arrival in the neighborhood of the difficulties he received as militia all the companies of the mob forces who united with him. After his arrival at Carthage he sent two gentlemen from there to Nauvoo as a committee to wait upon General Joseph Smith, informing him of the arrival of his excellency, with a request that General Smith would send out a committee to wait upon the governor and represent to him the state of affairs in relation to the difficulties that then existed in the county. We met this committee while we were reconnoitering the city, to find out the best mode of defense as aforesaid. Dr. J. M. Bernhisel and myself were appointed as a committee by General Smith to wait upon the governor. Previous to going, however, we were furnished with affidavits and documents in relation both to our proceedings and those of the mob; in addition to the general history of the transaction, we took with us a duplicate of those documents which had been forwarded by Bishop Hunter, Brother James, and others. We started from Nauvoo in company with the aforesaid gentlemen at about 7 o'clock on the evening of the 21st of June, and arrived at Carthage about 11 p. m.
We put up at the same hotel with the governor, kept by a Mr. Hamilton. On our arrival we found the governor in bed, but not so with the other inhabitants. The town was filled with a perfect set of rabble and rowdies, who, under the influence of Bacchus, seemed to be holding a grand saturnalia, whooping, yelling and vociferating as if Bedlam had broken loose.
On our arrival at the hotel, and while supper was preparing, a man came to me, dressed as a soldier, and told me that a man named Daniel Garn had just been taken prisoner, and was about to be committed to jail, and wanted me to go bail for him. Believing this to be a ruse to get me out alone, and that some violence was intended, after consulting with Dr. Bernhisel, I told the man that I was well acquainted with Mr. Garn, that I knew him to be a gentleman, and did not believe that he had transgressed law, and, moreover, that I considered it a very singular time to be holding courts and calling for security, particularly as the town was full of rowdyism.
I informed him that Dr. Bernhisel and myself would, if necessary go bail for him in the morning, but that we did not feel ourselves safe among such a set at that late hour of the night.
After supper, on retiring to our room, we had to pass through another, which was separated from ours only by a board partition, the beds in each room being placed side by side, with the exception of this fragile partition. On the bed that was in the room which we passed through I discovered a man by the name of Jackson, a desperate character, and a reputed, notorious cut-throat and murderer. I hinted to the doctor that things looked rather suspicious, and looked to see that my arms were in order. The doctor and I occupied one bed. We had scarcely laid down when a knock at the door, accompanied by a voice announced the approach of Chauncey Higbee, the young lawyer and apostate before referred to.
He addressed himself to the doctor, and stated that the object of his visit was to obtain the release of Daniel Garn; that Garn he believed to be an honest man; that if he had done anything wrong, it was through improper counsel, and that it was a pity that he should be incarcerated, particularly when he could be so easily released; he urged the doctor, as a friend, not to leave so good a man in such an unpleasant situation; he finally prevailed upon the doctor to go and give bail, assuring him that on his giving bail Garn would be immediately dismissed.
During this conversation I did not say a word.
Higbee left the doctor to dress, with the intention of returning and taking him to the court. As soon as Higbee had left, I told the doctor that he had better not go; that I believed this affair was all a ruse to get us separated; that they knew we had documents with us from General Smith to show to the governor; that I believed their object was to get possession of those papers, and, perhaps, when they had separated us, to murder one or both. The doctor, who was actuated by the best of motives in yielding to the assumed solicitude of Higbee, coincided with my views; he then went to Higbee, and told him that he had concluded not to go that night, but that he and I would both wait upon the justice and Mr. Garn in the morning.
That night I lay awake with my pistols under my pillow, waiting for any emergency. Nothing more occurred during the night. In the morning we arose early, and after breakfast sought an interview with the governor, and were told that we could have an audience, I think, at ten o'clock. In the meantime we called upon Mr. Smith, a justice of the peace, who had Mr. Garn in charge. We represented that we had been called upon the night before by two different parties to go bail for a Mr. Daniel Garn, whom we were informed he had in custody, and that, believing Mr. Garn to be an honest man, we had now come for that purpose, and were prepared to enter into recognizances for his appearance, whereupon Mr. Smith, the magistrate, remarked that, under the present excited state of affairs, he did not think he would be justified in receiving bail from Nauvoo, as it was a matter of doubt whether property would not be rendered valueless there in a few days.
Knowing the party we had to deal with, we were not much surprised at this singular proceeding; we then remarked that both of us possessed property in farms out of Nauvoo in the country, and referred him to the county records. He then stated that such was the nature of the charge against Mr. Garn that he believed he would not be justified in receiving any bail. We were thus confirmed in our opinion that the night's proceedings before, in relation to their desire to have us give bail, was a mere ruse to separate us. We were not permitted to speak with Garn, the real charge against whom was that he was traveling in Carthage or its neighborhood: what the fictitious one was, if I knew, I have since forgotten, as things of this kind were of daily occurrence.
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, and many of them lacked even that. Wilson, and, I believe, William Law, were there, Foster, Frank and Chauncey Higbee, Mr. Mar, a lawyer from Nauvoo, a mobocratic merchant from Warsaw, the aforesaid Jackson, a number of his associates, among whom was the governor's secretary, in all, some 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 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 all information; that, moreover, we had in our possession testimony and affidavits confirmatory of what we should say, which 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 trouble 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 God damned lie!" "that's an infernal falsehood!" "that's a blasted lie!" etc.
These men evidently winced at the exposure of their acts, and thus vulgarly, impudently, and falsely repudiated them. One of their number, Mr. Mar, 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, and our willingness to go before another magistrate other than the municipal court; the illegal refusal of our request by the constable; our dismissal by the municipal court, a legally constituted tribunal; our subsequent trial before Squire 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 there might be danger of collision should our forces and those of our enemies be brought into such close proximity. He strenuously advised us not to bring our arms, andpledged his faith as governor, and the faith of the State, that we should be protected, and that he would guarantee our perfect safety.
We had at that time about five thousand men under arms, one thousand of whom would have been amply sufficient for our protection.
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 he manifested to compromise with these scoundrels, the 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 had admitted to his counsels, made the prospect anything but promising.
We returned on horseback, and arrived at Nauvoo, I think, at about eight or nine o'clock at night, accompanied by Captain Yates in command of a company of mounted men, who came for the purpose of escorting Joseph Smith and the accused in case of their complying with the governor's request, and going to Carthage. We went directly to Brother Joseph's, when Captain Yates delivered to him the governor's communication. A council was called, consisting of Joseph's brother, Hyrum, Dr. Richards, Dr. Bernhisel, myself, and one or two others.
We then gave a detail of our interview with the governor. Brother Joseph was very much dissatisfied with the governor's letter and with his general deportment, and so were the council, and it became a serious question as to the course we should pursue. Various projects were discussed, but nothing definitely decided upon for some time.
In the interim two gentlemen arrived; one of them, if not both, sons of John C. Calhoun. They had come to Nauvoo, and were very anxious for an interview with Brother Joseph.
These gentlemen detained him for some time; and, as our council was held in Dr. Bernhisel's room in the Mansion House, the doctor lay down; and as it was now between 2 and 3 o'clock in the morning, and I had had no rest on the previous night, I was fatigued, and thinking that Brother Joseph might not return, I left for home and rest.
Being very much fatigued, I slept soundly, and was somewhat surprised in the morning by Mrs. Thompson entering my room about 7 o'clock, and exclaiming in surprise, "What, you here! the brethren have crossed the rive some time since."
"What brethren?" I asked.
"Brother Joseph, and Hyrum, and Brother Richards," she answered.
I immediately arose upon learning that they had crossed the river, and did not intend to go to Carthage. I called together a number of persons in whom I had confidence, and had the type, stereotype plates, and most of the valuable things removed from the printing office, believing that, should the governor and his force come to Nauvoo, the first thing they would do would be to burn the printing office, for I knew they would be exasperated if Brother Joseph went away. We had talked over these matters the night before, but nothing was decided upon. It was Brother Joseph's opinion that, should we leave for a time, public excitement, which was then so intense, would be allayed; that it would throw on the governor the responsibility of keeping the peace; that in the event of an outrage, the onus would rest upon the governor, who was amply prepared with troops, and could command all the forces of the State to preserve order; and that the act of his own men would be an overwhelming proof of their seditious designs, not only to the governor, but to the world. He moreover thought that, in the east, where he intended to go, public opinion would be set right in relation to these matters, and its expression would partially influence the west, and that, after the first ebullition, things would assume a shape that would justify his return.
I made arrangements for crossing the river, and Brother Elias Smith and Joseph Cain, who were both employed in the printing office with me, assisted all that lay in their power together with Brother Brower and several hands in the printing office. As we could not find out the exact whereabouts of Joseph and the brethren, I crossed the river in a boat furnished by Brother Cyrus H. Wheelock and Alfred Bell; and after the removal of the things out of the printing office, Joseph Cain brought the account books to me, that we might make arrangements for their adjustment; and Brother Elias Smith, cousin to Brother Joseph, went to obtain money for the journey, and also to find out and report to me the location of the brethren.
As Cyrus H. Wheelock was an active, enterprising man, and in the event of not finding Brother Joseph I calculated to go to Upper Canada for the time being, and should need a companion, I said to Brother Cyrus H. Wheelock, "Can you go with me ten or fifteen hundred miles?"
He answered, "Yes."
"Can you start in half an hour?"
"Yes."
However, I told him that he had better see his family, who lived over the river, and prepare a couple of horses and the necessary equipage for the journey, and that, if we did not find Brother Joseph before, we would start at nightfall.
A laughable incident occurred on the eve of my departure. After making all the preparations I could, previous to leaving Nauvoo, and having bid adieu to my family, I went to a house adjoining the river, owned by Brother Eddy. There I disguised myself so as not to be known, and so effectually was the transformation that those who had come after me with a boat did not know me. I went down to the boat and sat in it. Brother Bell, thinking it was a stranger, watched my moves for some time very impatiently, and then said to Brother Wheelock, "I wish that old gentleman would go away; he has been pottering around the boat for some time, and I am afraid Elder Taylor will be coming." When he discovered his mistake, he was not a little amused.
I was conducted by Brother Bell to a house that was surrounded by timber on the opposite side of the river. There I spent several hours in a chamber with Brother Joseph Cain, adjusting my accounts; and I made arrangements for the stereotype plates of the Book of Mormon and Doctrine and Covenants, to be forwarded east, thinking to supply the company with subsistence money through the sale of these books in the east.
My horses were reported ready by Brother Wheelock, and funds on hand by Brother Elias Smith. In about half an hour I should have started, when Brother Elias Smith came to me with word that he had found the brethren; that they had concluded to go to Carthage, and wished me to return to Nauvoo and accompany them. I must confess that I felt a good deal disappointed at this news, but I immediately made preparations to go. Escorted by Brother Elias Smith, I and my party went to the neighborhood of Montrose, where we met Brother Joseph, Hyrum, Brother Richards and others. Dr. Bernhisel thinks that W. W. Phelps was not with Joseph and Hyrum in the morning, but that he met him, myself, Joseph and Hyrum, W. Richards and Brother Cahoon, in the afternoon, near Montrose, returning to Nauvoo.
On meeting the brethren I learned that it was not Brother Joseph's desire to return, but that he came back by request of some of the brethren, and that it coincided more with Brother Hyrum's feelings than those of Brother Joseph. In fact, after his return, Brother Hyrum expressed himself as perfectly satisfied with the course taken, and said he felt much more at ease in his mind than he did before. On our return the calculation was to throw ourselves under the immediate protection of the governor, and to trust to his word and faith for our preservation.
A message was, I believe, sent to the governor that night, stating that we should come to Carthage in the morning, the party that came along with us to escort us back, in case we returned to Carthage, having returned.
It would seem from the following remarks of General Ford that there was a design on foot, which was, that if we refused to go to Carthage at the governor's request, there should be an increased force called for by the governor, and that we should be destroyed by them. In accordance with this project, Captain Yates returned with hisposse, accompanied by the constable who held the writ.
The following is the governor's remark in relation to this affair:
"The constable and his escort returned. The constable made no effort to arrest any of them, nor would he or the guard delay their departure one minute beyond the time, to see whether an arrest could be made. Upon their return they reported that they had been informed that the accused had fled, and could not be found. I immediately proposed to a council of officers to march into Nauvoo with the small force then under my command, but the officers were of the opinion that it was too small, and many of them insisted upon a further call of the militia. Upon reflection I was of the opinion that the officers were right in the estimate of our force, and the project for immediate action was abandoned."I was soon informed, however, of the conduct of the constable and guard, and then I was perfectly satisfied that a most base fraud had been attempted, that, in fact, it was feared that the Mormons would submit, and thereby entitle themselves to the protection of the law. It was very apparent that many of the bustling, active spirits were afraid that there would be no occasion for calling out an overwhelming militia force, for marching into Nauvoo, for probable mutiny when there, and for the extermination of the Mormon race. It appeared that the constable and the escort were fully in the secret, and acted well their part to promote the conspiracy."[6]
"The constable and his escort returned. The constable made no effort to arrest any of them, nor would he or the guard delay their departure one minute beyond the time, to see whether an arrest could be made. Upon their return they reported that they had been informed that the accused had fled, and could not be found. I immediately proposed to a council of officers to march into Nauvoo with the small force then under my command, but the officers were of the opinion that it was too small, and many of them insisted upon a further call of the militia. Upon reflection I was of the opinion that the officers were right in the estimate of our force, and the project for immediate action was abandoned.
"I was soon informed, however, of the conduct of the constable and guard, and then I was perfectly satisfied that a most base fraud had been attempted, that, in fact, it was feared that the Mormons would submit, and thereby entitle themselves to the protection of the law. It was very apparent that many of the bustling, active spirits were afraid that there would be no occasion for calling out an overwhelming militia force, for marching into Nauvoo, for probable mutiny when there, and for the extermination of the Mormon race. It appeared that the constable and the escort were fully in the secret, and acted well their part to promote the conspiracy."[6]
In the morning Brother Joseph had an interview with the officers of the Legion, with the leading members of the city council, and with the principal men of the city. The officers were instructed to dismiss their men, but to have them in a state of readiness to be called upon in any emergency that might occur.
About half past six o'clock the members of the city council, the marshal, Brothers Joseph and Hyrum, and a number of others, started for Carthage, on horseback. We were instructed by Brother Joseph Smith not to take any arms, and we consequently left them behind. We called at the house of Brother Fellows on our way out. Brother Fellows lived about four miles from Carthage.
While at Brother Fellow's house, Captain Dunn, accompanied by Mr. Coolie, one of the governor's aides-de-camp, came up from Carthageen routefor Nauvoo with a requisition from the governor for the State arms. We all returned to Nauvoo with them; the governor's request was complied with, and after taking some refreshments, we all returned to proceed to Carthage. We arrived there late in the night. A great deal of excitement prevailed on and after our arrival. The governor had received into his company all of the companies that had been in the mob; these fellows were riotous and disorderly, hallowing, yelling, and whooping about the streets like Indians, many of them intoxicated; the whole presented a scene of rowdyism and low-bred ruffianism only found among mobocrats and desperadoes, and entirely revolting to the best feelings of humanity. The governor made a speech to them to the effect that he would show Joseph and Hyrum Smith to them in the morning.
About here the companies with the governor were drawn up in line, and General Demming, I think, took Joseph by the arm and Hyrum (Arnold says that Joseph took the governor's arm), and as he passed through between the ranks, the governor leading in front, very politely introduced them as General Joseph Smith and General Hyrum Smith.[7]
All were orderly and courteous except one company of mobocrats—the Carthage Grays—who seemed to find fault on account of too much honor being paid to the Mormons. There was afterwards a row between the companies, and they came pretty near having a fight; the more orderly not feeling disposed to endorse or submit to the rowdyism of the mobocrats. The result was that General Demming, who was very much of a gentleman, ordered the Carthage Grays, a company under the command of Captain Smith, a magistrate in Carthage, and a most violent mobocrat, under arrest. This matter, however, was shortly afterward adjusted, and the difficulty settled between them.
The mayor, aldermen, councilors, as well as the marshal of the city of Nauvoo, together with some persons who had assisted the marshal in removing the press in Nauvoo, appeared before Justice Smith, the aforesaid captain and mobocrat, to again answer the charge of destroying the press; but as there was so much excitement, and as the man was an unprincipled villain before whom we were to have our hearing, we thought it most prudent to give bail, and consequently became security for each other in $500 bonds each, to appear before the County Court at its next session. We had engaged as counsel a lawyer by the name of Wood, of Burlington, Iowa; and Reed, I think, of Madison, Iowa After some little discussion the bonds were signed, and we were all dismissed.
Almost immediately after our dismissal, two men—Augustine Spencer and Norton—two worthless fellows, whose words would not have been taken for five cents, and the first of whom had a short time previously been before the mayor in Nauvoo for maltreating a lame brother, made affidavits that Joseph and Hyrum Smith were guilty of treason, and a writ was accordingly issued for their arrest, and the constable Bettesworth, a rough, unprincipled man, wished immediately to hurry them away to prison without any hearing. His rude, uncouth manner in the administration of what he considered the duties of his office made him exceedingly repulsive to us all. But, independent of these acts, the proceedings in this case were altogether illegal. Providing the court was sincere, which it was not, and providing these men's oaths were true, and that Joseph and Hyrum were guilty of treason, still the whole course was illegal.
The magistrate made out a mittimus, and committed them to prison without a hearing, which he had no right legally to do. The statue of Illinois expressly provides that "all men shall have a hearing before a magistrate before they shall be committed to prison;" and Mr. Robert H. Smith, the magistrate, had made out a mittimus committing them to prison contrary to law without such hearing. As I was informed of this illegal proceeding, I went immediately to the governor and informed him of it. Whether he was apprised of it before or not, I do not know; but my opinion is that he was.
I represented to him the characters of the parties who had made oath, the outrageous nature of the charge, the indignity offered to men in the position which they occupied, and declared to him that he knew very well it was a vexatious proceeding, and that the accused were not guilty of any such crime. The governor replied, he was very sorry that the thing had occurred; that he did not believe the charges, but that he thought the best thing to be done 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 affairs of the press; that at his instance we had given bonds, which we could not by law be required to do to satisfy the people, 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 immediately be 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 which he had made to me and to Dr. Bernhisel in relation to our coming without 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 implicity under his care, and complied with all his requests, although extrajudicial.
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 oaths 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 Bettesworth very urgent to hurry Brothers Joseph and Hyrum to prison, while 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 jail.
Without conferring with any person, my next feelings were 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, 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 at the time when the constable was hurrying the brethren down stairs. A number of the brethren went along, together with one or two strangers; and all of us, safely lodged in prison, remained there during the night.
At the request of Joseph Smith for an interview with the governor, he came the next morning, Thursday, June 26th, at half past 9 o'clock, accompanied by Colonel Geddes, when a lengthy conversation was entered into in relation to the existing difficulties; and after some preliminary remarks, at the governor's request, Brother Joseph gave him a general outline of the state of affairs in relation to our difficulties, the excited state of the country, 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 report is, I believe, substantially correct:
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 great 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 theExpositor, and to your refusal to comply with the writ issued by Esquire 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 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."General Smith—"Governor Ford, you, sir, as governor of this State, are aware of the 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 know yourself 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, according to the best of my judgment, to preserve the peace and to administer even-handed justice; but my motives are impugned, my acts are misconstrued, and I am grossly and wickedly misrepresented. I suppose I am indebted for my incarceration to the oath of a worthless man, who 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 the 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 with the acts of others? and because lawlessness and mobocracy abound, am I, when carrying out your instructions, to be charged with not abiding law? Why is it that I must be made 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 they have been subjected outside, that people could suffer a set of worthless vagabonds to come into their city, and, right under their own eyes and protection, vilify and calumniate not only themselves, but the character of their 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 a redress of their grievances, which, if not attended to, they themselves would have taken into their own hands, and have summarily punished the audacious wretches as they deserved. The principle of equal rights that has been instilled into our bosoms from our cradles as American citizens forbids 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 consider to be strictly legal; for, notwithstanding the result, we were anxious to be governed strictly by law, and therefore we convened the city council; and being desirous in our deliberations to abide by law, we 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. Furthermore, after consulting Blackstone upon what might be considered a nuisance, it appeared that 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 and filthy press may be considered a nuisance; and our own charter, given us by the Legislature of this State, gives us power to remove nuisances; and by ordering that press to be 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 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 are willing to abide the consequences of our own acts, but are 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. Bettesworth, I offered, in the presence of more than twenty persons, to go to any other magistrate, either in our city, in 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 persecutions with which you are acquainted? and have 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 ofhabeas corpusfrom the municipal court, by which we were delivered from the hands of Constable Bettesworth, 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 Esquire 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 wherefore are these lying, base rumors put into circulation but to seek, through mob influence, under pretense of law, to make us submit to requisitions which 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. 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 so to expect, 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, 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."Governor 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 circumstances; 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 these passes that you have seen. No person, sir, has been imprisoned without a legal cause in our city."Governor—"Why did you not give a more speedy answer to the posse that I sent out?"General Smith.—"We had matters of importance to consult upon; your letter showed anything but an amiable 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 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 any one; 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."Colonel 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."Governor Ford.—"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 great deal of truth in what you say, and your reasoning is plausible, but 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 law, is, in my opinion, wrong; besides, these men ought to have had a hearing before their property was destroyed; to destroy it without was an infringement on their rights; besides, it is so contrary to the feelings of 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. Bettesworth 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 can not 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 Bettesworth, 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 but had a gun fired at his boat by this said mob in 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 with us would only have fanned the excitement, and 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."Governor Ford.—"I see, I see."Joseph Smith.—"Furthermore, in relation to the press, you say that you differ from me in opinion. Be it so; the thing, after all, is only a legal difficulty, and the courts, I should judge, are 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, acting together or separate or how much more legal it would have been for the Municipal Court, who were a part of the City Council, to act separately 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 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 putrefied 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 man for a breach 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."Governor.—"I am in hopes that you will be acquitted, and 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 can not, 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."Governor.—"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."
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 great 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 theExpositor, and to your refusal to comply with the writ issued by Esquire 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 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."
General Smith—"Governor Ford, you, sir, as governor of this State, are aware of the 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 know yourself 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, according to the best of my judgment, to preserve the peace and to administer even-handed justice; but my motives are impugned, my acts are misconstrued, and I am grossly and wickedly misrepresented. I suppose I am indebted for my incarceration to the oath of a worthless man, who 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 the 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 with the acts of others? and because lawlessness and mobocracy abound, am I, when carrying out your instructions, to be charged with not abiding law? Why is it that I must be made 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 they have been subjected outside, that people could suffer a set of worthless vagabonds to come into their city, and, right under their own eyes and protection, vilify and calumniate not only themselves, but the character of their 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 a redress of their grievances, which, if not attended to, they themselves would have taken into their own hands, and have summarily punished the audacious wretches as they deserved. The principle of equal rights that has been instilled into our bosoms from our cradles as American citizens forbids 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 consider to be strictly legal; for, notwithstanding the result, we were anxious to be governed strictly by law, and therefore we convened the city council; and being desirous in our deliberations to abide by law, we 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. Furthermore, after consulting Blackstone upon what might be considered a nuisance, it appeared that 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 and filthy press may be considered a nuisance; and our own charter, given us by the Legislature of this State, gives us power to remove nuisances; and by ordering that press to be 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 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 are willing to abide the consequences of our own acts, but are 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. Bettesworth, I offered, in the presence of more than twenty persons, to go to any other magistrate, either in our city, in 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 persecutions with which you are acquainted? and have 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 ofhabeas corpusfrom the municipal court, by which we were delivered from the hands of Constable Bettesworth, 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 Esquire 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 wherefore are these lying, base rumors put into circulation but to seek, through mob influence, under pretense of law, to make us submit to requisitions which 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. 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 so to expect, 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, 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."
Governor 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 circumstances; 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 these passes that you have seen. No person, sir, has been imprisoned without a legal cause in our city."
Governor—"Why did you not give a more speedy answer to the posse that I sent out?"
General Smith.—"We had matters of importance to consult upon; your letter showed anything but an amiable 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 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 any one; 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."
Colonel 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."
Governor Ford.—"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 great deal of truth in what you say, and your reasoning is plausible, but 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 law, is, in my opinion, wrong; besides, these men ought to have had a hearing before their property was destroyed; to destroy it without was an infringement on their rights; besides, it is so contrary to the feelings of 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. Bettesworth 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 can not 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 Bettesworth, 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 but had a gun fired at his boat by this said mob in 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 with us would only have fanned the excitement, and 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."
Governor Ford.—"I see, I see."
Joseph Smith.—"Furthermore, in relation to the press, you say that you differ from me in opinion. Be it so; the thing, after all, is only a legal difficulty, and the courts, I should judge, are 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, acting together or separate or how much more legal it would have been for the Municipal Court, who were a part of the City Council, to act separately 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 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 putrefied 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 man for a breach 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."
Governor.—"I am in hopes that you will be acquitted, and 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 can not, 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."
Governor.—"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."