I may yet run for a high office in your state, when you would

be sure of my best services in your behalf; therefore, a known

connection with you would be against our mutual interest. It can be

shown that a commission in the Legion was a _Herald_ hoax, coined

for the fun of it {73} by me, as it is not believed even now by

the public. In short, I expect to be yet, through your influence,

governor of the State of Illinois.

My respects to Brothers Young, Richards, Mrs. Emma, and all friends.

Yours most respectfully,

JAMES ARLINGTON BENNETT.

P.S.--As the office of inspector-general confers no command on me,

being a mere honorary title,--if, therefore, there is any gentleman

in Nauvoo who would like to fill it in a practical way, I shall

with great pleasure and good-will resign it to him, by receiving

advice from you to that effect. It is an office that should be

filled by some scientific officer.

J. A. B.

I insert my reply:--

_Letter: President Joseph Smith to James Arlington Bennett._

NAUVOO, ILLINOIS, Nov. 13, 1843.

DEAR SIR:--Your letter of the 24th ult. has been regularly

received, its contents duly appreciated, and its whole tenor

candidly considered; and, according to my manner of judging all

things in righteousness, I proceed to answer you, and shall leave

you to meditate whether "mathematical problems," founded upon the

truth of revelation, or religion as promulgated by me, or by Moses,

can be solved by rules and principles existing in the systems of

common knowledge.

How far you are capable of being "a most undeviating friend,

without being governed by the smallest religious influence," will

best be decided by your survivors, as all past experience most

assuredly proves. Without controversy, that friendship which

intelligent beings would accept as sincere must arise from love,

and that love grow out of virtue, which is as much a part of

religion as light is a part of Jehovah. Hence the saying of Jesus,

"Greater love hath no man than this, that a man lay down his life

for his friends."

You observed, "as I have proven myself to be a philosophical

divine" I must excuse you when you say that we must leave these

_influences_ to the mass. The meaning of "philosophical divine" may

be taken in various ways. If, as the learned world apply the term,

you infer that I have achieved a victory, and been strengthened by

a scientific religion, as practiced by the popular sects of the

age, through the aid of colleges, seminaries, Bible societies,

missionary boards, financial organizations, and gospel money

schemes, then you are wrong. Such a combination of men and means

shows a form of godliness without the power; for is it not written,

"I will destroy the wisdom of the wise." "Beware lest any man spoil

you through philosophy and vain deceit, after the rudiments of the

world, and not after the doctrines of Christ." But if the inference

is that by more love, more light, more virtue, and more truth

{74} from the Lord, I have succeeded as a man of God, then you

reason truly, though the weight of the sentiment is lost, when the

_"influence is left to the mass."_ "Do men gather grapes of thorns,

or figs of thistles?"

Of course you follow out the figure, and say, the boldness of my

plans and measures, together with their unparalleled success, so

far, are calculated to throw a charm over my whole being, and

to point me out as the most extraordinary man of the present

age! The _boldness of my plans and measures_ can readily be

tested by the touchstone of all schemes, systems, projects, and

adventures--_truth;_ for truth is a matter of fact; and the fact

is, that by the power of God I translated the Book of Mormon from

hieroglyphics, the knowledge of which was lost to the world, in

which wonderful event I stood alone, an unlearned youth, to combat

the worldly wisdom and multiplied ignorance of eighteen centuries,

with a new revelation, which (if they would receive the everlasting

Gospel,) would open the eyes of more than eight hundred millions of

people, and make "plain the old paths," wherein if a man walk in

all the ordinances of God blameless, he shall inherit eternal life;

and Jesus Christ, who was, and is, and is to come, has borne me

safely over every snare and plan laid in secret or openly, through

priestly hypocrisy, sectarian prejudice, popular philosophy,

executive power, or law-defying mobocracy, to destroy me.

If, then, the hand of God in all these things that I have

accomplished towards the salvation of a priest-ridden generation,

in the short space of twelve years, through the boldness of the

plan of preaching the Gospel, and the boldness of the means of

declaring repentance and baptism for the remission of sins, and a

reception of the Holy Ghost by laying on of the hands, agreeably to

the authority of the Priesthood, and the still more bold measures

of receiving direct revelation from God, through the Comforter,

as promised, and by which means all holy men from ancient times

till now have spoken and revealed the will of God to men, with

the consequent "success" of the gathering of the Saints, throws

any "charm" around my being, and "points me out as the most

extraordinary man of the age," it demonstrates the fact that truth

is mighty and must prevail, and that one man empowered from Jehovah

has more influence with the children of the kingdom than eight

hundred millions led by the precepts of men. God exalts the humble,

and debases the haughty.

But let me assure you in the name of Jesus, "who spake as never

man spake," that the "boldness of the plans and measures," as you

term them, but which should be denominated the righteousness of

the cause, the truth of the system, and power of God, which "so

far" has borne me and the Church, (in which I glory in having the

privilege of being a member,) successfully through the storm of

reproach, folly, ignorance, {75} malice, persecution, falsehood,

sacerdotal wrath, newspaper satire, pamphlet libels, and the

combined influence of the powers of earth and hell,--I say these

powers of righteousness and truth are not the decrees or rules

of an ambitious and aspiring Nimrod, Pharaoh, Nebuchadnezzar,

Alexander, Mahomet, Bonaparte, or other great sounding heroes that

dazzled forth with a trail of pomp and circumstances for a little

season, like a comet, and then disappeared, leaving a wide waste

where such an existence once was, with only a name; nor where the

glorious results of what you term "boldness of plans and measures,"

with the attendant "success," matured by the self-aggrandizing

wisdom of the priests of Baal, the scribes and Pharisees of the

Jews, popes and bishops of Christendom, or pagans of Juggernaut:

nor were they extended by the divisions and subdivisions of a

Luther or Calvin, a Wesley, or even a Campbell, supported by a

galaxy of clergymen and churchmen, of whatever name or nature,

bound apart by cast-iron creeds, and fastened to set stakes by

chain-cable opinions, without revelation. Nor are they the lions of

the land, or the leviathans of the sea, moving among the elements,

as distant chimeras to fatten the fancy of the infidel; but they

are as the stone cut out of the mountain without hands, and will

become a great mountain, and fill the whole earth. [1] * * * * *

It seems that your mind is of such "a mathematical and

philosophical cast," that the divinity of Moses makes no impression

upon you, and that I will not be offended when you say that you

rate me higher as a legislator than you do Moses, because you have

me present with you for examination; that "Moses derives his chief

authority from prescription and the lapse of time." You cannot,

however, say but we are both right, it being out of the power of

man to prove us wrong. "It is no mathematical problem, and can

therefore get no mathematical solution."

{76} Now, sir, to cut the matter short, and not dally with your

learned ideas, for fashion's sake you have here given your opinion,

without reserve, that revelation, the knowledge of God, prophetic

vision, the truth of eternity, cannot be solved as a mathematical

problem. The first question then is, What is a mathematical

problem? and the natural answer is, A statement, proposition or

question that can be solved, ascertained, unfolded or demonstrated

by knowledge, facts or figures; for "mathematical" is an adjective

derived from _mathesis_ (Gr.), meaning, in English, learning or

knowledge. "Problem" is derived from _probleme_ (French), or

_problema_ (Italian, or Spanish), and in each language means a

question or proposition, whether true or false. "Solve" is derived

from the Latin verb "_solvo,_" to explain or answer.

One thing more in order to prove the work as we proceed. It is

necessary to have witnesses, two or three of whose testimonies,

according to the laws or rules of God and man, are sufficient to

establish any one point.

Now for the question. How much are one and one? Two. How much is

one from two? One. Very well; one question or problem is solved by

figures. Now, let me ask one for facts; Was there ever such a place

on the earth as Egypt? Geography says yes; ancient history says

yes; and the Bible says yes: so three witnesses have solved that

question. Again: Lived there ever such a man as Moses in Egypt?

The same witnesses reply, _Certainly._ And was he a Prophet? The

same witnesses, or a part, have left on record that Moses predicted

in Leviticus that if Israel broke the covenant they had made, the

Lord would scatter them among the nations, till the land enjoyed

her Sabbaths: and, subsequently, these witnesses have testified of

their captivity in Babylon and other places, in fulfillment. But

to make assurance doubly sure, Moses prays that the ground might

open and swallow up Korah and his company for transgression, and

it was so: and he endorses the prophecy of Balaam, which said, Out

of Jacob shall come he that shall have dominion, and shall destroy

him that remaineth of the city: and Jesus Christ, as Him that "had

dominion," about fifteen hundred years after, in accordance with

this and the prediction of Moses, David, Isaiah, and many others,

came, saying, Moses wrote of me, declaring the dispersion of the

Jews, and the utter destruction of the city; and the Apostles were

his witnesses, unimpeached, especially Jude, who not only endorses

the facts of Moses "divinity," but also the events of Balaam and

Korah, with many others, _as true_.

Besides these tangible facts, so easily proven and demonstrated

by simple rules and testimony unimpeached, the art (now lost,) of

embalming human bodies, and preserving them in the catacombs of

Egypt, whereby men, women and children, _as mummies,_ after a lapse

of near {77} three thousand five hundred years, come forth among

the living; and although _dead,_ the papyrus which has lived in

their bosoms, unharmed, speaks for them in language like the sound

of an earthquake. _Ecce veritas! Ecce cadaveros!_ Behold the truth!

Behold the mummies!

Oh, my dear sir, the sunken Tyre and Sidon, the melancholy dust

where the city of Jerusalem once was, and the mourning of the Jews

among the nations, together with such a cloud of witnesses, if you

had been as well acquainted with your God and Bible as with your

purse and pence table, the divinity of Moses would have dispelled

the fog of five thousand years and filled you with light; for

facts, like diamonds, not only cut glass, but they are the most

precious jewels on earth. The spirit of prophecy is the testimony

of Jesus.

The world at large is ever ready to credit the writings of Homer,

Hesiod, Plutarch, Socrates, Pythagoras, Virgil, Josephus, Mahomet,

and an hundred others; but where, tell me, where, have they left a

line--a simple method of solving the truth of the plan of eternal

life? Says the Savior, "If any man will do his [the Father's] will,

he shall know of the doctrine, whether it be of God, or whether I

speak of myself." Here, then, is a method of solving the divinity

of men by the divinity within yourself, that as far exceeds the

calculations of numbers as the sun exceeds a candle. Would to God

that all men understood it and were willing to be governed by it,

that when one had filled the measure of his days, he could exclaim

like Jesus, _Veni mori, et reviviscere_!'

Your good wishes to go ahead, coupled with Mahomet and a right hand

man, are rather more vain than virtuous. Why, sir, Caesar had his

right hand Brutus, who was his left hand assassin,--not, however,

applying the allusion to you.

As to the private seal you mention, if sent to me, I shall receive

it with the gratitude of a servant of God, and pray that the donor

may receive a reward in the resurrection of the just.

The summit of your future fame seems to be hid in the political

policy of a "mathematical problem" for the chief magistracy of this

state, which I suppose might be solved by "double position," where

the _errors_ of the _supposition_ are used to produce a true answer.

But, sir, when I leave the dignity and honor I received from

heaven, to boost a man into power, through the aid of my

friends, where the evil and designing, after the object has been

accomplished, can lock up the clemency intended as a reciprocation

for such favors, and where the wicked and unprincipled, as a

matter of course, would seize the opportunity to flintify the

hearts of the nation against me for dabbling at a sly game in

politics,--verily I say, when I leave the dignity and honor of

heaven, to gratify the ambition and vanity of man or men, {78} may

my power cease, like the strength of Samson, when he was shorn

of his locks, while asleep in the lap of Delilah. Truly said the

Savior, "Cast not your pearls before swine, lest they trample them

under their feet, and turn again and rend you."

Shall I, who have witnessed the visions of eternity, and beheld

the glorious mansions of bliss, and the regions and the misery of

the damned,--shall I turn to be a Judas? Shall I, who have heard

the voice of God, and communed with angels, and spake as moved

by the Holy Ghost for the renewal of the everlasting covenant,

and for the gathering of Israel in the last days,--shall I worm

myself into a political hypocrite? Shall I, who hold the keys of

the last kingdom, in which is the dispensation of the fullness of

all things spoken by the mouths of all the holy Prophets since

the world began, under the sealing power of the Melchizedec

Priesthood,--shall I stoop from the sublime authority of Almighty

God, to be handled as a monkey's cat-paw, and pettify myself into

a clown to act the farce of political demagoguery? No--verily no!

The whole earth shall bear me witness that I, like the towering

rock in the midst of the ocean, which has withstood the mighty

surges of the warring waves for centuries, _am impregnable,_ and am

a faithful friend to virtue, and a fearless foe to vice,--no odds

whether the former was sold as a pearl in Asia or hid as a gem in

America, and the latter dazzles in palaces or glimmers among the

tombs.

I combat the errors of ages; I meet the violence of mobs; I cope

with illegal proceedings from executive authority; I cut the

guardian knot of powers, and I solve mathematical problems of

universities, _with truth--diamond truth; and God is my "right hand

man_." [2]

And to close, let me say in the name of Jesus Christ to you, and to

presidents, emperors, kings, queens, governors, rulers, nobles, and

men in authority everywhere, Do the works of righteousness, execute

justice and judgment in the earth, that God may bless you and her

inhabitants; and

The laurel that grows on the top of the mountain

Shall green for your fame while the sun sheds a ray;

And the lily that blows by the side of the fountain

Will bloom for your virtue till earth melt away.

With due consideration and respect, I have the honor to be

Your most obedient servant,

JOSEPH SMITH.

P.S. The court-martial will attend to your case in the Nauvoo

Legion.

J. S.

{79}_Tuesday, 14.--_In the evening called at the office with Mr.

Southwick, of Dixon, and had my letter to James Arlington Bennett read.

_Wednesday, 15.--_Mayor's court in the office. "Erskine _versus_

Pullen." Nonsuit.

P.M. At the office. Suggested the idea of preparing a grammar of the

Egyptian language.

[Sidenote: Grammar for the Egyptian Language Suggested.]

Prayer-meeting at the old house. I spoke of a petition to Congress, my

letter to Bennett, and intention to write a proclamation to the kings

of the earth.

_Thursday, 16.--_Held a court--"Averett _versus_ Bostwick."

At home the remainder of the day. Chilly east wind and foggy.

_Friday, 17.--_Deeded lot 4, block 135, to Sally Phelps, wife of W. W.

Phelps.

About ten, a.m., called in the office with Esquire Southwick, of Dixon.

Thunder, lightning and rain last night. Warm and foggy morning.

_Saturday, 18.--_Rode out on horseback to the prairie, accompanied by

Mr. Southwick.

Conference of the church held at Halifax, Nova Scotia. Robert Dixon,

president; Edward Cook, secretary. Two branches were represented,

containing 2 Elders, 1 Teacher, 2 Deacons, and 34 members.

_Sunday, 19.--_Eleven a.m. to two p.m., prayer-meeting at the old

house, and fasting.

In the evening, prayer-meeting and breaking of bread, &c.

[Sidenote: Meeting at the Prophet's Home.]

_Monday, 20.--_Two gentlemen from Vermont put up at the Mansion. I rode

round with them in the afternoon to show them the improvements in the

city. In the evening, several of the Twelve and others called to visit

me. My family sang hymns, {80} and Elder John Taylor prayed and gave

an address, to which they paid great attention, and seemed very much

interested.

_Tuesday, 21.--_Council of the Twelve and others at my old house all

day. Dictated to my clerk an appeal to the Green Mountain boys of

Vermont, my native State.

Also instructed Elders Richards, Hyde, Taylor and Phelps to write a

"Proclamation to the Kings of the Earth."

_Wednesday, 22.--_Rode out to the prairie with W. Clayton and Lorenzo

D. Wasson, and found Arthur Smith cutting timber on my land without my

consent, which I objected to.

Prayer-meeting in the evening at the old house.

Five deaths in the city during the past week.

[Sidenote: Canal Around the Rapids.]

_Thursday, 23.--_Met in council in the old house; then walked down to

the river to look at the stream, rocks, &c., about half-past eleven,

a.m. Suggested the idea of petitioning Congress for a grant to make a

canal over the falls, or a dam to turn the water to the city, so that

we might erect mills and other machinery. [3]

Issued a writ of habeas corpus, on application of John M. Finch.

_Friday, 24.--_Attended Municipal Court "on habeas corpus, John M.

Finch at suit of Amos Davis." Finch discharged, Davis to pay costs, it

being a vexatious and malicious suit.

The young men have established a debating society in Nauvoo, to discuss

topics of various descriptions.

{81} [Sidenote: The Prophet's Stand on Chastity and General Morality.]

_Saturday, 25.--_Colonel Frierson, United States Surveyor from Quincy,

arrived in Nauvoo. In the evening the High Council sat on the case of

Harrison Sagers, charged with seduction, and having stated that I had

taught it was right. Charge not sustained. I was present with several

of the Twelve, and gave an address tending to do away with every evil,

and exhorting them to practice virtue and holiness before the Lord;

told them that the Church had not received any permission from me to

commit fornication, adultery, or any corrupt action; but my every word

and action has been to the contrary. If a man commit adultery, he

cannot receive the celestial kingdom of God. Even if he is saved in any

kingdom, it cannot be the celestial kingdom. I did think that the many

examples that have been made manifest, such as John C. Bennett's and

others, were sufficient to show the fallacy of such a course of conduct.

I condemned such actions _in toto,_ and warned the people present

against committing such evils; for it will surely bring a curse upon

any person who commits such deeds.

After adjournment, held a council, and agreed to meet Mr. Frierson [4]

at the Mansion to morrow morning.

I received a letter signed by George B. Wallace and six other Elders,

requesting permission for Elder John E. Page to remain in Boston the

ensuing winter. Also a letter from John E. Page, giving his assent to

the petition, to which the Twelve Apostles wrote the following reply:--

_Letter: Brigham Young in Behalf of the Twelve to Elder John E.

Page, Appointing him to go to Washington._

_Elder John E. Page_:

BELOVED BROTHER:--Your letter dated at Boston, in connection with

{82} some one hundred and fifty of the brethren, is received, and

we proceed to reply. Your letter is not before us this moment;

consequently you must excuse a reference to dates and names which

have escaped our recollection. But the subject is fresh, and the

letter was read in a council of Presidents Joseph, Hyrum, and the

Twelve, when the word of the Lord came through Joseph the Seer

thus:--"Let my servant John E. Page take his departure _speedily_

from the city of Boston, and go directly to the city of Washington,

and there labor diligently in proclaiming my Gospel to the

inhabitants thereof: and if he is humble and faithful, lo! I will

be with him, and will give him the hearts of the people, that he

may do them good and build up a church unto my name in that city."

Now, Brother Page, if you wish to follow counsel and do the will of

the Lord, as we believe you desire to do, call the church at Boston

together, _without delay,_ and read this letter to them, calling

upon them to assist you on your mission, and go thy way speedily

unto the place which is appointed unto you by the voice of the

Lord, and build up a church in the city of Washington; for it is

expedient and absolutely necessary that we have a foothold in that

popular city. Let your words be soft unto the people, but full of

the spirit and power of the Holy Ghost. _Do not challenge the sects

for debate,_ but treat them as brethren and friends; and the God

of heaven will bless you, and we will bless you in the name of the

Lord Jesus, and the people will rise up and bless you, and call you

a sweet messenger of peace. You will pardon us for giving you such

counsel, for we feel to do it in the name of the Lord.

When you have built a church at Washington so as to warrant the

expense. It will be wisdom for you to send or take your wife to

Washington; so says President Joseph.

All things go on smoothly here. As to the reports circulated while

we were in Boston, there is nothing of them. Brother Joseph has

commenced living in his new house, and enjoys himself well. He

has raised a sign, entitled "Nauvoo Mansion," and has all the

best company in the city. Many strangers from abroad call on him,

feeling perfect liberty so to do, since he has made his house

public; and it is exerting a blessed influence on the public mind.

The Temple has been progressing rapidly until the recent frosts.

The walls are now above the windows of the first story, and some of

the circular windows are partly laid. The brethren of the Twelve

have all arrived home, are tolerably well, and their families,

except Sister Hyde, who has been very sick, and is yet, though at

last report rather better. No prospect of any of the Twelve leaving

home this winter {83} that we know of. Elder Snow has arrived with

his company from Boston, generally in good spirits.

The devil howls some: may be you will hear him as far as Boston,

for there cannot a blackleg be guilty of any crime in Nauvoo, but

somebody will lay it to the servants of God. We shall give the

substance of this communication to your wife same mail.

We remain your brother in the new and everlasting covenant, in

behalf of the quorum,

BRIGHAM YOUNG, President.

W. RICHARDS, Clerk.

[Sidenote: Renewal of Petitions to Congress.]

_Sunday, 26.--_I met with Hyrum, the Twelve and others, in council

with Colonel Frierson, at the Mansion, concerning petitioning Congress

for redress of grievances. Read to him the affidavits of Hyrum Smith,

Brigham Young, Parley P. Pratt, Lyman Wight, George W. Pitkin and

Sidney Rigdon, taken before the municipal court on _habeas corpus,_ and

conversed with him thereon.

At eleven, a.m., Elder Orson Pratt preached in the Assembly Room.

In the evening, Elder Parley P. Pratt lectured in the Mansion. Rainy,

muddy day.

_Monday, 27.--_Wet day. Being quite unwell, I stayed at home.

_Tuesday, 28.--_At home. Colonel Frierson wrote a Memorial to Congress.

[5]

_Wednesday, 29.--_At home. Clear and cold. Colonel Frierson left for

home, taking with him a copy of the Memorial, to get signers in Quincy.

I here insert a copy of the--

{84} MEMORIAL.

_To the Honorable the Senate and House of Representatives of the

United States, in Congress Assembled_.

The memorial of the undersigned inhabitants of Hancock county, in

the State of Illinois, respectfully showeth--

That they belong to the society of Latter-day Saints, commonly

called "Mormons;" that a portion of our people commenced settling

in Jackson county, Missouri, in the summer of 1831, where they

purchased lands and settled upon them with the intention and

expectation of becoming permanent citizens in common with others.

From a very early period after the settlement began, a very

unfriendly feeling was manifested by the neighboring people; and as

the society increased, this unfriendly spirit also increased, until

it degenerated into a cruel and unrelenting persecution, and the

society was at last compelled to leave the county. An account of

these unprovoked persecutions has been published to the world; yet

we deem it not improper to embody a few of the most prominent items

in the memorial, and lay them before your honorable body.

On the 20th July, 1833, a mob collected at Independence, a

deputation or committee from which called upon a few members of our

Church there, and stated to them that the store, printing office,

and all mechanic shops belonging to our people must be closed

forthwith, and the society leave the county immediately.

These conditions were so unexpected and so hard, that a short time

was asked for to consider on the subject before an answer could be

given, which was refused; and when some of our men answered that

they could not consent to comply with such propositions, the work

of destruction commenced.

The printing office--a valuable two-story brick building, was

destroyed by the mob, and with it much valuable property. They

next went to the store for the same purpose; but one of the owners

thereof agreeing to close it, they abandoned their design.

A series of outrages was then commenced by the mob upon individual

members of our society. Bishop Partridge was dragged from his house

and family, where he was first partially stripped of his clothes,

and then tarred and feathered from head to foot. Mr. Charles Allen

was also tarred at the same time.

Three days afterwards the mob assembled in great numbers, bearing a

red flag, and proclaiming that unless the society would leave _en

masse,_ every man of them should be killed. Being in a defenseless

situation, to avoid a general massacre, a treaty was entered into

and ratified, by which it was agreed that one-half of the society

should leave the county by the 1st of January, and the remainder by

the 1st of April following.

{85} In October, while our people were gathering their crops and

otherwise preparing to fulfill their part of the treaty, the mob

again collected without any provocation, shot at some of our

people, whipped others, threw down their houses, and committed many

other depredations. The members of the society were for some time

harassed both day and night, their houses assailed and broken open,

and their women and children insulted and abused.

The store-house of A. S. Gilbert and Company was broken open,

ransacked, and some of the goods strewed in the streets. These

repeated assaults so aroused the indignant feelings of our people,

that a small party thereof, on one occasion, when wantonly abused,

resisted the mob. A conflict ensued, in which one of our people and

some two or three of their assailants were killed.

This unfortunate event raised the whole county in arms, and we were

required forthwith to surrender our arms and leave the county.

Fifty-one guns were given up, which have never been returned or

paid for to this day.

Parties of the mob, from thirty to seventy in number, then scoured

the county in every direction, threatening and abusing women and

children, until they were forced first to take shelter in the woods

and prairies at a very inclement season of the year, and finally to

make their escape to Clay county, where the people permitted them

to take refuge for a time.

After the society had left Jackson county, their buildings,

amounting to about two hundred, were either burned or otherwise

destroyed, with a great portion of their crops, as well as

furniture, stock, &c.; for which they have not as yet received any

remuneration.

The society remained in Clay county nearly three years, when,

in compliance with the demands of the citizens there, it was

determined to remove to that section of country known afterwards as

Caldwell county.

In order to secure our people from molestation, the members of

the society bought out most of the former inhabitants of what is

now Caldwell county, and also entered much of the wild land then

belonging to the United States in that section of country, fondly

hoping that as we were American citizens, obeying the laws and

assisting to support the government, we would be protected in the

use of homes which we had honestly purchased from the General

Government and fully paid for.

Here we were permitted to enjoy peace for a season; but as our

society increased in numbers and settlements were made in Daviess

and Carrol counties, unfounded jealousies sprang up among our

neighbors, and the spirit of the mob was soon manifested again. The

people of our Church who had located themselves at De Witt were

compelled by {86} the mob to leave the place, notwithstanding the

militia were called out for their protection.

From De Witt the mob went to Daviess county, and, while on their

way, took some of our people prisoners, and greatly abused and

mistreated them. Our people had been driven by force from Jackson

county; they had been compelled to leave Clay county, and sell

their lands there, for which they have never been paid: they had

finally settled in Caldwell county, where they had purchased and

paid for nearly all the Government land within its limits, in order

to secure homes where they could live and worship in peace; but

even here they were soon followed by the mob.

The society remained in Caldwell from 1836 until the fall of 1838,

and during that time had acquired by purchase from the Government,

the settlers, and preemptioners, almost all the lands in the county

of Caldwell, and a portion of those in Daviess and Carrol counties.

Those counties, when our people first commenced their settlements,

were for the most part wild and uncultivated, and they had

converted them into large and well improved farms, well stocked.

Lands had risen in value, from 10 to 25 dollars per acre, and those

counties were rapidly advancing in cultivation and wealth.

In August, 1838, a riot commenced, growing out of the attempt of

a member of the society to vote, which resulted in creating great

excitement and many scenes of lawless outrage. A large mob, under

the conduct of Cornelius Gilliam, came into the vicinity of Far

West, drove off our stock, and abused our people. Another party

came into Caldwell county, took away our horses and cattle, burnt

our houses, and ordered the inhabitants to leave their homes

immediately.

By order of Brigadier-General Doniphan and Colonel Hinkle, a

company of about sixty men, under the command of David W. Patten

went to disperse this mob. A conflict ensued, in which Captain

Patten and two of his men were killed, and others wounded. [6] A

mob party, from two to three hundred in number, many of whom are

supposed to have come from Chariton county, fell on our people,

and, notwithstanding they begged for quarters, shot down and killed

eighteen, as they would so many wild beasts.

They were finally compelled to flee from those counties; and on the

11th October, 1838, they sought safety by that means, with their

families, {87} leaving many of their effects behind. That they had

previously applied to the constituted authorities of Missouri for

protection, but in vain.

The society were pursued by the mob, conflicts ensued, deaths

occurred on each side, and finally a force was organized under the

authority of the Governor of the state of Missouri, with orders to

drive us from the State, _or exterminate us_.

Abandoned and attacked by those to whom we had looked for

_protection,_ we determined to make no further resistance, but

submit to the authorities of the State and yield to our fate,

however hard it might be. Several members of the society were

arrested and imprisoned on a charge of treason against the State:

and the rest, amounting to above 14,000 souls, fled into the other

States, principally into Illinois, where they now reside.

Your memorialists would further state that they have heretofore

petitioned your honorable body, praying redress for the injuries

set forth in this memorial; but the committee to whom our petition

was referred reported, in substance, that the General Government

had no power in the case, and that we must look for relief to the

courts and the legislature of Missouri.

In reply, your memorialists would beg leave to state that they

have repeatedly appealed to the authorities of Missouri in vain;

that though they are American citizens, at all times ready to obey

the laws and support the institutions of the country, none of us

would dare enter Missouri for any such purpose, or for any purposes

whatever.

Our property was seized by the mob or lawlessly confiscated by the

State; and we were forced, at the point of the bayonet, to sign

deeds of trust relinquishing our property. But the exterminating

order of the Governor of Missouri is still in force, and we dare

not return to claim out just rights. The widows and orphans of

those slain, who could legally sign no deeds of trust, dare not

return to claim the inheritance left them by their murdered parents.

It is true the Constitution of the United States gives to us, in

common with all other native or adopted citizens, the right to

enter and settle in Missouri; but an executive order has been

issued to exterminate us if we enter the State, and a part of the

Constitution becomes a nullity, so far as we are concerned.

Had any foreign state or power committed a similar outrage upon us

we cannot for a moment doubt that the strong arm of the General

Government would have been stretched out to redress our wrongs; and

we flatter ourselves that the same power will either redress our

grievances or shield us from harm in our efforts to regain our lost

property, which we fairly purchased from the General Government.

Finally, your memorialists pray your honorable body to take their

{88} wrongs into consideration, receive testimony in the case, and

grant such relief as by the Constitution and laws you may have

power to give.

And your memorialists will ever pray.

[Sidenote: Activities in Renewal of Appeals to Congress.]

Eleven copies were also made for circulation and signatures by Thomas

Bullock, one of my clerks.

Four, p.m. A meeting of the citizens in the assembly room, [over

President Smith's store] when Brigham Young was chosen chairman of the

meeting, and Willard Richards, clerk.

The object of the meeting was briefly explained by the clerk, followed

by Judge Phelps, which was to petition Congress for redress of

grievances in relation to the Missouri persecutions.

Voted that the chairman appoint a committee to get the names of

memorialists in this city.

The chairman appointed the assessors and collectors in their several

wards.

Voted that the same committee collect means to purchase paper.

President Sidney Rigdon to go to La Harpe, and Elder Heber C. Kimball

to Ramus, to procure signers.

The chairman appointed committees to visit other places.

Joseph Smith, the Mayor, made some remarks, and his Appeal to the Green

Mountain Boys was read by William W. Phelps, as follows:--

_President Smith's Appeal to his Native State--Vermont._

I was born in Sharon, Vermont, in 1805, where the first quarter of

my life grew with the growth and strengthened with the strength

of that "first-born" State of the "United Thirteen." From the old

"French War" to the final consummation of American Independence, my

fathers, heart to heart, and shoulder to shoulder, with the noble

fathers of our liberty, fought and bled; and with the most of that

venerable band of patriots, they have gone to rest, bequeathing

a glorious country, with all her inherent rights, to millions of

posterity. Like other honest citizens, I not only (when manhood

came,) sought my own peace, prosperity, and happiness, but also

the peace, prosperity, and happiness of my friends; and, with all

the rights and realm before me, {89} and the revelations of Jesus

Christ to guide me into all truth, I had good reasons to enter into

the blessings and privileges of an American citizen, the rights

of a Green Mountain Boy, unmolested, and enjoy life and religion

according to the most virtuous and enlightened customs, rules, and

etiquette of the nineteenth century. But, to the disgrace of the

United States, it is not so. These rights and privileges, together

with a large amount of property, have been wrested from me, and

thousands of my friends, by lawless mobs in Missouri, supported by

executive authority; and the crime of plundering our property, and

the unconstitutional and barbarous act of our expulsion, and even

the inhumanity of murdering men, women, and children, have received

the_ pass-word of "justifiable"_ by legislative enactments; and the

horrid deeds, doleful and disgraceful as they are, have been paid

for by Government.

In vain have we sought for redress of grievances and a restoration

to our rights in the courts and legislature of Missouri. In vain

have we sought for our rights and the remuneration for our property

in the halls of Congress and at the hands of the President. The

only consolation yet experienced from these highest tribunals and

_mercy-seats_ of our bleeding country _is that our cause is just,

but the Government has no power to redress us_.

Our arms were forcibly taken from us by those Missouri marauders;

and, in spite of every effort to have them returned, the State of

Missouri still retains them: and the United States militia law,

with this fact before the Government, still compels us to military

duty; and, for a lack of said arms, the law _forces us to pay

fines._ As Shakespeare would say "_thereby hangs a tale._"

Several hundred thousand dollars' worth of land in Missouri was

purchased at the United States Land Offices in that district of

country and the money, without doubt, has been appropriated to

strengthen the army and navy, or increase the power and glory

of the nation in some other way. And notwithstanding Missouri

has robbed and mobbed me and twelve or fifteen thousand innocent

inhabitants, murdered hundreds, and expelled the residue, at

the point of the bayonet, without law, contrary to the express

language of the Constitution of the United States and every State

in the Union, and contrary to the custom and usage of civilized

nations, and especially one holding up the motto, "_The asylum of

the oppressed._" yet the comfort we receive to raise our wounded

bodies and invigorate our troubled spirits, on account of such

immense sacrifices of life, property, patience, and right, and as

an equivalent for the enormous taxes we are compelled to pay to

support these functionaries in a dignified manner, after we have

petitioned and pleaded with tears, and been showed like a caravan

of foreign animals, for the peculiar gratification of connoiseurs

in humanity, that flare {90} along in public life like lamps upon

lamp-posts, because they are better calculated for the schemes of

the night than for the scenes of the day, is, as President Van

Buren said, _Your cause is just, but Government has no power to

redress you_!

No wonder, after the Pharisee's prayer, the publican smote his

breast and said, "_Lord be merciful to me a sinner!"_ What must the

manacled nations think of freemen's rights in the land of liberty?

[7] * * *

Now, therefore, having failed in every attempt to obtain

satisfaction at the tribunals, where all men seek for it, according

to the rules of right, I am compelled to appeal to the honor

and patriotism of my native State--to the clemency and valor

of "Green Mountain Boys;" for throughout the various periods

of the world, whenever a nation, kingdom, state, family, or

individual has received an insult or an injury from a superior

force, (unless satisfaction was made,) it has been the custom

to call in the aid of friends to assist in obtaining redress.

For proof we have only to refer to the recovery of Lot and his

effects by Abraham in the days of Sodom and Gomorrah, or to turn

to the relief afforded by France and Holland for the achievement

of the Independence of these United States, without bringing up

the great bulk of historical facts, rules, laws, decrees, and

treaties, and Bible records, by which nations have been governed,

to show that mutual alliance for the general benefit of mankind

to retaliate and repel foreign aggressions. To punish and prevent

home wrongs, when the conservators of justice and the laws have

failed to afford a remedy, are not only common and in the highest

sense justifiable and wise, but they are also poorer expedients to

promote the enjoyment of equal rights, the pursuit of happiness,

the preservation of life, and the benefit of posterity.

With all these facts before me, and a pure desire to ameliorate the

condition of the poor and unfortunate among men, and, if possible,

to entice all men from evil to good, and with firm reliance that

God will reward the just, I have been stimulated to call upon my

native State for a "union of all honest men," and to appeal to the

valor of the "Green Mountain Boys" by all honorable methods and

means to assist me in obtaining justice from Missouri, not only for

the property she has stolen and confiscated, the murders she has

committed among my friends, and for our expulsion from the State,

but also to humble and chastise or abase her for the disgrace she

has brought upon constitutional liberty until she atones for her

sins.

I appeal also to the fraternity of brethren who are bound by

kindred ties to assist a brother in distress in all cases where it

can be done according {91} to the rules of order, to extend the

boon of benevolence and protection in avenging the Lord of His

enemies, as if a Solomon, a Hiram, a St. John, or a Washington

raised his hands before a wondering world, and exclaimed, "My life

for his!" Light, liberty, and virtue forever!

I bring this appeal before my native State, for the solemn reason

that an injury has been done, and crimes have been committed,

which a sovereign State, of the Federal compact, one of the great

family of _"E pluribus unum,"_ refuses to compensate, by consent

of parties, rules of law, customs of nations, or in any other way.

I bring it also because the National Government has fallen short

of affording the necessary relief, as before stated, _for want of

power,_ leaving a large body of her own free citizens, whose wealth

went freely into her treasury for lands, and whose gold and silver

for taxes still fills the pockets of her dignitaries "in ermine and

lace," defrauded, robbed, plundered, ravished, driven, exiled, and

banished from the "Independent Republic of Missouri!"

And in the appeal let me say, Raise your towers, pile your

monuments to the skies, build your steam frigates, spread

yourselves far and wide, and open the iron eyes of your bulwarks

by sea and land; and let the towering church steeples marshal

the country like the dreadful splendor of an army with bayonets.

But remember the flood of Noah; remember the fate of Sodom and

Gomorrah; remember the dispersion and confusion at the tower of

Babel; remember the destruction of Pharaoh and his hosts; remember

the handwriting upon the wall, _"Mene, mene, tekel upharsin;"_

remember the angel's visit to Sennacherib, and the one hundred and

eighty-five thousand Assyrians; remember the end of the Jews and

Jerusalem, and remember the Lord Almighty will avenge the blood of

His Saints that now crimsons the skirts of Missouri! Shall wisdom

cry aloud, and her speech not be heard?

Has the majesty of American liberty sunk into such vile servitude

and oppression, that justice has fled? Have the glory and influence

of a Washington, an Adams, a Jefferson, a Lafayette, and a host

of others, forever departed; and the wrath of a Cain, a Judas,

and a Nero whirled forth in the heraldry of hell, to sprinkle our

garments with blood, and lighten the darkness of midnight with the

blaze of our dwellings? Where is the patriotism of '76? Where is

the virtue of our forefathers? and where is the sacred honor of

freemen!

Must we, because we believe in the fullness of the Gospel of Jesus

Christ, the administration of angels, and the communion of the Holy

Ghost, like the Prophets and Apostles of old,--must we be mobbed

with impunity, be exiled from our habitations and property without

{92} remedy, murdered without mercy, and Government find the

weapons and pay the vagabonds for doing the jobs, and give them the

plunder into the bargain? Must we, because we believe in enjoying

the constitutional privilege and right of worshiping Almighty God

according to the dictates of our own consciences, and because we

believe in repentance, and baptism for the remission of sins, the

gift of the Holy Ghost by the laying on of hands, the resurrection

of the dead, the millennium, the day of judgment, and the Book of

Mormon as the history of the aborigines of this continent,--must

we be expelled from the institutions of our country, the rights of

citizenship and the graves of our friends and brethren, and the

Government lock the gate of humanity and shut the door of redress

against us? If so, farewell freedom! adieu to personal safety! and

let the red hot wrath of an offended God purify the nation of such

sinks of corruption; for that realm is hurrying to ruin where vice

has the power to expel virtue.

My father, who stood several times in the battles of the American

Revolution, till his companions in arms had been shot dead at

his feet, was forced from his home in Far West, Missouri, by

those civilized--or satanized--savages, in the dreary season of

winter, to seek a shelter in another State; and the vicissitudes

and sufferings consequent to his flight brought his honored grey

head to the grave a few months after. And my youngest brother

also, in the vigor and bloom of youth, from his great exposure and

fatigue in endeavoring to assist his parents on their journey, (I

and my brother Hyrum being in chains, in dungeons, in Missouri,

_where they tried to feed us with--human flesh_) was likewise

so debilitated that he found a premature grave shortly after

my father; and my mother, too, though she yet lingers among

us, from her extreme exposure in that dreadful tragedy, was

filled with rheumatic affections and other diseases, which leave

her no enjoyment of health. She is sinking in grief and pain,

broken-hearted, from Missouri persecution.

O death! wilt thou not give to every honest man a heated dart to

sting those wretches while they pollute the land? And O Grave! wilt

thou not _open the trap door_ to the pit of ungodly men, that they

may stumble in?

I appeal to the "Green Mountain Boys" of my native State to rise in

the majesty of virtuous freemen, and by all honorable means help

to bring Missouri to the bar of justice. If there is one whisper

from the spirit of Ethan Allen, or a gleam from the shade of a

General Stark, let it mingle with our sense of honor and fire our

bosoms for the cause of suffering innocence, for the reputation of

our disgraced country, and for the glory of God; and may all the

earth bear me witness, if Missouri--blood-stained Missouri, escapes

the due merit of her {93} crimes--the vengeance she so justly

deserves--that Vermont is a hypocrite, a _coward_ and this nation

the hotbed of political demagogues!

I make this appeal to the sons of liberty of my native State for

help to frustrate the wicked designs of sinful men. I make it to

hush the violence of mobs. I make it to cope with the unhallowed

influence of wicked men in high places. I make it to resent the

insult and injury made to an innocent, unoffending people, by a

lawless ruffian State. I make it to obtain justice where law is

put at defiance. I make it to wipe off the stain of blood from our

nation's escutcheon. I make it to show presidents, governors, and

rulers prudence. I make it to fill honorable men with discretion.

I make it to teach senators wisdom. I make it to teach judges

justice. I make it to point clergymen to the path of virtue. And

I make it to turn the hearts of this nation to the truth and

realities of pure and undefiled religion, that they may escape the

perdition of ungodly men; and Jesus Christ, the Son of God, is my

Great Counselor.

Wherefore let the rich and the learned, the wise and the noble, the

poor and the needy, the bond and the free, both black and white,

take heed to their ways, and a leave to the knowledge of God, and

execute justice and judgment upon the earth in righteousness, and

prepare to meet the judge of the quick and the dead, for the hour

of His coming is nigh.

And I must go on as the herald of grace,

Till the wide-spreading conflict is over.

And burst through the curtains of tyrannic night;

Yes, I must go on to gather our race,

Till the high blazing flame of Jehovah

Illumines the globe as a triumph of right.

As a friend of equal rights to all men, and a messenger of the

everlasting Gospel of Jesus Christ, I have the honor to be,

Your devoted servant,

JOSEPH SMITH.

Sidney Rigdon spoke.

Parley P. Pratt confessed he was wrong in one thing in Missouri; that

is, he left alive, and left them alive; and asked forgiveness, and

promised never to do so again.

Parley P. Pratt offered to deliver the President's "Appeal to the Green

Mountain Boys" to all the large towns in New York, if he could have a

copy.

The President offered a copy and it was voted that {94} Elder Pratt

shall have this mission granted him, and voted in addition that he go

to all the towns in Vermont.

The Chairman [Brigham Young] spoke.

The Mayor [President Smith] spoke. Said he rose to make a confession,

that he used all his influence to prevent the brethren from fighting

when mobbed in Missouri. If I did wrong, I will not do so any more. It

was a suggestion of the head. He would never do so again; but when the

mobs come upon you, kill them. I never will restrain you again, but

will go and help you.

The Chairman [Brigham Young] spoke again; acknowledged his wrong; said

he would never put his hand on Brother Hosea Stout's shoulder again to

hold him back when he was abused.

John Taylor spoke of Missouri; said he would never submit to such

treatment again.

Mayor [President Smith] spoke again. If I do not stand with those who

will stand by me in the hour of trouble and danger, without faltering,

I give you leave to shoot me. [8]

Mayor read a letter in reply to one he wrote to Henry Clay.

Parley P. Pratt stated that the history of the persecution was put into

the hand of Henry Clay.

{95} Moved by Joseph Smith, That every man in the meeting who could

wield a pen write an address to his mother country. Carried.

Mayor read the Memorial to Congress. The State rights doctrines are

what feed mobs. They are a dead carcass--a stink, and they shall ascend

up as a stink offering in the nose of the Almighty.

They shall be oppressed as they have oppressed us, not by "Mormons,"

but by others in power. They shall drink a drink offering, the

bitterest dregs, not from the "Mormons," but from a meaner source than

themselves. God shall curse them.

Adjourned till next Monday evening, early candle-light.

At ten, a.m., rode out with Mr. Jackson. At home most all day.

The "Appeal to the Green Mountain Boys" sent to press.

Severe frost, so that the ice is on the water in the house.

W. L. D. Ewing writes to Major John Bills--

_Letter: W. L. D. Ewing, State Auditor, Illinois, to Major John

Bills--Legion Affairs._

The foregoing opinions constitute my reason for refusing to issue

the warrants in your favor. I am not satisfied myself entirely

of the correctness of the opinions of the Attorney-General. If

you should be dissatisfied with the decision, I would advise you

to raise the question before the Supreme Court, which will be in

session on the 2nd Monday of December. I am the more anxious that

this should be done because I wish to be satisfied whether I was

correct or not in issuing warrants to you in the spring. Be pleased

to advise me on the subject.

Respectfully,

W. L. D. EWING, Auditor.

Enclosing the opinion of the Attorney-General, Josiah Lamborn, as

follows:--

_Letter: J. Lamborn, Attorney General of Illinois--Legal Opinion of

Above._

SPRINGFIELD, ILLINOIS, Nov. 30, 1843.

I have examined the claim of J. C. Bennett as brigade-inspector of

the Nauvoo Legion, and it is my opinion that the claim should be

disallowed.

{96} The Legislature, in giving authority for the organization of a

body of "independent military men" at Nauvoo, intended, no doubt,

that all expenses, &c., except "their proportion of public arms,"

should be defrayed by the city and its privileged Legion.

They occupy a novel position, disconnected from the military

communities of the whole State, and in no way subject to the

regular military officers, possessing an exemption even from

subjection to the general military laws, with a law-making power

invested in their own Legion. It is not reasonable to suppose that

the Legislature would confer so many exclusive favors, and yet pay

those who profit by this condition of things as much as is paid to

regular militia officers.

In the absence of any express provision by law to authorize the

payment of the claim, I can see nothing from which an authority of

the kind could be derived, and therefore advise accordingly.

J. LAMBORN, Attorney-General.

And copy of letter from J. N. McDougall to General W. L. D. Ewing:--

_Letter: J. N. McDougall to State Auditor._

SPRINGFIELD, ILLINOIS, Nov. 30, 1843.

_General W. L. D. Ewing, Auditor, &.c._--

I have examined the claim of John Bills, brigade-major of the

Nauvoo Legion, for services under the 53rd section of the militia

law, and have arrived at the conclusion that the Nauvoo Legion

are not to be considered as a part of the regular militia of this

State, and that the general law has no further application to

them than is expressly provided for in the law authorizing their

organization. The law providing for the organization of the Legion

making no provision for the payment of its officers by the State,

it is my opinion that the above claim ought not to be audited.

The Legion was organized by the City Council, is subject to

their control for the purpose of enforcing their ordinances. It

is entirely independent of the general military law, may have a

different organization, make laws for its own government, and seems

evidently designed to sustain the municipal authorities of Nauvoo.

If there are expenses to be paid, the municipality of which they

form a very important element, must meet them. I am, with great

respect,

Your obedient servant,

J. N. McDOUGALL.

Mr. Ewing reported to Major Bills that the returns made {97} out [for

Mr. Bills], and sent to the State Department, were the best reports by

any brigade-major in the State, and did him great credit: the refusal

to pay him for his services is a mere pretext, as the Nauvoo Charter

requires that the Nauvoo Legion shall perform the same amount of duty

as is now or may hereafter be required of the regular militia of the

State, and shall be at the disposal of the Governor for the public

defense and the execution of the laws of the State, and be entitled to

their proportion of the State arms; and were it not for the prejudice

against us on account of our religion, his claim would have been paid

without a word of complaint.

Footnotes:

1. The omitted part of the letter is a paragraph in which are quoted

a number of foreign phrases from Egyptian, Hebrew, Greek, German,

Portuguese and other tongues; which are in no way germane to the

subject discussed, but are a mere pedantic display, doubtless admitted,

in this instance, in a spirit of humor by President Smith, as an

offset to Bennett's assumption of so lofty an intellect--a mind of "so

mathematical and philosophical a cast--that the divinity of Moses,"

etc., made no "impression" on him. The display of foreign phrases was

doubtless the work of W. W. Phelps, who had some smattering knowledge

of languages, which he was ever fond of displaying. Unfortunately

similar displays were injected into President Smith's appeal to his

native state--Vermont; and his paper, "Views of the Powers and Policy

of the Government of the United States." These injections were also

doubtless the work of Elder Phelps, who was one of the Prophet's clerks

and amanuenses when the documents named above were prepared. Because

these displays of pedantry mar these documents, and are in no way

germane to the subjects of which they treat, and are not really the

work of President Smith, they are omitted from the papers referred to

as published in this HISTORY, the omission being indicated by ellipses

signs.

2. Not in the blasphemous sense attributed to him by some anti-Mormon

writers; namely, that God was subordinate to him--his right hand

man (See Riley's "Founder of Mormonism" Ch. X); but in the sense of

the passage near the close of his address to "The Green Mountain

Boys" (this chapter)--"And Jesus Christ, the son of God, is my Great

Counselor"--reverently said.

3. The General Government finally constructed a canal around the rapids

at a cost of $4,582,000, completing the work in 1877. The canal is

seven and a half miles in length and has in it three locks, overcoming

the obstruction in river navigation which the Des Moines rapids in

early days presented. It is called the Des Moines Rapids Canal.

4. This Col. Frierson resided at Quincy, was a political representative

of John C. Calhoun, then an active aspirant for the presidency of the

United States. See letter of Joseph L. Heywood, pp. 62, 63.

5. The reason Col. John Frierson interested himself in this matter

was that Hon. R. B. Rhett a representative in the National Congress

from South Carolina, and a political friend of John C. Calhoun, had

expressed a willingness to present to Congress a memorial for a redress

of grievances suffered by the Saints in Missouri; and of course all

this in the interest of Calhoun as candidate for President. See pp.

62-63; also _Nauvoo Neighbor_ for the 5th June, 1844.

6. This is an error. Col. Frierson has confounded two incidents--the

"Battle" at Crooked River, and a movement in Daviess county. General

Doniphan gave no orders in respect of the skirmish in which David

Patten lost his life, usually called the "Battle of Crooked River;" but

he and also General Park gave some orders to Col. Wight d Col. Hinkle

in relation to movements of militia in Daviess County against Millport

and Gallatin. (See Vol. III, Ch. XII.)

7. The omission here indicated is the paragraph of foreign phrases not

germane to the matter as explained in the footnote at page 75.

8. Relative to the spirit of this meeting in Nauvoo on the 29th

of November, 1843; and also of many of the articles published as

Editorials, and letters that were written about this time to public

men, the reader should be reminded that these leading brethren of the

Church were speaking and writing under a great stress of feeling--under

a sense of outraged justice. Their minds had been refreshed and

their feelings again wrought up by the detailed recital of the acts

of injustice endured in Missouri by the Memorial to congress drawn

up by Colonel Frierson; and under such circumstances it is scarcely

to be expected that strong men will not give expression to the

vehemence they feel. Edmund Burke once said in defense of the rashness

expressed in both speech and action of some of the patriots of the

American Revolution, that "_It is not fair to judge the temper or the

disposition of any man or set of men when they are composed and at

rest from their conduct or there expressions in a state of disturbance

and irritation."_ The justice of Burke's assertion has never been

questioned, and without any wresting whatsoever it may be applied to

the prominent Church leaders on the occasion of this meeting at Nauvoo;

and, moreover, they saw again forming those mobocratic tendencies in

Illinois from which they had suffered in Missouri.

{98}

CHAPTER V.

THE AVERY KIDNAPPING--DEFENSIVE PREPARATIONS AGAINST MISSOURI

MOBS--APPEALS TO THE GENERAL GOVERNMENT FOR PROTECTION--NAUVOO LEGION

OFFERED AS UNITED STATES TROOPS.

_Friday, December 1, 1843.--_At home. In the evening, walking out and

administering to the sick.

At noon, Dr. Willard Richards called on me to get a petition to

Congress for an appropriation to improve the Rapids.

[Sidenote: Progress of the Work.]

I continue to receive letters from Elders in the different States,

giving news of the progress of the work.

Clear and cold day. Some ice floating in the river.

_Saturday 2.--_Prayer-meeting from one to six p.m., in the assembly

room over the store. Orson Hyde, Parley P. Pratt, Wilford Woodruff,

George A. Smith, and Orson Spencer received their endowments and

further instructions in the Priesthood. About thirty-five persons

present.

A conference was held at Alexander in Genesee county, New York. Ten

branches, containing 44 Elders and 206 members, were represented. Two

High Priests, one Seventy, 21 Elders and one Deacon present.

[Sidenote: Hyrum Smith Meets with an Accident.]

_Sunday, 3.--_I arrived at the assembly room [1] about noon: found

all present, except Hyrum and his wife. He had slipped and turned his

knee-joint backward, and sprained the large muscle of his leg, and I

had been ministering unto him. Emma had been unwell during the night.

After the meeting was organized, William W. Phelps {99} read my "Appeal

to the Green Mountain Boys," which was dedicated by prayer after all

had spoken upon it. We also prayed for Nathan Pratt, who was very sick,

Hyrum, and others. I afterwards instructed them in the things of the

Priesthood.

_Monday, 4.--_At six in the evening, I attended the adjourned meeting

of citizens in the assembly room, which was crowded with a select

congregation. Many could not get admission. There were two Missourians

present. I made some observations at the opening of the meeting,

requested them to be calm and cool, but let the spirit of '76 burn in

their bosoms, and when occasion requires, say little, but act; and when

the mob comes, mow a hole through them.

My "Appeal to the Green Mountain Boys" was read by W. W. Phelps.

Elder Parley P. Pratt read his "Appeal to the State of New York."

[Sidenote: Number of the Prophet's Vexatious Lawsuits]

My clerk, Willard Richards, read the memorial to Congress, when the

assembly unanimously voted their approbation of the memorial, when

I spoke two-and-a-half hours, relating many circumstances which

transpired in Missouri, not mentioned in the memorial. I have already

had thirty-eight vexatious lawsuits, and have paid Missouri $150,000

for land. I borrowed $500 of Judge Young in Washington, to pay the

expenses of the party that accompanied me, and had to borrow of others.

Daniel Avery and his son were kidnapped from the neighborhood of Warsaw

by a company of Missourians, assisted by some anti-Mormons of this

county, and carried into Missouri. [2]

_Tuesday, 5.--_Six p.m., met the Twelve, also Phelps, Clayton, and

Turley, in council, in the office, on important business.

{100} Advised the Twelve to raise money to send to Elder Hyde, who is

east, for him to get paper to print the Doctrine and Covenants, and get

new type and metal for stereotyping the same.

_Wednesday, 6.--_At home and took the following affidavit:--

_Chapman's Affidavit in the Avery Case._

STATE OF ILLINOIS,

CITY OF NAUVOO. ss.

On the sixth day of December, in the year of our Lord one thousand

eight hundred and forty-three, came Delmore Chapman before me,

Joseph Smith, mayor of said city; and after being duly sworn,

deposeth and saith that on the nineteenth day of November, 1843, a

man named Richardson came to one of his neighbors living in Bear

Creek precinct, in the county of Hancock, named Philander Avery,

and enticed him to the Mississippi at Warsaw, by false pretenses;

and from thence by a company he was forced over the river and

taken to Monticello jail; and that on the second day of December,

some of the same party and others came to the aforesaid Bear Creek

and kidnapped Daniel Avery, the father of the aforesaid Philander

Avery, and by force of arms hurried him across the said Mississippi

river into the State of Missouri, to aforesaid jail at Monticello,

Lewis county, where your said affiant verily believes they are both

now incarcerated illegally and inhumanly in prison; and further

report says that some of them are to come to Nauvoo next, to kidnap

Nelson Turner; and further your affiant saith not.

DELMORE CHAPMAN.

Subscribed and sworn to before me, this sixth day of December, 1843.

JOSEPH SMITH, Mayor.

Upon which I wrote to his Excellency Thomas Ford:--

LETTER--PRESIDENT JOSEPH SMITH TO GOVERNOR FORD.

NAUVOO, December 6, 1843.

SIR:--The enclosed affidavit is forwarded to your Excellency for

instructions to know what shall be done in the premises. I shall

act according to the best of my judgment, constitutionally, till I

receive your instructions, and in the meantime shall forward, as

soon as they can be had, all the facts relative to the case as a

suitable person will go {101} immediately to the place and get the

necessary affidavits. Send your instructions by the bearer.

Respectfully, I have the honor to be,

Your obedient servant,

JOSEPH SMITH,

Lieutenant-General of N. L.

P. S. Shall any portion of the Legion be called out?

N. B. An express has just reached me that Governor Reynolds will

make another demand for me. I rely on the honor of Illinois, for

no writ can legally issue against me. I have suffered from their

insatiable thirst for my blood long enough, and want the peace of

my family to remain undisturbed.

_Wednesday, 6_.--Esquire Goodwin and others, not members of the Church,

petitioned the Governor not to help Missouri to persecute the Saints.

_Thursday, 7.--_At eleven a.m. a meeting of the citizens of Nauvoo was

held. The minutes of which I extract from the _Neighbor_ as follows:--

PUBLIC MEETING AT NAUVOO.

At a meeting of the citizens of Nauvoo, held near the Temple, on

the 7th day of December, 1843, Alpheus Cutler was called to the

chair, and Willard Richards appointed secretary; whereupon, after

the object of the meeting was stated, a committee of three--namely,

W. W. Phelps, Reynolds Cahoon, and Hosea Stout, were appointed to

draft a preamble and resolutions expressive of the sentiments of

the people of the city of Nauvoo relative to the repeated unlawful

demands by the State of Missouri for the body of General Joseph

Smith, as well as the common, cruel practice of kidnapping citizens

of Illinois, and forcing them across the Mississippi river, and

then incarcerating them in the dungeons or prisons of Missouri. And

after a few minutes' absence they returned with the following:--

RESOLUTIONS.

Whereas, the State of Missouri, with the Governor at the head,

continues to make demands upon the executive of Illinois for the

body of General Joseph Smith, as we verily believe, to keep up a

system of persecution against the Church of Latter-day Saints,

for the purpose of justifying the said State of Missouri in her

diabolical, unheard of, cruel and unconstitutional warfare against

said Church of Latter-day Saints, and which she has practiced

during the last twelve years, whereby {102} many have been

murdered, mobbed and ravished, and the whole community expelled

from the State:

And also to heave dust in the eyes of the nation and the world,

while she, as a State, with the Government to back her, continues

to slip over the river to steal the property of the Latter-day

Saints, and kidnap the members of said Church to glut her

vengeance, malice, revenge, and avarice, and to make slaves of the

said captives or murder them: Therefore,

Resolved unanimously: As we do know that Joseph Smith is not guilty

of any charge made against him by the said State of Missouri,

but is a good, industrious, well-meaning, and worthy citizen of

Illinois, and an officer that does faithfully and impartially

administer the laws of the State, that we as citizens of Illinois,

crave the protection of the Constitution and laws of the country

as an _aegis_ to shield him, the said General Joseph Smith, from

such cruel persecutions, beseeching the Governor of Illinois not

to issue any more writs against the said General Joseph Smith, or

other Latter-day Saints (unless they are guilty), but to let the

Latter-day Saints "breathe awhile like other men," and enjoy the

liberty guaranteed to every honest citizen by the Magna Charta of

our common country.

Resolved, That as citizens of the State of Illinois, we solicit

the attention of the Governor and officers generally of the State

to take some lawful means and measures to regain the citizens that

have been kidnapped by the Missourians, and to prevent the said

Missourians and government from committing further violence upon

the citizens of Illinois.

Resolved, as the sense of this meeting, That, according to the true

meaning of the law, those citizens of any section of country who do

not rise up as virtuous freemen (when any portion of inhabitants

congregate or combine to injure, slander, or deprive another

portion of their rights,) and magnify the law, to clear themselves

from such unhallowed attempts to subvert order and law, that they

by their silence make themselves accessories of the crime of such

unlawful assemblage or outrageous individuals.

Resolved, unanimously, That we solicit the Governor by all

honorable means to grant us peace, for we will have it.

ALPHEUS CUTLER, Chairman.

WILLARD RICHARDS, Secretary.

In the afternoon, Lucien Woodworth started with the papers to the

Governor, and the petition from Goodwin and others, and Delmore

Chapman's affidavit.

[Sidenote: Provision for German Meetings.]

{103} The German brethren met at the assembly room at six p.m., and

choose Bishop Daniel Garn as their Presiding Elder, and organized to

have preaching in their native language.

Directed copies of my Appeal to the various authorities of Vermont and

the United States.

[Sidenote: Precautionary Steps against Missouri Invasion]

_Friday, 8.--_At eleven a.m. I went to my office and gave instructions

to my clerk for the drawing of a draft of a dam on the Mississippi

river, an directed that the city council be called at four this

afternoon to make preparations for any invasion from Missouri.

Willard Richards and Philip B. Lewis made an affidavit, which I

insert:--

_Richards' and Lewis' Affidavit_.

STATE OF ILLINOIS,

CITY OF NAUVOO. ss.

On the 8th day of December, 1843, came Willard Richards and Philip

B. Lewis before me, Joseph Smith, Mayor of said city, and after

being duly sworn, depose and say that they have been informed

that two men have been kidnapped recently by the Missourians, in

connection with some of the lawless inhabitants of the county of

Hancock, and that rumors are now afloat that it is the intention of

said lawless persons, in connection with the aforesaid Missourians,

to kidnap some of the citizens of this city; and further your

affiants would state that they are of opinion, to prevent

difficulties of such a vexatious nature, that something should be

done to secure the peace of this city from being disturbed. And

further your affiants say not.

WILLARD RICHARDS,

PHILIP B. LEWIS.

Subscribed and sworn to before me, this 8th day of December, 1843.

W. W. PHELPS, Clerk.

Whereupon I issued the following notification;--

_An Order to the City Marshal_.

STATE OF ILLINOIS,

CITY OF NAUVOO. ss.

_To the Marshal of said City, Greeting_:--

Whereas complaint has been made to me upon oath, that some persons

have been kidnapped by the Missourians, in connection with {104}

some of the lawless inhabitants of Hancock county, and that

threats have been made that some of the citizens of Nauvoo will be

kidnapped or arrested, and forcibly carried away from said city

without being allowed the benefit of the writ of _habeas corpus_,

according to the ordinance in such case made and provided, you

will therefore take the necessary measures to have the rights of

the citizens of this city held sacred, and the ordinances of said

city duly carried into full force and effect. To which end, should

you judge that the peace and safety of the city require it, you

are further notified to call for a suitable portion of the Nauvoo

Legion to be in complete readiness to compel obedience to the

ordinances of the said city.

Given under my hand and seal this 8th day of December, 1843.

JOSEPH SMITH, Mayor,

W. W. PHELPS, Clerk, M. C.

In consequence thereof, I received from the City Marshal;--

_The City Marshal's Reply_.

CITY OF NAUVOO, December 8, 1843.

SIR:--Your order to have the ordinances of this city fully carried

into effect will be duly attended to; but in order to so do, it

will be necessary for you as Mayor of the city, to issue orders

to Major General Wilson Law for a suitable portion of the Nauvoo

Legion to be in readiness to _compel obedience_ to said ordinances,

if necessary.

Respectfully, &c.,

HENRY G. SHERWOOD, City Marshal.

_To Joseph Smith, Mayor_.

And I issued:--

_Mayor's Order to the Commander of the Nauvoo Legion_.

"HEADQUARTERS NAUVOO LEGION,

CITY OF NAUVOO, Dec. 8, 1843.

The Marshal of this city having made a demand of me for a suitable

portion of the Nauvoo Legion to protect the rights of the citizens

and carry the ordinances of said city into full effect, you are

hereby directed and required to hold in readiness such portions of

the said Nauvoo Legion, which you have the honor to command, as may

be necessary to compel obedience to the ordinances of said city and

secure the peace of the citizens, and call them out, if occasion

require, without further notice.

With due regard, I have the honor to be

Your obedient servant,

JOSEPH SMITH,

Lieutenant-General. N. L.

_Major-General Wilson Law,_

Commanding Nauvoo Legion.

{105} Four p.m., attended City Council, which passed "An extra

ordinance for the extra case of Joseph Smith and others."

_Special Ordinance in the Prophet's Case, vs. Missouri_.

Whereas, Joseph Smith has been three times arrested and three

times acquitted upon writs founded upon supposed crimes or charges

preferred by the State of Missouri, which acquittals were made

from investigations upon writs of _habeas corpus_--namely one in

the United States Court for the district of Illinois, one in the

Circuit Court of the State of Illinois, and one in the Municipal

Court of Nauvoo:

And whereas, a _nolle prosequi_ has once been entered in the courts

of Missouri upon all the cases of Missouri against Joseph Smith and

others:

And whereas, there appears to be a determined resolution by the

State of Missouri to continue these unjust, illegal, and murderous

demands for the body of General Joseph Smith:

And whereas, it has become intolerable to be thus continually

harassed and robbed of our money to defray the expenses of these

prosecutions:

And whereas, according to the Constitution of Illinois, "all men

are born equally free and independent, and have certain inherent

and indefeasible rights, among which are those of enjoying and

defending life and liberty, and of acquiring, possessing, and

protecting property and reputation, and pursuing their own

happiness:"

And whereas, it is our bounden duty, by all common means, if

possible, to put a stop to such vexatious lawsuits and save

expense: Therefore--

Section 1. Be it ordained by the City Council of the City of

Nauvoo, according to the intent and meaning of the Charter for the

"benefit and convenience" of Nauvoo, that hereafter, if any person

or persons shall come with process, demand, or requisition, founded

upon the aforesaid Missouri difficulties, to arrest said Joseph

Smith, he or they so offending shall be subject to be arrested by

any officer of the city, with or without process, and tried by the

Municipal Court, upon testimony, and, if found guilty, sentenced to

imprisonment in the city prison for life; which convict or convicts

can only be pardoned by the Governor, with the consent of the Mayor

of said city.

Section 2. And be it further ordained that the preceding section

shall apply to the case of every and all persons that may be

arrested, demanded, or required upon any charge founded in the

aforesaid Missouri difficulties.

Section 3. And be it further ordained that the jury that makes the

presentment, in any case above specified, shall not, nor either of

them, {106} act as jurors on the final trial; but the trial shall

be conducted according to the fifth and sixth articles of the

amendment to the Constitution of the United States.

Passed December 8, 1843.

JOSEPH SMITH, Mayor.

WILLARD RICHARDS, Recorder. [3]

The City Council also passed "An ordinance to erect a dam in the

Mississippi river, and for other purposes."

_Ordinance Providing for the Erection of a Dam in the Mississippi_.

Section 1. Be it ordained by the City Council of the City of

Nauvoo, that Joseph Smith and his successors for the term of

perpetual succession are hereby authorized and empowered to erect

a dam, of suitable height to propel mills and machinery, from

any point within the limits of said city and below the Nauvoo

House, and in a proper direction to reach the island this side

of Montrose; but not to interfere with the main channel of the

Mississippi river.

Section 2. And be it further ordained that the said Joseph Smith

and his successors are further authorized to erect north of the

aforesaid island, a dam, pier, or breakwater to intersect the

sandbar above.

Section 3. Be it further ordained that said Joseph Smith and

his successors are also authorized and have full liberty to use

the said dam and water for the purpose of propelling mills and

machinery, and shall be governed in their rates of toll and rules

of manufactory by ordinance of said city.

Section 4. And be it further ordained that the said Joseph Smith

and his successors are further authorized and empowered to use the

space within the limits of the said dam as a harbor or basin for

steamboats and other water craft; and for which purpose they may

construct docks, wharfs, and landings, and receive such fees for

wharfage as may be regulated by ordinance of said city.

Section 5. And be it further ordained that said Joseph Smith and

his successors are further authorized to build an embankment on the

east side of the aforesaid island, to connect the said dam with the

pier on the north, and to use the top of said dam for a public road

or highway, receiving for compensation from those who cross upon it

such rates as may be allowed by ordinance of said city.

Passed December 8, 1843.

JOSEPH SMITH, Mayor.

WILLARD RICHARDS, Recorder.

[Sidenote: Petition for Nauvoo to Be Placed under the General

Government]

{107} I suggested to the Council the idea of petitioning Congress to

receive the City of Nauvoo under the protection of the United States

Government, to acknowledge the Nauvoo Legion as U. S. troops, and to

assist in fortifications and other purposes, and that a messenger be

sent to Congress for this purpose at the expense of the city.

Messrs. John Taylor, Orson Spencer, and Orson Pratt were appointed a

committee to draft a memorial according to my suggestions.

_Saturday, 9_.--At home.

Prayer-meeting in the assembly room.

I copy from the _Neighbor_.

PUBLIC MEETING AT NAUVOO MAKING AN APPEAL TO THE GENERAL GOVERNMENT

ON SUNDRY LOCAL AFFAIRS.

At a very large meeting of the citizens of Nauvoo, held at the

corner of Main and Water streets, Mr. Heber C. Kimball was elected

chairman, and John M. Bernhisel appointed secretary. Mr. George

A. Smith having made a few observations, Mr. John Taylor read the

preamble and resolutions of a meeting held at the temple, on the

7th instant; also an ordinance entitled "An extra ordinance for

the extra case of Joseph Smith and others," recently passed by

the City Council of the City of Nauvoo; likewise the fifth and

sixth articles of the amendments of the Constitution of the United

States, and the opinion of the Attorney-General of the State of

Illinois on the subject of the organization of the Nauvoo Legion,

he being of the opinion that said Legion was disconnected from the

military communities of the whole State, and in no way subject to

the regular military officers, possessing an exemption even from

subjection to the general military laws, with a law-making power

vested in their own Legion.

After some pertinent remarks by Mr. Taylor, General Joseph Smith

briefly addressed the meeting. He dissented entirely from the

opinion of the Attorney-General, and observed that it was stated in

the Charter that the Legion was a part of the Militia of Illinois,

and that his commission declared that he (General Smith) was the

Lieutenant-General of the Nauvoo Legion and of the Militia of the

State of Illinois; and as such, it was not only his duty to enforce

the city ordinance, but the laws of the State, when called on by

the Governor. He also stated that he had been informed that the

Chief Magistrate of Missouri had it in {108} contemplation to make

another requisition on the Governor of Illinois for him (Joseph

Smith).

The meeting then adjourned _sine die_.

H. C. KIMBALL, Chairman.

J. M. BERNHISEL, Secretary.

Received the following;--

_Letter of Wilson Law to Joseph Smith Anent the Legion_.

NAUVOO LEGION, NAUVOO CITY,

December 9, 1843.

_Lieutenant-General Joseph Smith_.

In consequence of the orders I received from you "to hold in

readiness a sufficient portion of the legion, &c.,--to make said

forces efficient," it will be necessary to supply them with

munitions of war, which of course must be done at the expense

of the city. You will therefore please to give orders to the

commandants of cohorts on their application to you on the city

treasury for whatever amount you may think proper on the present

occasion.

Most respectfully your obedient servant,

WILSON LAW,

Major-General, N. L.

_Sunday, 10.--_Rainy day. I stayed at home.

A prayer-meeting held this evening in the assembly room. I was not

present. Brigham Young presided. Several sick persons were prayed for.

[Sidenote: Avery Case--a Reminiscence of Missouri Days.]

By letter from J. White, deputy sheriff of Clark county, Missouri,

I learn that Mr. Daniel Avery is in Marion county prison, without

trial. The sheriff requests several men to go there as witnesses. It

is evidently a trap to get some more of our people into their power.

When I was in prison in Missouri, my witnesses were arrested before

they got into court to testify, except one, who was kicked out of the

court by an officer, Lieutenant Cook, who damned him, and ordered some

of his company to shoot him. After which, the State's attorney, Birch,

turned to me tauntingly, saying, "Why the hell don't you bring on your

witnesses?" and Judge King laughed at my discomfiture. The Saints have

had enough of Missouri mob justice.

{109} _Monday, 11._ The following affidavit will show that some of

the citizens of Illinois are so far fallen and so much governed by

mobocratic influence as to assist the Missouri wretches in their

hellish designs:--

_Affidavit of Sission Chase--The Avery Case_.

STATE OF ILLINOIS,

HANCOCK COUNTY. ss.

On the 11th day of December, 1843, came Sission A. Chase before me

Aaron Johnson, a Justice of the Peace of said county; and, after

being duly sworn, deposeth and saith that the crime of kidnapping

has been committed in Hancock County; and on the 2nd day of this

present December, 1843, at the house of Schrench Freeman, about

four miles and a half south of Warsaw, in said county, your said

affiant heard a man by the name of John Elliot say that he was

going a shooting turkeys. When asked what he was going to shoot

them with, he showed a brace of pistols and a large hickory cane.

Your affiant observed that he thought he could not kill turkeys

with such weapons; and the said Elliot said that there was a

certain cock he meant to take before night, and they would do for

that. He, the said Elliot, went off, and your affiant did not see

him till Sunday evening the 3rd, when your affiant asked the said

Elliot if he had caught his turkey; and he replied, yes, the one

he was after--a Mormon Elder. Your affiant then asked him who he

was; and he said, Daniel Avery. Your affiant then asked the said

Elliot what had been done with said Avery; and he said we put him

on to a horse, tied his legs, and guarded him to the river, from

whence, about ten o'clock at night, we took him into Clark county,

Missouri, for stealing a horse four years ago, where they would try

him; and if found guilty, they would then take him into another

county, where there was a jail, as there was none in Clark county.

On the 4th day of December, I asked him if they had writs or

authority to take Mr. Avery. He replied, we all had writs. On the

5th, said Elliot said he expected to get into difficulty on account

of this scrape; but if any Mormon makes any business with me, I

will shoot him. And further your affiant says not.

SISSION A. CHASE.

Subscribed and sworn to this 11th day of December, 1843, before me

AARON JOHNSON, J. P.

Which I sent to the Governor, with this letter:--

_Letter--Joseph Smith to Governor Ford_.

NAUVOO, December 11, 1843.

SIR:--I herewith forward your Excellency another affidavit on the

subject of the late kidnapping, and shall continue [to do] the same

as they {110} come to hand, expecting your cordial co-operation in

the premises that the laws may be magnified and made honorable, and

our lives held precious, our friends saved from jeopardy, and the

captives freed.

Respectfully, I have the honor to be

Your obedient servant,

JOSEPH SMITH.

[Sidenote: Nauvoo's Police Force Enlarged.]

Meetings were held and resolutions passed in all the wards of the city,

requesting the city council to raise a company of forty men to act as

police.

Last night, two ruffians, whose names are unknown, went to the house

of Brother Richard Badham--a farmer living on the prairie, robbed the

house of $4.50, threatened his life, stabbed him in the abdomen, when

part of his caul gushed out. Dr. John M. Bernhisel dressed his wounds

today, and he thinks there is a prospect of his recovering.

_Tuesday, 12.--_In office at nine a.m., and wrote a letter to my

uncle:--

_Letter--Joseph Smith to John Smith--The Latter Appointed a

Patriarch_.

_President John Smith:--_The petition of a special conference at

Macedonia of last November for your appointment as Patriarch in

the Church has been received, duly considered, and is granted. You

have my best wishes in your behalf, as well as my prayers, that

you may fill so honorable and exalted a station with the dignity,

sobriety, and grace which has hitherto characterized your conduct

and communion with men, as a man of God.

Respectfully yours,

JOSEPH SMITH.

At ten, a.m., attended City Council, which passed an ordinance

exempting all church property from city tax.

In accordance with the petitions from the several wards, the council

passed the following:--"An ordinance for selecting forty policemen and

for other purposes.

_Ordinance Enlarging Police Force_.

"Section 1. Be it ordained by the City Council of the City of

Nauvoo that the Mayor of said city be, and is hereby authorized to

select and have in readiness for every emergency forty policemen,

to be at his {111} disposal in maintaining the peace and dignity of

the citizens, and enforcing the ordinances of the said city, for

ferreting out thieves and bringing them to justice, and to act as

daily and nightly watchmen, and be under the pay of said city."

Passed December 12, 1843.

JOSEPH SMITH, Mayor.

W. RICHARDS, Recorder.

The Council also passed "An ordinance for the health and convenience of

travelers and other persons."

_Ordinance on the Personal Sale of Liquors_.

Section 1. Be it ordained by the City Council of Nauvoo, that the

Mayor of the city be and is hereby authorized to sell or give

spirits of any quantity as he in his wisdom shall judge to be for

the health and comfort, or convenience of such travelers or other

persons as shall visit his house from time to time.

Passed December 12, 1843.

JOSEPH SMITH, Mayor.

WILLARD RICHARDS, Recorder.

_Wednesday, 13.--_At home.

I insert an editorial from the _Neighbor_:--

PUBLIC MEETING AT NAUVOO--THE AGGRESSIONS OF MISSOURI.

It will be seen in another column that a public meeting was held

in this place for the purpose of providing some remedy for the

repeated aggressions of the State of Missouri; since which time an

ordinance has been passed by the City Council to carry into effect

that object, and to prevent the citizens of this place from being

any longer imposed upon by the continued illegal proceedings of the

state and citizens of Missouri.

We think that it is high time that something should be done to

screen ourselves from the continued aggressions of the meddling,

troublesome, bloodthirsty herd; and we know of no means that will

be more efficient and lawful than the one adopted.

We have done good for evil long enough, in all conscience. We think

that we have fulfilled the Scriptures every whit. They have smitten

us on the one cheek, and we have turned the other, and they have

smitten that also.

We have also fulfilled the law, and more than fulfilled it. And

for sake of peace, when we knew that we had violated no law, nor

in anywise subjected ourselves to persecutions, we have endured

the wrong patiently, without offering violence or in anywise

injuring the heartless wretches who could be trusted with such a

dishonorable document. {112} Those vagabonds have been suffered to

prowl at large, and boast of their inglorious deeds in our midst;

and no man has injured them, or said, Why do you so?

The time, however, is now gone by for this mode of proceeding,

and those vagabonds must keep within their own borders and let

peaceable citizens alone, or receive the due merit of their crimes.

We think that this ordinance passed by the City Council is wise,

judicious, and well-timed, and is well calculated to protect

peaceable citizens in their rights, and to prevent those lawless

vagabonds from interfering with the rights of peaceable citizens.

To those unacquainted with our relationship to Missouri, and the

accumulated wrongs and repeated aggressions that we have received

from the hands of that State, our language may appear harsh and

ill timed; but those who are in possession of those facts know

better. Their merciless, unrelenting, inhuman prosecutions and

persecutions, from the time of our first settlement in that state

until the present, have been wholly and entirely unprovoked and

without the shadow of law.

Joseph Smith has been suffered to be taken time and again by

them; we say suffered, because he could not be legally and

constitutionally taken, Joseph Smith never committed the crimes of

which he is charged. He is an innocent man.

But allowing their false, diabolical accusations to be true, what

then? Does it follow that he is continually to be followed for the

same offense? Verily no. The Constitution of the United States

expressly says--"Nor shall any person be subject for the same

offense to be _twice_ put in jeopardy of life or limb." And yet we

find that the State of Missouri has put Joseph Smith in jeopardy

no less than four or five times. He was tried once by a military

tribunal in Missouri, and sentenced to be shot. He was afterwards

tried by a pretended civil (mobocratic) court; and since then he

has been several times apprehended, tried, and acquitted for the

same offense, in this State, by Missouri requisitions.

Is he still illegally and unconstitutionally to be held in abeyance

by these miscreants? or shall we as freeborn American citizens,

assert our rights, put the law in force upon those lawless,

prowling vagabonds and say that he shall be free?

Shall we suffer our pockets to be picked through the influence

of these scoundrels eternally, by defending ourselves against

vexatious lawsuits? or shall we take a more summary way, and by

a legal course punish the aggressors, proclaim our freedom, and

shield ourselves under the broad folds of the Constitution? The

latter is the course for us to pursue.

The ordinance passed by the City Council will secure this object;

{113} and we are glad to find that the opinion of J. Lamborn,

attorney general, and J. N. McDougall, correspond so much with

our own--"That the Nauvoo Legion is an independent military

organization, and is by law expressly required to sustain the

municipal laws of Nauvoo.

What are we to say about these kidnappers who infest our borders

and carry away our citizens--those infernals in human shape?

The whole European world has been engaged in a warfare against

those who traffic in human blood. Negotiations have been made,

treaties entered into, and fleets have been sent out, through the

combined efforts of the nations, to put a stop to this inhuman

traffic. But what would those nations think, if they were told the

fact that in America--Republican America, the boasted cradle of

liberty and land of freedom,--that those dealers in human flesh

and blood, negro dealers and drivers, are allowed with impunity to

steal white men, and those sons of liberty can obtain no redress.

Great God! has it come to this, that freeborn American citizens

must be kidnapped by negro drivers? What are our authorities doing!

Why are not these wretches brought to justice? We have heard

that one or two of the citizens of Illinois have been engaged in

assisting these wretches. We shall try to find out who they are and

their whereabouts and make them known; and then, if they are not

brought to condign punishment, we shall say that justice has fled

from Illinois."

_Thursday, 14.--_At home.

Philander Avery arrived in Nauvoo, having made his escape from his

kidnappers in Missouri.

I received the following milk-and-water letter from Governor Ford:--

_Letter--Governor Ford to President Smith_.

SPRINGFIELD, December 12, 1843.

_General Joseph Smith_.

SIR:--I have received your favor of the 6th instant, together with

the proceedings of a public meeting of the citizens of Nauvoo, on

the subject of the late kidnapping, by the people of Missouri and

others, of two citizens of this State.

You request to know if any portion of the Legion shall be called

out. My answer is, No. The Militia cannot be called out, except in

the cases specified by me in my letter to Governor Reynolds, dated

in the month of August last, in which I took the ground that the

Militia can only be called out to repel an invasion, suppress an

insurrection, or on some extreme emergency; and not to suppress,

prevent, or punish individual crimes. I still am of the opinion

that the ground assumed by {114} me on that occasion is the true

one. The prevention and punishment of individual offenses has been

confided by the constitution and laws of this State to the judicial

power, and not to the executive.

If a citizen of the State has been kidnapped, or if property has

been stolen from this State, and carried to the State of Missouri,

those who have done either are guilty of an indictable offense. But

the constitution and the laws have provided no means whereby either

the person or property taken away can be returned, except by an

appeal to the laws of Missouri. The Governor has no legal right to

demand the return of either. The only power I would have would be

simply this: If any of the guilty persons should be charged with

larceny or kidnapping, by indictment or affidavit, duly certified,

and with having fled to Missouri, then I would have the power,

and it would become my duty to make a demand upon the Governor of

Missouri for the surrender of the fugitives, to be tried by the

courts of this State. I am fully satisfied that in ordinary cases

this is all the power I would possess. It would be simply a power

to be exercised in aid of the judicial power. Any other powers to

be exercised by the Governor would be to make him a dictator and a

despot. It is true that an extraordinary case might arise, in which

the inhabitants of one State might arise in warlike and hostile

array against those of another; in which case a state of war would

exist, and then only could I interfere.

I would advise your citizens to be strictly peaceable towards the

people of Missouri. You ought to be aware that in every country

individuals are liable to be visited with wrong, which the law

is slow to redress, and _some of which are never redressed in

this world._ This fact, however, has never been held to be a

justification for violence, not warranted by law.

If any of the people of Nauvoo should invade Missouri for the

purpose of rescuing persons there in jail, the consequence would be

that indictments would be presented against them, and demands made

upon me for their arrest and surrender; which demands I would be

compelled to obey, and thus they would be harassed by interminable

demands and prosecutions; and very likely it would lead to a

species of border warfare, which would be exceedingly annoying to

a peaceable city, and, if you could be placed in the wrong, might

lead to exceedingly unpleasant consequences with reference both to

law and public opinion.

You inform me that you are informed that Governor Reynolds is about

to make a new demand for you; and you implore my protection from

what you term this renewed persecution. In the month of August

last, I was furnished by your friends with a very large amount of

affidavits and evidence, said to be intended to show cause why

no further writs should be issued against you. As they are very

voluminous, {115} I have not yet read them, and probably never

will, unless a new demand should be made; in which case they will

receive a careful perusal; and you may rest assured that no steps

will be taken by me but such as the constitution and laws may

require.

I am, very respectfully, &c.,

THOMAS FORD.

[Sidenote: Comment of the Prophet on Governor Ford's attitude.]

It appears from this letter, that Governor Ford has never taken pains

to examine the evidences placed in his hands, "and probably never

will," in relation to the Missouri writs; and evidently as little

pains to examine the Constitution of the United States or even reflect

upon the ordinary principles of human rights, to suppose that a State,

after having, by a union of executive, judicial and military powers,

exterminated 15,000 of its innocent inhabitants, who were not even

charged with any crime, robbing them of all they possessed on earth,

murdering scores of men, women and children, and expelling all the

others from the State, among strangers, in mid-winter, destitute of

everything upon the face of the earth that could possibly have a

tendency to make life desirable, should be constitutionally entitled to

demand back from banishment persons who have thus suffered its absolute

decrees of exile, to satiate a yet unsatiated thirst for human blood

and torture. O reason, where art thou fled! O humanity, where hast thou

hidden thyself? Patriots of '76, has your blood been spilt in vain,

that in 1843 the Executive of a great Republican State can coolly say,

"I have not yet read them, and probably never will?" Is liberty only a

name? Is protection of person and property fled from free America? _Let

those answer who can_.

[Sidenote: A Sudden Illness of the Prophet.]

_Friday, 15.--_I awoke this morning in good health, but was soon

suddenly seized with a great dryness of the mouth and throat, sickness

of the stomach, and vomited freely. My wife waited on me, assisted by

my scribe, Dr. Willard Richards, and his brother Levi, who administered

to me herbs and mild {116} drinks. I was never prostrated so low, in so

short a time, before; but by evening was considerably revived.

Very warm for the season.

_Saturday, 16.--_This morning I felt considerably better; arose at 10,

and sat all day in the City Council, which was held in my house for my

accommodation.

[Sidenote: Comment on Appeal to the General Government for Protection.]

The Mayor, Aldermen, and Councilors signed officially the Memorial

to Congress for redress of losses and grievances in Missouri. While

discussing the petition to Congress, I prophesied, by virtue of the

holy Priesthood vested in me, and in the name of the Lord Jesus Christ,

that, if Congress will not hear our petition and grant us protection,

they shall be broken up as a government. [4] * * *

I informed the Council that it was my wish they should ask the

privilege of calling on Government for the United States troops to

protect us in our privileges, which is not unconstitutional, but lies

in the breast of Congress.

Heber C. Kimball was duly elected city auctioneer, in place of Charles

Warner, removed.

The Council passed "An ordinance regulating merchants and grocers;"

also "An ordinance concerning the landing of steamers;" and Jonathan

Dunham was appointed wharf-master for one year.

{117} Heber C. Kimball and George A. Smith were appointed a committee

to wait on Mr. Davidson Hibbard, and solicit from him a block of land,

whereon to erect a city prison.

After Council, conversed with some of the Twelve, brother Turley and

others, till 8 p.m. Prayer meeting in the evening.

Warm, foggy, and muddy day.

_Sunday, 17.--_At home till 4 p.m.; attended prayer meeting at the

assembly room. Samuel Harrison Smith admitted. Returned home at 7.

River clear of ice as far up as the Stone Tavern.

Mr. King Follet, one of the constables of Hancock County, started with

ten men this afternoon to arrest John Elliott for kidnapping Daniel

Avery, upon a warrant granted by Aaron Johnson, Esq., J. P.

_Monday, 18.--_After dinner, Constable Follet returned with John

Elliott, a schoolmaster, when an examination was had before Esq.

Johnson, in the assembly room. Elliott was found guilty of kidnapping

Avery, and bound over in the sum of $3,000 to the Circuit court of

Carthage for trial. I endeavored to have the court reduce those bonds,

as Mr. Elliott was comparatively a stranger in Nauvoo; but did not

succeed.

During the investigation, testimony appeared to show that Elliott had

threatened my life; and for this I made affidavit and brought him to

trial before Robert D. Foster, J. P., immediately after he had been

bound over by Esq. Johnson. I extract from the proceedings, in part,

from the _Neighbor_:--

THE TRIAL OF JOHN ELLIOTT.

The prisoner was brought forward, and the court said it was his

privilege to plead for a change of venue, by paying the costs; but

as the costs were not forthcoming, the court proceeded.

Mr. Styles then read the "Act to regulate the apprehension of

offenders and for other purposes," p 219, r. s. The act sets forth

that the use of threatening language is sufficient to criminate

individuals. This we are prepared to prove.

{118} Sisson Chase sworn.

The testimony was similar to that before delivered, [in Chase

affidavit see p. 109] with the following additional items:--

I did ask him if he had authority. In the morning he said that he

would not care about shooting some of the Mormons. In conversation

with him, he carried the idea that a conspiracy was formed against

Joseph Smith and others, and that some of them would be shot. These

conversations were had at different times. He thought Mr. Smith was

a bad character. He thought they ought to be taken. Question: Who?

Joseph Smith and some others.

I told him he had been taken, but had been acquitted. He did not

thank the Governor for that. He carried the idea that there was a

conspiracy against his life, and said we have a plan in operation

that will pop him over.

Mr. Elliott sworn.

By the Court: Is your residence, Mr. Elliott, in this county? Yes.

Messrs. Marr and Styles, attorneys, resident in Nauvoo, made some

thrilling remarks pertaining to the outrageous proceedings of

Missouri. The diabolical conduct of those wretches who could be

engaged in destroying and kidnapping their fellowmen was portrayed

in glowing colors.

Judge Phelps and General Smith then followed on the same subject:

their language was thrillingly eloquent and powerful. If ever

inhumanity and deeds of blood were depicted in their true colors,

it was on that occasion: their thoughts flashed as fire, and they

spake in "words that burned." We never saw the character of General

Smith so clearly developed; for while he abhorred and depicted the

fiendish crime that the culprit stood charged with in its true

colors, he pitied the poor wretch that then stood before him, and

with feelings of commiseration, benevolence, and philanthropy,

withdrew his charge--wished, if it was within the power of the

court, that the culprit might be forgiven,--promised to pay all the

charges, and invited him and those of his friends who came along

with him, to come to his house, and they should be taken care of.

It would be superfluous for us to attempt to give even a faint

outline of the remarks made by the above-named gentlemen. We hope

to have at least a synopsis of their speeches for publication,

which we are sure would be highly interesting to our readers. Upon

the whole, although a painful, yet it was an interesting occasion

and will long be remembered; and unless Mr. Elliott's heart and

those of his friends were made of adamant, it must have made an

indelible impression on their minds, and almost made them hate

themselves.

I received from Aaron Johnson, Esq., the following demand:--

{119} _Legion Aid Applied For_.

CITY OF NAUVOO, December 18, 1843.

SIR:--I have been informed that a writ issued by me for the body of

Levi Williams, for kidnapping Daniel Avery, will be resisted by an

armed force: Therefore, according to the provision of the Charter,

I wish you to order me a detachment of the Nauvoo Legion--say 100

men, to enforce the law of the State, and bring the said Williams

to justice.

AARON JOHNSON, J. P.

Which demand I complied with by writing to Major-General Wilson Law.

_Detachment of the Legion Ordered into Service_.

CITY OF NAUVOO, Dec. 18, 1843.

SIR:--You will detach 100 men, under the direction of Aaron

Johnson, a Justice of the Peace, for the purpose of assisting

the constable in executing the law of the State in taking Levi

Williams, who is charged with kidnapping Daniel Avery.

Yours,

JOSEPH SMITH, Lieut-Gen., N. L.

To MAJOR-GEN. WILSON LAW,

Commanding Nauvoo Legion.

Gen. Wilson detached Colonel Stephen Markham with 100 men for that

purpose.

[Sidenote: Rumors of Mob Risings.]

About 10 p.m., two young men arrived as express, stating that a mob

was collecting at Warsaw, also at Colonel Levi Williams' house; and

messengers had gone to the mob in Missouri to reinforce their number

there.

Dr. Richards made the following affidavit:--

_Affidavit of Willard Richards that Nauvoo was in Danger_.

STATE OF ILLINOIS, CITY OF NAUVOO,

December 18, 1843.

Personally appeared Willard Richards before me, Joseph Smith,

Mayor of said city, and upon his oath deposeth and saith that from

information he has received, he verily believes that the peace of

said city is in danger from a mobocratic assemblage at Warsaw, and

a force collected under the command of Colonel Levi Williams in the

lower part of the county, and runners having been sent to Missouri

to excite the Missourians to join the mobbers in this county, for

the purpose of making {120} a descent on said city, or disturbing

its peaceable inhabitants; and further your deponent saith not.

WILLARD RICHARDS.

Subscribed and sworn to before me this 18th December, 1843.

W. W. PHELPS,

Clerk of the Mayor's Court.

Whereupon I wrote to Major-General Wilson Law:--

_Legion Ordered into Service_.

CITY OF NAUVOO, Dec. 18, 1843.

SIR:--I am credibly informed that a warlike force is collecting at

or near Warsaw, for the purpose of some violent move towards this

city or some of the inhabitants thereof. You will therefore order

out such a portion of the Nauvoo Legion as may be necessary to

repel any such mobocratic or hostile design of the same unlawful

force, and also as may be sufficient to secure the peace of the

citizens, according to law.

Yours,

JOSEPH SMITH, Lieut-Gen. N. L.

MAJOR-GEN. WILSON LAW,

Commanding Nauvoo Legion.

I returned home to rest about one o'clock in the morning of the 19th.

[Sidenote: Moves and Counter Moves of Forces.]

_Tuesday, 19.--_At home. About 9 a.m., a part of the company who went

with Hosea Stout returned, and stated that they went within two miles

of Colonel Williams', when they were informed that a body of men, armed

with rifles, &c., were collected at his house, and he judged it prudent

to return for weapons and help; also that Brother Chester Loveland told

them that he had seen thirty armed men following Constable King Follett

some miles on his way, when he had Elliott in custody.

Esq. Johnson immediately wrote to Loveland to have him come to Nauvoo

and make affidavit of the warlike movements of the mob, that he might

send to the Governor.

I directed my clerks to make copies of the affidavits respecting the

kidnapping of the Averys to send to Governor Ford, that he might be

left without excuse, although he may probably not read them.

{121} Elder William Martindale writes from Washington, Wayne county,

Iowa:--

STRANGE CELESTIAL PHENOMENON--1860.

A singular phenomenon was seen in this neighborhood. Jesse

Fox, William and Lorenzo Fox, David Bale, James Wilson, and

William Cole, with some others, retired to the house of Solomon

Mendenhall, at which place they stayed a short time. While there

they discovered a ball rising from the east in an oblique line;

and as it ascended it moved towards the west with great rapidity

until it was high in the heavens, leaving a streak of light behind

it, which to the natural eye, had the appearance of being thirty

or forty feet in length. This light remained stationary for about

one minute. Both ends then coming round, formed a figure 8, which

figure also retained its position for the same space of time. It

then was transformed into a figure 6, which also remained for about

a minute. It then was formed into a cipher or 0, which remained for

about three minutes. The figures put together made 1860 in large

figures in the heavens. The phenomenon was indeed singular, and has

been a matter of great speculation with us.

[Sidenote: Legion Parade]

At one p.m. I was present when the Legion paraded near the Temple, were

inspected by the officers, and instructed to prepare themselves with

arms and ammunition and to hold themselves in readiness, for a moment's

notice. Brother Henry Boley was shot severely under the arm by the

accidental discharge of his gun.

Amos S. Chase made the following affidavit:--

_Affidavit of Amos Chase_.

STATE OF ILLINOIS,

CITY OF NAUVOO. ss.