On the 19th day of December, 1843, came Amos S. Chase before me

Joseph Smith, Mayor of said city; and after being duly sworn,

deposeth and saith that on the 18th day of December, 1843, he was

about four miles below Warsaw, in Hancock County, shortly after the

constable arrested John Elliott for being concerned in kidnapping

Daniel Avery, not long since, and saw the men of the neighborhood

gathering with arms to retake the said John Elliott; and when

asked what they would do, if the Governor did not sanction such an

unlawful course, several of them replied, "Damn the Governor! If he

opens his head, we will punch a hole through him! He dare not open

his head! We will serve him the same sauce we will the Mormons."

The said {122} mob then went to Warsaw, where your affiant saw them

with their arms; and further your affiant saith not.

AMOS S. CHASE,

Subscribed and sworn to before me this 19th day of December, 1843.

W. W. PHELPS, Clerk, M. C.

_Wednesday, 20.--_At home, in good health and spirits, counseling and

attending to business in general.

The Clerk of the Municipal Court took the following affidavits:--

AFFIDAVITS OF PHILANDER AVERY--MISSOURI KIDNAPPING.

STATE OF ILLINOIS,

CITY OF NAUVOO. ss.

On the 20th day of December, 1843, personally appeared before

me, Willard Richards, clerk of the Municipal Court of said city

Philander Avery, of Bear Creek precinct, in said county, and after

being duly sworn, deposeth and saith that on the 19th day of

November, 1843, at his house, in the precinct aforesaid, Ebenezer

Richardson, of Lee county, Territory of Iowa, by false pretenses,

persuaded your affiant to accompany said Richardson to the

Mississippi river at Warsaw, where your affiant was seized by one

Joseph C. McCoy, of Clark county, Missouri, in connection with the

said Richardson, and about one dozen of other individuals, whose

names are unknown to your affiant, and by them forced across said

Mississippi River, where they bound your affiant; and Mark Childs

swore that your affiant had stolen said McCoy's horse and colt, and

that his father Daniel Avery had secreted said horse and colt, and

said Richardson threatened your affiant with death or seven years'

imprisonment, in order to persuade him to make false statements,

and testify that his father, Daniel Avery, had stolen said McCoy's

horse and colt, which statements your affiant made, and swore

to the same, while in duress, with a bowie-knife presented to

intimidate. And your affiant further saith that the testimony he

gave concerning his father's guilt, was extorted from him through

fear, while in duress, and said testimony was absolutely false,

and your affiant fully believed that his father is innocent of the

crime of stealing said McCoy's horse and colt; and further your

deponent saith not.

PHILANDER AVERY.

[Sidenote: [L. S.]]

Subscribed and sworn to before me; in testimony whereof I have set

my hand and affixed the seal of said court at Nauvoo aforesaid,

this 20th day of December, A. D. 1843.

WILLARD RICHARDS,

Clerk of the Municipal Court of the City of Nauvoo,

{123} _Affidavit of the Hamiltons_.

STATE OF ILLINOIS,

COUNTY OF HANCOCK, ss.

On the 20th day of December, 1843, personally appeared before me

Aaron Johnson, a Justice of the Peace in and for said county,

Andrew H. Hamilton, and James B. Hamilton, of Bear Creek precinct,

in said county, and, after being duly sworn, depose and say that

on the evening of the 2nd day of December, 1843, at Vernon Doty's

mill, in said precinct, Colonel Levi Williams, of said Hancock

county, as principal, and his son, John Williams, with William

Middleton, of the county of Clark and State of Missouri, Captain

McCoy, of the said county of Clark and State of Missouri, John Fox

of Green Plains precinct, and about a dozen other men, armed with

pistols, dirks and bowie knives came forcibly upon Daniel Avery at

said Doty's mill, and seized and bound him. The said Avery told

them to stand off. They said they had a writ. He observed, he would

not resist legal authority. They said they would take said Avery to

Warsaw, and there to try him. The said Avery replied, "I understand

you: you will take me to Warsaw, and there pass me over the river

to Missouri." Some of said gang then shouted, "Lay hold of him;

G--d d--n him, lay hold of him: there's no use of parleying;" at

which Colonel Levi Williams, with a large bowie-knife in his hand,

and others, then forced the said Daniel Avery to submit, telling

him (without a writ,) that his life would be taken if he did not

submit. They then tied him with silk handkerchiefs. Colonel Levi

Williams and another person then led the said Daniel Avery away;

and as they passed your affiants within the distance of about four

rods, the said Daniel Avery cried out to one of your said affiants,

"tell my friends where I am gone." Colonel Williams told said Avery

to hold his peace, for it was of no use. William Middleton then got

a horse; and after tying him upon said horse, as sworn to before by

another witness, they then conveyed him to Missouri without an by

another witness, they then conveyed him to Missouri without a writ

or trial, as your affiants verily believe; and further they say not.

ANDREW M. HAMILTON.

JAMES B. HAMILTON.

Subscribed and sworn to this 20th day of December, 1843, before me.

AARON JOHNSON, J.P.

Footnotes:

1. This was the upper room of President Smith's brick store.

2. This occurred on the 2nd of December. See Avery's Affidavit, Chapter

VI, this volume.

3. The Ordinance was about a month later repealed at the suggestion of

President Smith.

4. This prediction doubtless has reference to the party in power;

to the "government" considered as the administration; not to the

"government" considered as the country; but the administration party,

the Democratic Party, which had controlled the destiny of the country

for forty years. It is matter of history that few years later the party

then in power lost control of the national government, followed by the

terrible conflict of the Civil War. The Party against which the above

prediction was made so far lost its influence that it did not again

return to power for a quarter of a century; and when it did return to

power it was with such modified views as to many great questions of

government, that it could scarcely be regarded as the same party except

in name.

Lest it should be urged that the Whig party was in control of the

government in 1843, I call attention to the fact that while General

Harrison, a Whig, was elected in 1840, he was President only one month,

as he died on the 4th of April, 1841. His whole cabinet, excepting Mr.

Webster, Secretary of State, resigned, and the Vice President became

President. Though elected by the Whigs Mr. Tyler was a Democrat "and

the Whig administration had but a month's actual existence." (See

History of the United States, Morris, pp. 311, 312).

{124}

CHAPTER VI.

MEMORIAL OF CITY COUNCIL TO CONGRESS ANENT MISSOURI AFFAIRS--ROCKWELL'S

RETURN TO NAUVOO--RECITAL OF HIS ADVENTURES--AVERY'S ACQUITTAL BY

MISSOURI'S COURTS--NAUVOO'S POLICE FORCE INCREASED--PUBLICATIONS ON

MORMONISM, PRO ET CON--1843.

_Thursday, December 21, 1843.--_About one o'clock in the morning I was

alarmed by the firing of a gun, got up, and went down to the river

bank to see the guard, and inquire the cause of it. To my surprise,

they had not heard it, although I felt sure it was fired in Montrose.

The morning proved it to be correct, some rowdies in Montrose had been

firing in the night.

At noon met with the City Council which voted that Councilor Orson

Pratt present the Memorial and Ordinance to Congress.

Passed "An ordinance to prevent unlawful search or seizure of person or

property by foreign [i.e. outside] process in the city of Nauvoo."

Heber C. Kimball resigned his office as city auctioneer and Charles

Warner was re-elected.

John P. Greene was duly elected city marshal, in the room of Henry G.

Sherwood, who expects to leave soon.

[Sidenote: The Prophet for a Clean, Orderly City.]

I gave instructions to the marshal and policemen to see that all

carrion is removed out of the city, and all houses kept in order,--to

stop the boys when fighting in the streets, and prevent children from

floating off on the ice, and correct anything out of order, like

fathers; and I offered to build the city jail, if it was left to my

dictation, which the Council authorized me to do.

{125} I insert the Memorial from the City Council to the Congress of

the United States for redress of grievances and protection from further

persecution, which was signed by them:--

MEMORIAL OF THE CITY COUNCIL TO CONGRESS.

_"To the Honorable Senators and Representatives of the United

States of America in Congress assembled_,

We, the undersigned members of the City Council of the City of

Nauvoo, citizens of Hancock County, Illinois, and exiles from

the State of Missouri, being in council assembled, unanimously

and respectfully, for ourselves, and in behalf of many thousands

of other exiles, memorialize the honorable Senators and

Representatives of our nation upon the subject of the unparalleled

persecutions and cruelties inflicted upon us and upon our

constituents by the constituted authorities of the State of

Missouri, and likewise upon the subject of the present unfortunate

circumstances in which we are placed in the land of our exile. As

a history of the Missouri outrages has been extensively published,

both in this country and in Europe, it is deemed unnecessary to

particularize all of the wrongs and grievances inflicted upon us in

this memorial. As there is an abundance of well-attested documents

to which your honorable body can at any time refer, hence we only

embody the following important items for your consideration.

First:--Your memorialists, as freeborn citizens of this great

republic, relying with the utmost confidence upon the sacred

"articles of the Constitution," by which the several States are

bound together, and considering ourselves entitled to all the

privileges and immunities of free citizens in what State soever we

desired to locate ourselves, commenced a settlement in the county

of Jackson, on the western frontiers of the State of Missouri, in

the summer of 1831.

There we purchased lands from the Government, erected several

hundred houses, made extensive improvements, and shortly the wild

and lonely prairies and stately forests were converted into well

cultivated and fruitful fields. There we expected to spend our days

in the enjoyment of all the rights and liberties bequeathed to us

by the sufferings and blood of our noble ancestors. But alas! our

expectations were vain.

Two years had scarcely elapsed before we were unlawfully and

unconstitutionally assaulted by an organized mob, consisting of the

highest officers in the county, both civil and military, who openly

and boldly avowed their determination in a written circular to

drive us from said county.

As a specimen of their treasonable and cruel designs, your

honorable {126} body are referred to said circular, of which the

following is but a short extract,--namely: "We the undersigned

citizens of Jackson county, believing that an important crisis

is at hand, as regards our civil society, in consequence of a

pretended religious sect of people that have settled and are still

settling in our county, styling themselves Mormons, and intending

as we do to rid our society, 'peaceably if we can, forcibly if

we must;' and believing as we do that the arm of the civil law

does not afford us a guarantee, or at least a sufficient one,

against the evils which are now inflicted upon us, and seem to be

increasing by the said religious sect, deem it expedient and of the

highest importance to form ourselves into a company for the better

and easier accomplishment of our purpose."

This document was closed in the following words--"We therefore

agree that, after timely warning, and receiving an adequate

compensation for what little property they cannot take with them,

they refuse to leave us in peace, as they found us, we agree to use

such means as may be sufficient to remove them; and to that end we

each pledge to each other our bodily powers, our lives, fortunes,

and sacred honors."

To this unconstitutional document were attached the names of nearly

every officer in the county, together with the names of hundreds of

others.

It was by this band of murderers that your memorialists, in the

year 1833, were plundered of their property and robbed of their

peaceable homes. It was by them that their fields were laid waste,

their houses burned, and their men, women, and children, to the

number of about twelve hundred persons, banished as exiles from the

county, while others were cruelly murdered by their hands.

Second: After our expulsion from Jackson county, we settled in

Clay county, on the opposite side of the Missouri river, where we

purchased lands both from the old settlers and from the [U. S.]

Land Office: but soon we were again violently threatened by mobs,

and obliged to leave our homes, and seek out a new location.

Third: Our next settlement was in Caldwell county, where we

purchased the most of the land in said county, beside a part of the

lands in Daviess and Carroll counties. These counties were almost

entirely in a wild and uncultivated state; but, by the persevering

industry of our citizens, large and extensive farms were opened in

every direction, well stocked with numerous flocks and herds. We

also commenced settlements in several other counties of the state,

and once more confidently hoped to enjoy the hard-earned fruits of

our labor unmolested.

But our hopes were soon blasted. The cruel and murderous spirit

which first began to manifest itself in the constituted authorities

and inhabitants of Jackson county, and afterwards in Clay and the

surrounding {127} counties, receiving no check either from the

civil or military power of the state, had in the meantime taken

courage, and boldly and fearlessly spread its contaminating and

treasonable influence into every department of the government

of said state. Lieutenant-Governor Boggs, a resident of Jackson

county, who acted a conspicuous part in our expulsion from said

county, instead of being tried for treason and rebellion against

the Constitution, and suffering the just penalty of his crimes, was

actually elected governor; and placed in the executive chair.

Thus the inhabitants of the State were greatly encouraged to renew

with redoubled fury, their unlawful attacks upon our defenseless

settlements. Men, women, and children were driven away in every

direction before their merciless persecutors, robbed of their

possessions, their property, their provisions, and their all, cast

forth upon the bleak, snowy prairies, houseless and unprotected.

Many sank down and expired under their accumulated sufferings,

while others, after enduring hunger and the severities of the

season, suffering all but death, arrived in Caldwell county, to

which place they were driven from all the surrounding counties,

only to witness a still more heart-rending scene.

In vain had we appealed to the constituted authorities of Missouri

for protection and redress of our former grievances. In vain we

now stretched out our hands and appealed as the citizens of this

great republic to the sympathies, to the justice, and magnanimity

of those in power. In vain we implored again and again at the feet

of Governor Boggs, our former persecutor, for aid and protection

against the ravages and murders now inflicted upon our defenseless

and unoffending citizens. The cry of American citizens, already

twice driven and deprived of liberty, could not penetrate their

adamantine hearts.

The Governor, instead of sending us aid, issued a proclamation for

our extermination and banishment, ordered out the forces of the

State, placed them under the command of General Clark, who, to

execute these exterminating orders, marched several thousand troops

into our settlements in Caldwell county, where, unrestrained by

fear of law or justice, and urged on by the highest authority of

the state, they laid waste our fields of corn, shot down our cattle

and hogs for sport, burned our dwellings, inhumanly butchered

some eighteen or twenty defenseless citizens, dragged from their

hiding-places little children, and placing the muzzles of their

guns to their heads, shot them [such acts being accompanied] with

the most horrid oaths and imprecations.

An aged hero and patriot of the Revolution, who served under

General Washington, while in the act of pleading for quarter, was

cruelly murdered and hewed in pieces with an old corn cutter;

and in addition to all these savage acts of barbarity, they

forcibly dragged virtuous and {128} inoffensive females from their

dwellings, bound them upon benches used for public worship, where

they in great numbers ravished them in the most brutal manner.

Some fifty or sixty of the citizens were thrust into prisons and

dungeons, where, bound in chains, they were fed on human flesh,

while their families and some fifteen thousand others were at the

point of the bayonet, forcibly expelled from the State.

In the meantime, to pay the expenses of these horrid outrages, they

confiscated our property, and robbed us of all our possessions.

Before our final expulsion, with a faint and lingering hope we

petitioned the State legislature then in session, unwilling to

believe that the virtue and patriotism of the venerable fathers

of the Revolution had fled from the bosoms of their illustrious

descendants--unwilling to believe that American citizens could

appeal in vain for a restoration of liberty cruelly wrested from

them by cruel tyrants. But in the language of our noble ancestors,

"our repeated petitions were only answered by repeated injuries."

The legislature, instead of hearing the cries of 15,000

suffering, bleeding, unoffending citizens, sanctioned and sealed

the unconstitutional acts of the governor and his troops,

by appropriating 200,000 dollars to defray the expenses of

exterminating us from the State. No friendly arm was stretched out

to protect us. The last ray of hope for redress in that State was

now entirely extinguished. We saw no other alternative but to bow

down our necks and wear the cruel yoke of oppression, and quietly

and submissively suffer ourselves to be banished as exiles from our

possessions, our property, and our sacred homes, or otherwise see

our wives and children coldly butchered and murdered by tyrants in

power.

Fourth. Our next permanent settlement was in the land of our

exile, the State of Illinois, in the spring of 1839; but even here

we are not secure from our relentless persecutor, the State of

Missouri. Not satisfied in having drenched her soil in the blood

of innocence, and expelling us from her borders, she pursues her

unfortunate victims into banishment, seizing upon and kidnapping

them in their defenseless moments, dragging them across the

Mississippi river, upon their inhospitable shores, there they are

tortured, whipped, immured in dungeons, and finally hung [as a

means of torture, but not unto death] by the neck without any legal

process what ever.

We have memorialized the former Executive of this State, Governor

Carlin, upon these lawless outrages committed upon our citizens;

but he rendered us no protection. Missouri, receiving no check in

her murderous career, continues her depredations, again and again

kidnapping {129} our citizens and robbing us of our property;

while others, who fortunately survived the execution of her bloody

edicts, are again and again demanded by the Executive of that

State, on pretense of some crime said to have been committed by

them during the exterminating expedition against our people.

As an instance, General Joseph Smith, one of your memorialists,

has been three times demanded, tried, and acquitted by the courts

of this State, upon investigation under writs of _habeas corpus_,

once by the United States Court for the District of Illinois, again

by the Circuit Court of the State of Illinois, and lastly by the

Municipal Court of the City of Nauvoo, when at the same time a

_nolle prosequi_ had been entered by the courts of Missouri upon

all the cases of that State against Joseph Smith and others.

Thus the said Joseph Smith has been several times tried for the

same alleged offense, put in jeopardy of life and limb, contrary

to the fifth article of the amendments to the Constitution of the

United States; and thus we have been continually harassed and

robbed of our money to defray the expenses of these vexatious

prosecutions. And what at the present time seems to be still more

alarming, is the hostility manifested by some of the authorities

and citizens of this State [Illinois.] Conventions have been

called, inflammatory speeches made, and many unlawful and

unconstitutional resolutions adopted to deprive us of our rights,

our liberties, and the peaceable enjoyment of our possessions.

From the present hostile aspect, and from bitter experience in

the State of Missouri, it is greatly feared lest the barbarous

scenes acted in that State will be re-acted in this. If Missouri

goes unpunished, others will be greatly encouraged to follow her

murderous examples.

The afflictions of your memorialists have already been

overwhelming--too much for humanity, too much for American citizens

to endure without complaint. We have groaned under the iron hand

of tyranny and oppression these many years. We have been robbed of

our property to the amount of two millions of dollars. We have been

hunted as wild beasts of the forest. We have seen our aged fathers

who fought in the Revolution and our innocent children alike

slaughtered by our persecutors; we have seen the fair daughters

of American citizens insulted and abused in the most inhuman

manner; and finally we have seen fifteen thousand souls--men, women

and children, driven by force of arms during the severities of

the winter from their sacred homes and firesides, penniless and

unprotected, to a land of strangers.

Under all these afflicting circumstances, we imploringly stretch

forth {130} our hands towards the highest councils of our nation,

and humbly appeal to the illustrious Senators and Representatives

of a great and free people for redress and protection.

Hear, O hear the petitioning voice of many thousands of American

citizens, who now groan in exile on Columbia's free soil! Hear, O

hear the weeping and bitter lamentations of widows and orphans,

whose husbands and fathers have been cruelly martyred in the land

where the proud eagle exulting soars! Let it not be recorded in the

archives of the nations that Columbia's exiles sought protection

and redress at your hands, but sought it in vain. It is in your

power to save us, our wives, and our children from a repetition

of the bloodthirsty scenes of Missouri, and greatly relieve the

fears of a persecuted and injured people, by ordaining for their

protection the following ordinance, namely--

AN ORDINANCE

_For the protection of the people styled the Church of Jesus Christ

of Latter-day Saints, residing on the western borders of the State

of Illinois._

PREAMBLE.

Whereas the State of Missouri at sundry times has

unconstitutionally deprived a certain portion of her citizens

(called "Mormons,") of their rights, property, lands, and even of

their lives:

And whereas, in the years 1838 and 1839 the said State of Missouri

with impunity did illegally and inhumanly exile and banish for ever

from her limits and jurisdiction all the said citizens (called

"Mormons,") that remained alive.

And whereas, after being hospitably received by the citizens of

Illinois, the said State of Illinois did grant, enact, and charter

for the benefit and convenience of the said exiled "Mormons" as

follows:--

[Here in the original document is inserted the city charter of Nauvoo

already published, Vol. IV, pp 239-249.]

And whereas, by the 10th article of the Constitution of the

United States as amended--"Art. 10. The powers not delegated to

the United States by the Constitution, nor prohibited by it to

the States, are reserved to the States respectively, or to the

people;" and whereas, according to the fourth article and section

second, "The citizens of each state shall be entitled to all

privileges and immunities of citizens in the several States:" and

whereas, according to the second paragraph of the {131} third

section of said Constitution, "The Congress shall have power to

dispose of and make the needful rules and regulations respecting

territory;" and whereas the said Congress has the power to protect

each state against invasion and insurrection: and whereas most of

the inhabitants of the city of Nauvoo are exiles from the State

of Missouri: and whereas most of the lands owned in the State of

Missouri were purchased from the United States, and patented by

the United States to the amount of more than $200,000 worth: and

whereas the United States are bound to clear the title and protect

it: and whereas the said exiles or expelled "Mormons" have lost in

property and damages about two millions of dollars: and whereas the

said State of Missouri continues her ravages, persecutions, and

plunderings, by kidnapping said exiles from Illinois, and by other

depredations:

Now, therefore, to show the fatherly care of the United States,

to ratify the said charter, to protect the said exiles from mob

violence, and shield them in their rights:--

Section 1. Be it ordained by the Senate and House of

Representatives of the United States of America in Congress

assembled, that all the rights, powers, privileges, and immunities

belonging to Territories, and not repugnant to the Constitution

of the United States, are hereby granted and secured to the

inhabitants of the city of Nauvoo, in addition to the spirit,

letter, meaning, and provisions of the afore-mentioned charter, or

act of incorporation from the State of Illinois, until the State

of Missouri restores to those exiled citizens the lands, rights,

privileges, property, and damage for all losses.

Section 2. And be it further ordained, in order to effect the

object and further intention of this ordinance, and for the peace,

security, happiness, convenience, benefit, and prosperity of the

said city of Nauvoo, and for the common weal and honor of our

country, that the mayor of Nauvoo be, and he is hereby empowered by

this consent of the President of the United States; whenever the

actual necessity of the case and the public safety shall require

it, to call to his aid a sufficient number of United States forces,

in connection with the Nauvoo Legion, to repel the invasion of

mobs, keep the public peace, and protect the innocent from the

unhallowed ravages of lawless banditti that escape justice on the

western frontier; and also to preserve the power and dignity of the

Union.

Section 3. And be it further ordained that the officers of the

United States army are hereby required to obey the requisitions of

this ordinance.

Section 4. And be it further ordained that, for all services

rendered in quelling mobs and preserving the public peace the said

Nauvoo {132} Legion shall be under the same regulations, rules, and

laws of pay as the troops of the United States.

City of Nauvoo, Illinois, December 21st, 1843.

Hyrum Smith, Benjamin Warrington,

John Taylor, Daniel Spencer,

Orson Pratt, Brigham Young,

W. W. Phelps, Orson Hyde,

Heber C. Kimball,

Councilors;

Orson Spencer,

Daniel H. Wells,

Samuel Bennett,

Geo. A. Smith,

Geo. W. Harris,

Aldermen;

Joseph Smith, Mayor;

Willard Richards, Recorder;

John P. Greene, Marshal. [1]

Two letters came into the post-office from the sheriff of Clark County,

Missouri. From them it appears that that State wishes to continue the

old game of seizing witnesses and making prisoners of them, to cover up

her mobocracy and kidnapping under a legal form. The following answer

was written:--

_Letter: W. W. Phelps to J. White, Esq., Anent Avery Affair_.

CITY OF NAUVOO, ILL., Dec. 21, 1843.

SIR,--Two letters were put into my hands this morning relative

to the witnesses of Mr. Avery's innocence as to being accessory

to horse stealing some four years since. In the first place, Mr.

Avery was abducted from this State without process, contrary to

law. In the second place, the principal for felony by the law of

Missouri should be indicted within three years, &c. Again, the

revised statutes of Missouri have a wise provision in such cases

as Mr. Avery's. If Mr. Avery, therefore, will sue out a commission

according to the law concerning {133} depositions, (R. S., page 219

to 222,) directed to Alderman Geo. W. Harris, an acting justice

of the peace for the city of Nauvoo, and county of Hancock, the

necessary testimony to establish Mr. Avery's innocence will be

taken according to law, and forwarded to the proper officer in due

time.

Respectfully, &c..

W. W. PHELPS.

J. WHITE, ESQ., Dep. Sheriff,

Clark Co., Waterloo, Mo.

P.S. You will have the politeness to show this to Mr. Avery.

In the evening I was visited by several strangers, and had considerable

conversation with them.

_Friday, 22.--_At home at nine o'clock, a.m., reading a magazine to my

children.

[Sidenote: Attitude of Prophet on Mobocracy and Politics.]

A little after twelve went into the store-room occupied by Butler

and Lewis, and commenced a conversation with Dr. John F. Charles, to

convince him that mobocracy is not justifiable, and that I did not deal

in politics.

David Holman, living about two miles from Ramus, went out in the

evening with his family visiting. About ten o'clock he discovered his

house on fire. The neighbors had inquired how long he would be gone.

A man rode to Carthage. A company went up, secured the provisions to

themselves, and fired the house.

Warm and pleasant weather.

_Saturday, 23.--_At home, counseling the brethren who called on me, and

attending to my domestic duties, making preparations for a Christmas

dinner party.

Prayer meeting in the Assembly Room.

_Sunday, 24.--_At home. Received a visit from Mr. Richardson, one of

the men who assisted in kidnapping Avery. He manifested some repentance

and sorrow for his part in that transaction, and promised to use what

influence he had with the Missourians to have Avery set at liberty.

[Sidenote: A Christmas Serenade.]

{134} _Monday, 25.--_This morning, about one o'clock, I was aroused by

an English sister, Lettice Rushton, widow of Richard Rushton, Senior,

(who, ten years ago, lost her sight,) accompanied by three of her sons,

with their wives, and her two daughters, with their husbands, and

several of her neighbors, singing, "Mortals, awake! with angels join,"

&c., which caused a thrill of pleasure to run through my soul. All of

my family and boarders arose to hear the serenade, and I felt to thank

my Heavenly Father for their visit, and blessed them in the name of the

Lord. They also visited my brother Hyrum, who was awakened from his

sleep. He arose and went out of doors. He shook hands with and blessed

each one of them in the name of the Lord, and said that he thought

at first that a cohort of angels had come to visit him, it was such

heavenly music to him.

At home all day. About noon, gave counsel to some brethren who called

on me from Morley Settlement, and told them to keep law on their side,

and they would come out well enough.

At two o'clock, about fifty couples sat down at my table to dine. While

I was eating, my scribe called, requesting me to solemnize the marriage

of his brother, Dr. Levi Richards, and Sara Griffiths; but as I could

not leave, I referred him to President Brigham Young, who married them.

[Sidenote: Rockwell's Return to Nauvoo.]

A large party supped at my house, and spent the evening in music,

dancing, &c., in a most cheerful and friendly manner. During the

festivities, a man with his hair long and falling over his shoulders,

and apparently drunk, came in and acted like a Missourian. I requested

the captain of the police to put him out of doors. A scuffle ensued,

and I had an opportunity to look him full in the face, when, to my

great surprise and joy untold, I discovered it was my long-tried,

warm, but cruelly persecuted friend, Orrin {135} Porter Rockwell, just

arrived from nearly a year's imprisonment, without conviction, in

Missouri.

The following is his statement of his experience and sufferings by that

people:--

_Rockwell's Experience in Missouri_.

I, Orrin Porter Rockwell, was on my way from New Jersey to Nauvoo;

and while at St. Louis, on the 4th March, 1843, was arrested

by a Mr. Fox, on oath of Elias Parker, who swore I was the O.

P. Rockwell advertised in the papers as having attempted to

assassinate Lilburn W. Boggs, and was taken before a magistrate in

St. Louis.

I was then put into the St. Louis county jail, and kept two days

with a pair of iron hobbles on my ankles. About midnight, was taken

into the stage coach in charge of Fox, and started for Jefferson

City. There were nine passengers, two of them women. I sat on the

middle seat. One of the men behind me commenced gouging me in the

back. I spoke to him, and told him that it was dark, and I could

not see him, but that he was no gentleman. One of the ladies

whispered to him, and he ceased the operation.

The next night, the driver, being drunk, ran against a tree, and

broke the king bolt; and not knowing what to do, ironed as I was,

I crawled into the boot, and found an extra bolt, and in the dark

fixed the coach, got it off the tree, and we started on. Soon

after, ran against a bank, and could not move. I was asleep at the

time, but the bustle awake me, when I told them, if they would

take off my irons, I would get off and drive, as the driver was

too drunk to manage the horses. They refused. I, however, got hold

of the lines, and, by the help of other passengers lifting at the

wheels, got it righted, and I drove to the next stand, near the

Osage river. The roads were very bad, and the load heavy; so we got

along slowly.

There was an officer of the U. S. army in the coach. We were two

days and two nights from St. Louis in reaching Jefferson City,

where I was lodged in the jail two days and two nights. The U. S.

officer went on.

Started on for Independence, still in charge of Fox. At Boonville,

overtook the U.S. officer. We three were all that were in the coach

all the way from Boonville to Independence. Sheriff Reynolds told

me afterwards that when he looked into the stage he took me for the

guard, and the officer for the prisoner, for he looked like the

guilty one.

Was about four days going to Independence: arrived there just at

night. A large crowd gathered around, making many remarks. Some

{136} were for hanging me at once. I was then placed in the jail.

In two or three days, underwent a sham trial before a justice of

the peace. The courthouse was crowded, and the men were armed with

hickory clubs. They set on boys from ten to twelve years of age to

kick and punch me, which they did repeatedly. While in court, Fox

was the main witness introduced, and he swore falsely.

Fox swore that I had stated to him that I had not been in the

county for five years. I informed the court that Fox swore falsely,

in proof thereof that the people of Independence knew that I had

traveled through Independence several times during that time, for

the people were all well aware of my having visited this place,

which fact alone should satisfy them that Fox was swearing for

money, which I afterwards learned that he obtained and divided with

Parker.

The magistrate committed me to prison for my safe preservation,

as he was afraid the people would kill me; but he could find no

crime against me. This I was told by the officer who conveyed me to

prison.

I was re-committed to jail, still wearing the iron hobbles, and

was kept in the upper part in the day-time, and in the dungeon at

night, with a little dirty straw for a bed, without any bedding, no

fire, and very cold weather. For eighteen days I was not free from

shaking with cold. I then got permission to buy 1 1/2 bushels of

charcoal, which I put into an old kettle, and kept a little fire.

When that was gone, I could not obtain any more.

After I was arrested at St. Louis, I was visited by Joseph Wood, an

apostate "Mormon," who professed to be a lawyer. He was accompanied

by Mr. Blanerhasset, who told me that everything I had would be

taken from me, and proposed to take charge, keep, and return to

me any property I might have with me. I let him have a pair of

pistols, a bowie knife, and watch, which he never returned to me.

After the weather got a little warmer, they furnished me with a few

old newspapers to read. A family lived at the corner of the jail.

The women once in a while used to send out a little negro girl

with a small basket of victuals. She handed up to the grate a big

Missouri whip-stock, with a piece of twine, which I tied to the

pole and drew up the basket, and let it down again.

I made a pin-hook and tied to the twine, and baited with a chunk of

corn-dodger hard enough to knock a negro down with, and stuck it

out of the grated window and fished for pukes. When passers-by came

along, they would stop and gawk at me awhile, and pass on.

A preacher who had a family of girls lived on the opposite side of

the street. The girls would watch and laugh at them, and call out

and ask me if I got any bites. I replied, No, but some glorious

nibbles.

{137} Numbers were put into the jail with me at different

times, and taken out again. One of them, who was charged with a

fraudulent issue of U. S. Treasury notes, was allowed to have his

saddle-bags with him They contained some fire-steels, gun-flints,

and articles of Indian trade. I sawed the irons nearly off with

one of the fire-steels. He got the negro girl to get him a knife,

and I finished cutting the fetters with it. He would frequently

call for a good supper and pay for it, which was allowed him, but

not allowed me. He was very anxious to escape, and urged me to

undertake it with him. He ordered a good supper, and he ate very

heartily. I would not eat, telling him that he could not run if he

ate so much. Nearly dusk, as the jailer came in to get the dishes,

we sprang to the door, and I locked him in, and threw the key into

the garden. In coming down stairs, we met the jailer's wife. I told

her that her husband was unharmed; I had only locked him up. We had

a board fence to climb over, which was about twelve feet high. I

climbed it and ran about twenty rods, when he called me to come and

help him over, which I did. If I had not, I should have escaped.

The pure air had so great an effect upon me, that I gave out and

slacked my pace, The populace of the place came up, and I told them

to run; they would soon catch him; and that I had given out and

could not run. They soon returned with him. I fell into the crowd

and walked back to the jail yard.

Sheriff J. H. Reynolds laid his hand upon my shoulder, he being the

first to approach me. Asked where the key was. I told him, In the

garden.

Smallwood Nowlin was the first who proposed to hang me on the spot,

when Reynolds gave me a push towards the crowd, and said, "There he

is, G--d--n him! Do what you damn please with him." Nowlin's son

in-law (by marrying one of his mulatto wenches), a Mexican, stepped

up to me to lay hold of me, when I told him to stand off, or I

would mash his face. He stepped back.

I then walked up stairs into the jail. Was followed by Reynolds and

others, until the room and stairs were full. Reynolds asked me what

I had cut my irons off with. I went to the saddle-bags and handed

him the knife and fire-steel. While feeling for them, I got hold of

a piece of buckskin that had some three or four pounds of bullets

tied up in it which I intended to use in mashing in the head of any

one that should attempt to put a rope on my neck. A rope was passed

along over the heads of the people into the room to a bald-headed

man. About this time pistols could be heard cocking in every part

of the room, and bowie-knives were produced as if for fight. In a

few minutes the room was clear of all but three or four persons.

{138} I was then put into the dungeon, my feet ironed together,

my right hand to my left foot, so close that I could not half

straighten myself. The irons, when put on my wrists, were so small

that they would hardly go on, and swelled them; but in eighteen

days I could slip them up and turn them around my arm at the elbow.

I was fed on cold corndodger and meat of the poorest description;

and if I did not eat it all up, it was returned the next time.

About a month after the court sat, my irons were taken off, and I

was so weak that I had to be led to the court-room by the officer.

I was notified that a bill was found against me for breaking jail,

and that the grand jury had failed to find a bill against me on the

charge of shooting Boggs, as charged in the advertisement offering

a reward for my apprehension.

I was taken into court, and was asked by the judge if I had any

counsel. I told him I had not. He asked if I had any means to

employ a counsel. I answered that I had none with me that I could

control. He then said, Here are a number of counselors: if I was

acquainted with any of them, I could take my choice. I told him I

would make choice of Mr. Doniphan, who arose and made a speech,

saying he was crowded with business, but that here are plenty of

young lawyers who could plead for me as well as he could. The

judge heard his plea, and then told me he did not consider that a

sufficient excuse, and I could consider Mr. Doniphan my counsel.

I was then ordered back to jail, and ironed again in the same way.

Mr. Doniphan asked for and obtained a change of venue to Clay

County, which is in another district.

When the officers came to Independence jail for me, they requested

me to get ready in a hurry, as they feared the mob would kill me. I

told them I wanted to put on a clean shirt, if it cost me my life,

as I had not been permitted to enjoy the luxury of a change of

linen since I had boarded at the expense of Jackson County. While I

was changing my shirt, the officers several times told me to hurry,

or the mob would be on me and kill me.

When I got ready to start, the officers furnished me a very

hard-trotting horse, with a miserable poor saddle, tied my feet

under the horse with ropes, and my hands behind my back, and

started off at a good round trot, in charge of two officers. In a

short time a strange gentleman fell into our company, who was also

on horseback. It was six miles to the ferry, where we could cross

the Missouri river. When we got there, we saw the boat land on

the opposite side, when several men got off the boat, and took a

course to the woods, through which the road ran. The boat returned.

This stranger asked--"Where are {139} those men going?" and was

answered--"They are going to the woods to hew timber."

We then crossed, and took our way for Liberty. When we left the

boat, we saw no signs of people, nor heard any sound of axes.

After traveling some two or three miles, the woods became dense

and brushy: we heard the crackling of brush, and the noise of

men traveling through it. The officers and stranger appeared

frightened, and urged speed, keeping close watch. We came to an

opening in the woods, when the noise of crackling of brush ceased.

We traveled safely to Liberty, where this stranger told his friends

that he overheard several men in Independence planning to waylay

me in the thick timber on the Missouri bottom, at the place where

we heard the noises; but his being in company counteracted their

plot. I was then lodged in Liberty jail. In a few days afterwards

I learned that the men who went into the brush told it, that they

went into the woods according to agreement to waylay me; but when

they saw this stranger, it frustrated their plans.

In about ten days, on pretext of informality in the papers, I was

remanded back to Independence jail. It was rumored that I was again

going to be waylaid, when the two officers from Clay county took me

by a different road, and so I escaped the second time.

When I was put in Independence jail, I was again ironed hand and

foot, and put in the dungeon, in which condition I remained about

two months. During this time, Joseph H. Reynolds, the sheriff,

told me he was going to arrest Joseph Smith, and they had received

letters from Nauvoo which satisfied them that Joseph Smith had

unlimited confidence in me, that I was capable of toting him in a

carriage or on horseback anywhere that I pleased; and if I would

only tote him out by riding or any other way, so that they could

apprehend him, I might please myself whether I stayed in Illinois

or came back to Missouri; they would protect me, and any pile

that I would name the citizens of Jackson county would donate,

club together, and raise, and that I should never suffer for want

afterwards: "you only deliver Joe Smith into our hands, and name

your pile." I replied--"I will see you all damned first, and then I

won't."

About the time that Joseph was arrested by Reynolds at Dixon, I

knew that they were after him, and [yet had] no means under heaven

of giving him any information. My anxiety became so intense upon

the subject, knowing their determination to kill him, that my flesh

twitched on my bones. I could not help it; twitch it would. While

undergoing this sensation, I heard a dove alight on the window in

the upper room of the jail, and commence cooing, and then went

off. In a short time, he came back to the window, where a pane was

broken: he crept through between the bars of iron, which were about

two and-a-half inches apart. {140} I saw it fly round the trap-door

several times: it did not alight, but continued cooing until it

crept through the bars again, and flew out through the broken

window.

I relate this, as it was the only occurrence of the kind that

happened during my long and weary imprisonment; but it proved a

comfort to me: the twitching of my flesh ceased, and I was fully

satisfied from that moment that they would not get Joseph into

Missouri, and that I should regain my freedom. From the best

estimates that can be made, this incident occurred about the time

when Joseph was in the custody of Reynolds.

In a few days afterwards, Sheriff Reynolds came into the jail and

told me that he had made a failure in the arrest of Joseph.

After the lawyers had been about two months making out fresh

papers, I was again conveyed to Liberty jail on a miserable horse,

with feet and hands tied as before, but [by] a different road.

In a few days afterwards, my mother found where I was, and she came

to see me and brought me $100, whereby I was enabled to fee Mr.

Doniphan for his services as counsel.

The time of trial being continually delayed, I began to be uneasy.

I was handcuffed in the dungeon, which is the basement story of the

prison, and is about nine feet high. I took down the stove-pipe,

pushed my clothes up through the stove-pipe hole, and then crawled

through the hole in the floor, which was made of logs about

fourteen inches thick, into the upper room. The hole was so small

that it scratched my flesh, and made me bleed from many wounds. I

then examined the inside door, and with the bail of the water pail

I unbolted it; but finding I could not get through the outside

door, I returned to my dungeon through the same narrow pass.

The following night I made another attempt through the same way;

but, failing to get through the outside door, I lay down on the

upper floor, where the boys who were bringing my food next morning

found me. They made an alarm, when five or six men came and again

conveyed me down into the dungeon. It caused quite an excitement.

My mother, learning that Mr. Doniphan had returned home, went to

him, and prevailed on him to come and speak to me at the dungeon

grate. While he was talking to me, a little boy, the son of a poor

widow, about five or six years old, who had previously been to

see me, finding I had no fire, had run home and brought some fire

and chips to the grate. Mr. Doniphan said--"You little devil you,

what are you doing here with this fire?" He replied, "I am going

to give it to Mr. Rockwell, so that he can warm him." Doniphan

then said--"You little devil you, take this fire and leave;" when

the little urchin replied {141} (looking him in the face)--"Mr.

Doniphan, you go to hell: I am going to give Mr. Rockwell this

fire, so that he can warm him;" and he pushed it through the grate,

gave me the chips, and continued to supply my daily wants of chips

and fire while I continued in the dungeon.

From Mr. Doniphan I learned that a special term of court was

called, and my trial would come on in about fifteen days. The night

following this visit, some men came to the grates of my dungeon,

and asked if I wanted to get out. I told them, No, as I had been

informed that day that I should have a trial in a fortnight. They

replied--"Honor bright: if you wish to get out, we'll let you out

in a few minutes." I replied that I would rather remain, as my

trial would come on so soon. Next morning one of the men came, put

some money in the cleft of a stick, and put it through the hole to

me. He refused to tell his name; but I knew by his voice that he

was one of the men who came to me in the night.

The trial came on according to my last notification. I was tried

for breaking Independence jail; and although the law of Missouri

reads that, in order to break jail, a man must break a lock, a

door, or a wall, still Judge King ruled that it was breaking jail

to walk out when the door is open; and under this ruling the jury

brought in a verdict of "five minutes' imprisonment in the county

jail;" but I was kept there four or five hours, during which time

several attempts were made to get up some other charge against me.

About 8 p.m. on December 13th, General Doniphan took me out and

told me I must take across the country on foot, and not walk on any

traveled road, unless it was during the night, as they would be apt

to follow and again take me, as they did not care on what grounds,

so they could make me trouble.

I accordingly started, accompanied by my mother, and went to the

house of a widow, where I obtained my first supper in freedom for

more than nine months. We then traveled two miles and obtained $4.

I then took through the woods to the road, where I heard two men

riding on horseback. I hid behind a shady tree, and overheard one

of them say, "He has not been gone many minutes: we shall soon

overtake him."

I went round the houses and traveled in the fields by the side of

the road. The moon was in its first quarter, and I traveled during

the night about twenty-five miles. I carried a little food with me,

and next day traveled on the road, and walked past Crooked River to

a Mr. Taylor's, with all the skin off my feet.

A neighbor offered to take me in for the night, if I would go back

{142} two miles. I did so, found his wife very cross with her

husband, who said, "Stranger, you see my wife is very cross. I have

got some whisky; let's drink: my wife will soon have something to

eat." When supper was eaten, she became good tempered. I stayed in

peace through the night. Next morning I ate breakfast with them,

and gave them fifty cents, when the man brought out a horse, and

sent a little boy with me fourteen miles, which was a very great

relief to my weary feet.

The next night I stopped near where the Haun's Mill massacre took

place.

The third day I walked till noon, and then hired a man to carry

me the remainder of the day for seventy-five cents. Stayed at a

house where I was well acquainted; but the people did not recognize

me, and I did not make myself known. Paid fifty cents for supper,

lodging, breakfast, and being sent twelve miles on horseback the

next morning.

I then continued my journey about thirty miles, where I rested

three days to recruit my feet. I was then carried twenty-five miles

on horseback, and walked the same day twenty-five miles. The day

following I walked forty miles, and then waited another day and

engaged a man to carry me to Montrose, to which place I was three

days in going. I immediately crossed the river to Nauvoo in a small

boat, and came straight to the Mansion.

[Sidenote: Release of Daniel Avery.]

Daniel Avery was liberated from his imprisonment in Missouri by

_habeas corpus._ This was, no doubt, on account of our vigilance in

communicating with the Governor, and endeavoring to prosecute the

kidnappers, and continually making public the conduct of Missouri.

Warm day; rain in the evening.

A PLAN FOR WOMEN'S SUBSCRIPTIONS TO THE TEMPLE.

_(From the Millennial Star.)_

We have much pleasure in publishing and recommending the following

plan to be adopted amongst the sisters of the Church of Jesus

Christ of Latter-day Saints in England. We believe that the

completion of the Temple is as near the hearts of the sisters as

to the hearts of the brethren, and that the following proposed

[plan] will be responded to on the part of the English sisters in a

manner that shall reflect honor upon themselves, and be materially

instrumental in forwarding the great work.

{143} NAUVOO, Dec. 25, 1843.

_To the Sisters of the Church of Jesus Christ in England,

Greeting_:--

DEAR SISTERS:--This is to inform you that we have here entered into

a small weekly subscription for the benefit of the Temple funds.

One thousand have already joined it, while many more are expected,

by which we trust to help forward the great work very much. The

amount is only one cent or a halfpenny per week.

As Brother Amos Fielding is waiting for this, I cannot enlarge

more than to say that myself and Sister Thompson are engaged in

collecting the same.

We remain,

Your affectionate sisters in Christ,

MARY SMITH,

M. R. THOMPSON.

NAUVOO, Dec. 25, 1843.

The ladies' subscription for the Temple, of one cent per week, is

fully sanctioned by the First Presidency.

HYRUM SMITH.

We feel much to encourage this plan, and trust that the sisters in

England will manifest that they will not be behind the sisters in

Nauvoo in this laudable work. One thing in connection with this

work we would mention, and request that it be attended to with the

strictest accuracy; that is, that the name of each individual be

recorded, and the amount which they subscribe, in order that such

names may be transmitted to Nauvoo, where they will have to be

entered in the books of the Lord's House. The sisters or others who

may collect the subscriptions will please to be very particular on

this point.

[Sidenote: Prophet's Joy at the Return of Rockwell and Avery.]

_Tuesday, 26.--_At home. I rejoiced that Rockwell had returned from

the clutches of Missouri, and that God had delivered him out of their

hands. Brother Daniel Avery also arrived about dusk this evening; and

the Missourians have no longer the pleasure of exulting over any Mormon

victims for the present; but their blood-thirstiness will not long be

satisfied unless they seek out another victim on whom to glut their

malice and vengeance.

_Wednesday, 27:--_Cold: a little ice in the river, which has been clear

for some time past.

{144} I received letters from General Lewis Cass, of Michigan, and Hon.

John C. Calhoun, of South Carolina, in answer to mine of Nov. 4.

Mr. Keith gave a lecture and concert of music in the assembly room this

evening.

MR. ROCKWELL.

_(Editorial from the Neighbor.)_

The name of this individual is, no doubt, familiar to most of our

readers. He has obtained some celebrity in the world also, not for

his reputed virtue, but for his supposed crimes.

It will be recollected that he is the person who was basely and

falsely implicated, along with Joseph Smith, as the reputed [would

be] murderer of ex-Governor Boggs, while Mr. Smith was charged with

being accessory before the fact. A vexatious lawsuit was instituted

against Joseph Smith, wherein he was charged with the above-named

crime; and finally, after many attempts of the governor of Missouri

to get him into his power, was acquitted by the United States Court

for the district of Illinois,

Stories of murder and blood were circulated from Maine to Missouri;

they were iterated and reiterated by the newspapers of the whole

Union, and painted in the most glowing colors that human ingenuity

could invent. Mr. Rockwell was branded as a murderer, and Joseph

Smith as accessory before the fact, without any other evidence

than a story fabricated by some of our generous politicians,

engendered in falsehood by hearts as dark as Erebus for religious

and political effect.

This demagoguery and political corruption has caused an innocent

man to be immolated in a Missouri dungeon for upwards of eight

months, without the slightest evidence of his guilt, or even the

most remote evidence of crime leading to his committal. He was

taken without process, and committed to jail upon mere supposition,

and finally acquitted without any shadow of proof having been

adduced from beginning to end. This is the way that Missouri treats

free-born American citizens, and they can obtain no redress.

Mr. Rockwell arrived here on Monday night, and has given us some

of the details of his history since he was first taken in Missouri

to the present time; and we can assure our readers that it will "a

tale unfold" relative to that state, which even many of those who

have been driven therefrom will find it difficult to believe that

there did exist such monsters in human shape.

_Thursday, 28.--_At home. Elder Orson Hyde returned {145} from Adams

county, having obtained quite a number of signatures to the Memorial to

Congress, and made an affidavit of what he learned in Warsaw concerning

the mob.

_Affidavit of Orson Hyde--Disclosing Plan to Drive the Saints_.

STATE OF ILLINOIS,

CITY OF NAUVOO. ss.

On the 28th day of December, 1843, came Orson Hyde before me,

Joseph Smith, mayor of said city; and after being duly sworn,

deposeth and saith that on the 26th instant, as he was passing from

Lima to Nauvoo, through that part of Hancock county where Colonel

Levi Williams resides, he was credibly informed that on Saturday

previous the anti-Mormons held a meeting, drew up an article, and

passed several resolutions, among which were these:--"We will

revere and hold sacred and inviolate the Constitution of the United

States, and also the Constitution of this State. We will visit the

Mormons residing in our vicinity and require them to give up their

guns; and such as do it shall dwell here in peace; but those who

will not do it may have thirteen days to leave in; and if they

are not off in that time, we will drive them." The above is the

substance, but perhaps not the very words. They also swear that the

Mormons shall never raise another crop in that region, &c.; &c.,

and further this deponent saith not.

ORSON HYDE.

Subscribed and sworn to before me this 28th of December, 1843.

W. W. PHELPS, Clerk, M. C.

Daniel Avery having made affidavit of the cruel treatment he had

recently received at the hands of Missourians, I here insert it:--

_Affidavit of Daniel Avery--His Treatment in Missouri_.

STATE OF ILLINOIS,

CITY OF NAUVOO. ss.

On the 28th day of December, 1843, came Daniel Avery before me,

Joseph Smith, mayor of the city aforesaid, and after being duly

sworn, deposeth and saith that on the second day of December,

1843, he was unlawfully arrested by force and arms, and kidnapped

at Doty's Mill in Bear Creek precinct, Hancock county, and State

aforesaid, by Colonel Levi Williams, his son John Williams, of

Hancock county; John Elliott, a schoolmaster, from four-and-a-half

miles below Warsaw; William Middleton and Joseph McCoy, of Clark

county, Missouri, and four {146} others. Colonel Williams held

his bowie-knife to his breast. Six of the others stood with their

pistols cocked and their fingers upon the triggers, muzzles

presented at his body, ready to fire; and two stood with clubs, and

amidst the most horrid oaths and imprecations, took and bound with

silk handkerchiefs your said affiant, and led him away between two

men, one holding a savage bowie-knife on one side, and the other

a cocked pistol on the other side, (having taken away your said

affiant's weapons while binding him in the mill,) and led your

affiant about a mile. Your affiant refused to walk any further, and

they put him upon a horse, and tied his legs under the horse; and

John Elliott, the aforesaid schoolmaster, led the horse as fast as

he could make his way, through a thicket and by-way to the house of

the aforesaid Colonel Williams. Here the kidnappers ate and drank;

and after they had unbound me, (for they had bound me so tight that

I was in great pain,) I was also suffered to partake.

They then put me upon the horse again, and bound me, and started

for the river, the said schoolmaster Elliott leading the horse.

When we came near a schoolhouse where there was a meeting, they

came to a halt, sent messengers to the meeting, and in the course

of half an hour they returned with an armed mob, with rifles and

other weapons, sufficient to make the whole company number about

twenty. Being all on horseback, they formed a circle, with your

affiant in the center, who up to that time had acquainted every

man he saw that _they were kidnapping him_, and marched in that

order to a house on a point below Warsaw; and as I was very cold

from being bound, they took me into the house to warm. I now called

for a trial, as I had told them all the way that I never resisted

legal authority. They said they were hunting a magistrate. Said

I, "I understand you; you mean to force me into Missouri." McCoy

returned, and said, "We are ready." It was about midnight. We went

about three hundred yards up the river to a skiff. I refused to

cross as they had promised me a trial. They forced me into a skiff

and bound me, and five men put me across. Their names, so far as

I could ascertain, are William Middleton, William Clark, Joseph

McCoy, John Elliott, and Charles Coolidge. They landed at the

tavern on the south side of the Des Moines, and took me into a back

room, threw down a buffalo robe for my bed; but as my arms were

bound so tight that I could not rest, I complained; told Middleton

that was not the way he was used at my house. They felt at my arms

and exclaimed, "By God, they are not too tight!" I begged to have

one arm liberated, and finally they untied both, and I slept (under

guard) on the buffalo robe before the fire.

About noon they got ready and started with me, guarded upon a

horse, for McCoy's in Clark county, Missouri, about twelve miles

distant. {147} It being night when we arrived, and I unwell

through fatigue and confinement and the abuses before received, I

went to bed. They had sent runners ahead; and after I had been in

bed awhile, the sheriff came up from Waterloo, the county seat,

a distance of about two miles, to arrest me and take me before

a magistrate that night; but Middleton and McCoy objected, as I

was sick. The sheriff, however, executed his writ, and left me in

their care till morning. It being late before we breakfasted, he

came in the morning and made the second scope of his authority and

took me. He quizzed me the night before, to draw something out for

testimony; but as innocence cannot be affected by truth, he was as

wise at one end of the story as the other.

At Waterloo I was examined by a magistrate, who committed me upon

the substance of an affidavit made by my son in duress with a

bowie-knife at his breast, and upon a promise that he should be

liberated from Monticello jail, where he was confined after being

kidnapped some three or four weeks previous. My bonds were fixed at

$1000; and as I had no bail in such a strange place, I was started

for Palmyra jail, in Marion county. The deputy sheriff took me to

Musgrove, the sheriff, a distance of ten miles. Here I sued out a

writ of habeas corpus, but the judge remanded me to prison.

At Monticello my chains were taken off, and I was at liberty in the

midst of a strong guard to view the town. Here a lawyer agreed to

take me and my son through court (as the Missourians say,) for a

horse. Saw my son in the prison; said he was forced at the point of

a bowie-knife to make an affidavit against me; but he knew I was

innocent.

I tried to be left with him in jail; but no, I was compelled to go

to Palmyra, where I arrived the next evening. The sheriff thrust me

into the dungeon without waiting to eat, warm, or anything else.

The next morning the blacksmith came into the jail and ironed me

to the middle of a great chain that was fast to the floor, where I

remained in the horrid gloom of a Missouri prison two weeks.

From thence the deputy sheriff started, with me chained upon the

horse in this wise. He then chained my right leg, and then passed

the chain up to my left hand. In this way I traveled nine miles,

when we stopped, and he changed the chain from my hand to the

horse's neck. We arrived at Monticello, and I was chained all night.

The next day I was conveyed to Waterloo, and delivered into the

custody of the sheriff of Clark county. I was kept under a strong

guard by day, and at night chained to one of the guards or to the

bedpost.

{148} I was informed that Middleton and McCoy procured an

indictment against me, by giving bonds to the amount of some two

or three hundred dollars, that they would hunt up testimony to

the point for next court, there being nothing against me but the

affidavit of my son before alluded to; and so the grand jury found

a bill.

Ellison, my lawyer, deceived me, and put over my case for six

months, because, as I suppose, I, being kidnapped, had no fees for

him. I objected to having my trial put off for six months. I did

not fancy the dungeon of Palmyra prison. The court concluded to

let me to bail under bonds of $1000, but this I could not obtain.

Subsequently it was reduced to $500, but all in vain, for I was

unacquainted with the people.

This was on Saturday, and I was thus left to meditate on the

mischief that may be made out of a little matter by meddlesome men.

On Monday I sued out a writ of habeas corpus; and after a fair

hearing of the matter, I received the following order:--

STATE OF MISSOURI,

COUNTY OF CLARK. ss.

December, 25, 1843.

Ordered by the Clark County Court that Samuel Musgrove, sheriff

of Clark county, discharge Daniel Avery from imprisonment, on an

indictment found against him for the alleged crime of stealing a

mare of Joseph McCoy.

By order of Court.

[Sidenote: [L. S.]]

Witness--Willis Curd, Clerk of said court, and seal of office this

25th of December, 1843.

Done at office in Waterloo, date above.

WILLIS CURD, Clerk.

HONS. JOHN W. DEWELLIN,

HENRY SNIVELY, Judges.

Very early on Tuesday morning your affiant started for Nauvoo and

arrived the same evening about sundown, a distance of nearly twenty

miles so crippled from the iron bondage and hard usage of Missouri,

that he is hardly able to walk. To those who assisted your said

affiant to obtain his release from bondage, he tenders his grateful

acknowledgements; and further your affiant saith not.

Subscribed and sworn to before me, this 28th day of December, 1843.

DANIEL AVERY.

W. W. PHELPS, Clerk, M. C.

[Sidenote: Joseph H. Jackson--Prophet's Interview with.]

{149} _Friday, 29.--_At home. In the forenoon, W. W. Phelps called and

gave us a lesson on eloquence, and read my Appeal to the Green Mountain

Boys, and also a New Year's hymn without rhyme. Three p.m., I related

to Dr. Bernhisel and Joseph H. Jackson [2] my commencement in receiving

revelations. Mr. Jackson said he was almost persuaded to be one with

me. I replied, I would that he were not only almost, but altogether.

At four p.m., I met with the City Council.

[Sidenote: Police Force of Nauvoo Increased.]

Having selected forty men to act as city policemen, they met with the

Council, and were sworn into office to support the Constitution of the

United States and the State of Illinois, and obey the ordinances of

this city and the instructions of the Mayor, according to the best of

their ability.

Names of police called by Captain Jonathan Dunham:

Jonathan Dunham, High Policeman, Charles C. Rich, 1st Lieutenant,

Hosea Stout, 2nd Lieutenant, Shadrack Roundy, 3rd Lieut., John Pack,

Ensign, Jesse P. Harmon, Orderly Sergt., John D. Lee, 2nd Sergeant,

Daniel Carn, 3rd Sergeant, Josiah Arnold, 4th Sergeant, James Emmett,

1st Corporal, Alexander Mills, 2nd Corporal, Steven H. Goddard, 3rd

Corporal, William Pace, 4th Corporal, Abraham C. Hodge, Pioneer, Levi

W. Hancock, Fifer, Daniel M. Repsher, Fifer, Richard D. Sprague,

Drummer, Samuel Billings, Drummer, {150} Abraham O. Smoot, Dwight

Harding, John Lytle, Simeon A. Dunn, Andrew Lytle, Appleton M. Harmon,

Howard Egan, James Pace, Benjamin Boyce, Francis M. Edwards, Lorenzo

Clark, William H. Edwards, Davies McOlney, Moses M. Sanders, Abram

Palmer, Warren A. Smith, Isaac C. Haight, George W. Clyde, John L.

Butler, Vernon H. Bruce, Elbridge Tufts, Armsted Moffet, Truman R.

Barlow, Azra Adams.

The Mayor said--

_Address of the Mayor to the Nauvoo Police_.

It is expected that a part will be on duty while others rest. It

might be expected that thieves had crept into the Church for the

purpose of concealing their wickedness under the garb of sanctity.

It is an abominable thing to set a thief to catch a thief; and I

would look with the utmost contempt upon men who do this as guilty

of a mean or cowardly act.

Some city councils have taken thieves out of their prisons, and

employed them as policemen, under the old and foolish adage--"Set a

rogue to catch a rogue," which is decidedly wrong, and is corrupt

in policy.

You will act under the direction of Jonathan Dunham--we will call

him High Policeman. In reality he is the captain of the police: but

as men are apt to be frightened at a military title, we will use s

civil title, as these policemen are all civil officers of the city.

Captain Dunham is the man to send after a thief. He will not come

back, after following him a mile, to ask if he may shoot him, if

he resists. Some men have strange ears and changeable hearts: they

become transformed from their original purity and integrity, and

become altogether different from what they were.

If the bloodthirsty hell-hounds of Missouri continue their

persecution, we will be forbearing, until we are compelled to

strike; then do it decently and in good order, and break the yoke

effectually, so that it cannot be mended. The mob have been so

repulsed in their last attempt at kidnapping, they may stand in

fear, at least for a short time.

We will be in peace with all men, so long as they will mind their

own business and let us alone. Even "Peace with Missouri" shall

be the motto of the Church of Jesus Christ of Latter-day Saints,

from this {151} time forth, if they will stop their persecution

and oppressive warfare against us. Let them alone, for they stink

in the nostrils of the Almighty: let them alone. Porter Rockwell

has come home clear. A Missouri grand jury could not find a bill

against him even in Jackson county; and that proves me clear of the

charge of being accessory of shooting Lilburn W. Boggs. Many of our

difficulties from the State of Missouri are hurled upon us through

the influence of some of our near neighbors.

Governor Ford has boasted of being a law-abiding man. A governor

certainly should be law-abiding. It is therefore our best policy to

acquaint the Executive, by affidavits, of every violation of our

rights, so that when the onset comes, he will be obliged by law to

send the militia to our support. Let us keep cool as a cucumber on

a frosty morning. Do not be excited. Say nothing about Missouri's

oppression. "A soft answer turns away wrath but grievous words stir

up anger," therefore we "poor pussy" this generation.

Keep a strict account of the time you serve as policemen. Have

the ordinances of the city always in your possession, and study

them, sad ferret out all grogshops, gambling-houses, brothels, and

disorderly conduct; and if a transgressor resists, cuff his ears.

If anyone lifts a weapon or presents a pistol at you, take his

life, if need be, to preserve your own; but enforce the ordinances,

and preserve the peace of the city, and take care of your own

lives. Let no horses be taken away out of the city, or anything

else stolen, if you can help it.

Let Missouri alone. Keep out of her territory. Don't go over there

on any business whatever. Any of this people would be subject to

cruel abuse, if found in that State, in the same manner that Porter

Rockwell has been. He was seized in St. Louis while attending to

his lawful business, picked up and ironed, and thrown in jail

without any form of law, conveyed to Independence in the custody of

a ruffian who swore falsely in the hope of getting a reward, kept

in irons all the way, lodged in Independence jail without even the

form of an inquiry, chained double in a filthy, damp, unventilated

dungeon,--chained hand and foot, so that he could not straighten

for months, till his body was reduced to a mere skeleton, and he

unable to walk when the irons were taken off, and he had to be

led,--half fed on the refuse of what dogs would not eat: his case

presented to a Jackson county grand jury, and not evidence enough

to warrant them in even finding an indictment. After which, the

Missouri court, in the plenitude of their justice, transmitted the

innocent and unindicted man back to the dungeon, without fire,

provisions, or any other comfort,--hoping by this torture, no

doubt, to produce death, or force him to accede to an infamous

proposition, "that whether Jo Smith was guilty or innocent, only

come out against {152} him, you shall have your liberty, and

receive a liberal reward." After months have passed away, without

any shadow of law, the door is opened, and he is told to "slip off

privately, or the people will hang you." Keep out of Missouri, if

you don't want such treatment as this; for the Averys, Rockwell,

and many others have been thankful to get away with their lives.

If any man attempts to bribe you in any way whatever, or persuade

you to neglect your duty, tell the same to me. Let us have a

reformation.

There are speculators in this State who are wanting to sell

revolving pistols to us, in order to fight the Missourians, and at

the same time inciting the Missourians to fight us. Don't buy: it

would be better to buy ploughshares and raise corn with them.

My life is more in danger from some little dough-head of a fool in

this city than from all my numerous and inveterate enemies abroad.

I am exposed to far greater danger from traitors among ourselves

than from enemies without, although my life has been sought for

many years by the civil and military authorities, priests, and

people of Missouri; and if I can escape from the ungrateful

treachery of assassins, I can live as Caesar might have lived, were

it not for a right-hand Brutus. I have had pretended friends betray

me. All the enemies upon the face of the earth may roar and exert

all their power to bring about my death, but they can accomplish

nothing, unless some who are among us and enjoy our society, have

been with us in our councils, participated in our confidence, taken

us by the hand, called us brother, saluted us with a kiss, join

with our enemies, turn our virtues into faults, and, by falsehood

and deceit, stir up their wrath and indignation against us, and

bring their united vengeance upon our heads. All the hue-and-cry of

the chief priests and elders against the Savior, could not bring

down the wrath of the Jewish nation upon His head, and thereby

cause the crucifixion of the Son of God, until Judas said unto

them, "Whomsoever I shall kiss, he is the man; hold him fast."

Judas was one of the Twelve Apostles, even their treasurer, and

dipt with their Master in the dish, and through his treachery, the

crucifixion was brought about; and _we have a Judas in our midst_.

_The Mayor blesses the Police_.

It shall be said in time to come, Where are our old policemen? Let

us have one of the old policemen, to stand at our window, guard our

interest, and protect our families, and we shall be safe.

If you will magnify your office, the full confidence of Israel

shall be the blessing that shall be conferred on you in time to

come.

{153} Counselor Hyrum Smith spoke of the importance of the police

office.

The Mayor said that if any one offered a bribe to a policeman, the city

will pay that policeman twice the amount offered for the information,

when reported to the Mayor.

_Friday, 29.--_My clerk made copies of five affidavits made yesterday

by Elder Orson Hyde, Mr. Daniel Avery, and others, and sent the same to

the Governor, with the following letter:--

_Letter to Governor Ford--Accompanying Affidavits_.

NAUVOO, December 30, 1843.

SIR:--I forward to your Excellency a number of affidavits relative

to the late kidnapping of the Averys, and upon other matters.

When the mob made efforts to resist the laws, Joseph Smith, as

Mayor, gave notice to Major-General Law to hold a portion of the

Nauvoo Legion in readiness; and Aaron Johnson, Esq., called for

some troops to maintain the laws: but I am happy to say, none were

ordered to march, as it was deemed most advisable to let Colonel

Levi Williams and his mob flourish until indictments could be made

at the Circuit Court of Hancock county.

We shall continue to keep your Excellency informed upon all matters

of moment touching the premises.

_Saturday, 30.--_At nine, a.m., held Mayor's court. Two boys, Roswell

and Evander White, were brought up for stealing six hens and a rooster.

They were sentenced to pay for the fowls, and to ten days' hard labor

each on the streets.

In the afternoon, met in the assembly room with the quorum. William Law

and wife were not present. Warm and rainy.

_Sunday, 31st.--_At home.

In the afternoon, called with Elder Parley P. Pratt to see his wife.

At early candle-light, went to prayer-meeting; administered the

sacrament; after which I retired. At midnight, about fifty musicians

and singers sang Phelps' New Year's Hymn under my window.

{154} Warm and rainy. No ice to be seen.

The subjoined list shows a few of the publications for and against the

Saints during the year.

_Pro et con Mormonism, publications for the year 1843_.

The _Alton Telegraph_ published several very severe articles

against the Church.

Edward Brotherton published a scurrilous pamphlet at Manchester,

England, entitled "Mormonism--its Rise and Progress, and the

Prophet Joseph Smith."

The _Richmond Palladium_ published an amusing and favorable article

on "Mormonism."

The _Boston Bee_ published a series of articles favorable to the

Saints, which had a beneficial effect in putting down prejudice and

misrepresentation.

A favorable account of a visit to Nauvoo was published by Samuel A.

Prior, Methodist minister.

The _Morning Star,_ a Freewill Baptist paper, published a long and

bitter article against the Latter-day Saints, entitled "Mormon

Perversion."

A favorable article, entitled "Nauvoo and Mormonism," was published

by a Traveler.

The _Quincy Whig_ published several bitter articles against me.

The _Warsaw Message,_ and subsequently the _Warsaw Signal_,

published a continual tirade of abuse, misrepresentation, and lies

against the Saints.

The _New Haven_ (Con.) _Herald_ published a favorable account of

the "Mormons" in Nauvoo.

Footnotes:

1. There was also a Memorial prepared by the Prophet from the

inhabitants of Hancock county generally to the same effect as the

above, but it was never extensively signed or presented to Congress.

2. This man afterwards was discovered to be an adventurer and a most

desperate character. Gregg in his Prophet of Palmyra, Chapter XXX,

speaks of him as "an adventurer of fine appearance and gentlemanly

manners, who appeared in the county (Hancock) during the troubles; went

to Nauvoo, and became intimate with Smith and the leaders; afterwards

turned against them--went to Warsaw and issued a pamphlet--claiming to

be an expose of Mormonism and the evil purposes and practices of the

Prophet * * * He was an entire stranger to the county and its people;

no one knew whence he came or what became of him afterwards, when the

excitement was all over. Hence it is just to say, that the equivocal

position in which he stood very justly tended to lessen confidence

of the public in his statements, and his little book made slight

impression. The Mormons charged that he was an adventurer of the worst

class--himself a counterfeiter, etc., and that he quarreled with the

Prophet and the authorities because he was detected and exposed." Gregg

also says that this "Expose was much of the same character as that of

General Bennett's." (Ibid).

{155}

CHAPTER VII.

PRESIDENT SMITH'S CORRESPONDENCE WITH JOHN C. CALHOUN--CARTWRIGHT

DROWNING CASE, ENGLAND--CITY GUARDS INCREASED--FEARS OF LAW AND

MARKS--INVESTIGATION BY THE CITY COUNCIL--RESISTANCE OF OFFICERS AT

CARTHAGE--ANTI-MORMON OBJECTIONS TO CITY ORDINANCES--THE PROPHET'S

DIFFICULTIES WITH FRANCIS M. HIGBEE--REGULATIONS FOR THE SALE OF

SPIRITUOUS LIQUORS.

_Monday, January 1, 1844.--_A cold, blustering rainstorm ushered in the

new year.

At sunrise, Thomas Miller, James Leach, James Bridges, and John

Frodsham were brought before me by the police, charged with disorderly

conduct. Fined Miller $5: the others were discharged.

[Sidenote: New Year's at the Mansion.]

A large party took a new year's supper at my house, and had music and

dancing till morning. I was in my private room with my family, Elder

John Taylor and other friends.

_Tuesday 2.--_Two p.m., Hyrum Dayton was brought before Mayor's

court for disorderly conduct in resisting and abusing the police:

fined $25 and costs. His son, Lysander Dayton, for the same offense,

was sentenced to ten days' hard labor, on the public streets; and

subsequently, for contempt of court, ten days more.

Snow one inch deep.

I here insert Mr. Calhoun's answer to my letter of inquiry, dated

November 4, 1843:--

_Letter: John C. Calhoun to Joseph Smith--Defining What Former's

Policy would be Towards the Saints if Elected President_.

FORT HILL, December 2, 1843.

SIR:--You ask me what would be my rule of action relative the

Mormons {156} or Latter-day Saints, should I be elected President;

to which I answer, that if I should be elected, I would strive to

administer the government according to the Constitution and the

laws of the union; and that as they make no distinction between

citizens of different religious creeds I should make none. As far

as it depends on the Executive department, all should have the full

benefit of both, and none should be exempt from their operation.

But as you refer to the case of Missouri, candor compels me to

repeat what I said to you at Washington, that, according to my

views, the case does not come within the jurisdiction of the

Federal Government, which is one of limited and specific powers.

With respect, I am, &c., &c.,

J. C. CALHOUN.

Mr. JOSEPH SMITH.

To which I wrote the following reply:--

_Letter: Joseph Smith to John C. Calhoun--The Latter's Policy

Towards the Latter-day Saints, if Elected President of the U. S.

Considered_.

NAUVOO, ILLINOIS, January 2, 1844.

Sir:--Your reply to my letter of last November, concerning your

rule of action towards the Latter-day Saints, if elected President,

is at hand; and that you and your friends of the same opinion

relative to the matter in question may not be disappointed as to

me or my mind upon so grave a subject, permit me, as a law-abiding

man, as a well-wisher to the perpetuity of constitutional rights

and liberty, and as a friend to the free worship of Almighty God by

all, according to the dictates of every person's own conscience, to

say that_ I am surprised_ that a man or men in the highest stations

of public life should have made up such a fragile "view" of a case,

than which there is not one on the face of the globe fraught with

so much consequence to the happiness of men in this world or the

world to come.

To be sure, the first paragraph of your letter appears very

complacent and fair on a white sheet of paper. And who, that is

ambitious for greatness and power, would not have said the same

thing? Your oath binds you to support the Constitution and laws;

and as all creeds and religions are alike tolerated, they must

of course, all be justified or condemned according to merit or

demerit. But why--tell me why are all the principal men held up

for public stations _so cautiously careful_, not to publish to the

world that they will _judge a righteous judgment, law or no law?_

for laws and opinions, like the vanes of steeples, change with the

wind.

One Congress passes a law, another repeals it; and one statesman

says that the Constitution means this, and another that; and who

does {157} not know that all may be wrong? the opinion and pledge,

therefore, in the first paragraph of your reply to my question,

like the forced steam from the engine of a steam-boat, makes the

show of a bright cloud at first; but when it comes in contact with

a purer atmosphere, dissolves to common air again.

Your second paragraph leaves you naked before yourself, like a

likeness in a mirror, when you say, that according to your _view,_

the Federal Government is "one of limited and specific powers," and

has no jurisdiction in the case of the "Mormons." So then a State

can at any time expel any portion of her citizens with impunity:

and, in the language of Mr. Van Buren, frosted over with your

gracious _"views of the case,"_ though the cause is ever so just,

Government can do nothing for them, because it has no power.

Go on, then, Missouri, after another set of inhabitants (as the

Latter-day Saints did,) have entered some two or three hundred

thousand dollars' worth of land, and made extensive improvements

thereon; go on, then, I say; banish the occupants or owners, or

kill them, as the mobbers did many of the Latter-day Saints, and

take their land and property as spoil; and let the Legislature,

as in the case of the "Mormons," appropriate a couple of hundred

thousand dollars to pay the mob for doing that job; for the

renowned Senator from South Carolina, Mr. J. C. Calhoun, says the

powers of the Federal Government are so _specific and limited that

it has no jurisdiction of the case!_ O ye people who groan under

the oppression of tyrants!--ye exiled Poles, who have felt the iron

hand of Russian grasp!--ye poor and unfortunate among all nations!

come to the asylum of the oppressed; buy ye lands of the General

Government; pay in your money to the treasury to strengthen the

army and the navy; worship God according to the dictates of your

own consciences; pay in your taxes to support the great heads of a

glorious nation: but remember a _"sovereign State"_ is so much more

powerful than the United States, the parent Government, that it

can exile you at pleasure, mob you with impunity, confiscate your

lands and property, have the Legislature sanction it,--yea, even

murder you as an edict of an emperor, _and it does no wrong;_ for

the noble Senator of South Carolina says the power of the federal

Government is _so limited and specific, that it has no jurisdiction

of the case!_ What think ye of _imperium in imperio_?

Ye spirits of the blessed of all ages, hark! Ye shades of departed

statesmen, listen! Abraham, Moses, Homer, Socrates, Solon, Solomon,

and all that ever thought of right and wrong, look down from

your exaltations if you have any; for it is said, "In the midst

of counselors there _is safety_;" and when you have learned that

fifteen thousand innocent citizens, after having purchased their

lands of the United States {158} and paid for them, were expelled

from a "sovereign State," by order of the Governor, at the point

of the bayonet, their arms taken from them by the same authority,

and their right of migration into said State denied, under pain

of imprisonment, whipping, robbing, mobbing, and even death, and

no justice or recompense allowed; and, from the Legislature with

the Governor at the head, down to the Justice of the Peace, with a

bottle of whisky in one hand and a bowie-knife in the other, hear

them all declare that there is no justice for a "Mormon" in that

State; and judge ye a righteous judgment, and tell me when the

virtue of the States was stolen, where the honor of the General

Government lies hid, and what clothes a senator with wisdom. O

nullifying Carolina! O little tempestuous Rhode Island! Would it

not be well for the great men of the nation to read the fable

of the _partial judge;_ and when part of the free citizens of a

State had been expelled contrary to the Constitution, mobbed,

robbed, plundered, and many murdered, instead of searching into the

course taken with Joanna Southcott, Ann Lee, the French Prophets,

the Quakers of New England, and rebellious negroes in the slave

Slates, to hear both sides and then judge, rather than have the

mortification to say, "Oh, it is _my_ bull that has killed _your_

ox! That alters the case! I must inquire into it; _and if, and

if_--!"

If the General Government has no power to reinstate expelled

citizens to their rights, there is a monstrous hypocrite fed

and fostered from the hard earnings of the people! A real "bull

beggar" upheld by sycophants. And although you may wink to the

priests to stigmatize, wheedle the drunkards to swear, and raise

the hue-and-cry of--"Impostor! false prophet! G--d--n old Joe

Smith!" yet remember, if the Latter-day Saints are not restored

to all their rights and paid for all their losses, according to

the known rules of justice and judgment, reciprocation and common

honesty among men, that God will come out of His hiding place, and

vex this nation with a sore vexation: yea, the consuming wrath

of an offended God shall smoke through the nation with as much

distress and woe as independence has blazed through with pleasure

and delight. Where is the strength of Government? Where is the

patriotism of a Washington, a Warren, and Adams? And where is a

spark from the watch-fire of '76, by which one candle might be lit

that would glimmer upon the confines of Democracy? Well may it be

said that one man is not a state, nor one state the nation.

In the days of General Jackson, when France refused the first

instalment for spoliations, there was power, force, and honor

enough to resent injustice and insult, and the money came: and

shall Missouri, filled with negro-drivers and white men stealers,

go "unwhipped of justice" for tenfold greater sins than France? No!

verily, no! While {159} I have powers of body and mind--while water

runs and grass grows--while virtue is lovely and vice hateful; and

while a stone points out a sacred spot where a fragment of American

liberty once was, I or my posterity will plead the cause of injured

innocence, until Missouri makes atonement for all her sins, or

sinks disgraced, degraded, and damned to hell, "where the worm

dieth not, and the fire is not quenched."

Why, sir, the powers not delegated to the United States and the

States belong to the people, and Congress sent to do the people's

business have all power; and shall fifteen thousand citizens groan

in exile? O vain men! will ye not, if ye do not restore them to

their rights and $2,000,000 worth of property, relinquish to

them, (the Latter-day Saints,) as a body, their portion of power

that belongs to them according to the Constitution? Power has its

convenience as well as inconvenience. "The world was not made for

Caesar alone, but for Cassius too."

I will give you a parable. A certain lord had a vineyard in a

goodly land, which men labored in at their pleasure. A few meek

men also went and purchased with money from some of these chief

men that labored at pleasure a portion of land in the vineyard,

at a very remote part of it, and began to improve it, and to eat

and drink the fruit thereof,--when some vile persons, who regarded

not man, neither feared the lord of the vineyard, rose up suddenly

and robbed these meek men, and drove them from their possessions,

killing many.

This barbarous act made no small stir among the men in the

vineyard; and all that portion who were attached to that part of

the vineyard where the men were robbed rose up in grand council,

with their chief man, who had firstly ordered the deed to be done,

and made a covenant not to pay for the cruel deed, but to keep the

spoil, and never let those meek men set their feet on that soil

again, neither recompense them for it.

Now, these meek men, in their distress, wisely sought redress

of those wicked men in every possible manner, and got none.

They then supplicated the chief men, who held the vineyard at

pleasure, and who had the power to sell and defend it, for redress

and redemption; and those men, loving the fame and favor of

the multitude more than the glory of the lord of the vineyard,

answered--"Your cause is just, but we can do nothing for you,

because we have no power."

Now, when the lord of the vineyard saw that virtue and innocence

were not regarded, and his vineyard occupied by wicked men, he

sent men and took the possession of it to himself, and destroyed

those unfaithful servants, and appointed them their portion among

hypocrites.

And let me say that all men who say that Congress has no power to

restore and defend the rights of her citizens have not the love of

the truth abiding in them. Congress has power to protect the nation

against {160} foreign invasion and internal broil; and whenever

that body passes an act to maintain right with any power, or to

restore right to any portion of her citizens, it is the _supreme

law of the land;_ and should a State refuse submission, that State

is guilty of _insurrection or rebellion,_ and the President has

as much power to repel it as Washington had to march against the

"whisky boys at Pittsburgh," or General Jackson had to send an

armed force to suppress the rebellion of South Carolina.

To close, I would admonish you, before you let your _"candor

compel"_ you again to write upon a subject great as the salvation

of man, consequential as the life of the Savior, broad as the

principles of eternal truth, and valuable as the jewels of

eternity, to read in the 8th section and 1st article of the

Constitution of the United States, the _first, fourteenth_ and

_seventeenth_ "specific" and not very "limited powers" of the

Federal Government, what can be done to protect the lives, property

and rights of a virtuous people, when the administrators of the law

and law-makers are unbought by bribes, uncorrupted by patronage,

untempted by gold, unawed by fear, and uncontaminated tangling

alliances--even like Caesar's wife, not only _unspotted, but

unsuspected!_ And God, who cooled the heat of a Nebuchadnezzar's

furnace or shut the mouths of lions for the honor of a Daniel, will

raise your mind above the narrow notion that the General Government

has no power, to the sublime idea that Congress, with the President

as Executor, is as almighty in its sphere as Jehovah is in his.

With great respect, I have the honor to be

Your obedient servant,

JOSEPH SMITH.

HON. ("MR") J. C. CALHOUN,

Fort Hill, S. C.

[Sidenote: Release of Pugmire and Cartwright from Prison, England.]

Jonathan Pugmire, Senior, and Thomas Cartwright discharged by Judge

Whitehead, at Chester, England. The judge would not allow the costs

of prosecution or witnesses to be paid by the Crown. It was very

evident that the Church of England ministers were at the bottom of the

machinations, and were sorely discomfited at the result. I insert the

statement of the unfortunate occurrence given by Jonathan Pugmire,

Junior:--

_Cartwright Drowning--Accident at a Baptism in England_.

Thomas Cartwright was baptized November 6, 1843, unknown to his

wife, by Elder Jonathan Pugmire, Senior; but she had mistrusted he

{161} had gone to the water, and went to Pugmire's house the same

evening, and inquired where Tom was, (meaning her husband). Mrs.

Pugmire answered she did not know.

After this, Mrs. Cartwright went out and met them returning from

the waters of baptism, and shouted--"Damn you, I'll dip ye!" and

expressing her determination to have revenge on Pugmire's family,

she used a great deal of very bad language.

Some of the neighbors (not belonging to the Church) advised her not

to speak too much against the Latter-day Saints, as she might yet

become convinced of the truth of their doctrines and be baptized

herself. She replied, "I hope to God, if ever I am such a fool,

that I'll be drowned in the attempt!"

A short time afterwards, in consequence of her husband talking

to her about the truths of the Gospel, she consented to go to

Pugmire's house and hear for herself.

After attending a few times she told her husband she had a dream,

in which she saw it was a fearful thing to fall in the hands of the

living God, and requested to be baptized.

Mrs. Pugmire talked with her, reminding her of her harsh

expression. She confessed all, and said, "I am very sorry; and as

my conduct is known to all this neighborhood, I do not wish to have

my baptism public, but to have it done privately; and I wish no

female to accompany me to the water but you."

On the night of her baptism (November 23, 1843), she was conducted

to the water by her husband and Elder Pugmire, witnessed by Mrs.

Pugmire and James Moore. Previous to this time, Elder Pugmire had

baptized eight or ten persons in the same place.

On arriving at the water, they found the creek had overflowed its

banks, in consequence of a heavy rain which had fallen that day.

Elder Pugmire examined its banks, and concluded he could attend to

the ordinance without going into the regular bed of the creek.

This was done; but on raising Mrs. Cartwright, and as they were

walking out, they both went under the water.

It was afterwards discovered that the water had undermined the

bank, and it gave way under their feet. Meantime, Thomas Cartwright

leaped into the creek and seized hold of his wife's petticoat; but

the water carried her off, and left the garment in his hand.

James Moore got hold of Elder Pugmire by the hair of his head, Mrs.

Pugmire holding Moore's hand, and thus they dragged him out.

Moore then ran to the village to give the alarm. On his return, he

found Cartwright about one hundred yards from where he leaped in,

{162} with his head above water, holding on to the stump of a tree.

He said he could not have remained in that situation one minute

longer.

George Knowlen swam the stream and got him out; but his wife was

not found until the day following, when she was found about two

hundred yards from where the accident occurred, standing upon her

feet, with her head above water, the stream having fallen about two

feet.

On Pugmire reaching home, a Church of England minister had him

arrested and dragged from his family the same evening, and kept in

custody of a constable until a coroner's inquest was held on the

body of the deceased.

After she was buried, Cartwright was arrested, and both were sent

to Chester jail, to wait their trial before the judge of assize.

They were in confinement six weeks and three days before their

trial came on.

The judge (Whitehead) remarked to the jury that baptism was an

ordinance of our religion, and that it was a mere accident which

had occurred. He advised the jurymen to be very careful how they

examined the case before them--that it was an ordinance instituted

by God (at that moment the Lord spoke by the voice of thunder,

which shook the court house,) and advised the prisoners to be very

careful in the future to select a proper place for the performance

of that rite. They were then set free.

During their imprisonment, Pugmire had a vision, in which he was

informed that they would be liberated; and he told Cartwright to be

of good cheer, for they certainly would be acquitted.

_Wednesday 3_.--At home.

At noon, met with the City Council. The following is a copy of the

minutes:--

_Difficulty of Wm. Law et al. With the Police_.

SPECIAL CITY COUNCIL, Jan. 3, 1834, 2 o'clock.

Names of members called. All present.

The mayor directed the marshal to notify William Law and John

Snyder that the council was in session, and informed the council

that William Law had said to his brother Hyrum that the police had

been sworn by him (the Prophet) secretly to put Law out of the way.

[The Prophet said] "I have had no private conversation with any of

the police but the high policeman, Jonathan Dunham, and that was

to request him to have especial care of my personal safety, as I

apprehended attempts to kidnap me by the Missourians." He called

on the policemen to say if they had received any private oath from

him, when they all said, "No."

Councilor Hyrum Smith said that William Law told him the police

{163} had sworn him (Law) to keep the secret, which was that he was

to be put out of the way in three months.

The mayor said he wished policemen to understand forever that all

he wanted was that they should execute the ordinances of the city

and his orders according to law.

Several of the police called for the individual to be named who

made the statement to William Law.

The mayor said he thought proper that William Law should come and

make his statement to the council on oath.

The mayor then said to the police, "If you see a man stealing, and

you have told him three times to stand, and warned him that he is

a dead man if he does not stand, and he runs shoot off his legs.

The design of the office of the police is to stop thieving; but an

enemy should not be harmed until he draws weapons upon you."

William Law came in, and was sworn to tell the whole truth touching

the case before the council.

William Law said he had been informed that some of the policemen

had had another oath administered besides the one administered to

them publicly: that one of them said there was a Judas in General

Smith's cabinet,--one who stood next to him; and he must be taken

care of, and that he must not be allowed to go into the world,

but must be taken care of; and he was not only a dough-head and a

traitor like Judas, but an assassin like Brutus: that the idea had

been advanced that the scriptures support such a doctrine.

_Alderman Harris._ Who is the person? and who told you?

_Law._ I am under obligations _not_ to tell.

_Alderman Harris._ That is immaterial. You are bound to disclose

the whole truth here by virtue of your oath.

_Law._ I am afraid to tell. One oath is as good as another.

The Mayor said he would protect him. He was bound to tell.

_Law._ Eli Norton told me.

_Alderman Harris_. Was Eli Norton of the police?

_Law._ No; but he got his information from Daniel Carn, who is a

policeman.

The marshal was sent to bring Eli Norton.

The mayor said to the police--"On conditions I have had no private

conversation with any of you, rise up and change the breech of your

gun upwards," when all arose and changed the positions of their

guns as indicated.

Counselor Hyrum Smith considered the matter very alarming when

he heard it. He referred to Dr. Sampson Avard's and John Carl's

treachery and false swearing in Missouri, and rehearsed what was

said by the mayor to the police in the former council.

{164} The mayor said, "The reason why I made the remarks I did

was on account of the reports brought from Missouri jail by O. P.

Rockwell, that my enemies were determined to get me into their

power and take my life, and thereby thought they would accomplish

the overthrow of 'Mormonism.' And to enable them to effect this,

they had secured the services of some of my most confidential

friends, whom I did not suspect, and who were living in Nauvoo, to

deliver me into their hands so that their religious organizations

upon their own principles might stand; for they feared that

'Mormonism' would destroy their present religious creeds,

organizations, and orthodox systems. They did not design to try me,

but hang me, or take my life anyhow: that they had a man in our

midst who would fix me out, if they could not get me into their

power without." He then referred to his remarks at the previous

council.

Minutes of last council being called for, were then read.

Eli Norton sworn.

_Question by the Mayor_ Did Carn say I had administered a private

oath?

Norton. No. Did not say much about Law. Did not say you had ever

administered any private oath. Carn never intimated to me that

Law must be put out of the way. Did not call William Law's name,

nor any other name. Did not say the policemen had received a

private oath. Understood Carn to say they had received private

instructions; and if a man could not keep a secret, he was not

worthy of a place in the Church. Did not say the mayor had given

him a private charge. Did not tell where the danger was expected to

come from. Told me there were dough-heads about. Did not say the

dough-heads were in danger, but the mayor was in danger from the

dough-heads.

_Question by William Law:_ Did you not understand from Brother

Carn that he was suspicious of some person near Joseph being a

dough-head, and that that person was myself?

_Answer:_ He mentioned a dough-head as being very near Joseph,

and he guessed you was the man; and I thought it might be that

Daniteism was not done with.

_Mayor:_ Tell what you know that made you so alarmed about Brother

Law.

_Answer:_ There was no chain to the conversation; but I drew

the inference that Brother Law was the dough-head from Carn's

conversation; but Carn did not name Law.

_Daniel Carn was sworn:_ Said, "I told Brother Norton that certain

men had been counseled by the Prophet to invest their means in

publishing the new translation of the Bible; and they instead of

obeying that counsel, had used their property for the purpose of

building a {165} steam-mill and raising a hundred acres of hemp;

and the Lord had not blessed them in the business, but sunk their

hemp in the Mississippi river. I told him it was my opinion that

Brother Law was the dough-head referred to.

I have had no secret conversation whatever with the mayor, and

never received any charge except the one, with the rest of the

police, before the city council.

The mayor suggested the propriety, since Rockwell and others are

clear, and we have the promise of protection from the governor; and

as the police are now well organized, that they put up their guns

and that the council pass such an order. The Danite system alluded

to by Norton never had any existence. It was a term made use of by

some of the brethren in Far West, and grew out of an expression I

made use of when the brethren were preparing to defend themselves

from the Missouri mob, in reference to the stealing of Macaiah's

images (Judges chapter 18)--If the enemy comes, the Danites will be

after them, meaning the brethren in self-defense.

The mayor instructed the police to lay up their arms till further

orders.

At half past four p.m. council adjourned.

[Sidenote: Reconciliation of the Prophet and Wm. Law.]

The council spent nearly the whole day in investigating the subject

and examining these two witnesses. The police were all sworn and

cross-examined by William Law and the aldermen, and the result showed

nothing but imagination, having grown out of the surmises of Daniel

Carn; upon which Law became satisfied, shook hands with me, declaring

he did not believe a word of the story, and said he would stand by me

to the death, and called the whole council and the police to witness

his declaration.

_Thursday 4.--_At home.

[Sidenote: Repartee of Joseph and Emma Smith]

I took dinner in the north room, and was remarking to Brother Phelps

what a kind, provident wife I had,--that when I wanted a little bread

and milk, she would load the table with so many good things, it would

destroy my appetite. At this moment Emma came in, while Phelps, in

continuation of the conversation said, "You must do as Bonaparte

did--have a little table, just large enough for the victuals you want

yourself." {166} Mrs. Smith replied, "Mr. Smith is a bigger man than

Bonaparte: he can never eat without his friends." I remarked, "That is

the wisest thing I ever heard you say."

_Friday 5.--_At home.

Last night I dreamed I saw two serpents swallowing each other tail

foremost.

[Sidenote: Alarm of William Marks.]

Another tempest in a tea-pot, or big fuss about nothing at all. In

consequence of the night being severely cold, some persons built a

fire on the bank of the river, nearly opposite William Marks' house.

He then became afraid, and concluded he must either be the Brutus or

the dough-head, and lay awake all night, thinking the police had built

the fire to kill him by! In the morning he called on me, reported the

circumstances and expressed his fears, when another session of inquiry

was held by the city council at his request, and the police sworn and

questioned. The following is a synopsis of the minutes:--

_Special Session of the City Council--Fears of Wm. Law and Marks._

[Sidenote: Friday, January 5, 1834, 11 a.m.]

Names of members called.

Prayer by O. Spencer.

Minutes of the last two councils read and approved.

Object of the council stated by the mayor, similar to the last

council as William Law and William Marks had considered themselves

in danger. When he heard the report he was unwilling to believe

anything about it, from the course the thing took in the last

council; but, for the sake of others, he had called this council.

As Leonard Soby was going home night before last, he was hailed by

a supposed policeman with a gun, which frightened him. Soby says

that a policeman had told him that Marks and Law must not cross his

tracks; that Warren Smith said at another time that William Marks

and William Law were enemies to Joseph.

I have never thought even to dream of doing anything against the

peace of the inhabitants of this city. Did not know I had any

enemies in this city: have stayed at home and heard but little: did

not know that there was so much evil surmising among the people.

My long forbearance to my enemies ought to be {167} sufficient

testimony of my peaceful disposition toward all men. It occurred to

my mind that it was not fear, but got up for effect; but I do not

know it. I want the council to investigate this matter.

_William Marks sworn._ Testified that on Monday evening Brother

Soby came up and said, "Are you aware of the danger you are in?"

Marks replied, "No."

_Soby:_ "Your life is threatened; a policeman stopped me in the

dark last night as I was going home; I was alarmed. I supposed

the threats were from that policeman, but I was mistaken. Another

policeman, Warren Smith, said last Sunday that Joseph had

enemies--that Law and myself were Joseph's enemies, and if they

came in his way they might be popped over. A fire was kindled in

the street near my house, and I thought I was watched. Francis

Higbee told me, and a man in the east part of the town told me; and

a man came from the other side of the river and told the story to

that man, as he said. Yesterday morning, Hyrum Smith, Wilson Law,

and William Law met in the street, and I told the story as before

related.

_Mayor._ Did ever anybody tell you I directed you to be watched?

_William Marks._ No.

Marshal went for Francis M. Higbee and George W. Crouse.

_Leonard Soby sworn._ On Sunday, 31st December last, I met Warren

Smith in Crouse's store; asked him if he knew who the Brutus was.

Warren Smith said he believed William Law was one, and Marks

another; they had better not come in his way. Did not say he would

shoot them, or endanger their life in any way. Did not know whether

there were any private instructions, or not. Believed Brother Marks

was in danger. Did not think Marks in any danger from Joseph.

Thought Warren Smith was under a wrong impression with regard to

Marks. Warren Smith said, "He, Marks, had better not cross my path

when I am on duty." I gathered the idea there was something wrong

with Brother Warren Smith. Do not recollect any person present.

_Mayor._ Did Warren Smith or any other policeman give you to

understand that I had authorized him to believe there was any

difficulty between me and Brother Law or Marks?

_Soby._ No. He did not think Warren Smith would transcend his

official duties towards Law or Marks. Felt at the time Marks and

Law were in danger. Did not think they were in danger, if they did

out rise up against the authorities.

Did not say he had any instruction. Said to Mr. Marks, "You have

enemies." My impression was that somebody had been to Joseph to

make a bad impression on his mind. Warren Smith did mention brother

Marks' name, I think.

{168} Thirty policemen, all who were present, sworn. Testified

that General Smith had never given them any private instruction

concerning the case before the council.

Warren Smith said Soby asked his opinion who was the Judas. I

said, from rumor, I would suspect William Law. Does not believe he

mentioned Marks' name. My opinion was founded on rumor. Brother

Isaac Hill said Brother Law was in a bad situation--was kicking,

and if he did not mind, he would go over the board. If he had his

property in available means and was away, he would feel better.

Have heard it talked of that Brother Law was not going to stand. He

did not tell what he was kicking at. I understand a Brutus to mean

a treacherous man.

_George W. Crouse sworn._ Does not recollect any conversation

between Warren Smith and Leonard Soby, at his store, relative

to the case in question. Had a discussion about the duties of

policemen.

Councilor John Taylor said it was customary in all cities for

policemen to go armed in time of danger.

Councilor Orson Hyde confirmed Councilor Taylor's observation.

Councilor Hyrum Smith spoke. Told a story of the old Dutchman and

the ox. Soby makes me think of an old Dutchman that had an ox--the

first animal he ever owned in his life, and he broke him to ride;

then he filled a sack with rocks and laid it on the ox's back, and

got on himself, and told his son to hide by the roadside, and when

he came along, to jump out and hollo boo, as he wanted to know

how well his ox was broke. The son did accordingly. The ox was

frightened, and threw the old man off. "Father," said the son, "I

did as you told me." "Yes," said the old man; "but you made too big

a boo."

_Francis M. Higbee sworn._ Have received the impression from rumor

that Mr. Law, Mr. Marks and probably one or two others, could

not subscribe to all things in the Church, and there were some

private matters that might make trouble. Don't know of anyone being

in danger. No one told me the police had received any private

instruction. Could not tell who he had received these rumors from.

William Law spoke. Said he had no personal feeling against Warren

Smith. Some two or three years since, he sued Brother Warren, and

stayed the suit, &c. Was suspicious Warren Smith's feelings might

have risen from that source.

Councilor Hyrum Smith, Daniel Carn, Warren Smith, Leonard Soby, and

William Marks addressed the council.

The mayor spoke. Said no one had come to him with tales about

William Marks, to prejudice his mind against him. Was totally

ignorant of it. I said to Brother Dunham,--If any man approach

{169} my house with arms, or attempted to disturb my house, I

wanted the police to take care of that individual, whoever he might

be. I repeat the instruction, and am perfectly astonished that

Brother Law, Marks, or any other man should entertain such an idea

[that they were in danger.] I live above suspicion on this subject

from any source whatever. I never could bring my feelings to take

revenge on my enemies. The City Council did not concoct the idea

of having a police. The several wards petitioned for a police to

protect them against invasion--wanted citizens to pass the streets

at any time of night without molestation; but if the police see a

man breaking in to my house or barn, or anybody's house or barn,

tell him to stand, and inquire his business. I think it possible

that some person has been practicing fraud on Brother Soby and the

police and upon individuals, as the police, according to their

instructions, had laid away their guns.

Don't guard Brother Marks' house any more. Men must not pervert the

power entrusted to them like ex-Governor Boggs, whose executive

oath required him to protect the Saints in Missouri, but perverted

his power to enforce their extermination from the State.