URIAH H. YAGER AND CO., Captain at the Branch of Macedonia, 2nd

Cohort.

HIRAM CLARK 1st Lieut. at the Midland Branch Company.

Z. D. WILSON'S COMPANY.

ALNA L. TIPPETT'S COMPANY.

S. HANCOCK, Major of the First Battalion of the 3rd Regiment.

WARREN SNOW, Captain and Co., 4th Reg. 2nd Cohort of N. Legion.

At 10 p.m. I received the following letter by the hands of Captain

Yates, who accompanied Elder John Taylor and Dr. John M. Bernhisel on

their return from Carthage:

_Letter: Governor Ford to Mayor and Council of the City of Nauvoo_.

HEADQUARTERS CARTHAGE, June 22nd, 1844.

_To the Mayor and Council of the City of Nauvoo_:

GENTLEMEN.--After examining carefully all the allegations on the

part of the citizens of the country in Hancock county, and the

defensive matters submitted to me by the committee of your citizens

concerning the existing disturbances, I find that there appears

to be but little contradiction as to important facts, so that it

may be safely assumed that the immediate cause of the existing

excitement is the destruction of the press and _Nauvoo Expositor,_

and the subsequent refusal of the individuals accused to be

accountable therefore according to the general laws of this state,

and the insisting on your parts to be accountable only before your

own municipal court, and according to the ordinances of your city.

Many other facts have been asserted on both sides as tending to

increase the excitement; but as they mostly relate merely to

private persons, and committed by individuals, and tend simply to

show the present state of affairs, I will not further notice them

in this communication.

The material facts to be noticed are that a newspaper called the

_Nauvoo Expositor_ was established in Nauvoo; that this newspaper

was {534} deemed offensive to the people of that city; that the

Common Council, without notice or process to the owners, entered

into a trial and heard statements not under oath, and evidence

which was under oath, in relation to the character, conduct

and designs of the owners and editors of the press; that, upon

hearing such statements and evidence, the Common Council passed

an ordinance or resolution declaring said press and paper to be a

public nuisance, and ordered the same to be abated as such; that a

writ was issued by the Mayor to the Marshal of the city for that

purpose; that a military order was issued at the same time by the

Mayor, who is also Lieutenant-General of the Nauvoo Legion, to the

Major-General in command of that Legion, for a force sufficient to

ensure the execution of the writ aforesaid.

It appears also the press was destroyed in obedience to the

foregoing ordinance and writ, according to a return on the same by

the Marshal in the following words: "The within press and type is

destroyed and pied according to order on this 10th day of June,

1844, at about six o'clock p.m.--J. P. GREENE, C.M."

It appears also that the owners of the press obtained from a

justice of the peace at Carthage a warrant against the authors

of this destruction for a riot; that the constable charged with

the execution of this process, arrested some of the persons

accused, who immediately obtained writs of _habeas corpus_ from

the Municipal Court of your city, by virtue of which they were

tried in Nauvoo and discharged from arrest, and that they have ever

since refused to be arrested or to submit to a trial at any other

place or before any other court, except in the city and before the

Municipal Court aforesaid.

It has also been reported to me that martial law has been declared

in Nauvoo; that persons and property have been and are now forcibly

imprisoned and detained there, and that the Legion has been ordered

under arms to resist any attempt to arrest the persons accused.

I have not particularly inquired into the truth of these latter

reports; for although they may become matters of great importance

in the sequel, they are not necessary to be ascertained and acted

upon at present.

I now express to you my opinion that your conduct in the

destruction of the press was a very gross outrage upon the laws and

the liberties of the people. It may have been full of libels, but

this did not authorize you to destroy it.

There are many newspapers in this state which have been wrongfully

abusing me for more than a year, and yet such is my regard for

the liberty of the press and the rights of a free people in a

republican government that I would shed the last drop of my blood

to protect those presses from any illegal violence. You have

violated the Constitution in at least four particulars. You have

violated that part of it which {535} declares that the printing

presses shall be free, being responsible for the abuse thereof, and

that the truth may be given in evidence.

This article of the Constitution contemplates that the proprietors

of a libelous press may be sued for private damages, or may be

indicted criminally, and that upon trial they should have the right

to give the truth in evidence. In this case the proprietors had no

notice of the proceeding.

The Constitution also provides that the people shall be protected

against unreasonable searches and seizures of their property and

"That no man shall be deprived of life, liberty or property, except

by the judgment of his peers (which means a jury trial) and the

law of the land," which means due process of law and notice to the

accused.

You have also violated the Constitution and your own charter in

this: Your Council, which has no judicial powers, and can only pass

ordinances of a general nature, have undertaken to pass judgment as

a court and convict without a jury a press of being libelous and a

nuisance to the city.

The Council at most could only define a nuisance by general

ordinance, and leave it to the courts to determine whether

individuals or particulars accused came within such definition.

The Constitution abhors and will not tolerate the union of

legislative and judicial power in the same body of magistracy,

because, as in this case, they will first make a tyrannical law,

and then execute it in a tyrannical manner.

You have also assumed to yourselves more power than you are

entitled to in relation to writs of _habeas_ under your charter.

I know that you have been told by lawyers, for the purpose of

gaining your favor that you have this power to any extent. In this

they have deceived you for their own base purposes. Your charter

supposes that you may pass ordinances, a breach of which will

result in the imprisonment of the offender.

For the purpose of insuring more speedy relief to such persons,

authority was given to the Municipal Court to issue writs of_

habeas corpus_ in all cases arising under the ordinances of the

city.

It was never supposed by the Legislature, nor can the language of

your charter be tortured to mean that a jurisdiction was intended

to be conferred which would apply to all cases of imprisonment

under the general laws of the state or of the United States, as

well as the city ordinances.

It has also been reserved to you to make the discovery that a

newspaper charged to be scurrilous and libellous may be legally

abated or removed as a nuisance. In no other state, county, city,

town or territory {536} in the United States has ever such a thing

been thought of before. Such an act at this day would not be

tolerated even in England. Just such another act in 1830 hurled

the king of France from his throne, and caused the imprisonment of

four of his principal ministers for life. No civilized country can

tolerate such conduct, much less can it be tolerated in this free

country of the United States.

The result of my deliberations on this subject is, that I will

have to require you and all persons in Nauvoo accused or sued to

submit in all cases implicitly to the process of the court, and

to interpose no obstacles to an arrest, either by writ of _habeas

corpus_ or otherwise; and that all of the people of the city of

Nauvoo shall make and continue the most complete submission to the

laws of the state, and the process of the courts and justices of

the peace.

In the particular case now under consideration, I require any and

all of you who are or shall be accused to submit yourselves to be

arrested by the same constable, by virtue of the same warrant and

be tried before the same magistrate whose authority has heretofore

been resisted. Nothing short of this can vindicate the dignity of

violated law and allay the just excitement of the people.

I am anxious to preserve the peace. A small indiscretion may bring

on a war. The whole country is now up in arms, and a vast number of

people are ready to take the matter into their own hands. Such a

state of things might force me to call out the militia to prevent

a civil war. And such is the excitement of the country that I fear

the militia, when assembled, would be beyond legal control.

You are wrong in the first instance, and I can call out no portion

of the militia for your defense until you submit to the law. You

have made it necessary that a _posse_ should be assembled to

execute legal process; and that _posse,_ as fast as it assembles

is in danger of being imbued with the mobocratic spirit. If you,

by refusing to submit, shall make it necessary to call out the

militia, I have great fears that your city will be destroyed, and

your people many of them exterminated.

You know the excitement of the public mind. Do not tempt it too

far. A very little matter may do a very great injury; and if you

are disposed to continue the causes of excitement and render a

force necessary to coerce submission, I would say that your city

was built, as it were, upon a keg of powder which a very little

spark may explode.

It is my intention to do all I can to preserve the peace, and

even, if obliged, to call the militia to prosecute the war so

as not to involve the innocent and comprehend all in the same

punishment. But excitement is a matter which grows very fast upon

men when assembled. The {537} affair, I much fear, may assume a

revolutionary character, and the men may disregard the authority of

their officers.

I tell you plainly that if no such submission is made as I have

indicated. I will be obliged to call out the militia; and if a few

thousand will not be sufficient, many thousands will be.

I sincerely hope that your people may do nothing which will

make such a proceeding necessary. I hope also that they will be

well-disposed to co-operate with me in allaying the excitement of

the public mind. Immediately discharge such persons as you have

under martial law. Let them go without molestation. Abstain from

all injury to private property. Let people go where they please

without swearing them first to take no part against you. All such

proceedings tend only to inflame the public mind, and raise up ten

men disposed to fight you for every one thus foolishly disabled.

Your committee assures me that you are sincerely desirous of

preserving the peace; and if so, I hope you will co-operate with me

in everything necessary to allay the excitement in the minds of the

people.

The following-named persons are reported to me as being detained

against their will by martial law: John A. Hicks, H. O. Norton, A.

J. Higbee, John Eagle, P. J. Rolf, Peter Lemon, and T. J. Rolf. It

will tend greatly to allay excitement if they shall be immediately

discharged and suffered to go without molestation.

It is also reported here, and generally believed, (but whether true

or not I have not yet learned) that there are many foraging parties

abroad from Nauvoo committing depredations upon the cattle and

property in the vicinity. These acts, if correctly reported, must

absolutely cease immediately, if you expect any person here to have

the power to preserve the peace.

In case the persons accused should make no resistance to arrest, it

will be against orders to be accompanied by others. If it should

become necessary to have witnesses on the trials, I will see that

such persons shall be duly summoned,_ and I will also guarantee the

safety of all such persons as may thus be brought to this place

from Nauvoo either for trial or as witnesses for the accused_.

If the individuals accused cannot be found when required by the

constable it will be considered by me as an equivalent to a refusal

to be arrested, and the militia will be ordered accordingly.

I am, gentlemen, with great respect, your obedient servant,

THOMAS FORD,

Governor and Commander-in-Chief.

To which I wrote the following answer:

{538} _Letter: Joseph Smith to Governor Ford--Defending the action

of the City Council in the "Expositor" Affair_.

NAUVOO, June 22nd, 1844, 12 o'clock p.m.

_To His Excellency, Thomas Ford_:

SIR.--Yours of this date is received by Messrs. Taylor and

Bernhisel. A part of the same delegation, Mr. Woodworth, who

was detained yesterday, started for Carthage at 12 noon, this

date, who, we perceive, had not arrived at your last date. Some

documents conveyed by him would tend to counteract some of the

views expressed in your Excellency's communication, and we feel

confident, if all the facts could be before your Excellency, you

would have come to different conclusions.

Our "insisting to be accountable only before our own Municipal

Court," is totally incorrect. We plead a _habeas corpus_ as a

last resort to save us from being thrown into the power of the

mobocrats, who were then threatening us with death, and it was with

great reluctance we went before the Municipal Court, on account of

the prejudice which might arise in the minds of the unbiased; and

we did not petition for a _habeas corpus_ until we had told the

constable that on our lives we dare not go to Carthage for trial,

and plead with him to go before any county magistrate he pleased in

our vicinity, (which occurrence is common in legal proceedings) and

not a member of our society, so that our lives might be saved from

the threats thus already issued against us.

The press was declared a nuisance under the authority of the

charter as written in 7th section of Addenda, the same as in the

Springfield charter, so that if the act declaring the press a

nuisance was unconstitutional: we cannot see how it is that the

charter itself is not unconstitutional, and if we have erred in

judgment, it is an official act, and belongs to the Supreme Court

to correct it, and assess damages _versus_ the city to restore

property abated as a nuisance. If we have erred in this thing, we

have done it in good company, for Blackstone on "Wrongs," asserts

the doctrine that scurrilous prints may be abated as nuisances.

As to martial law, we truly say that we were obliged to call out

the forces to protect our lives; and the Constitution guarantees

to every man that privilege; and our measures were active and

efficient, as the necessity of the case required; but the city is

and has been continually under the special direction of the marshal

all the time. No person, to our knowledge, has been arrested only

for violation of the peace, and those some of our own citizens,

all of whom we believe are now discharged. {539} And if any

property has been taken for public benefit without a compensation,

or against the will of the owner, it has been done without our

knowledge or consent, and when shown shall be corrected, if the

people will permit us to resume our usual labors.

If we "have committed a gross outrage upon the laws and liberties

of the people," as your Excellency represents, we are ready to

correct that outrage when the testimony is forthcoming. All men are

bound to act in their sphere on their own judgment, and it would

be quite impossible for us to know what your Excellency's judgment

would have been in the case referred to; consequently acted on our

own and according to our best judgment, after having taken able

counsel in the case. If we have erred, we again say we will make

all right if we can have the privilege.

"The Constitution also provides that the people shall be protected

against all unreasonable search and seizure." True. The doctrine we

believe most fully, and have acted upon it; but we do not believe

it unreasonable to search so far as it is necessary to protect life

and property from destruction.

We do not believe in the "union of legislative and judicial power,"

and we have not so understood the action of the case in question.

Whatever power we have exercised in the _habeas corpus_ has been

done in accordance with the letter of the charter and Constitution

as we confidently understood them, and that, too, with the ablest

counsel; but if it be so that we have erred in this thing, let the

Supreme Court correct the evil. We have never gone contrary to

constitutional law, so far as we have been able to learn it. If

lawyers have belied their profession to abuse us, the evil be on

their heads.

You have intimated that no press has been abated as a nuisance in

the United States. We refer your Excellency to Humphrey _versus_

Press in Ohio, who abated the press by his own arm for libel, and

the courts decided on prosecution no cause of action. And we do

know that it is common for police in Boston, New York, &c., to

destroy scurrilous prints: and we think the loss of character by

libel and the loss of life by mobocratic prints to be a greater

loss than a little property, all of which, life alone excepted,

we have sustained, brought upon us by the most unprincipled

outlaws, gamblers, counterfeiters, and such characters as have

been standing by me, and probably are now standing around your

Excellency--namely, those men who have brought these evils upon us.

We have no knowledge of men's being sworn to pass our city. And

upon receipt of your last message the Legion was disbanded and the

city left to your Excellency's disposal.

{540} How it could be possible for us now to be tried

constitutionally by the same magistrate who first issued the writ

at Carthage we cannot see, for the Constitution expressly says

no man shall twice be put in jeopardy of life and limb for the

same offense; and all you refer to, have been, since the issuance

of the_ habeas corpus,_ complied with for the same offense, and

trial before Daniel H. Wells, justice of the peace for Hancock

county, and, after a full investigation, were discharged. But,

notwithstanding this, we would not hesitate to stand another trial

according to your Excellency's wish, were it not that we are

confident out lives would be in danger. We dare not come. Writs, we

are assured, are issued against us in various parts of the country.

For what? To drag us from place to place, from court to court,

across the creeks and prairies, till some bloodthirsty villain

could find his opportunity to shoot us. We dare not come, though

your Excellency promises protection. Yet, at the same time, you

have expressed fears that you could not control the mob, in which

case we are left to the mercy of the merciless. Sir, we dare not

come, for our lives would be in danger, and we are guilty of no

crime.

You say, "It will be against orders to be accompanied by others,

if we come to trial." This we have been obliged to act upon in

Missouri; and when our witnesses were sent for by the court, (as

your honor promises to do) they were thrust into prison, and we

left without witnesses. Sir, you must not blame us, for "a burnt

child dreads the fire." And although your Excellency might be

well-disposed in the matter, the appearance of the mob forbids our

coming. We dare not do it.

We have been advised by legal and high-minded gentlemen from

abroad, who came on the boat this evening to lay our grievances

before the Federal Government, as the appearance of things is not

only treasonable against us, but against the state on the part of

Missouri, unless the same has been requested of Governor Ford by

the Federal Government. And we suppose your Excellency is well

aware by this time that the mass-meetings of the county declared

utter extermination of the Mormons, and that the Legion was not

called out until complaints were made to the Mayor, and the

citizens were afraid of their lives, and losing their confidence

in the authorities of the city, and that nothing on the part of

the city authorities had been wanting, legally and judiciously,

to allay excitement and restore peace. We shall leave the city

forthwith to lay the facts before the General Government, and,

as before stated, the city is left open and unprotected; and by

everything that is sacred, we implore your Excellency to cause our

helpless women and children to be protected from mob violence, and

let not the blood of innocence {541} cry to heaven against you.

We again say, if anything wrong has been done on our part, and we

know of nothing, we will make all things right if the Government

will give us the opportunity. Disperse the mob, and secure to us

our constitutional privileges, that our lives may not be endangered

when on trial.

I remain most respectfully, your Excellency's humble servant,

JOSEPH SMITH,

Mayor, and Lieut.-Gen. N. L.

{542}

CHAPTER XXVII.

GOVERNOR FORD'S WRONG VIEWPOINT--ELDER TAYLOR'S ACCOUNT OF THE

INTERVIEW WITH THE GOVERNOR AT CARTHAGE--CLOSE OF THE PROPHET'S JOURNAL

NARRATIVE OF HIS LIFE.

[Sidenote: Gov. Ford's Biased Judgment.]

_[Saturday, June 22nd, 1844, continued].--_It appears that the

Governor, on arriving at Carthage, ordered the entire mob into service,

adopted the lies and misrepresentations circulated against us by our

enemies as truth, turned Supreme Court, and decided on the legality

of our municipal ordinances and proceedings, which is the business

of the judiciary alone. He charges us in his letter, based upon most

cursed falsehoods, with violations of law and order, which have never

been thought of by us. He treated our delegates very rudely. My

communications that were read to him were read in the presence of a

large number of our worst enemies, who interrupted the reader at almost

every line with, "That's a damned lie!" and "That's a G--d--d lie!" He

never accorded to them the privilege of saying one word to him only in

the midst of such interruptions as, "You lie like hell!" from a crowd

of persons present. These facts show conclusively that he is under the

influence of the mob spirit, and is designedly intending to place us in

the hands of murderous assassins, and is conniving at our destruction,

or else that he is so ignorant and stupid that he does not understand

the corrupt and diabolical spirits that are around him.

{543} Elder John Taylor gave the following account of his interview

with the Governor:

_Elder John Taylor's Account of Interview With Governor Ford at

Carthage_.

After waiting the Governor's pleasure for some time, we had an

audience--but such an audience! He was surrounded by some of the

vilest and most unprincipled men in creation. Some of them had

an appearance of respectability, but many of them lacked even

that. Wilson, and, I believe, William Law were there, Foster,

Frank and Chauncey Higbee, Mr. Marr, a lawyer from Nauvoo, a

mobocratic merchant from Warsaw, Joseph H. Jackson, a number of his

associates, and the Governor's secretary--in all fifteen or twenty

persons, most of whom were recreant to virtue, honor, integrity

and everything that is considered honorable among men. I can well

remember the feelings of disgust that I had in seeing the Governor

surrounded by such an infamous group, and on being introduced to

men of so questionable a character; and had I been on private

business, I should have turned to depart, and told the Governor

that if he thought proper to associate with such questionable

characters, I should beg leave to be excused; but coming, as we

did, on public business, we could not of course consult our private

feelings.

We then stated to the Governor that, in accordance with his

request, General Joseph Smith had, in response to his call, sent

us to him as a committee of conference; that we were acquainted

with most of the circumstances that had transpired in and about

Nauvoo lately, and were prepared to give him the information;

that, moreover, we had in our possession testimony and affidavits

confirmatory of what we should say, which had been forwarded to him

by General Joseph Smith; that communications had been forwarded to

his Excellency by Messrs. Hunter, James and others, some of which

had not reached their destination, but of which we had duplicates

with us. We then in brief related an outline of the difficulties,

and the course we had pursued from the commencement of the troubles

up to the present, and, handing him the documents, respectfully

submitted the whole. During our conversation and explanations with

the Governor, we were frequently rudely and impudently contradicted

by the fellows he had around him, and of whom he seemed to take no

notice.

He opened and read a number of the documents himself, and as he

proceeded he was frequently interrupted by, "That's a lie!" "That's

a G-- d--d lie!" "That's an infernal falsehood!" "That's a blasted

lie!" &c.

{544} These men evidently winced on an exposure of their acts, and

thus vulgarly, impudently and falsely repudiated them. One of their

number, Mr. Marr, addressed himself several times to me while in

conversation with the Governor. I did not notice him until after a

frequent repetition of his insolence, when I informed him that my

business at that time was with Governor Ford, whereupon I continued

my conversation with his Excellency.

During the conversation the Governor expressed a desire that Joseph

Smith and all parties concerned in passing or executing the city

law in relation to the press had better come to Carthage; that

however repugnant it might be to our feelings, he thought it would

have a tendency to allay public excitement and prove to the people

what we professed--that we wished to be governed by law.

We represented to him the course we had taken in relation to this

matter, our willingness to go before another magistrate other

than the Municipal Court, the illegal refusal by the constable,

of our request, our dismissal by the Municipal Court, a legally

constituted tribunal, our subsequent trial before Esq. Wells at the

instance of Judge Thomas (the circuit judge), and our dismissal by

him; that we had fulfilled the law in every particular; that it

was our enemies who were breaking the law, and, having murderous

designs, were only making use of this as a pretext to get us into

their power.

The Governor stated that the people viewed it differently, and

that, notwithstanding our opinions, he would recommend that the

people should be satisfied.

We then remarked to him that, should Joseph Smith comply with his

request, it would be extremely unsafe, in the present excited

state of the country, to come without an armed force; that we had

a sufficiency of men, and were competent to defend ourselves, but

that there might be danger of collision should our forces and those

of our enemies be brought in such close proximity.

He strenuously advised us not to bring any arms, and pledged his

faith as Governor, and the faith of the state, that we should be

protected, and that he would guarantee our perfect safety.

At the termination of our interview, and previous to our

withdrawal, after a long conversation and the perusal of the

documents which we had brought, the Governor informed us that he

would prepare a written communication for General Joseph Smith,

which he desired us to wait for. We were kept waiting for this

instrument some five or six hours.

About five o'clock in the afternoon we took our departure with not

the most pleasant feelings. The associations of the Governor, the

spirit that he manifested to compromise with these scoundrels, the

{545} length of time that he had kept us waiting, and his general

deportment, together with the infernal spirit that we saw exhibited

by those whom he admitted to his counsels, made the prospect

anything but promising.

I had a consultation for a little while with my brother Hyrum, Dr.

Richards, John Taylor and John M. Bernhisel, and determined to go to

Washington and lay the matter before President Tyler. [1]

About 7 p.m. I requested Reynolds Cahoon and Alpheus Cutler to stand

guard at the Mansion, and not to admit any stranger inside the house.

At sundown I asked O. P. Rockwell if he would go with me a short

journey, and he replied he would.

[Abraham C. Hodge says that soon after dusk, Joseph called Hyrum,

Willard Richards, John Taylor, William W. Phelps, A. C. Hodge, John L.

Butler, Alpheus Cutler, William Marks and some others, into his upper

room and said, "Brethren, here is a letter from the Governor which I

wish to have read." After it was read through Joseph remarked, "There

is no mercy--no mercy here." Hyrum said, "No; just as sure as we fall

into their hands we are dead men." Joseph replied, "Yes; what shall we

do, Brother Hyrum?" He replied, "I don't know." All at once Joseph's

countenance brightened up and he said, "The way is open. It is clean

to my mind what to do. All they want is Hyrum and myself; then tell

everybody to go about their business, and not to collect in groups,

but to scatter about. There is no doubt they will come here and search

for us. Let them search; they will not harm you in person or property,

and not even a hair of your head. We will cross the river tonight, and

{546} go away to the West." He made a move to go out of the house to

cross the river. When out of doors he told Butler and Hodge to take the

_Maid of Iowa,_ (in charge of Repsher) get it to the upper landing,

and put his and Hyrum's families and effects upon her; then go down

the Mississippi and up the Ohio river to Portsmouth, where they should

hear from them. He then took Hodge by the hand and said, "Now, Brother

Hodge, let what will come, don't deny the faith, and all will be well."]

I told Stephen Markham that if I and Hyrum were ever taken again we

should be massacred, or I was not a prophet of God. I want Hyrum to

live to avenge my blood, but he is determined not to leave me. [2]

Footnotes:

1. "At this juncture the council was interrupted by the withdrawal of

President Smith to give an interview to two gentlemen--one of whom

was a son of John C. Calhoun--who had arrived at the Mansion and were

anxious to meet with the Prophet" (Life of John Taylor, page, 125).

Elder Taylor withdrew at a late hour from the council because of great

weariness. "Shortly after he [Elder Taylor] retired, however, the

Prophet returned, and the informal council meeting was resumed. The

project of laying the case before President Tyler was abandoned. Joseph

had received an inspiration to go west and all would be well" (Ibid).

2. Here the direct narrative of the Prophet ends; what happened in the

next few days of his life occurred under such circumstances as not to

permit of his dictating an account of it to his secretary or clerks, as

was his custom.

Concerning the statement in the text about the Prophet's desire to have

Hyrum live, and the purpose of it, Mr. Edward Tullidge, in his _Life

of Joseph the Prophet_, gives a different version of it. He states

it_: "I want Hyrum to live to lead the Church, but he is determined

not to leave me"_ (Tullidge, p. 491). On what authority Mr. Tullidge

makes the change is not known; but there is evidence in addition to his

statement that the Prophet did desire Hyrum Smith to succeed him in the

presidency of the Church, and even "ordained" him to take that place.

At the October conference following the martyrdom of the two brothers,

President Brigham Young said_: "Did Joseph ordain any man to take his

place? He did. Who was it? It was Hyrum. But Hyrum fell a martyr before

Joseph did"_ (_Times and Seasons_ Vol. 5, page 683.)

{547}

CHAPTER XXVIII.

THE PROPHET STARTS FOR THE ROCKY MOUNTAINS--THE COUNSEL OF FALSE

BRETHREN--THE RETURN TO NAUVOO--THE SURRENDER AND ARRIVAL AT CARTHAGE.

_An account of the arrest, imprisonment and martyrdom of President

Joseph Smith and Patriarch Hyrum Smith in Carthage jail, Hancock

county, Illinois, as collected from the journal kept at the time by

Willard Richards and the statements published by John Taylor, Messrs.

Reid and Woods and John S. Fullmer, and the writings and statements of

Dan Jones, Cyrus H. Wheelock, Stephen Markham and many other persons,

who were personally acquainted with the transactions. [1]_--_By the

Historian_. [2]

[Sidenote: The Warning to Flee to the Rocky Mountains.]

_Saturday, June 11, 1844.--_About 9 p.m. Hyrum came out of the Mansion

and gave his hand to Reynolds Cahoon, at the same time saying, "A

company of men are seeking to kill my brother Joseph, and the Lord has

warned him to flee to the Rocky Mountains to save his life. Good-by,

Brother Cahoon, we shall see you again." In a few minutes afterwards

Joseph came from his family. His tears were flowing fast. He held a

handkerchief to his face, and followed after Brother Hyrum without

uttering a word.

Between 9 and 10 p.m. Joseph, Hyrum and Willard, while waiting on the

banks of the river for the skiff, sent {548} for William W. Phelps,

and instructed him to take their families to Cincinnati by the second

steamboat, arriving at Nauvoo; and when he arrived there to commence

petitioning the President of the United States and Congress for redress

of grievances, and see if they would grant the Church liberty and

equal rights. Joseph then said: "Go to our wives, and tell them what

we have concluded to do, and learn their feelings on the subject; and

tell Emma you will be ready to start by the second steamboat, and she

has sufficient money wherewith to pay the expenses. If you ascertain

by tomorrow morning that there is anything wrong, come over the river

to Montrose, to the house of Captain John Killien, and there you will

learn where we are."

About midnight, Joseph, Hyrum and Dr. Richards called for Orrin P.

Rockwell at his lodgings, and all went up the river bank until they

found Aaron Johnson's boat, which they got into, and started about 2 a.

m to cross the Mississippi river. Orrin P. Rockwell rowed the skiff,

which was very leaky, so that it kept Joseph, Hyrum and the doctor busy

baling out the water with their boots and shoes to prevent it from

sinking.

[Sidenote: Preparations for the Western Journey.]

_Sunday, 23.--_At daybreak arrived on the Iowa side of the river. Sent

Orrin P. Rockwell back to Nauvoo with instructions to return the next

night with horses for Joseph and Hyrum, pass them over the river in the

night secretly, and be ready to start for the Great Basin in the Rocky

Mountains.

Joseph, Hyrum and Dr. Richards walked up to Captain John Killien's

house, where they arrived at sunrise; but he not being at home,

they went from thence to Brother William Jordan's. About 9 a.m. Dr.

Bernhisel came over the river to visit Joseph; also Reynolds Cahoon,

who made some explanations respecting Governor Ford's letter.

[Sidenote: Arrival of Constable's _Posse_.]

Early in the morning a _posse_ arrived in Nauvoo to {549} arrest

Joseph, but as they did not find him, they started back to Carthage

immediately, leaving one man of the name of Yates behind them, who said

to one of the brethren that Governor Ford designed that if Joseph and

Hyrum were not given up, he would send his troops and guard the city

until they were found, if it took three years to do it.

[Sidenote: Emma's Message to the Prophet.]

At 1 p.m. Emma sent over Orrin P. Rockwell, requesting him to entreat

of Joseph to come back. Reynolds Cahoon accompanied him with a letter

which Emma had written to the same effect, and she insisted that Cahoon

should persuade Joseph to come back and give himself up. When they went

over they found Joseph, Hyrum and Willard in a room by themselves,

having flour and other provisions on the floor ready for packing.

Reynolds Cahoon informed Joseph what the troops intended to do, and

urged upon him to give himself up, inasmuch as the Governor had pledged

his faith and the faith of the state to protect him while he underwent

a legal and fair trial. Reynolds Cahoon, Lorenzo D. Wasson and Hiram

Kimball accused Joseph of cowardice for wishing to leave the people,

adding that their property would be destroyed, and they left without

house or home. Like the fable, when the wolves came the shepherd ran

from the flock, and left the sheep to be devoured. To which Joseph

replied, "If my life is of no value to my friends it is of none to

myself."

[Sidenote: Consultation with Rockwell.]

Joseph said to Rockwell, "What shall I do?" Rockwell replied, "You are

the oldest and ought to know best; and as you make your bed, I will lie

with you." Joseph then turned to Hyrum, who was talking with Cahoon,

and said, "Brother Hyrum, you are the oldest, what shall we do?" Hyrum

said, "Let us go back and give ourselves up, and see the thing out."

After studying a few moments, Joseph said, "If {550} you go back I will

go with you, but we shall be butchered." Hyrum said, "No, no; let us go

back and put our trust in God, and we shall not be harmed. The Lord is

in it. If we live or have to die, we will be reconciled to our fate."

After a short pause, Joseph told Cahoon to request Captain Daniel C.

Davis to have his boat ready at half-past five to cross them over the

river.

Joseph and Hyrum then wrote the following letter:

_Letter:--Joseph and Hyrum Smith to Governor Ford--Consenting to go

to Carthage_.

BANK OF THE RIVER MISSISSIPPI,

Sunday, June 23rd, 1844, 2 p.m.

_His Excellency Governor Ford_:

SIR.--I wrote you a long communication at 12 last night, expressive

of my views of your Excellency's communication of yesterday. I

thought your letter rather severe, but one of my friends has just

come to me with an explanation from the captain of your _posse_

which softened the subject matter of your communication, and gives

us greater assurance of protection, and that your Excellency has

succeeded in bringing in subjection the spirits which surround your

Excellency to some extent. And I declare again the only objection I

ever had or ever made on trial by my country at any time, was what

I have made in my last letter--on account of assassins, and the

reason I have to fear deathly consequences from their hands.

But from the explanation, I now offer to come to you at Carthage

on the morrow, as early as shall be convenient for your _posse_ to

escort us into headquarters, provided we can have a fair trial, not

be abused nor have my witnesses abused, and have all things done in

due form of law, without partiality, and you may depend on my honor

without the show of a great armed force to produce excitement in

the minds of the timid.

We will meet your _posse,_ if this letter is satisfactory, (if not,

inform me) at or neat the Mound, at or about two o'clock tomorrow

afternoon, which will be as soon as we can get our witnesses and

prepare for trial. We shall expect to take our witnesses with us,

and not have to wait a subpoena or part at least, so as not to

detain the proceedings, although we may want time for counsel.

We remain most respectfully, your Excellency's humble servants,

JOSEPH SMITH,

HYRUM SMITH.

{551} Also wrote to Horace T. Hugins, Esquire:

_Letter: Joseph Smith to H. T. Hugins--Engaging Counsel_.

NAUVOO, Sunday, June 23, 1844.

_H. T. Hugins, Esq_:

SIR.--I have agreed to meet Governor Ford at Carthage tomorrow to

attend an examination before Justice Morrison, and request your

attendance professionally with the best attorney you can bring.

I meet the Governor's _posse_ on the Mound at 10 a.m.; in Carthage

at 12 noon. Do not fail me, and oblige,

Yours respectfully,

JOSEPH SMITH.

_per_ W. RICHARDS, Clerk.

P.S.--Dr. J. R. Wakefield I wish as witness, &c.

And also to Dr. J. Wakefield as follows:

_Letter: Joseph Smith to J. R. Wakefield Soliciting Latter's

Attendance as Witness_.

NAUVOO, June 23, 1844.

_Dr. J. R. Wakefield_:

SIR.--I would respectfully solicit your attendance at court in

Carthage tomorrow at 12 noon, as witness in case "State of Illinois

on complaint of Francis M. Higbee, _versus_ Joseph Smith and

others." Dear sir, do not fail me, and oblige your old friend,

JOSEPH SMITH,

_per_ WILLARD RICHARDS, Clerk.

P. S.--Esq. Hugins and co-partner are expected. We meet the

Governor's _posse_ on the Mound at 10 a.m.: at Carthage at 12 noon.

Bearer will give particulars.

[Sidenote: The Prophet Returns to Nauvoo.]

About 4 p.m. Joseph, Hyrum, the Doctor and others started back. While

walking towards the river, Joseph fell behind with Orrin P. Rockwell.

The other shouted to come on. Joseph replied, "It is of no use to

hurry, for we are going back to be slaughtered," and continually

expressed himself that he would like to get the people once more

together, and talk to them tonight. Rockwell said if that was his

wish he would get the people together, and he could talk to them by

starlight.

{552} It was the strong persuasions of Reynolds Cahoon, Lorenzo D.

Wasson and Hiram Kimball, who were carrying out Emma's instructions,

that induced Joseph and Hyrum to start back to Nauvoo. They re-crossed

the river at half-past five. When they arrived at the Mansion in

Nauvoo, Joseph's family surrounded him, and he tarried there all night,

giving up the idea of preaching to the Saints by starlight.

[Sidenote: Vacillation of Governor Ford.]

He sent the letter of this date to Governor Ford by Col. Theodore

Turley and Elder Jedediah M. Grant, who carried it to Carthage, where

they arrived about 9 p.m. They gave the letter to Governor Ford, who

first agreed to send a _posse_ to escort General Smith in safety to

Carthage. Immediately afterwards Mr. Skinner came in and made a very

bitter speech to the Governor, in which Wilson Law and Joseph H.

Jackson joined, telling him naught but lies, which caused Elder Grant

to ask if messengers to him were to be insulted in that manner. The

Governor treated them coldly, and rescinded his previous promise, and

refused to send or allow an escort to go with Joseph, as he said it

was an honor not given to any other citizen. He would not allow the

messengers to stay in Carthage through the night, but ordered them

to start at 10 o'clock, and return to Nauvoo with orders for General

Smith to be in Carthage at 10 o'clock tomorrow morning without an

escort; and he threatened that if General Smith did not give himself

up at that time, that Nauvoo would be destroyed and all the men, women

and children that were in it. Messrs. Grant and Turley immediately

started; but on account of their horses being wearied, they did not

arrive in Nauvoo until about four a.m. of the 24th, when they went to

General Smith to report to him the state of excitement in Carthage. He

would not hear one word of the warning, as he was determined to go to

Carthage and give himself up to the Governor.

{553} At night Joseph conversed with Captain Anderson, who reported

that the mob at Warsaw had stopped his boat, and threatened to fire

into her with his cannon. He gave the following certificate:

_Certificate: Captain Anderson--on Retention of People in Nauvoo_.

NAUVOO, June 23rd, 1844.

This is to certify that on Tuesday morning last, I stated to

General Joseph Smith that the number of passengers leaving that day

might produce the effect on the public mind that they were afraid

of being attacked, and prove injurious; and I further observed, in

order to preserve peace and good order, that it would be better to

use his endeavors to retain those in the city until the excitement

should abate.

GEORGE C. ANDERSON,

Captain steamer _Osprey_.

Joseph received the following letter:

_Letter: Ed. Johnston to Joseph Smith--About Counsel_.

Sunday Evening, June 23rd, 1844.

_General Joseph Smith_:

SIR.--I have this moment received your favor of this day per the

hands of Mr. Adams. I regret to say, in reply, that I am now

awaiting every moment a boat for St. Louis, whither my business

requires me to go, and which, of course will deter me from acceding

to your request. I have introduced Mr. Adams to a friend who is

entirely competent to do full justice to your cause.

In great haste, yours respectfully,

ED. JOHNSTON.

FORT MADISON, IOWA.

[Sidenote: Preparations for Going to Carthage.]

Preparations are making for an early start tomorrow morning for

Carthage. Joseph gave directions to gather some horses for the purpose

of carrying him and his friends to Carthage tomorrow.

Although the Governor has threatened to send his troops into the city,

none have appeared as yet.

[Sidenote: Defendants in the _Expositor_ Case.]

_Monday, 24.--_Francis M. Higbee having sworn out a writ before Thomas

Morrison, a justice of the peace at {554} Carthage on the 11th instant,

against Joseph Smith, Hyrum Smith, Samuel Bennet, John Taylor, William

W. Phelps, John P. Greene, Stephen C. Perry, Dimick B. Huntington,

Jonathan Dunham, Stephen Markham, William W. Edwards, Jonathan Holmes,

Jesse P. Harmon, John Lytle, Joseph W. Coolidge, David Harvey Redfield,

Orrin P. Rockwell and Levi Richards for riot, in destroying the _Nauvoo

Expositor_ press, the property of William and Wilson Law and others,

on the 10th instant, and Governor Ford having sent word by the _posse_

that those eighteen persons should be protected by the militia of the

state, they, upon the assurance of that pledge at half-past six a.m.

started for Carthage, Willard Richards, Dan Jones, Henry G. Sherwood,

Alfred Randall, James Davis, Cyrus H. Wheelock, A. C. Hodge and several

other brethren, together with James W. Woods as counsel, accompanying

them.

[Sidenote: Incidents _en route_ for Carthage.]

When they arrived at the top of the hill, Joseph sent Rockwell with

a horse for Dr. Southwick, a Southern gentleman who had been staying

some days at the Mansion, and who wished General Joseph Smith to buy

considerable property in Texas; but Ed. Bonny took possession of the

horse, so that Dr. Southwick could not then go.

Joseph paused when they got to the Temple, and looked with admiration

first on that, and then on the city, and remarked, "This is the

loveliest place and the best people under the heavens; little do they

know the trials that await them." As he passed out of the city, he

called on Daniel H. Wells, Esq., who was unwell, and on parting he

said, "Squire Wells, I wish you to cherish my memory, and not think me

the worst man in the world either."

[Sidenote: Meeting with Captain Dunn.]

At ten minutes to 10 a.m. they arrived at Albert G. Fellows' farm, four

miles west of Carthage, where they met Captain Dunn with a company

of about sixty mounted militia, on seeing which Joseph said, "Do not

be alarmed, brethren, for they {555} cannot do more to you than the

enemies of truth did to the ancient Saints--they can only kill the

body." The company made a halt, when Joseph, Hyrum and several others

went into Fellows' house with Captain Dunn, who presented an order

from Governor Ford for all the state arms in possession of the Nauvoo

Legion, which Joseph immediately countersigned.

[Sidenote: A Pathetic Prophecy.]

Henry G. Sherwood went up to Joseph and said, "Brother Joseph, shall

I return to Nauvoo and regulate about getting the arms and get the

receipts for them?" Joseph inquired if he was under arrest, or expected

to be arrested. Sherwood answered "No," when Joseph directed him to

return ahead of the company, gather the arms and do as well as he could

in all things. Joseph then said to the company who were with him, _"I

am going like a lamb to the slaughter, but I am calm as a summer's

morning. I have a conscience void of offense toward God and toward all

men. If they take my life I shall die an innocent man, and my blood

shall cry from the ground for vengeance, and it shall be said of me 'He

was murdered in cold blood!'"_ He then said to Father Sherwood, "Go,

and God bless you." Sherwood then rode as swiftly as he could to Nauvoo.

Esquire Woods left the company there, and continued his journey to

Carthage.

This order for the delivery of the state arms was evidently designed

to drive the citizens of Nauvoo to desperation, so that in the heat of

their indignation they might commit some overt act which the Governor

could construe into treason, and thus have a shadow of excuse for his

mob militia to destroy the Mormons.

[Sidenote: Dunn's Request that the Prophet Return to Nauvoo:]

Captain Dunn requested the company to return to Nauvoo to assist in

collecting the arms, and pledged his word as a military man, that

Joseph and his friends should be protected even if it were at the

expense of his own life, {556} and his men responded to the pledge

by three cheers. Captain Dunn, no doubt feared that the order of the

Governor would excite the inhabitants of Nauvoo beyond endurance, and

therefore chose to depend on the well-known integrity of General Smith

than to risk the chances of exciting the feelings of a much-abused

people. At the same time Joseph sent a messenger to the Governor with

the following letter:

_Letter: Joseph Smith to Governor Ford--Explaining his Return to

Nauvoo_.

FOUR MILES WEST OF CARTHAGE MOUND,

HANCOCK COUNTY, ILLINOIS,

Monday, 10 o'clock.

_His Excellency Governor Ford_:

DEAR SIR.--On my way to Carthage to answer your request this

morning, I here met Captain Dunn, who has here made known to me

your orders to surrender the state arms in possession of the Nauvoo

Legion, which command I shall comply with; and that the same may

be done properly and without trouble to the state, I shall return

with Captain Dunn to Nauvoo, see that the arms are put into his

possession, and shall then return to headquarters in his company,

when I shall most cheerfully submit to any requisition of the

Governor of our state.

With all due respect to your Excellency, I remain your obedient

servant.

JOSEPH SMITH.

He also issued the following order:

_Order: Joseph Smith to General Dunham--Complying with Governor

Ford's Demand for State Arms_.

HEADQUARTERS NAUVOO LEGION,

Prairie Four Miles West of Carthage,

June 24th, 1844, 10 o'clock and 10 minutes.

_To Major-General Jonathan Dunham and all commissioned and

non-commissioned officers and privates of the Nauvoo Legion_:

You are hereby ordered to comply strictly with the within order of

the Commander-in-Chief, Governor Ford.

JOSEPH SMITH.

Lieut.-Gen. Nauvoo Legion.

{557} And requested that the state arms should be taken to the Masonic

Hall without delay.

[Sidenote: Messenger Sent to Carthage.]

Hyrum then said to Abram C. Hodge, "You go on into Carthage and see

what is going on, and hear what is said on this matter."

Joseph and his company then returned with Captain Dunn, and arrived in

Nauvoo at half-past two p.m.

When Hodge arrived at Carthage, he met with Rev. Mr. Dodge, who had

some time previously been very kindly treated by Hyrum. He warned

Hodge that as sure as Joseph and Hyrum came to Carthage, they would be

killed. Hodge also saw Hamilton, the innkeeper, who, pointing to the

Carthage Greys, said, "Hodge, there are the boys that will settle you

Mormons." Hodge replied, "We can take as many men as there are there

out of the Nauvoo Legion, and they would not be missed."

[Sidenote: Surrender of State Arms.]

When the fact of the order for the state arms was known in Nauvoo, many

of the brethren looked upon it as another preparation for a Missouri

massacre, nevertheless, as Joseph requested that it should be complied

with, they very unwillingly gave up the arms.

About 6 p.m., when all the states' arms were collected, and the company

were ready to start, Captain Dunn and Quartermaster-General Buckmaster

made a short speech, expressing their gratitude at the peaceable

conduct of the citizens of Nauvoo, and that while they thus conducted

themselves they would protect them.

It appears that Governor Ford feared that the Nauvoo Legion, although

disbanded, might avenge any outrage that might hereafter be committed

on the persons of their leaders, and so thought he had better disarm

them as he had previously disbanded them; yet the mob was suffered to

retain their portion of the state's arms, even when within a half-day's

march of Nauvoo, and they in a threatening and hostile attitude, while

the Nauvoo Legion had not {558} evinced the least disposition whatever,

except to defend their city in case it should be attacked; and they had

not set a foot outside the limits of the corporation.

[Sidenote: The Prophet's Farewell to his Family.]

Joseph rode down home twice to bid his family farewell. He appeared

solemn and thoughtful, and expressed himself to several individuals

that he expected to be murdered. There appeared no alternative but that

he must either give himself up, or the inhabitants of the city would be

massacred by a lawless mob under sanction of the Governor.

[Sidenote: Looking Back-Sadness.]

The company (about fifteen) then started again for Carthage, and when

opposite to the Masonic Hall, Joseph said, "Boys, if I don't come back,

take care of yourselves; I am going like a lamb to the slaughter."

When they passed his farm he took a good look at it, and after they

had passed it, he turned round several times to look again, at which

some of the company made remarks, when Joseph said: "If some of you

had got such a farm and knew you would not see it any more, you would

want to take a good look at it for the last time." When they got to

the edge of the woods near Nauvoo, they met A. C. Hodge returning from

Carthage. He reported to Hyrum what he had heard in Carthage, told him

what his feelings were and said, "Brother Hyrum, you are now clear, and

if it was my duty to counsel you, I would say, do not go another foot,

for they say they will kill you, if you go to Carthage," but as other

persons gathered around, nothing further was said. About this time

Joseph received the following letter:

_Letter: Messrs. Reid and Woods to Joseph Smith--Documents for

Defense_.

CARTHAGE, 5 o'clock p.m.

_General Joseph Smith_:

DEAR SIR.--In accordance with previous arrangements with Elder

Adams, I am here at your service; and it will be necessary for us

to have, on the examination here before the justice, a certified

copy of the city ordinance for the destruction of the _Expositor_

press, or a copy {559} which has been published by authority. We

also wish the original order issued by you to the marshal for the

destruction of said press, and such witnesses as may be necessary

to show by whom the press was destroyed, and that the act was not

done in a riotous or tumultuous manner.

Yours respectfully,

H. T. REID.

DEAR SIR.--I concur fully as to the above, and will add, from an

interview with Governor Ford, you can, with the utmost safety,

rely on his protection, and that you will have as impartial an

investigation as could be expected from those opposed to you. The

excitement is much allayed, and your opponents (those who wish to

make capital out of you) do not want you to come to Carthage. Mr.

Johnson has gone east, and that will account for Mr. Reed being

here.

Respectfully, your obedient servant,

JAMES W. WOOD.

CARTHAGE, 24th June, 1844.

[Sidenote: The Prophet's Arrival at Carthage.]

The company arrived at Fellows' house, four miles west of Carthage,

about 9 p.m., where they stopped about half an hour, and partook of

such refreshments as they had brought with them. Captain Dunn and his

company of mounted militia, returning with the state arms from Nauvoo,

joined them here, and escorted them into Carthage, where they arrived

at five minutes before 12 at night, and went to Hamilton's tavern.

While passing the public square many of the troops, especially the

Carthage Greys, made use of the following expressions, which were

re-echoed in the ears of the Governor and hundreds of others, "Where is

the damned prophet?" "Stand away, you McDonough boys, and let us shoot

the damned Mormons." "G--d--you, old Joe, we've got you now." "Clear

the way and let us have a view of Joe Smith, the prophet of God. He has

seen the last of Nauvoo. We'll use him up now, and kill all the damned

Mormons." The rear platoon of the Carthage Greys repeatedly threw their

guns over their heads in a curve, so that the bayonets struck the

ground with the breech of their guns upward, when {560} they would run

back and pick them up, at the same time whooping, yelling, hooting and

cursing like a pack of savages.

[Sidenote: The Governor Pacifies the Mob.]

On hearing the above expressions, the Governor put his head out of

the window and very fawningly said, "I know your great anxiety to see

Mr. Smith, which is natural enough, but it is quite too late tonight

for you to have the opportunity; but I assure you, gentlemen, you

shall have that privilege tomorrow morning, as I will cause him to

pass before the troops upon the square, and I now wish you, with this

assurance, quietly and peaceably to return to your quarters." When this

declaration was made, there was a faint "Hurrah for Tom Ford," and they

instantly obeyed his wish.

[Sidenote: The Apostates at Carthage.]

There was a company of apostates also quartered at Hamilton's

hotel--namely William and Wilson Law, the Higbees and Fosters,

Augustine Spencer, Henry O. Norton, John A. Hicks, (formerly president

of the Elder's quorum) and others. Hicks stated to C. H. Wheelock

that it was determined to shed the blood of Joseph Smith by not only

himself, but by the Laws, Higbees, Fosters, Joseph H. Jackson, and many

others, whether he was cleared by the law or not. Jackson talked freely

and unreservedly on that subject, as though he were discoursing upon

the most common occurrence of his life. Said he, you will find me a

true prophet in this respect. Wheelock told Ford what Hicks had said,

but he treated it with perfect indifference, and suffered Hicks and his

associates to run at liberty and mature their murderous plans.

A writ was also issued by Robert F. Smith against Joseph W. Coolidge

on complaint of Chauncey L. Higbee, charging him with the illegal

detention of Charles A. Foster.

Footnotes:

1. This is the title of the first _Compilation of Data_ as it appears

in the _Millennial Star,_ Vol. XXIV, p. 332. A _Second Compilation_ was

made by the Church Historian, extending from the 22nd of June to the

8th of August, 1844, at which time the Twelve were accepted for the

time as the Presiding Council of the Church; and the claims of Sidney

Rigdon rejected.

2. George A. Smith was the Historian from 1854 to 1875. Consequently

this Compilation was made under his supervision.

{561}

CHAPTER XXIX.

ARREST OF JOSEPH AND HYRUM SMITH ON A CHARGE OF TREASON--FALSE

IMPRISONMENT--ELDER TAYLOR'S PROTEST--FALSE IMPRISONMENT.

[Sidenote: The Governor's Pledge of Protection.]

_Tuesday, June 25, 1844.--_This morning the prisoners voluntarily

surrendered themselves to the constable, Mr. Bettisworth, who held the

writ against them. The Governor was at headquarters in person, and had

pledged his own faith and the faith of the state of Illinois, that the

Smiths and other persons should be protected from personal violence,

and should have a fair and impartial trial, if they would surrender

themselves to be dealt with according to law. During the Governor's

stay in Carthage, he repeatedly expressed to the legal counselors of

the Smiths his determination to protect the prisoners, and to see that

they should have a fair and impartial examination.

[Sidenote: The Arrest for Treason.]

At 8 a.m. President Smith had an interview with William G. Flood of

Quincy, U. S. Receiver of Public Moneys. While in conversation with

him, Constable David Bettisworth arrested Joseph for treason against

the state of Illinois, with the following writ, which had been granted

on the oath of Augustine Spencer:

_Writ of Arrest on the Charge of Treason--Joseph Smith_.

STATE OF ILLINOIS,

CITY OF NAUVOO. ss

_The people of the State of Illinois, to all sheriffs, coroners and

constables of said state greeting_:

Whereas complaint has been made before me, one of the justices of

{562} the peace in and for said county aforesaid, upon the oath of

Augustine Spencer, that Joseph Smith, late of the county aforesaid,

did, on or about the nineteenth day of June. A. D. 1844, at the

county and state aforesaid, commit the crime of treason against the

government and people of the State of Illinois aforesaid.

These are therefore to command you to take the said Joseph Smith

if he be found in your county, or if he shall have fled, that you

pursue after the said Smith into another county within this state,

and take and safely keep the said Joseph Smith, so that you have

his body forthwith before me to answer the said complaint and be

further dealt with according to law.

[Seal]

Given under my hand and seal this 24th day of June, A. D. 1844.

R. F. SMITH, J. P.

Hyrum Smith was also arrested at the same time for treason on the same

writ, granted on the affidavit of Henry O. Norton:

_Writ of Arrest for Treason--Hyrum Smith_.

STATE OF ILLINOIS,

HANCOCK COUNTY. ss

_The people of the State of Illinois, to all sheriffs, coroners and

constables, greeting_:

Whereas complaint has been made before me, one of the justices

of the peace, in and for the county of Hancock, upon the oath of

one Henry O. Norton, that one Hyrum Smith, late of the county of

Hancock and state of Illinois, did, on the 19th day of June, 1844,

commit the crime of treason against the government and people of

the state of Illinois aforesaid.

These are therefore to command you to take the body of the said

Hyrum Smith, if he be found in your county, or if he shall have

fled that you pursue after the said Hyrum Smith into any county

within this state, and take and safely keep the said Hyrum Smith,

so that you have his body forthwith before me, to answer unto the

said complaint, and be further dealt with according to law.

[Seal]

Given under my hand and seal, this 24th day of June. 1844.

R. F. SMITH, J. P.

[Sidenote: Governor Ford's Speech to the Troops.]

_8:30 a.m.--_Governor Ford called all the troops and ordered them to

form a hollow square on the public ground near the Court House; and

when formed, he {563} mounted an old table, and addressed them in a

most inflammatory manner, exciting the feelings of indignation against

Generals Joseph and Hyrum Smith which were already burning in their

breasts, occasioned by the falsehoods and misrepresentations that were

in circulation, giving his assent and sanction to the rumors that had

gathered them together, and stating that although they were dangerous

men in the community, and guilty of all that they might have alleged

against them, still they were in the hands of the law, which must have

its course. He continued speaking twenty or thirty minutes.

[Sidenote: The Prophet's Request for an Interview with Gov. Ford.]

_9:15 a.m.--_The Governor came in and invited Joseph to walk with

him through the troops. Joseph solicited a few moments, private

conversation with him, which the Governor refused. While refusing, the

Governor looked down at his shoes, as though he was ashamed. They then

walked through the crowd with Brigadier-General Miner R. Deming and Dr.

Richards, to General Deming's quarters. The people appeared quiet until

a company of Carthage Greys flocked around the doors of General Deming

in an uproarious manner, of which notice was sent to the Governor. In

the meantime the Governor had ordered the McDonough troops to be drawn

up in line for Joseph and Hyrum to pass in front of them, they having

requested that they might have a clear view of the Generals Smith.

Joseph had a conversation with the Governor for about ten minutes, when

he again pledged the faith of the state that he and his friends should

be protected from violence.

Robinson, the postmaster, said, on report of martial law being

proclaimed in Nauvoo, he had stopped the mail and notified the

Postmaster-General of the state of things in Hancock county.

[Sidenote: The Prophet Presented to the Troops.]

From the General's quarters Joseph and Hyrum went in front of the

lines, in a hollow square of a company of {564} Carthage Greys. At

seven minutes before ten they arrived in front of the lines, and passed

before the whole, Joseph being on the right of General Deming, and

Hyrum on his left, Elders Richards, Taylor and Phelps following. Joseph

and Hyrum were introduced by the Governor about twenty times along the

line, as General Joseph Smith and General Hyrum Smith, the Governor

walking in front on the left. The Carthage Greys refused to receive

them by that introduction, and some of the officers threw up their

hats drew their swords and said they would introduce themselves to the

damned Mormons in a different style. The Governor mildly entreated them

not to act so rudely, but their excitement increased. The Governor,

however, succeeded in pacifying them by making a speech, and promising

them that they should have "full satisfaction." General Smith and party

returned to their lodgings at five minutes past ten.

[Sidenote: Revolt of the Carthage Greys.]

_10:30.--_News reached Joseph at the hotel that the Carthage Greys had

revolted, and were put under guard by General Deming. Joseph told all

his friends to stay in the two rooms occupied by them in the hotel.

_10:50.--_Quietness was apparently restored among the Carthage Greys.

_11:15.--_News arrived that the Warsaw troops were near Carthage, and

had come of their own accord.

Mr. Prentice, U. S. Marshal for Illinois, called to see Joseph.

[Sidenote: Threats of Apostates to Plunder Nauvoo.]

_12 minutes before 1.--_Intelligence was given to Joseph that the

Laws, Higbees, Fosters and others, were going to Nauvoo to plunder. To

Governor called at the door with some gentlemen, when Joseph informed

him of what he had heard, and requested him to send a guard to protect

the city of Nauvoo.

Willard Richards wrote a letter to his wife.

{565} _1:30 p.m.--_After dinner, Mark Aldrich of Warsaw called to see

Joseph.

_2:30.--_The Governor communicated that he had ordered Captain

Singleton with a company of men from McDonough county, to march to

Nauvoo to co-operate with the police in keeping the peace; and he would

call out the Legion, if necessary.

Joseph wrote to Emma as follows:

_Letter: The Prophet to Emma Smith--Governor Ford Going to Nauvoo_.

CARTHAGE, June 25th, 1844.

2:30 o'clock p.m.

DEAR EMMA.--I have had an interview with Governor Ford, and he

treats us honorably. Myself and Hyrum have been again arrested for

treason because we called out the Nauvoo Legion; but when the truth

comes out we have nothing to fear. We all feel calm and composed.

This morning Governor Ford introduced myself and Hyrum to the

militia in a very appropriate manner, as General Joseph Smith and

General Hyrum Smith. There was a little mutiny among the Carthage

Greys, but I think the Governor has and will succeed in enforcing

the laws. I do hope the people of Nauvoo will continue pacific and

prayerful.

Governor Ford has just concluded to send some of his militia to

Nauvoo to protect the citizens, and I wish that they may be kindly

treated. They will co-operate with the police to keep the peace.

The Governor's orders will be read in the hearing of the police and

officers of the Legion, as I suppose.

_3 o'clock.--_The Governor has just agreed to march his army to

Nauvoo, and I shall come along with him. The prisoners, all that

can, will be admitted to bail. I am as ever,

JOSEPH SMITH.

EMMA SMITH.

[Sidenote: The Prophet's Warning to Rockwell.]

Joseph also sent a message to Orrin P. Rockwell not to come to

Carthage, but to stay in Nauvoo, and not to suffer himself to be

delivered into the hands of his enemies, or to be taken a prisoner by

any one.

It was reported by Israel Barlow that he had heard resolutions of the

Warsaw troops read, to the effect that they would return to Warsaw at 3

p.m., then go to Golden's Point on Thursday, and thence to Nauvoo.

[Sidenote: The Prophet's Interview with Militia Officers.]

{566}

Several of the officers of the troops in Carthage, and other gentlemen,

curious to see the Prophet, visited Joseph in his room. General Smith

asked them if there was anything in his appearance that indicated he

was the desperate character his enemies represented him to be; and

he asked them to give him their honest opinion on the subject. The

reply was, "No, sir, your appearance would indicate the very contrary,

General Smith; but we cannot see what is in your heart, neither can we

tell what are your intentions." To which Joseph replied, "Very true,

gentlemen, you cannot see what is in my heart, and you are therefore

unable to judge me or my intentions; but I can see what is in your

hearts, and will tell you what I see. I can see that you thirst for

blood, and nothing but my blood will satisfy you. It is not for

crime of any description that I and my brethren are thus continually

persecuted and harassed by our enemies, but there are other motives,

and some of them I have expressed, so far as relates to myself; and

inasmuch as you and the people thirst for blood, I prophesy, in the

name of the Lord, that you shall witness scenes of blood and sorrow to

your entire satisfaction. Your souls shall be perfectly satiated with

blood, and many of you who are now present shall have an opportunity to

face the cannon's mouth from sources you think not of; and those people

that desire this great evil upon me and my brethren, shall be filled

with regret and sorrow because of the scenes of desolation and distress

that await them. They shall seek for peace, and shall not be able to

find it. Gentlemen, you will find what I have told you to be true."

[Sidenote: Law Cannot Reach Them--Powder and Ball Must.]

_12 minutes to 4.--_Report came to Joseph that William and Wilson Law,

Robert D. Foster, Chauncey L. Higbee and Francis M. Higbee had said

_that there was nothing against these men; the law could not reach them

but powder and ball would,_ and they should not go out of Carthage

alive.

[Sidenote: Arraigned on the _Expositor_ Affair.]

{567}

Joseph, Hyrum and thirteen others, were taken before Robert F. Smith, a

justice of the peace residing in Carthage (he being also captain of the

Carthage Greys) on the charge of riot destroying the printing press of

the _Nauvoo Expositor_.

It is worthy of notice here, that when the defendants went before

Esquire Wells, the prosecution objected, and insisted that they should

be taken before the justice who issued the writ--viz., Thomas Morrison,

and that Governor Ford had also stated in his letter to General Joseph

Smith that he must go before the justice in Carthage who issued the

writ. But when the prosecution had the defendants in their own power

in Carthage, they could then ride over their own objections by taking

them before another justice, who was known to be a greater enemy to

the defendants than Justice Morrison, and moreover, before one who was

not only a justice of the peace, but also the Military commander of a

company of Carthage Greys, who had already been arrested for mutiny.

Chauncey L. Higbee, one of the prosecutors, moved an adjournment.

H. T. Reid and James W. Woods on behalf of the defendants, objected

to an adjournment, and said that the court was not authorized to

take recognizance without their acknowledging their guilt, or having

witnesses to prove it, and we admit the press was destroyed by order of

the Mayor, it having been condemned by the City Council as a nuisance.

They read law to show that justices could not recognize without

admission of guilt, and offered to give bail.

Mr. Reid stated that the law quoted by the prosecution belonged to

civil, not criminal cases.

The prosecution insisted to have a commission of the crime acknowledged.

[Sidenote: Prophet_ et. al_. Bound over to Circuit Court.]

After a good deal of resistance on the part of the prosecution, court

asked if the parties admitted that there was {568} sufficient cause

to bind over, and the counsel for the defense admitted there was,

and offered to enter into cognizance in the common form, in order to

prevent, if possible, any increase of excitement.

[Sidenote: The Sureties for the Prophet.]

_5 p.m.--_Court acknowledged the admission and ordered recognizances,

whereupon Joseph Smith, Hyrum Smith, John Taylor, William M. Phelps,

John P. Greene, Stephen C. Perry, Dimick B. Huntington, Jonathan

Dunham, Stephen Markham, Jonathan H. Holmes, Jesse P. Harmon, John

Lytle, Joseph W. Coolidge, David Harvey Redfield, and Levi Richards

gave bonds, with John S. Fullmer, Edward Hunter, Dan Jones, John

Benbow, and other unexceptionable sureties, in the sum of $500 for each

of the defendants, total $7,500, for their appearance at the next term

of the Circuit Court for Hancock county.

It was evident that the magistrate intended to overreach the wealth

of the defendants and their friends, so as to imprison them for want

of bail; but it happened that there was strength to cover the demand,

for some of the brethren went security to the full extent of their

property; and Justice Smith adjourned his court over, and left the

court house without calling on Joseph and Hyrum to answer to the charge

of treason, or even intimating to those prisoners, or their counsel

that they were expected to enter into an examination that night.

Captain Smith, the only magistrate who could grant subpoenas for

witnesses, disappeared until a late hour, as if purposely to prevent

the appearing of the defendant's witnesses, and in keeping with the

conviction expressed by Joseph's enemies the previous day, that the law

cannot touch them, but that powder and bail will.

[Sidenote: Another Warrant Sought--Daniel's Kingdom and Treason.]

_About 6:30 p.m.--_Dan Jones heard Wilson Law, whilst endeavoring to

get another warrant against Joseph Smith for treason, declare that

while he (Mr. Smith) was once preaching from Daniel 2nd chapter, 44th

verse, said that the {569} kingdom referred to was already set up, and

that he was the king over it. He also heard Joseph H. Jackson, and

other leaders of the mob, declare that they had eighteen accusations

against Joseph and as one failed, they would try another to detain him

there, and that they had had so much trouble and hazard, and worked so

hard in getting him to Carthage, that they would not let him get out of

it alive. Jackson pointed to his pistols and said, "The balls are in

there that will decide his case." Jones immediately went up stairs to

Joseph and informed him what he had heard Jackson say.

_About 7:30 p.m.--_Dr. Levi Richards and most of the brethren, after

they had signed the bonds, left for Nauvoo when Joseph and Hyrum

went into the Governor's room and spoke with him, as Governor Ford

had promised them an interview. After a few moments' conversation,

the Governor left them to order the captain of the guard to give the

brethren some passes. They then went to supper.

[Sidenote: Illegal Imprisonment of the Smith Brothers.]

_8 p.m.--_Constable Bettisworth appeared at the lodgings of Joseph and

Hyrum, and insisted that they should go to jail. Joseph demanded a copy

of the mittimus, which was refused. Messrs. Woods and Reid, as counsel,

insisted that the prisoners were entitled to be brought before a

justice of the peace for examination before they could be sent to jail.

The constable, to their surprise, then exhibited the following mittimus:

_The False Mittimus_.

STATE OF ILLINOIS,

HANCOCK COUNTY, ss.

_The people of the State of Illinois to the keeper of the jail of

said County, Greeting_:

Whereas Joseph Smith and Hyrum Smith, of the county aforesaid, have

been arrested upon oath of Augustine Spencer and Henry O. Norton,

for the crime of treason, and have been brought before me as {570}

a justice of the peace in and for the said county, for trial at the

seat of justice thereof, which trial has been necessarily postponed

by reason of the absence of the material witnesses--to wit, Francis

M. Higbee and others. Therefore, I command you, in the name of the

people, to receive the said Joseph Smith and Hyrum Smith into your

custody in the jail of the county aforesaid, there so remain until

discharged by due course of law.

[Seal]

Given under my hand and seal this 25th day of June, A. D. 1843.

(Signed)

R. F. SMITH J. P.

Joseph remonstrated against such bare-faced, illegal, and tyrannical

proceedings, but the constable still insisted that they should go to

jail. Lawyer Woods requested the officer to wait until he could see

Governor Ford, and was told by Bettisworth that he could only wait five

minutes.

[Sidenote: Governor Ford Refuses to Interfere with Illegal Proceedings.]

Joseph and Hyrum again remonstrated, and the constable waited until

about nine o'clock, when they heard by Mr. Wood that the Governor did

not think it within the sphere of his duty to interfere, as they were

in the hands of the civil law, and therefore he had not the power to

stay process, of the due course of law, and that he could not interrupt

a civil officer in the discharge of his duty.

Governor Ford knew this [proceeding] was illegal, (for he had formerly

been an associate-justice of the Supreme Court of the state) and when

he was appealed to by Captain Robert F. Smith to know what he must do,

as he had found his mittimus as a magistrate was illegal, and therefore

that it was a false committal, Governor Ford replied, "You have the

Carthage Greys at your command."_ Captain Smith_ therefore commanded

his "Greys" to execute and carry into effect his illegal mittimus as

a _magistrate,_ thus practically blending the civil and military in

the same person at the same time; and the prisoners were violently and

illegally dragged to jail without any examination whatever, while his

Excellency was in the adjoining room from that from which they {571}

were thus taken. So much for his professions that _the law must be

executed_.

Thus a justice of the peace acting as a military officer also by virtue

of his commission as such, orders his command to appear under arms

and to incarcerate the prisoners whom he had just before ordered to

commit to jail by_ mittimus without having them brought before him for

examination;_ and the Governor, having been himself at one time a judge

upon the bench, knew and well understood the illegality of the above

proceedings.

He also well knew that military power and [civil] authority had been

used by one and the same person, and yet he, acting at that time

as Commander-in-Chief, which gave him the supervision over all his

officers, and in fact made him responsible for all their acts and

movements, refused to interfere when requested by the prisoners to

interpose his authority in their behalf against an illegal civil

process, and also refused to countermand the illegal, oppressive and

unofficer-like order of one of his captains.

Moreover, having taken the oath of office, as Governor of the state

of Illinois, he was by virtue of that oath bound to see the laws

faithfully executed, and not, as in this instance, see them violated

and trodden under foot, and even prompt one of his officers in his

lawless course. Thus he violated his solemn pledges and oath of office.

[Sidenote: Elder Taylor's Remonstrance with Governor Ford.]

Elder John Taylor says, "As I was informed of this illegal proceeding,

I went immediately to the Governor and informed him of it; whether he

was apprized of it before or not I do not know, but my opinion is that

he was. I represented to him the character of the parties who had made

oath, the outrageous nature of the charge, the indignity offered to men

in the position which they [the prisoners] occupied, and that he knew

very well that it was a vexatious prosecution, and that they were not

guilty of any such thing."

The Governor replied that he was very sorry that the {572} thing had

occurred; that he did not believe the charges, but that he thought that

the best thing to be done in the premises was to let the law take its

course.

"I then reminded him that we had come out there at his instance, not to

satisfy the law, which we had done before, but the prejudices of the

people in relation to the affair of the press; that we had given bonds,

which we could not by law be required to do, to satisfy the people at

his instance, and that it was asking too much to require gentlemen in

their position in life to suffer the degradation of being immured in a

jail at the instance of such worthless scoundrels as those who had made

this affidavit.

"The Governor replied that it was an unpleasant affair, and looked

hard, but that it was a matter over which he had no control, as

it belonged to the judiciary; that he, as the executive could not

interfere with their proceedings, and that he had no doubt but that

they would be immediately dismissed.

"I told him that we had looked to him for protection from such insults,

and that I thought we had a right to do so from the solemn promises

he had made to me and Dr. Bernhisel in relation to our coming without

a guard or arms; that we had relied upon his faith and had a right to

expect him to fulfill his engagements, after we had placed ourselves

implicitly under his care, and complied with all his requests, although

extra-judicial.

"He replied that he would detail a guard, if we required it, and see us

protected, but that he could not interfere with the judiciary.

"I expressed my dissatisfaction at the course taken, and told him that

if we were to be subject to mob rule, and to be dragged contrary to law

into prison, at the instance of every infernal scoundrel whose oath

could be bought for a dram of whiskey, his protection availed very

little, and we had miscalculated his promises.

"Seeing there was no prospect of redress from the Governor, I returned

to the room and found the Constable, {573} Bettisworth, very urgent to

hurry Brothers Joseph and Hyrum to prison, whilst the brethren were

remonstrating with him.

"At the same time a great rabble was gathered in the streets and around

the door, and from the rowdyism manifested, I was afraid there was a

design to murder the prisoners on the way to the jail.

[Sidenote: Elder Taylor Takes Independent Action.]

"Without conferring with any person, my next feeling was to procure a

guard, and seeing a man habited as a soldier in the room, I went to

him and said, "I am afraid there is a design against the lives of the

Messrs. Smith, will you go immediately and bring your captain, and if

not convenient, any other captain of a company, and I will pay you well

for your trouble."

"He said he would, and departed forthwith, and soon returned with his

captain, whose name I have forgotten [1] and introduced him to me.

"I told him of my fears, and requested him immediately to fetch his

company. He departed forthwith, and arrived at the door with them, just

as the time that the constable was hurrying the brethren downstairs.

"A number of brethren went along, and one or two strangers, and all of

us safely lodged in prison, remained there during the night."

As Esquire Woods went to the door he met Captain Dunn, with some

twenty men, they having come to guard the prisoners in jail. Mr.

Woods accompanied Governor Ford to (Captain) Justice Robert F. Smith,

who gave as a cause for issuing the warrant of committal, that the

prisoners were not personally safe at the hotel. Mr. Woods then

requested the Governor to have a company of troops from some other

county detailed to guard the jail.

[Sidenote: In Carthage Jail.]

Captain Dunn, with his company, escorted Joseph and {574} Hyrum Smith

from their lodgings, together with Willard Richards, John Taylor, John

P. Greene, Stephen Markham, Dan Jones, John S. Fullmer, Dr. Southwick,

and Lorenzo D. Wasson, to the jail. Markham had a very large hickory

cane, which he called "the rascal-beater." Dan Jones had a smaller

walking-stick, and they walked on either side of Joseph and Hyrum,

keeping off the drunken rabble, who several times broke through the

ranks.

They were received by the jailer, Mr. George W. Stigall, and put

into the criminal's cell; but he afterwards gave them the debtors'

apartment, where the prisoners and their friends had amusing

conversations on various interesting subjects, which engaged them till

late. Prayer was offered, which made Carthage prison into the gate of

heaven for a while. They laid promiscuously on the floor, where they

all slept from 11:30 until 6 a.m. of the 26th.

Counselor H. T. Reid, in his published statement, writes as follows:

"The recitals of the mittimus, so far as they relate to the prisoners,

having been brought before the justice for trial, and it there

appearing that the necessary witnesses of the prosecution were absent,

are wholly untrue, unless the prisoners could have appeared before the

justice, without being present in person or by counsel; nor is there

any law of Illinois which permits a justice to commit persons charged

with crimes to jail, without examination as to the probability of their

guilt."

Footnotes:

1. This was Captain Dunn, of Augusta township, who had been sent to

Nauvoo a few days before to collect the state arms at Nauvoo, and who

afterwards escorted the Prophet and his friends into Carthage.

{575}

CHAPTER XXX.

INTERVIEW IN CARTHAGE PRISON BETWEEN GOVERNOR FORD AND THE

PROPHET--TAYLOR'S REPORT OF THE INTERVIEW--TESTIMONY TO THE EXISTENCE

OF A CARTHAGE CONSPIRACY AGAINST THE PROPHET'S LIFE.

_Wednesday, June 26, 1844; 7 a.m.--_Joseph, Hyrum, and the rest of the

brethren, took breakfast with Stigall, and were then removed to the

room upstairs.

Dr. Southwick went to see the Governor.

[Sidenote: Messages to the Governor]

_At 7:30 a.m.,_ Markham, Wasson, and Jones were severally sent by

Joseph with messages to the Governor, but at 8 a.m., got no return.

He also sent word to his counsel that he wanted a change of venue to

Quincy, Adams County.

_At 8 a.m.,_ Joseph and Hyrum had a conversation with the jailor, Mr.

Stigall, who said a week last Wednesday the mob were calculating to

have made an attack on Nauvoo, and they expected about 9000 persons,

but only about 200 came. They had sent runners to Missouri, and all

around the counties in Illinois.

_At ten minutes past 8 o'clock a.m._ Joseph wrote to Governor Ford, as

follows and sent it by Mr. Stigall:--

_Letter--Joseph Smith to Governor Ford--Soliciting an Interview_.

CARTHAGE JAIL, June 26, 1844.

Ten minutes past 8 a.m.

_His Excellency Governor Ford_:

SIR.--I would again solicit your excellency for an interview having

been much disappointed the past evening. I hope you will not

deny me this privilege any longer than your public duties shall

absolutely require.

{576} We have been committed under a false mittimus, and

consequently the proceedings are illegal, and we desire the time

may be hastened when all things shall be made right, and we

relieved from this imprisonment.

Your servant,

JOSEPH SMITH.

P. S.--Please send an answer per bearer.

[Sidenote: Word from Governor Ford.]

_At 8:30 a.m.,_ Markham and Jones returned, stating that the Governor

said he was taken by surprise last evening, and was very sorry. Was

afraid we would think he had forfeited his word about having an

interview, that the wrath of the people was about to turn on the head

of Jackson, the mob, &c. That the Governor was doing as fast as he

could.

_Twelve minutes before 9._ Received the following reply on the same

sheet:--

"The interview will take place at my earliest leisure to-day.

"GOVERNOR FORD."

[Sidenote: Consultation with Counsel]

_Ten minutes to 9._ Mr. Reid and others arrived at the jail and

investigated the merits of the case, and concluded to take a change

of venue before Justice Greenleaf, of Augusta, Hancock county, and

to send for Dr. James H. Lyon, Col. J. Brewer, Edward Bonney, M. G.

Eaton, Dr. Abiathar Williams, Thomas A. Lyne, George J. Adams, Dr. J.

M. Bernhisel, Daniel H. Wells, Daniel Spencer, Orson Spencer, Dr. J.

R. Wakefield, George P. Stiles, Jonathan Dunham, Albert P. Rockwood,

Captain G. C. Anderson, William Marks, Hiram Kimball, Lorenzo D.

Wasson, and Samuel Searles, as witnesses.

[Sidenote: Interview with Gov. Ford.]

_9:27 a.m._ The Governor, in company with Col. Thomas Geddes, arrived

at the jail, when a lengthy conversation was entered into in relation

to our difficulties; and after some preliminary remarks, at the

Governor's request Brother Joseph gave him a general outline of the

state of the country, {577} the tumultuous, mobocratic movements of our

enemies, the precautionary measures used by himself, (Joseph Smith) the

acts of the City Council, the destruction of the press, and the moves

of the mob and ourselves up to that time.

_The Following Account of this Interview is from the Manuscript

History of the Church in the Historian's Office, and not Hitherto

Published_.

Joseph Smith stated to them [Governor Ford and Col. Geddes] the

origin of the difficulty, the facts relating to the _Expositor_

press, the course pursued by the City Council; the legality, as

they thought, of their legislation; the pledges that he had made by

letter and sent by expresses to his Excellency, that he was willing

to satisfy all legal claims in case it should be shown that the

City Council had transcended their legal bounds, etc., and that

the Legion had been called out for the protection of the city,

while it was threatened with immediate hostilities by an infuriated

mob, until his Excellency could afford relief, and not for the

purpose of invasion. (The Governor seemed to be satisfied that this

was the truth, but still he did not interfere in their illegal

imprisonment). Joseph adverted to all the leading causes which

gave rise to the difficulties under consideration in a brief, but

lucid, energetic and impressive manner. The Governor said he was

satisfied it was the truth. General Smith then read copies of the

orders and proceedings of the City Council of Nauvoo, concerning

the destruction of the _Expositor_ press, and of the correspondence

forwarded to his Excellency, in relation thereto; and also informed

him concerning the calling out of the Legion, and the position they

occupied of absolute necessity, not to make war upon, or invade the

rights of any portion of the citizens of the State; but it was the

_last resort,_ and _only_ defense_, in the absence of executive

protection,_ against a large, organized military and mobocratic foe.

General Smith reminded his Excellency that the question in dispute

[the _Expositor_ case] was a _civil_ matter, and to settle which

needed no resort to arms, and that he was ready at any time, and

had always been ready to answer any charge that might be preferred

against him, either as the Lieutenant General of the Legion, the

Mayor of the City, or as a private individual, in any court of

justice, which was unintimidated by a mob or military array_, and

make all the satisfaction that the law required, if any, etc._ The

Governor said he had not called out this force; [i. e., {578} the

one then gathered at Carthage] but found it assembled in military

array, without his orders, on his arrival at Carthage, and that the

laws _must be enforced,_ but that the prisoners must and should be

protected, and he again pledged his word, and the faith and honor

of the State, that they should be protected. He also stated that he

intended to march his forces (that is, those who had assembled for

mobocratic purposes; and whom he had mustered into his service) to

Nauvoo to gratify_ them,_ and that the prisoners should accompany

them, and then return again to attend the trial before the said

magistrate, which he said had been postponed for the purpose of

making this visit. (John S. Fullmer) Joseph alluded to the coming

of Constable Bettisworth when he gave himself up, also to his offer

to go before_ any other justice of the peace,_ and called upon some

twenty bystanders to witness that he submitted to the writ, but

for fear of his life if he went to Carthage he had preferred to go

before Esq. Daniel H. Wells, a gentleman of high legal attainments,

who is in no way connected with the Mormon Church.

Joseph also said that he had sent frequent expresses and letters

to the Governor; that Dr. J. R. Wakefield, Dr. J. M. Bernhisel and

Mr. Sidney Rigdon also had written letters to the Governor; that he

had written another letter to the Governor which was sent on the

15th of June by Mr. James; that he had written again on the 16th of

June, enclosing affidavits, and sent them by Messrs. Edward Hunter,

Phillip B. Lewis and John Bills. He also read Captain Anderson's

certificate of the proceedings of the mob at Warsaw; also his

Proclamation, his orders as Lieutenant General to Major General

Dunham, the proceedings of the City Council of Nauvoo, and copies

of communications forwarded to Springfield; also his letter of the

21st of June which was sent by Dr. Bernhisel, and Mr. John Taylor,

and his letter of the 22nd, which was sent by Lucien Woodworth and

Squire Woods.

Marshal John P. Greene explained about giving passes to persons

going in and out of the city, and denied that any arrests had been

made.

The Governor referred to the trial before Esq. Wells, which did

not satisfy the feelings of the people in and about Carthage.

The Governor admitted that sufficient time had not been allowed

by the posse for the defendants to get ready, or to gather their

witnesses, said it can be very safely admitted that your statements

are true, and was satisfied now that the people of Nauvoo had acted

according to the best of their judgment.

Mr. Reid said that it was very evident from the excitement created

by Mr. Smith's enemies it would have been unsafe for him to come

to Carthage, for under such circumstances he could not have had an

impartial trial.

{579} The Governor said he came here to enforce the laws on all

the people whether Mormons or not; and then expressed his feelings

about the destruction of the _Expositor_ press.

Joseph spoke of his imprisonment in Missouri, and of the shameful

kidnapping of his witnesses, and their being thrust into prison to

prevent them from giving their testimony in his favor.

Governor Ford spoke of the Constitution.

Joseph said we were willing to pay for the press, as he did not

want the owners to suffer any loss by it, [i. e. its suppression]

neither did he wish such a libelous paper to be published in

Nauvoo. As for calling out the Nauvoo Legion, if it was intended to

resist the government of the State, it would be treason; but, as

they believed, they were endeavoring to defend themselves, and had

no such intention as to resist the government--it was all right.

The following report is by Elder John Taylor. [1]

_Elder John Taylor's Account of Governor Ford's and President

Smith's Interview_.

_Governor--_General Smith, I believe you have given me a general

outline of the difficulties that have existed in the country, in

the documents forwarded to me by Dr. Bernhisel and Mr. Taylor;

but, unfortunately, there seems to be a discrepancy between

your statements and those of your enemies. It is true that you

are substantiated by evidence and affidavit, but for such an

extraordinary excitement as that which is now in the country,

there must be some cause, and I attribute the last outbreak to

the destruction of the_ Expositor,_ and to your refusal to comply

with the writ issued by Esq. Morrison. The press in the United

States is looked upon as the great bulwark of American freedom,

and its destruction in Nauvoo was represented and looked upon as

a high-handed measure, and manifests to the people a disposition

{580} on your part to suppress the liberty of speech and of the

press; this, with your refusal to comply with the requisition of a

writ, I conceive to be the principal cause of this difficulty, and

you are, moreover, represented to me as turbulent and defiant of

the laws and institutions of your country.

_Gen. Smith.--_Governor Ford, you, sir, as Governor of this State,

are aware of the prosecutions and persecutions that I have endured.

You know well that our course has been peaceable and law-abiding,

for I have furnished this State, ever since our settlement here,

with sufficient evidence of my pacific intentions, and those of

the people with whom I am associated, by the endurance of every

conceivable indignity and lawless outrage perpetrated upon me

and upon this people since our settlement here, and you yourself

know that I have kept you well posted in relation to all matters

associated with the late difficulties. If you have not got some of

my communications, it has not been my fault.

Agreeably to your orders, I assembled the Nauvoo Legion for the

protection of Nauvoo and the surrounding country against an armed

band of marauders, and ever since they have been mustered I have

almost daily communicated with you in regard to all the leading

events that have transpired; and whether in the capacity of mayor

of the city; or lieutenant-general of the Nauvoo Legion, I have

striven to preserve the peace and administer even-handed justice

to all; but my motives are impugned, my acts are misconstrued, and

I am grossly and wickedly misrepresented. I suppose I am indebted

for my incarceration here to the oath of a worthless man that was

arraigned before me and fined for abusing and maltreating his lame,

helpless brother.

That I should be charged by you, sir, who know better, of acting

contrary to law, is to me a matter of surprise. Was it the Mormons

or our enemies who first commenced these difficulties? You know

well it was not us; and when this turbulent, outrageous people

commenced their insurrectionary movements, I made you acquainted

with them, officially, and asked your advice, and have followed

strictly your counsel in every particular.

Who ordered out the Nauvoo Legion? I did, under your direction.

For what purpose? To suppress these insurrectionary movements. It

was at your instance, sir, that I issued a proclamation calling

upon the Nauvoo Legion to be in readiness, at a moment's warning,

to guard against the incursions of mobs, and gave an order to

Jonathan Dunham acting major-general, to that effect. Am I then

to be charged for the acts of others; and because lawlessness and

mobocracy abound, am I when carrying out your instructions, to be

charged with not abiding the {581} law? Why is it that I must be

held accountable for other men's acts? If there is trouble in the

country, neither I nor my people made it, and all that we have ever

done, after much endurance on our part, is to maintain and uphold

the Constitution and institutions of our country, and to protect an

injured, innocent, and persecuted people against misrule and mob

violence.

Concerning the destruction of the press to which you refer, men may

differ somewhat in their opinions about it; but can it be supposed

that after all the indignities to which we have been subjected

outside, that this people could suffer a set of worthless vagabonds

to come into our city, and right under our own eyes and protection,

vilify and calumniate not only ourselves, but the character of our

wives and daughters, as was impudently and unblushingly done in

that infamous and filthy sheet? There is not a city in the United

States that would have suffered such an indignity for twenty-four

hours.

Our whole people were indignant, and loudly called upon our city

authorities for redress of their grievances, which, if not attended

to they themselves would have taken the matter into their own

hands, and have summarily punished the audacious wretches, as they

deserved.

The principles of equal rights that have been instilled into our

bosoms from our cradles, as American citizens, forbid us submitting

to every foul indignity, and succumbing and pandering to wretches

so infamous as these. But, independent of this, the course that we

pursued we considered to be strictly legal; for, notwithstanding

the insult we were anxious to be governed strictly by law, and

therefore convened the City Council; and being desirous in our

deliberations to abide law, summoned legal counsel to be present on

the occasion.

Upon investigating the matter, we found that our City Charter

gave us power to remove all nuisances; and, furthermore, upon

consulting Blackstone upon what might be considered a nuisance,

that distinguished lawyer, who is considered authority, I believe,

in all our courts, states, among other things, that a libelous and

filthy press may be considered a nuisance, and abated as such.

Here, then one of the most eminent English barristers, whose works

are considered standard with us, declares that a libelous press

may be considered a nuisance; and our own charter, given us by the

legislature of this State, gives us the power to remove nuisances;

and by ordering that press abated as a nuisance, we conceived that

we were acting strictly in accordance with law. We made that order

in our corporate capacity, and the City Marshal carried it out. It

is possible {582} there may have been some better way, but I must

confess that I could not see it.

In relation to the writ served upon us, we were willing to abide

the consequences of our own acts, but were unwilling, in answering

a writ of that kind, to submit to illegal exactions sought to be

imposed upon us under the pretense of law, when we knew they were

in open violation of it.

When that document was presented to me by Mr. Bettisworth, I

offered, in the presence of more than 20 persons, to go to any

other magistrate, either in our city of Appanoose, or any other

place where we should be safe, but we all refused to put ourselves

into the power of a mob.

What right had that constable to refuse our request? He had none

according to law; for you know, Governor Ford, that the statute

law in Illinois is, that the parties served with the writ shall

go before him who issued it, or some other justice of the peace.

Why, then, should we be dragged to Carthage, where the law does

not compel us to go? Does not this look like many others of our

prosecutions with which you are acquainted? And had we not a right

to expect foul play?

This very act was a breach of law on his part--an assumption of

power that did not belong to him, and an attempt, at least, to

deprive us of our legal and constitutional rights and privileges.

What could we do under the circumstances different from what we

did do? We sued for, and obtained a writ of _habeas corpus_ from

the Municipal Court, by which we were delivered from the hands of

Constable Bettisworth, and brought before and acquitted by the

Municipal Court.

After our acquittal, in a conversation with Judge Thomas, although

he considered the acts of the party illegal, he advised, that to

satisfy the people, we had better go before another magistrate who

was not in our Church.

In accordance with his advice we went before Esq. Wells, with whom

you are well acquainted; both parties were present, witnesses were

called on both sides, the case was fully investigated, and we were

again dismissed.

And what is this pretended desire to enforce law, and these lying,

base rumors put into circulation for, but to seek, through mob

influence, under pretense of law, to make us submit to requisitions

that are contrary to law, and subversive of every principle of

justice?

And when you, sir, required us to come out here, we came, not

because it was legal, but because you required it of us, and we

were desirous of showing to you and to all men that we shrunk not

from the most rigid investigation of our acts.

{583} We certainly did expect other treatment than to be immured

in a jail at the instance of these men, and I think, from your

plighted faith, we had a right to, after disbanding our own forces,

and putting ourselves entirely in your hands; and now, after having

fulfilled my part, sir, as a man and an American citizen, I call

upon you, Governor Ford, and think I have a right to do so, to

deliver us from this place, and rescue us from this outrage that is

sought to be practiced upon us by a set of infamous scoundrels.

_Gov. Ford--_But you have placed men under arrest, detained men as

prisoners, and given passes to others, some of which I have seen.

_John P. Greene, City Marshal--_Perhaps I can explain. Since these

difficulties have commenced, you are aware that we have been placed

under very peculiar circumstance, our city has been placed under a

very rigid police guard; in addition to this, frequent guards have

been placed outside the city to prevent any sudden surprise, and

those guards have questioned suspected or suspicious persons as to

their business.

To strangers, in some instances, passes have been given, to prevent

difficulty in passing those guards. It is some of those passes that

you have seen. No person, sir, has been imprisoned without a legal

cause in our city.

_Gov.--_Why did you not give a more speedy answer to the _posse_

that I sent out?

_Gen. Smith.--_We had matters of importance to consult upon. Your

letter showed anything but an amicable spirit. We have suffered

immensely in Missouri from mobs, in loss of property, imprisonment,

and otherwise.

It took some time for us to weigh duly these matters. We could not

decide upon the matters of such importance immediately, and your

_posse_ were too hasty in returning. We were consulting for a large

people, and vast interests were at stake.

We had been outrageously imposed upon, and knew not how far we

could trust anyone; besides, a question necessarily arose, how

shall we come? Your request was that we should come unarmed. It

became a matter of serious importance to decide how far promises

could be trusted, and how far we were safe from mob violence.

_Geddes--_It certainly did look from all I have heard, from the

general spirit of violence and mobocracy that here prevails, that

it was not safe for you to come unprotected.

_Gov.--_I think that sufficient time was not allowed by the _posse_

for you to consult and get ready. They were too hasty; but I

suppose they found themselves bound by their orders. I think, too,

there is a {584} great deal of truth in what you say, and your

reasoning is plausible; yet, I must beg leave to differ from you

in relation to the acts of the City Council. That council in my

opinion, had no right to act in a legislative capacity, and in that

of the judiciary.

They should have passed a law in relation to the matter, and then

the Municipal Court, upon complaint, could have removed it; but for

the City Council to take upon themselves the law-making and the

execution of the laws, in my opinion, was wrong; besides, these men

ought to have had a hearing before their property was destroyed; to

destroy it without was an infringement of their rights; besides, it

is so contrary to the feelings of the American people to interfere

with the press.

And furthermore, I cannot but think that it would have been more

judicious for you to have gone with Mr. Bettisworth to Carthage,

notwithstanding the law did not require it. Concerning your being

in jail, I am sorry for that, I wish it had been otherwise. I hope

you will soon be released, but I cannot interfere.

_Joseph Smith--_Governor Ford, allow me, sir, to bring one thing

to your mind, that you seem to have overlooked. You state that you

think it would have been better for us to have submitted to the

requisition of Constable Bettisworth, and to have gone to Carthage.

Do you not know, sir, that that writ was served at the instance of

an anti-Mormon mob, who had passed resolutions and published them

to the effect that they would exterminate the Mormon leaders; and

are you not informed that Captain Anderson was not only threatened

when coming to Nauvoo, but had a gun fired at his boat by this

said mob at Warsaw, when coming up to Nauvoo, and that this very

thing was made use of as a means to get us into their hands, and we

could not, without taking an armed force with us, go there without,

according to their published declarations, going into the jaws of

death?

To have taken a force would only have fanned the excitement,

as they would have stated that we wanted to use intimidation,

therefore we thought it the most judicious to avail ourselves of

the protection of the law.

_Gov.--_I see, I see.

_Joseph Smith--_Furthermore, in relation to the press, you say that

you differ with me in opinion; be it so, the thing after all is a

legal difficulty, and the courts I should judge competent to decide

on that matter.

If our act was illegal, we are willing to meet it; and although

I cannot see the distinction that you draw about the acts of the

City Council, and what difference it could have made in point of

fact, law, or justice, between the City Council's acting together

or separate, or how {585} much more legal it would have been for

the Municipal Court, who were a part of the City Council, to act

separate, instead of with the councilors.

Yet, if it is deemed that we did a wrong in destroying that press,

we refuse not to pay for it. We are desirous to fulfill the law in

every particular, and are responsible for our acts.

You say that the parties ought to have had a hearing. Had it been

a civil suit, this of course would have been proper; but there was

a flagrant violation of every principle of right, a nuisance, and

it was abated on the same principle that any nuisance, stench, or

putrified carcass would have been removed.

Our first step, therefore, was to stop the foul, noisome, filthy

sheet, and then the next, in our opinion, would have been to have

prosecuted the men for a breech of public decency.

And furthermore, again, let me say, Governor Ford, I shall look

to you for our protection. I believe you are talking of going to

Nauvoo; if you go, sir, I wish to go along. I refuse not to answer

any law, but I do not consider myself safe here.

_Gov._ I am in hopes that you will be acquitted; but if I go, I

will certainly take you along. I do not, however, apprehend danger.

I think you are perfectly safe, either here or anywhere else. I

cannot, however, interfere with the law. I am placed in peculiar

circumstances and seem to be blamed by all parties.

_Joseph Smith--_Governor Ford, I ask nothing but what is legal,

I have a right to expect protection at least from you; for,

independent of law, you have pledged your faith, and that of the

State, for my protection, and I wish to go to Nauvoo.

_Gov.--_And you shall have protection, General Smith. I did not

make this promise without consulting my officers, who all pledged

their honor to its fulfillment. I do not know that I shall go

tomorrow to Nauvoo, but if I do, I will take you along. [2]

{586} _10:15 a.m.--_The Governor left after saying that the prisoners

were under his protection, and again pledging himself that they should

be protected from violence, and telling them that if the troops marched

the next morning to Nauvoo, as he then expected, they should probably

be taken along, in order to insure their personal safety, with how much

sincerity may be seen by the following affidavits:--

_Affidavit--Alfred Randall--Threats against the Prophet's life in

Carthage_.

TERRITORY OF UTAH,

GREAT SALT LAKE CITY. ss

Personally appeared before me, Thomas Bullock, Recorder of Great

Salt Lake County, Alfred Randall, who deposes and says, that about

ten o'clock on the morning of the (26th) twenty sixth day of June,

one thousand eight hundred and forty-four, he was in Carthage,

Hancock county, Illinois, and as the troops, under Governor Thomas

Ford, were in squads around the square, he went up to several

of them, and heard one of the soldiers say: "When I left home I

calculated a see old Joe dead before I returned," when several

others said, "So did I," "So did I," and "I'll be damned if I

don't," was the general reply.

One fellow then spoke up and said "I shouldn't wonder if there is

some damned Mormon hearing all we have to say." Another who stood

next to Randall, replied, "If I knew there was, I would run him

through with my bayonet."

In a few minutes Randall went to another crowd of soldiers, and

heard one say, "I guess this will be the last of old Joe." From

there Randall went to Hamilton's Hotel, where Governor Thomas Ford

was standing by the fence side, and heard another soldier tell

Governor Thomas Ford, "The soldiers are determined to see Joe Smith

dead before they leave here." Ford replied, "If you know of any

such thing keep it to yourself."

In a short time Randall started for his own home, stayed all night,

and arrived in Nauvoo on the twenty-seventh of June, when Governor

{587} Ford was making his notorious speech to the citizens. And

further this deponent saith not.

ALFRED RANDALL.

Subscribed and sworn to before me this twelfth day of February, one

thousand eight hundred and fifty-five.

THOMAS BULLOCK,

Recorder, Great Salt Lake County.

_Affidavit--Jonathan C. Wright--Conspiracy against the Prophet's

Life at Carthage_.

On the 26th day of June, A. D. 1844, near the mansion in the city

of Nauvoo, I fell in company with Col. Enoch C. March and Geo. T.

M. Davis, Esq.. from Alton, Illinois, editor of the_ Telegraph_,

who had just arrived from Carthage, where they said they had been

for some days, in company with Governor Ford and others, in council

upon the subject of the arrest and trial of Joseph and Hyrum Smith,

who were then prisoners in the county jail in Carthage.

After considerable conversation between myself and them on the

subject of the Mormon religion, and the reasons why I had embraced

that faith, and renounced my former religious discipline--viz, that

of the Methodists, Mr. March asked me what I thought of Joe Smith,

and if I had any hopes of his return to Nauvoo in safety.

I answered that I knew Joseph Smith was a true Prophet of the

living God, as good and virtuous a man as ever lived upon the

earth; that the Book or Mormon was true as holy writ, and was

brought forth precisely in the way and manner it purported to be,

by the gift and power of the Lord Almighty, and from no other

source; and that the revelations he had received and published were

eternal truth, and heaven and earth would pass away before one

jot or tittle of the same should fail, and all that he pretended

and testified to concerning the ministration of holy angels from

the heavens to him, the Urim and Thummim, the voice of God, his

correspondence with the heavens, was the truth and nothing but the

truth; and that in relation to his return I had no doubt but that

he would be honorably discharged upon his trial by the court, and

would be preserved in safety from the power of his enemies; that he

was in the hands of his God, whom he loved and faithfully served;

and He, who held the destinies of nations in His own hands, would

deliver him from his enemies, as He had done hundreds of times

before.

Col. March replied, "Mr. Wright, you are mistaken, and I know it;

you do not know what I know; I tell you they will kill Joe Smith

before he leaves Carthage, and I know it, and you never will see

him alive {588} again." Said I, "Enoch, I do not believe it, he is

in the hands of God, and God will deliver him." Says he, "I know

better; when you hear of him again, you will hear he is dead, and I

know it. The people at Carthage wanted permission from the Governor

to kill you all and burn up your city, and Ford (the Governor)

asked me if I thought it was best to suffer it. I replied, "No,

no, for God's sake, Ford, don't suffer it, that will never do, no

never. Just see for a moment, Ford, what that would do; it would

be the means of murdering thousands of innocent men, women and

children, and destroying thousands of dollars' worth of property,

and that would never do, it would not be sanctioned, it would

disgrace the nation. You have now got the principle men here under

your own control, they are all you want, what more do you want?

When they are out of the way the thing is settled, and the people

will be satisfied, and that is the easiest way you can dispose of

it; and Governor Ford concluded upon the whole that was the best

policy, and I know it will be done."

MAYOR'S OFFICE, GREAT SALT LAKE CITY, UTAH

TERRITORY,

Jan. 13th, A. D. 1855.

Personally appeared before me, Jedediah M. Grant, Mayor of said

City, Jonathan Calkins Wright, who being duly sworn, deposeth and

saith that the foregoing statement contained in his report of the

conversation between himself and Enoch C. March, in presence of

Geo. T. M. Davis, Esq., on the 26th day of June, 1844, in the city

of Nauvoo, is true to the best of his knowledge and belief; and

further this deponent saith not.

JONATHAN CALKINS WRIGHT.