THE PROPHET IN SECLUSION--CORRESPONDENCE WITH WILSON LAW--COMPANIONSHIP
OF THE PROPHET AND HIS WIFE, EMMA SMITH--THE PROPHET'S APPRECIATION OF
HIS FRIENDS.
_Tuesday, August 9_.--In company with Judge Ralston and Lawyer Powers,
preparing for the return of the sheriff; prepared a writ of habeas
corpus for the master in chancery.
_Wednesday, 10_.--The deputy sheriff returned to Nauvoo, but I was
absent and he did not see me, nor Brother Rockwell. He endeavored
to alarm my wife and the brethren with his threats, if I was not
forthcoming, but they understood the law in such cases, and his threats
proved harmless.
_Thursday, 11_.--This forenoon Brother William Law entered into
conversation with the sheriff on the illegality of the whole
proceedings in reference to the arrest, when the sheriff acknowledged
that he believed Joseph was innocent, and that Governor Carlin's course
which he had pursued, was unjustifiable and illegal.
[Sidenote: Meeting of the Prophet with Confidential Friends.]
I spent the day at Uncle John Smith's in Zarahemla, and sent word that
I wished to see Emma, Brothers Hyrum Smith, William Law and others,
with instructions to meet me on the island between Nauvoo and Montrose.
After dark, Emma, Hyrum, William Law, Newel K. Whitney, George Miller,
William Clayton, and Dimick Huntington, met at the waterside near
the brick store, and proceeded in a skiff between the islands until
they arrived near the lower {90} end; and then hailed to shore. After
waiting a very little while, the skiff arrived from the opposite shore,
and in it were myself, and Brother Erastus H. Derby. A council was then
held in the skiffs, and various statements set forth in regard to the
state of things. It was reported that the governor of Iowa had issued
a warrant for my apprehension, and that of Orrin P. Rockwell, and that
the sheriff of Lee county was expected down immediately; very strong
evidence was also manifested that Governor Reynolds of Missouri was not
acquainted with these proceedings; that ex-Governor Boggs had made oath
before a justice of the peace or a judge, and that the judge had made
the requisition, and not Governor Reynolds, also that the writ issued
by Carlin was illegal and unjustifiable. It is absolutely certain
that the whole business is another glaring instance of the effects of
prejudice against me as a religious teacher, and that it proceeds from
a persecuting spirit, the parties have signified their determination to
have me taken to Missouri, whether by legal or illegal means. It was
finally concluded that I should be taken up the river in a skiff, and
be landed below Wiggan's farm, so called, and that I should proceed
from thence to Brother Edward Sayers, and there abide for a season.
This being concluded upon, we separated, myself and Brother Derby being
rowed up the river by Brother Dunham, and the remainder crossed over to
Nauvoo. It was agreed that Brother Albert P. Rockwood should proceed
up the river on shore to the place where the skiff should stop, and
there light up two fires as a signal for a stopping place. After the
boat had proceeded some distance above the city, a fire was discovered
on shore. We concluded that it was the signal and immediately rowed
towards shore. When near the shore one of the company hailed a person
on the banks, but received a very unsatisfactory answer, whereupon we
turned about and put to the channel, and upon coming near the middle of
the {91} river, discovered two fires a little higher up the stream. We
immediately steered towards the fires and were happy to find Brother
Rockwood awaiting our arrival. We then proceeded through the timber
to Brother Sayers' house, where we were very kindly received and made
welcome.
Judge Ralston and Lawyer Powers departed, each for home, expressing
their perfect willingness to aid us in every possible manner. Judge
Ralston also promised to ascertain the state of affairs in Quincy, and
give us the earliest information.
[Sidenote: State of Things in Iowa.]
_Friday, 12_.--This forenoon it appeared still more evident that the
whole course of proceedings by Governor Carlin and others was illegal.
After some consultation with Brother William Law, Emma concluded to
dispatch a messenger with a letter to Lawyer Powers, of Keokuk, to
request him to go to Burlington, Iowa Territory, and there see the
governor of Iowa, and endeavor to ascertain whether Governor Reynolds
had made any requisition on him for myself and Rockwell. William Walker
proceeded to cross the river on my horse, "Joe Duncan," in sight of a
number of persons--one chief design in this movement was to draw the
attention of the sheriffs and public from all idea that I was on the
Nauvoo side of the river.
At night William Clayton and John D. Parker, left Nauvoo after dark,
and came to see me, and found me cheerful and in good spirits.
[Sidenote: Efforts to Throw the Prophet off his Guard.]
_Saturday, 13_.--This forenoon Brother Hyrum received a letter from
Elder Hollister at Quincy, stating that Governor Carlin had said that
his proceedings were illegal and he should not pursue the subject any
further. The letter also stated that Ford (the agent to receive me from
the hands of the sheriff and carry me to Missouri) had concluded to
take the first boat and start home; and that he was going to fetch a
force from Missouri. All this, my friends thought, was only a scheme
got up for the purpose {92} of throwing us off our guard, that they
might come unexpectedly, kidnap, and carry me to Missouri.
[Sidenote: Visit of Emma to the Prophet.]
I had sent a request to Emma to come to see me, and she concluded to
start in the carriage, but while it was preparing, it attracted the
attention of the sheriff who kept a close watch of all movements. To
avoid suspicion, Emma walked to Sister Durphy's and waited the arrival
of the carriage which passed off down the river with William Clayton
and Lorin Walker, with raised curtains, receiving Emma by the way,
without any discovery by the sheriff; when about four miles down the
river, the carriage turned on the prairie and passing around the city,
turned into the timber opposite Wiggan's farm, when Emma alighted and
walked to Brother Sayers', and the carriage returned. I was in good
spirits, although somewhat afflicted in body, and was much rejoiced to
meet my dear wife once more.
A report came over the river to the following effect:
There are several small companies of men in Montrose, Nashville,
Keokuk, &c., in search of Joseph, they saw his horse go down the
river yesterday, and were confident he was on that side. They
swear they will have him. It is said there is a reward of thirteen
hundred dollars offered for the apprehension and delivery of Joseph
and Rockwell, and this is supposed to have induced them to make
search. The sheriff and deputy have uttered heavy threats several
times; saying that if they could not find Joseph they would lay the
city in ashes. They say they will tarry in the city a month, but
what they will find him.
Great freshet in Virginia, Indian murders in Florida, and riots in
Canada are reported in this day's _Wasp_.
_Sunday, 14_.--Spent the forenoon chiefly in conversation with Emma on
various subjects, and in reading my history with her--both felt in good
spirits and very cheerful. Wrote the following letter to Wilson Law
(who was officially reported to have been duly elected to the Office of
major-general of the Nauvoo Legion) as follows:
{93} _Letter of the Prophet to Wilson Law--Directing the Latter How
to Proceed on Certain Contingencies Arising_.
HEADQUARTERS OF NAUVOO LEGION, August 14, 1842.
_Major-General Law_:
DEAR GENERAL:--I take this opportunity to give you some
instructions how I wish you to act in case our persecutors should
carry their pursuits so far as to tread upon our rights as
free-born American citizens. The orders which I am about to give
you, are the result of a long series of contemplations since I
saw you. I have come fully to the conclusion both since this last
difficulty commenced as well as before, that I never would suffer
myself to go into the hands of the Missourians alive, and to go
into the hands of the officers of this state is nothing more or
less than to go into the hands of the Missourians; for the whole
farce has been gotten up unlawfully and unconstitutionally, as well
on the part of the Governor as others, by a mob spirit, for the
purpose of carrying out mob violence, to carry on mob intolerance
in a religious persecution. I am determined, therefore, to keep
out of their hands, and thwart their designs, if possible, that
perhaps they may not urge the necessity of force and bloodshed
against their own fellow citizens, and loyal subjects [of the
state], and become ashamed and withdraw their pursuits. But if they
should not do this, and shall urge the necessity of force; and if
I by any means should be taken, these are therefore to command you
forthwith, without delay, regardless of life or death, to rescue me
out of their hands. And further, to treat any pretensions to the
contrary, unlawful and unconstitutional, and as a mob got up for
the purpose of a religious persecution to take away the rights if
men.
And further that our chartered rights and privileges shall be
considered by us as holding the supremacy in the premises, and
shall be maintained. Nothing short of the Supreme Court of this
State having authority to disannul them; and the Municipal Court
having jurisdiction in my case. You will see, therefore, that
the peace of the city of Nauvoo is kept, let who will endeavor
to disturb it. You will also see, that whenever any mob force,
or violence is used on any citizen thereof, or that belongeth
thereunto, you will see that that force or violence, is immediately
dispersed and brought to punishment; or meet it, or contest it,
at the point of the sword with firm, undaunted and unyielding
valor; and let them know that the spirit of old Seventy-Six and of
Washington yet lives, and is contained in the bosoms and blood of
the children of the fathers. If there are any threats in the city,
let legal steps be taken against them; and let no man, woman or
child be intimidated, or suffer it to be done. Nevertheless, as
I said in the first place, we will take every measure that lays
in our power, and {94} make every sacrifice that God or man could
require at our hands to preserve the peace and safety of the people
without collision. And if sacrificing my own liberty for months and
years without stooping to the disgrace of Missouri persecutions
and violence, and Carlin's misrule and corruption. I bow to my
fate with cheerfulness, and all due deference in consideration of
the lives, safety and welfare of others. But if this policy cannot
accomplish the desired object let our charter and municipality,
free trade, and sailor's rights be our motto, and go-ahead David
Crocket like, and lay down our lives like men, and defend ourselves
to the best advantage we can to the very last. You are therefore
hereby authorized and commanded by virtue of the authority which I
hold, and commission granted me by the executive of this state, to
maintain the very letter and spirit of the above contents of this
letter to the very best of your ability; to the extent of our lives
and our fortunes, and to the lives and fortunes of the Legion; as
also all those who may volunteer their lives and fortunes with
ours; for the defense of our wives and children, our fathers and
our mothers; our homes, our grave yards and our tombs; and our dead
and their tombstones, and our dear bought American liberties, with
the blood of our fathers and all that is dear and sacred to men.
Shall we shrink at the onset? No! Let every man's brow be as
the face of a lion; let his breast be as unshaken as the mighty
oak, and his knee confirmed as the sapling of the forest: and by
the voice and loud roar of the cannon; and the loud peals and
thundering of artillery; and by the voice of the thunderings of
heaven as upon Mount Sinai; and by the voice of the heavenly hosts;
and by the voice of the eternal God; and by the voice of innocent
blood; and by the voice of innocence; and by the voice of all that
is sacred and dear to man, let us plead the justice of our cause;
trusting in the arm of Jehovah, the Eloheim, who sits enthroned in
the heavens; that peradventure He may give us the victory; and if
we bleed, we shall bleed in a good cause, in the cause of innocence
and truth; and from henceforth will there not be a crown of glory
for us? And will not those who come after hold our names in sacred
remembrance? And will our enemies dare to brand us with cowardly
reproach?
With these considerations, I subscribe myself, yours most
faithfully and respectfully, with acknowledgments of your high and
honored trusts as Major-General of the Nauvoo Legion.
JOSEPH SMITH,
Mayor of the City of Nauvoo, and Lieutenant-General of the Nauvoo
Legion, of Illinois Militia.
P.S.--I want you to communicate all the information to me of all
the transactions as they are going on daily, in writing, by the
hands of my {95} aides-de-camp. As I am not willing that anything
that goes from my hand to you should be made a public matter,
I enjoin you to keep all things in your own bosom; and I want
everything that comes from you to come through my aides. The bearer
of this will be able to pilot them in a way that will not be
prejudicial to my safety.
JOSEPH SMITH.
[Sidenote: The Departure of Emma for Nauvoo.]
I gave the foregoing letter to Emma with a charge to deliver it to
General Law tomorrow. After considerable conversation on various
subjects, and partaking of dinner Emma, accompanied by Brothers Derby
and Clayton started for Nauvoo. The morning had been very wet, and
the roads were very muddy. It was difficult walking--they proceeded
to the river and entered a skiff, in which they proceeded across the
river, and then down the side of the islands--soon after they got on
the water, the wind began to blow very hard, and it was with much
difficulty and apparent danger that they could proceed; but they
continued on, and after considerable toil arrived opposite the city of
Nauvoo--they went between the islands and crossed over the river to
Montrose. As soon as they landed the wind abated, and was nearly calm.
Brother Derby wanted to return up the river without the additional toil
of crossing to Nauvoo--they met with Brother Ivins' skiff just about to
go over to Nauvoo, they got into that skiff and left Brother Derby to
return at his own leisure. Before they could get over the wind arose
again considerably, but they arrived safe home about six o'clock in the
evening, where they found Mr. Powers from Keokuk, who had just returned
from Burlington. While there he ascertained that there was no writ
issued in Iowa for me.
The people inquired "if it was not true that Joseph had been
commissioned by the United States to visit the Indians and negotiate
with them for a tract of land," such being the report in circulation.
Mr. Powers answered that he "was not authorized to assert that the
report was {96} true, but he thought that it was not only possible, but
probable;" but in this Mr. Powers was mistaken.
_Monday, 15_.--This forenoon several reports were in circulation in
the city, that the militia are on their way here, and the same is said
to have been stated by the stage driver, but it is supposed that it
is only a scheme to alarm the citizens. Emma presented the foregoing
letter to Major-General Law, to which he responded as follows:
_Letter of Wilson Law to the Prophet, Expressing Willingness to
Carry out the Latter's Instructions_.
NAUVOO CITY, ILLINOIS, August 15, Afternoon, 1842.
_Lieutenant-General Joseph Smith:_
DEAR FRIEND:--I this morning received a line from you, by the young
man (Walker) respecting the guns, &c. One of them is in the stone
shop by the Nauvoo house. One I expect to get put into Mr. Ivins'
barn, and the other I cannot get under lock and key in any place I
know of yet, but I will have them taken the best care of that I can.
I have also received from the hand of your lady your orders at
length respecting matters and things, and I am happy indeed to
receive such orders from you, for your views on these subjects
are precisely my own. I do respond with my whole heart to every
sentiment you have so nobly and so feelingly expressed, and while
my heart beats, or this hand which now writes is able to write
and wield a sword, you may depend on it being at your service in
the glorious cause of liberty and truth, and ready in a moment's
warning to defend the rights of man, both civil and religious.
Our common rights and peace is all we ask, and we will use every
peaceable means in our power to enjoy these; our rights we must
have, peace we must have if we have to fight for it.
There has nothing worthy of notice come to my knowledge today, the
gentlemen officers are seemingly very unhappy and out of humor
with themselves more than with anybody else. They see we have the
advantage of them and that they cannot provoke us to break the law;
and I think they know if they do that, we will use them up the
right way. I guess they see that in our patience we possess our
souls, and I know that if they shed, or cause to be shed, a drop
of blood, of one of the least amongst us, that the lives of the
transgressors shall atone for it, with the help of our God.
I send you the ordinance that was passed by the court martial on
{97} Saturday last, for your approval or otherwise, as it cannot
become a law without your approbation. I also send you the returns
of the election for Major-General, as you ordered the election, you
will please order the war secretary of the Legion (Colonel Sloan)
to send for a commission.
With the warmest feelings of my heart, I remain most respectfully
yours,
WILSON LAW.
P.S.--Afternoon, 6 o'clock, I have just learned that Mr. Pitman got
a letter about noon and got ready immediately, and started off, as
he said for Carthage, but I think for Quincy, giving it up for a
bad job.
W. L.
[Sidenote: Unfriendly Spirit at Carthage.]
About dark Brother Woolley returned from Carthage and stated that he
had conversed with Chauncey Robinson, who informed him that he had
ascertained that the sheriffs were determined to have me, and if they
could not succeed themselves they would bring a force sufficient to
search every house in the city, and if they could not find me there,
they would search the state, &c.
As before stated, the sheriffs left the city, about four o'clock,
saying they were going to Carthage, but Brother Woolley did not meet
them on the road. It is believed they are gone to Quincy.
[Sidenote: Calmness and Courage of the Prophet.]
In consequence of these reports it was considered wisdom that some of
the brethren should go and inform me. Accordingly about nine o'clock
Hyrum Smith, George Miller, William Law, Amasa Lyman, John D. Parker,
Newel K. Whitney and William Clayton started by different routes on
foot and came to the place where I was. When the statement was made to
me I proposed to leave the city, suspecting I was no longer safe, but
upon hearing the whole statement from those present I said I should not
leave my present retreat yet, I did not think I was discovered, neither
did I think I was any more unsafe than before. I discovered a degree
of excitement and agitation manifested {98} in those who brought the
report, and I took occasion to gently reprove all present for letting
report excite them, and advised them not to suffer themselves to be
wrought upon by any report, but to maintain an even, undaunted mind.
Each one began to gather courage, and all fears were soon subsided,
and the greatest union and good feeling prevailed amongst all present.
Various subjects then were conversed upon, and counsel given which was
felt to be most seasonable and salutary. After conversing awhile in the
grove the company retired into the house and sat and conversed until
about two o'clock, at which time they departed, evidently satisfied and
much encouraged by the interview.
A great whirlwind at Chauffailes, France. Thirty houses were carried
away, and over twenty persons killed. Six hundred houses with all they
contained were burned at Ursel, Russia.
The following editorial appeared in the _Times and Seasons_:
PERSECUTION.
"If ye will live godly in Christ Jesus, ye shall suffer
persecution," was the solemn proclamation made by one of the
ancient servants of God; a prophecy that has received its
fulfillment in all ages, that has been known and understood by all
Saints, and that has been engraven upon the memories of all the
faithful; for while blood, and fire, and sword, and torture, have
been brought into requisition against the Saints; whilst chains,
and fetters and death have been employed, and their sighings and
mournings have been wafted on the wings of the wind; their solitary
hours and midnight cries; their distress and calamity have been
disregarded. This eternal truth has re-echoed in their ears; it has
touched their inmost soul; has been written on the tablet of their
hearts--"if ye will live godly in Christ Jesus, ye shall suffer
persecution."
Ever since the formation of the Church of Jesus Christ of
Latter-day Saints, calumny, reproach and persecution have flown
plentifully into their lap--detraction, slander, falsehood, and
misrepresentation have been gratuitously heaped upon them; they
have been assailed by vexatious law suits, organized mobs, and
illegally treated by militia; they have been imprisoned, whipped,
tarred and feathered, and driven from {99} their homes; they have
had their property confiscated, and have suffered banishment, exile
and death for their religion.
Missouri has been one of the principal actors in the scene; she
has made many a wife a widow, and many a child an orphan. The
tears of the oppressed have plentifully watered her soil; the
cries of her robbed and spoiled have rung through her valleys,
and been re-echoed from hill to hill; many a weary pilgrim borne
down with oppression and weary of life has laid himself down to
sleep in the arms of death, while the blood of the innocent has
drenched her soil. And never till the trump of God shall sound,
the sleeping dead shall arise, the books be opened and the secret
history of peoples and nations be unfolded, will the amount of
their sufferings be fully known. That day will unfold scenes
of wickedness, misery and oppression, and deeds of inhumanity
and blood that the most eloquent cannot portray, the pencil of
the limner depict; and that is beyond the power of language to
unfold--scenes of misery, of woe, and human suffering. Dipped in
the malice of the most fiendish hate, the cup of misery has been
wrung out, and they have drunk it to the very dregs.
Missouri, frantic with rage, and not yet filled with blood,
wishes now to follow her bleeding victims to their exile, and
satiate herself with blood. And not satisfied with staining her
own escutcheon, she wishes to decoy the noble, generous and
patriotic sons of Illinois--to deceive them with appearances--to
draw them into her snare, that they may be sharer in her crimes,
and participate in her guilt and stamp with eternal infamy their
character. We have already to blush for the gullibility of many
of her [Illinois] editors who feel desirous to fan the deadly
flame, and stain their hands with her [Missouri's] foul deeds. We
would advise such to halt, to pause for a moment--to reflect upon
what they are doing. Have they not witnessed Missouri's wanton
persecution; her cruel oppression; her deadly hate? Have they not
loudly exclaimed against such proceedings; stood forth in defense
of republicanism--and as true patriots defended the rights of
man? And can they now advocate a cause that would attempt to make
an innocent, virtuous people "tremble at the sight of gathering
hosts!" or even moot the question.
Who is it that has made his affidavit that Joseph Smith has been
accessory to shooting him? Governor Boggs of Missouri, a man, who,
three years ago, issued an order to exterminate fifteen thousand
men, women and children in republican America; a man who sanctioned
mobocracy, and raised militia for that effect; a man who has been
the cause of the death of scores of innocent people, and has
actually been a wholesale murderer. This is the man who prefers the
charge; a man who has long ago violated his constitutional oath. We
deprecate at all times the commission of so diabolical a crime as
that of murder if committed {100} upon our greatest enemies; and
would content ourselves with letting the Lord take vengeance into
His own hands. Moreover we would seriously ask if his [Governor
Boggs'] statement concerning Joseph Smith is probable, or even
possible, under the circumstances mentioned by him? Could Governor
Boggs swear that Joseph Smith was accessory before the fact, when
he has not seen him for three years? and when Joseph Smith has not
been in the state of Missouri for that length of time? Whatever
his belief might be about his being engaged in the plot, he could
not swear to it. Concerning Rockwell, he was in Missouri, and it
is reported that he is gone there to prove himself clear, but we
should think that Missouri is the last place to go for _justice_;
we don't think that she is capable of administering it to the
Mormons; she must, however, first atone for her bloody deeds, and
refund to them what she has robbed them of before their confidence
can be restored in her justice, or righteousness. But we would
ask, is there no one to murder men but Mormons? Are not assassins
stalking through her streets daily? Let the history of the
frequent murders in St. Louis and other places in Missouri answer.
But again, who does not know that Boggs has been in frequent
difficulties with other people; that he has been on the point of
duelling with senators, and that his life has been frequently
threatened, and that not by Mormons: this we are prepared to prove.
Without saying more upon this subject we will proceed to give a
history of the arrest.
On Monday the 8th instant General Smith was arrested upon a warrant
under the signature of Governor Carlin, in accordance, as stated,
with a call from Governor Reynolds of Missouri, upon the affidavit
of ex-Governor Boggs. Mr. Rockwell was arrested at the same time as
the principal. There was no evasion of this call for the persons of
Messrs. Smith and Rockwell. The Municipal Court, however, issued
a writ of habeas corpus, according to the constitution and city
charter. This writ demanded the bodies of Smith and Rockwell to
be brought before the said court, but the officers in charge of
these men refused to obey its call; though after some deliberation,
they left them in charge of the city marshal, without the original
writ by which they were arrested, and by which only they could
be retained, and returned back to Governor Carlin for further
instruction. Thus Messrs. Smith and Rockwell were free from the
arrest, as the marshal had no authority to hold them in custody.
Some two or three days after, the aforesaid officers returned,
for the purpose of executing the Governor's order, without paying
attention to the writ of habeas corpus issued by the Municipal
Court; but Messrs. Smith and Rockwell were absent.
In a free government every person's rights and privileges are
the same; no extraordinary process can issue legally, nor
no extra-judicial {101} act be required; justice, like her
representative goddess, is blind to appearances, and favors no
one. In this point of view, then, let us legally examine the
case in question:--Mr. Boggs makes an affidavit in Missouri, and
charges one O. P. Rockwell with "shooting Lilburn W. Boggs with
intent to kill," on the night of the 6th of May, 1842, and that
the said Rockwell had fled from justice to the state of Illinois.
Shooting with intent to kill, and Mr. Boggs alive two or three
months after to swear to it may be set down as insufficient grounds
for writ from the governor of one state, to demand a person as a
fugitive from justice in another state. For aught that appears
to the contrary, he might have shot in his own defense and
been justifiable; as the charge is not grounded on the wilful,
malicious, or felonious intent, without the fear of God before his
eyes, to murder. The affidavit is therefore not sufficient for the
apprehension, detention and transportation of the said Rockwell to
the courts of Missouri. Here we deny that the Orrin P. Rockwell
arrested is the one intended in the writ, this Rockwell being not
guilty.
If Mr. Boggs _knew_, of himself, the fact that Mr. Rockwell shot
at him with intent to kill, why did he delay the prosecution some
two or three months? If he obtained his knowledge from a second or
third person, why not avail himself of their affidavits in the body
of the writ?
Again, Mr. Boggs charges one Mr. Joseph Smith with being "accessory
before the fact to an assault with intent to kill," on the night
of the sixth of May, 1842. This must allude to some other Joseph
Smith, as the Joseph Smith of this city, was in Nauvoo on the
aforesaid sixth of May, 1842, and on the next day he was at his
post as Lieut. Gen. of the Nauvoo Legion. Nor can it be proved that
he has been in the state of Missouri for the last three years.
But for the sake of argument admit the language of the writ, and
Joseph Smith as an accessory before the fact, with intent to
kill, must have aided or abetted by words, or by means, while in
the state of Illinois, and cannot come under the purview of the
fugitive act. Having not fled from justice from another state; and,
according to the express language of the constitution; "he could
not be liable to be transported but of the state for an offense
committed within the same."
An accessory before the fact in man-slaughter is an anomaly--and
now if _the_ Joseph Smith of Nauvoo, has committed a crime of the
nature charged in the writ, which we deny _in toto_, he should be
held amenable to the laws of Illinois, and in the ordinary course
of procedure by indictment, in accordance with the right of the
constitution, which says that he should have a "speedy public trial
by an impartial jury of the vicinage."
Judging now from all the facts of the case, taking the two
affidavits together, we must say that the whole forms but a poor
excuse for executive {102} interference, and when properly weighed
by good judges of law in criminal jurisprudence, will be found
wanting in all the important counts which constitute a fair case.
As to the writ of habeas corpus, issued by the Municipal Court of
the city of Nauvoo, it was not acted upon, though we believe that
so long as it was not incompatible with the spirit and meaning
of the constitution of the state, and of the constitution of the
United States, its power was sovereign, as to the rights and
privileges of citizens, granted to them by the City Charter, having
these express privileges, in words as follows: "To make, ordain,
establish and execute all such ordinances, not repugnant to the
constitution of the United States and of this state, as they may
deem necessary for the peace, benefit, good order, regulation,
convenience and cleanliness of the city"--_and_ "the Municipal
Court shall have power to grant writs of habeas corpus in all cases
arising under the ordinance of the city council."
Now, it is well known that if this court exceeded the bounds of the
chartered power, or transcended the limits of the constitution of
the state, or United States, it could be made to respond in a writ
of _quo warranto_; and, as a writ of habeas corpus can only test
the _validity_, not the virtue of a process (as testimony to prove
the _guilt_ or _innocence_ of a person--under an investigation by
habeas corpus, is inadmissible), we believe, that judges, lawyers,
and jurors, will not be very apprehensive that the law of the land,
or the rights of the people, will _suffer violence_ on this account.
Under the existing animosity of the inhabitants of the state of
Missouri, manifested towards the Church of Latter-day Saints,
prudence would dictate great caution, and forbearance in the
proceedings of public functionaries, relative to claims for persons
or property in favor of either party, holding sacred the old maxim:
"That it would be better to let ninety and nine guilty persons go
unpunished, than to punish one innocent person unjustly."
Concerning the whole matter, we believe that the parties are
entirely innocent of the charges alleged against them; and that
the whole of it is a wicked and malicious persecution. But it may
here be asked by some, if they are innocent, why did they not apply
to the master in chancery for a writ of habeas corpus, present
themselves before the judge of the District Court, and prove
themselves clear?
First, we would answer, that the writ of our Municipal Court was
treated with contempt by the officers, and it would have been
dishonoring our municipal authorities to have acknowledged the
insufficiency of their writ, and to have let our city charter be
wantonly trodden under foot; and that could not have been enforced
without coercion, and perhaps employing military force, which under
the present excited state of society might have been construed to
treason.
{103} In the second place, if they appealed to the District Court
it might have availed them nothing, even if the judge felt disposed
to do justice (which we certainly believe he would have done) as
their dismissal would rest upon some technicalities of law, rather
than upon the merits of the case; as testimony to prove the guilt
or innocence of the persons charged, could not be admitted on the
investigation on a writ of habeas corpus, the question not being
whether the persons are guilty or not guilty; but merely to test
the validity of the writ; which if proved to be issued in due form
of law, however innocent the parties might be, would subject them
to be transported to Missouri--to be murdered.
Upon the whole we think that they have taken the wisest course; we
have no reflections to make upon their conduct, and shall maintain
unshaken our opinions unless we have more light on the subject than
we now possess.
_Tuesday, August 16_.--Wrote as follows:--
_The Prophet's Letter to Emma Smith--Detailing Prospective
Movements_.
NAUVOO, August 16, 1842.
MY DEAR EMMA:--I embrace this opportunity to express to you some
of my feelings this morning. First of all, I take the liberty to
tender you my sincere thanks for the two interesting and consoling
visits that you have made me during my almost exiled situation.
Tongue cannot express the gratitude of my heart, for the warm and
true-hearted friendship you have manifested in these things towards
me. The time has passed away, since you left me, very agreeably
thus far; my mind being perfectly reconciled to my fate, let it be
what it may. I have been kept from melancholy and dumps, by the
kind-heartedness of Brother Derby, and his interesting chit-chat
from time to time, which has called my mind from the more strong
contemplation of things and subjects that would have preyed more
earnestly upon my feelings.
Last night Brothers Hyrum, Miller, Law, and others came to see us.
They seemed much agitated, and expressed some fears in consequence
of some maneuverings and some flying reports which they had heard
in relation to our safety; but, after relating what it was, I was
able to comprehend the whole matter to my entire satisfaction,
and did not feel at all alarmed or uneasy. They think, however,
that the militia will be called out to search the city; and if
this should be the case, I would be much safer for the time being
at a little distance off, until Governor Carlin could get weary,
and be made ashamed of his corrupt and unhallowed proceedings. I
had supposed, however, that if there were any serious operations
taken by the governor, that Judge Ralston, or Brother Hollister
would have notified us; and cannot believe that anything very {104}
serious is to be apprehended, until we obtain information from a
source that can be relied upon.
I have consulted whether it is best for you to go to Quincy and see
the Governor; but, on the whole, he is a fool; and the impressions
that are suggested to my mind are, that it will be of no use; and
the more we notice him and flatter him, the more eager he will be
for our destruction. You may write to him whatever you see proper,
but to go and see him, I do not give my consent at present.
Brother Miller again suggested to me the propriety of my
accompanying him to the Pine Woods, and then he return, and bring
you and the children. My mind will eternally revolt at every
suggestion of that kind, more especially since the dream and
vision that was manifested to me on the last night. My safety is
with you, if you want to have it so. Anything more or less than
this cometh of evil. My feelings and counsel I think ought to be
abided. If I go to the Pine country, you shall go along with me,
and the children; and if you and the children go not with me, I
don't go. I do not wish to exile myself for the sake of my own
life, I would rather fight it out. It is for your sakes, therefore,
that I would do such a thing. I will go with you, then, in the
same carriage, and on horseback from time to time as occasion
may require; for I am not willing to trust you in the hands of
those who cannot feel the same interest for you that I feel; to
be subject to the caprice, temptations, or notions of anybody
whatever. And I must say that I am prepossessed somewhat with the
notion of going to the Pine country anyhow; for I am tired of
the mean, low, and unhallowed vulgarity of some portions of the
society in which we live; and I think if I could have a respite of
about six months with my family, it would be a savor of life unto
life, with my house. Nevertheless, if it were possible, I would
like to live here in peace and wind up my business; but if it
should be ascertained to a dead certainty that there is no other
remedy, then we will round up our shoulders and cheerfully endure
it; and this will be the plan: Let my horse, saddle, saddle-bags,
and valise to put some shirts and clothing in, be sent to me. Let
Brothers Derby and Miller take a horse and put it into my buggy,
with a trunk containing my heavier clothes, shoes, boots, &c.;
and let Brother Taylor accompany us to his father's, and there we
will tarry, taking every precaution to keep out of the hands of
the enemy, until you can arrive with the children. Let Brother
Hyrum bring you. Let Lorin Farr and Brother Clayton come along,
and bring all the writings, and papers, books, and histories, for
we shall want a scribe in order that we may pour upon the world
the truth, like the lava from Mount Vesuvius. Then, let all the
goods, household furniture, clothes, and store goods that can be
procured be put on the boat, and let twenty or thirty of the best
men that we {105} can find be put on board to man it, and let them
meet us at Prairie-du-Chien; and from thence we will wend our way
like larks up the Mississippi, until the towering mountains and
rocks shall remind us of the places of our nativity, and shall look
like safety and home; and then we will bid defiance to the world,
to Carlin, Boggs, Bennett, and all their whorish whores and motly
clan, that follow in their wake, Missouri not excepted, and until
the damnation of hell rolls upon them, by the voice, and dread
thunders, and trump of the eternal God. Then in that day will we
not shout in the victory, and be crowned with eternal joys, for
the battles we have fought, having kept the faith and overcome the
world?
Tell the children it is well with their father as yet; and that
he remains in fervent prayer to Almighty God for the safety of
himself, and for you, and for them.
Tell Mother Smith that it shall be well with her son, whether in
life or in death; for thus saith the Lord God. Tell her that I
remember her all the while, as well as Lucy, and all the rest. They
all must be of good cheer.
Tell Hyrum to be sure and not fail to carry out my instructions;
but, at the same time if the militia does not come, and we should
get any favorable information, all may be well yet.
Yours in haste, your affectionate husband until death, through all
eternity, for evermore.
JOSEPH SMITH.
P.S.--I want you to write to Lorenzo D. Wasson, and get him to make
affidavit to all he knows about Bennett, and forward it. I also
want you to ascertain from Hyrum whether he will conform to what I
have requested; and you must write me an answer per bearer, giving
me all the news you have, and what is the appearance of things this
morning.
J. S.
I also wrote General Law as follows:--
_Joseph Smith's Letter to Wilson Law--Concerning Probable Movements
of the Prophet_.
HEADQUARTERS NAUVOO LEGION, August 16, 1842.
_Major-General Law:_
BELOVED BROTHER AND FRIEND:--Those few lines which I received
from you, written on the 15th, were to me like apples of gold
in pictures of silver. I rejoice with exceeding great joy to be
associated in the high and responsible stations which we hold,
[with one] whose mind and feelings and heart are so congenial with
my own. I love that soul that {106} is so nobly entabernacled in
that clay of yours. May God Almighty grant that it may be satiated
with seeing a fulfillment of every virtuous and manly desire that
you possess! May we be able to triumph gloriously over those who
seek our destruction and overthrow, which I believe we shall.
The news you wrote me is more favorable than that which was
communicated by the brethren. They seemed a little agitated for my
safety, and advised me for the Pine Woods country, but I succeeded
admirably in calming all their fears; but, nevertheless, as I said
in my former letter, I was willing to exile myself for months and
years, if it would be for the welfare and safety of the people; and
I do not know but it would be as well for me to take a trip to the
Pine countries, and remain until arrangements can be made for my
most perfect safety when I return. These are, therefore, to confer
with you on this subject, as I want to have a concert of action in
everything I do. If I knew that they would oppress me alone, and
let the rest of you dwell peaceably and quietly, I think it would
be the wisest plan to absent myself for a little season, if by that
means we could prevent the effusion of blood.
Please write and give me your mind on that subject, and all other
information that has come to hand today, and what are the signs
of the times. I have no news, for I am where I cannot get much.
All is quiet and peaceable around. I therefore wait with earnest
expectation for your advices. I am anxious to know your opinion on
any course that I may see proper to take, for in the multitude of
counsel there is safety.
I add no more, but subscribe myself your faithful and most obedient
servant, friend, and brother,
JOSEPH SMITH,
Lieut.-General of the Nauvoo Legion of Illinois Militia.
The foregoing letters were delivered to Brother Derby, who proceeded
immediately to the city.
Brother Derby has taken the greatest interest in my welfare, and I feel
to bless him.
[Sidenote: Blessing of the Prophet upon Erastus H. Derby.]
Blessed is Brother Erastus H. Derby, and he shall be blessed of the
Lord. He possesses a sober mind, and a faithful heart. The snares
therefore that will subsequently befall other men, who are treacherous
and rotten hearted, shall not come nigh unto his doors, but shall be
far from the path of his feet. He loveth wisdom and shall be found
possessed of her. Let there be a crown of glory and a diadem {107}
upon his head. Let the light of eternal truth shine forth upon his
understanding; let his name be had in everlasting remembrance; let the
blessings of Jehovah be crowned upon his posterity after him, for he
rendered me consolation in the lonely places of my retreat. How good
and glorious it has seemed unto me, to find pure and holy friends, who
are faithful, just, and true, and whose hearts fail not; and whose
knees are confirmed and do not falter, while they wait upon the Lord,
in administering to my necessities, in the day when the wrath of mine
enemies was poured out upon me.
In the name of the Lord, I feel in my heart to bless them, and to say
in the name of Jesus Christ of Nazareth, that these are the ones that
shall inherit eternal life. I say it by virtue of the Holy Priesthood,
and by the ministering of holy angels, and by the gift and power of the
Holy Ghost.
[Sidenote: Sentiments of the Prophet Towards His Wife Emma.]
How glorious were my feelings when I met that faithful and friendly
band, on the night of the eleventh, on Thursday, on the island at
the mouth of the slough, between Zarahemla and Nauvoo: with what
unspeakable delight, and what transports of joy swelled my bosom,
when I took by the hand, on that night, my beloved Emma--she that was
my wife, even the wife of my youth, and the choice of my heart. Many
were the reverberations of my mind, when I contemplated for a moment
the many scenes we had been called to pass through, the fatigues and
the toils, the sorrows and sufferings, and the joys and consolations,
from time to time, which had strewed our paths and crowned our board.
Oh what a commingling of thought filled my mind for the moment,
again she is here, even in the seventh trouble--undaunted, firm, and
unwavering--unchangeable, affectionate Emma!
[Sidenote: The Prophet's Love for His Brother Hyrum.]
There was Brother Hyrum who next took me by the hand--a natural
brother. Thought I to myself, Brother Hyrum, what a faithful {108}
heart you have got! Oh may the Eternal Jehovah crown eternal blessings
upon your head, as a reward for the care you have had for my soul! O
how many are the sorrows we have shared together; and again we find
ourselves shackled with the unrelenting hand of oppression. Hyrum, thy
name shall be written in the book of the law of the Lord, for those who
come after thee to look upon, that they may pattern after thy works.
[Sidenote: The Bond Between the Prophet and Newel K. Whitney.]
Said I to myself, Here is Brother Newel K. Whitney also. How many
scenes of sorrows have strewed our paths together; and yet we meet once
more to share again. Thou art a faithful friend in whom the afflicted
sons of men can confide, with the most perfect safety. Let the
blessings of the Eternal also be crowned upon his head. How warm that
heart! how anxious that soul! for the welfare of one who has been cast
out, and hated of almost all men. Brother Whitney, thou knowest not how
strong those ties are that bind my soul and heart to thee.
My heart was overjoyed as I took the faithful band by the hand, that
stood upon the shore, one by one. William Law, William Clayton, Dimick
B. Huntington, George Miller, were there. The above names constituted
the little group.
[Sidenote: The Prophet's Exaltation of Spirit.]
I do not think to mention the particulars of the history of that sacred
night, which shall forever be remembered by me; but the names of the
faithful are what I wish to record in this place. These I have met in
prosperity, and they were my friends; and I now meet them in adversity,
and they are still my warmer friends. These love the God that I serve;
they love the truths that I promulgate; they love those virtuous,
and those holy doctrines that I cherish in my bosom with the warmest
feelings of my heart, and with that zeal which cannot be denied. I
love friendship and truth; I love virtue and law; I love the God of
Abraham, of Isaac, and of Jacob; and they are my brethren, and I shall
live; {109} and because I live they shall live also. These are not the
only ones who have administered to my necessity and whom the Lord will
bless. There is Brother John D. Parker and Brother Amasa Lyman, and
Brother Wilson Law, and Brother Henry G. Sherwood. My heart feels to
reciprocate the unwearied kindnesses that have been bestowed upon me by
these men. They are men of noble stature, of noble hands, and of noble
deeds; possessing noble, and daring, and giant hearts and souls. There
is Brother Joseph B. Noble also, I would call up in remembrance before
the Lord. There is Brother Samuel H. Smith, a natural brother--he is
even as Hyrum. There is Brother Arthur Millikin also, who married my
youngest sister, Lucy: he is a faithful, an honest, and an upright man.
[Sidenote: The Prophet's Gratitude.]
While I call up in remembrance before the Lord these men, I would be
doing injustice to those who rowed me in the skiff up the river that
night, after I parted with the lovely group--who brought me to this my
safe, and lonely, and private retreat--Brother Jonathan Dunham, and the
other, whose name I do not know. Many were the thoughts that swelled
my aching heart, while they were toiling faithfully with their oars.
They complained not of hardship and fatigue to secure my safety. My
heart would have been harder than an adamantine stone, if I had not
prayed for them with anxious and fervent desire. I did so, and the
still small voice whispered to my soul: These, that share your toils
with such faithful hearts, shall reign with you in the kingdom of their
God; but I parted with them in silence, and came to my retreat. I hope
I shall see them again, that I may toil for them, and administer to
their comfort also. They shall not want a friend while I live; my heart
shall love those, and my hands shall toil for those, who love and toil
for me, and shall ever be found faithful to my friends. Shall I be
ungrateful? Verily no! God forbid!
I design to continue this subject at a future time.
{110}