Joseph Smith Accused as Accessory to Assault on Boggs
1842
Perfidy of John C. Bennett
Doctor John C. Bennett came to Nauvoo in August, 1841, and joined the
Church. Through his zealous activity in assisting to procure the Nauvoo
Charter, he was honored by the citizens in the first election, by being
chosen mayor of Nauvoo. He also rose to prominence in the councils
of the Church, and appeared to be a firm believer in the Gospel, and
a staunch friend to President Joseph Smith. Not many months later,
however, through immoral conduct, he lost the spirit of the Gospel,
and likewise his love for President Joseph Smith. His case is an
illustration of the truth, that the Spirit of the Lord will not dwell
in an unholy tabernacle. When men transgress the Holy Spirit withdraws,
and the light in them turns to darkness. The first intimation that all
was not well with Dr. Bennett was made manifest to the Prophet May 7,
1842, after a drill and sham battle by the Nauvoo Legion. This event
had been under preparation since the previous January, and it was
the intention of all to make it a grand success. In the forenoon of
that day there was a parade of the legion, some twenty-six companies,
comprising about two thousand troops. Judge Stephen A. Douglas, who was
holding court at Carthage, adjourned, and with some leading attorneys,
went to Nauvoo to witness the military maneuvers of the legion. While
there he was the guest of President Joseph Smith. The day passed
harmoniously without confusion. A large company of spectators and
distinguished strangers had assembled to witness the sham battle.
Dr. Bennett who was major general of the legion requested President
Smith as lieutenant general to take command of the first cohort during
the sham battle. But this the Prophet declined to do. Bennett next
requested him to take his station in the rear of the cavalry without
his staff, while the engagement was going on; but Captain Albert P.
Rockwood of the Prophet's body guard would not consent, and kept close
by his leader's side, who chose his own position. The Spirit of the
Lord whispered to Joseph Smith that all was not well, and after the
day's celebration was over he said, "If General Bennett's true feelings
toward me are not made manifest to the world in a very short time, then
it may be possible that the gentle breathings of that Spirit which
whispered to me on parade, that there was mischief concealed in that
sham battle, were false; a short time will determine the point. Let
John C. Bennett answer at the day of judgment: Why did you request me
to command one of the cohorts, and also to take my position without my
staff, during the sham battle, on the 7th of May, 1842, where my life
might have been the forfeit, and no man have known who did the deed?"
Bennett's Resignation
Ten days later, Dr. Bennett resigned his office as mayor of Nauvoo
having been accused of immorality. The same day he went before Alderman
Daniel H. Wells, who was not a member of the Church, and made affidavit
to the effect that he had never been taught anything in the least
contrary to the principles of the Gospel, and the strictest morality in
both word and deed, by Joseph Smith. On the 19th, the city council met
and elected Joseph Smith to fill Bennett's unexpired term as mayor of
Nauvoo. Before the council on this occasion, Bennett was accused with
having said Joseph Smith taught him to practice immorality. He replied,
that "those who made such a statement were infernal liars," for Joseph
Smith had always taught him to be virtuous. He then pled to be forgiven
of his wrong doing, and said he hoped yet to prove by repentance his
worthiness to fellowship in the Church. For the sake of his mother, he
prayed that his evil practices might not be exposed. In this apparently
repentant spirit he appeared before nearly one hundred brethren and
cried like a child, stating, "that he was worthy of the severest
chastisement." The brethren thought him sincere and the Prophet in
mercy pled in his behalf. In a very short time, it was discovered that
not only had Bennett been guilty of immoral practices, but he had
taught others to be like himself, placing the responsibility for such
teachings on the shoulders of the Prophet. The result was that others
had to be handled for their fellowship. For this cause, and a defiant
spirit, Chauncey L. Higbee, was excommunicated. Others, on confession
of their wrong doing, and repentance, were forgiven.
J. C. Bennett Leaves Nauvoo
Notwithstanding the mercy extended to Bennett by the brethren some time
during the month of June, he left Nauvoo, breathing out threatenings
against the Prophet and the Church. He made the statement "that he
had withdrawn from the fellowship of the Saints because they were
not worthy of his society." He then entered into correspondence with
the enemies of Joseph Smith in Missouri, endeavoring to stir them up
to continue their persecutions against him. This made it necessary
that a public statement be made in regard to the immoral practices of
Dr. Bennett. This document which was signed by the Prophet contained
a supporting affidavit, bearing the signatures of the aldermen and
councilors of the city of Nauvoo. Bennett later published a book,
_The History of the Saints_, which represented to be an exposÈ of
"Mormonism." The work was so filled with corrupt expressions, such as
would naturally come from so vile a source, that it only created a
spirit of disgust in those who read it, and it proved to be a failure.
Shooting of Ex-Governor Boggs
On the 6th day of May, 1842, ex-Governor Lilburn W. Boggs was shot
while sitting alone in a room of his residence in Independence. He was
badly wounded and for several days his life was in the balance, but he
soon recovered.
President Smith Accused as an Accessory
July 20, 1842, Boggs went before Samuel Weston, justice of the peace
in Independence, and made affidavit that Orrin Porter Rockwell, a
resident of Illinois, had done the shooting. He applied to Governor
Carlin in his affidavit, for the surrender of Rockwell "according to
law." Subsequently he made another affidavit in which he said he had
"good reason to believe, from evidence and information now in his
possession, that Joseph Smith, commonly called 'the "Mormon" Prophet,'
was accessory before the fact of the intended murder, and that the
said Joseph Smith is a citizen or resident of the state of Illinois."
He applied to Governor Thomas Reynolds of Missouri, for a demand on
Governor Carlin of Illinois, to deliver up Joseph Smith, to be dealt
with according to law. Governor Reynolds very willingly granted the
request, and appointed Edward R. Ford agent to receive the Prophet. In
the requisition, Governor Reynolds stated "Joseph Smith is a fugitive
from justice, charged with being accessory before the fact, to an
assault with the intent to kill, made by one O. P. Rockwell, on Lilburn
W. Boggs, in this state (Missouri) and is represented to the executive
department of this state as having fled to the state of Illinois." He
therefore demanded the surrender of the Prophet on these grounds. Boggs
had not accused Joseph Smith of being a fugitive, or with fleeing from
Missouri; this charge was added by Reynolds. No doubt his reason was
that he knew Missouri could have no claim upon Joseph Smith without
making it appear that he had committed the alleged crime within
Missouri and fled from her borders.
The foundation for this accusation was perhaps based on the rumor
circulated at the time, and printed in the Quincy _Whig_, that Joseph
Smith had prophesied that Boggs would die a violent death. As soon as
the Prophet heard of this rumor he took occasion to deny it publicly
saying that he had made no such statement. Nevertheless, it gave
occasion for an accusation, and it appears evident that Boggs and his
fellow conspirators thought it an opportunity, and an excuse, to get
the Prophet within their clutches, where they might kill him "according
to law."
Governor Carlin's Action
Governor Carlin of Illinois, appeared to be a party to this conspiracy.
He had, at least, become embittered against President Joseph Smith,
and was very willing to accede to the demand from Missouri. He was
thoroughly acquainted with the law and knew perfectly well that the
Prophet was in Nauvoo on the 6th day of May, 1842, consequently was
not subject to the requisition of Governor Reynolds of Missouri. He
knew that President Smith was not a fugitive from justice; and, even
if the false and malicious charge had been true, he knew the Prophet
was entitled to a fair and legal trial in Illinois, not Missouri. Yet
he would yield to this unlawful and unrighteous demand against his
knowledge of these facts.
The Rocky Mountain Prophecy
On Saturday, August 6, 1842, President Joseph Smith passed over the
river to Montrose, in company with General James Adams, Colonel Brewer,
Hyrum Smith and a number of others, and witnessed the installation
of the officers of the Rising Sun Lodge of Masons, by General Adams,
deputy grand master of Illinois. While General Adams was giving
instructions to the master-elect, Joseph Smith had a conversation with
a number of the brethren who were resting in the shade of the building.
His topic was the persecutions of the Saints in Missouri, and the
constant annoyance which had followed them since coming to Illinois and
Iowa. In the course of his conversation the Prophet uttered a prophecy
which he recorded in his journal as follows:
"I prophesied that the Saints would continue to suffer much
affliction and would be driven to the Rocky Mountains, many would
apostatize, others would be put to death by our persecutors, or
lose their lives in consequence of exposure or disease, and some of
them would live to go and assist in making settlements and build
cities and see the Saints become a mighty people in the midst of
the Rocky Mountains."
Arrest of President Smith
The governor of Illinois honored the demand of the Missourians, and
on the 8th day of August, 1842, President Joseph Smith and Orrin P.
Rockwell were both taken into custody by the deputy sheriff of Adams
County, on a warrant issued by the governor. The prisoners demanded the
right of habeas corpus, and the court of Nauvoo issued a writ demanding
that the bodies of the two accused men be brought before that court.
The deputy sheriff and his aids refused to recognize the jurisdiction
of the court, and returned to Governor Carlin for further instructions,
leaving the Prophet and Rockwell in the hands of the marshal of Nauvoo.
The marshal had no papers by which they could be held, so permitted
them to go about their business.
The Prophet's Comments on His Arrest
Commenting on his arrest, the Prophet said:
"I have yet to learn by what rule of right I was arrested to
be transported to Missouri for a trial of the kind stated. 'An
accessory to an assault with intent to kill,' does not come under
the provision of the fugitive act, when the person charged has not
been out of Illinois. An accessory before the fact to manslaughter
is something of an anomaly. The isolated affidavit of ex-Governor
Boggs is no more than any other man's, and the constitution says,
that no person shall be liable to be transported out of the state
for an offense committed within the same. The whole is another
Missouri farce."
Expecting the return of the deputy sheriff, President Smith secured
a writ of habeas corpus from the master in chancery for the district
of Illinois, fearing that the court of Nauvoo might be deemed without
jurisdiction or authority. Two days later when the officers returned,
President Smith and Rockwell were not at home. The deputy sheriff
made many threats and tried to intimidate the brethren at Nauvoo, but
failing in this, when questioned, he admitted that the course the
governor had taken was unjustifiable and illegal.
President Joseph Smith in Retirement
Because of the excitement which prevailed and the fear that they would
be unlawfully dragged to Missouri, Joseph and O. P. Rockwell retired to
seclusion. While in retirement the Prophet kept in touch with affairs
in Nauvoo and wrote to the Saints from time to time. It was while
thus confined that he wrote the important letters which now appear as
sections 127 and 128 in the Doctrine and Covenants, on baptism for the
dead.
Threats of Mob Vengeance
When the officers failed to find President Smith and Orrin Porter
Rockwell, they were enraged and threatened to return with a sufficient
force to search every house in Nauvoo. Ford, the officer from Missouri,
declared that he would come with a mob from Missouri and take the
Prophet by force. Hearing of these reports, President Smith wrote to
Wilson Law, major general of the Nauvoo Legion, advising him to take
necessary steps to protect the citizens of Nauvoo against any such
attack. In his communication he said he had come to the conclusion
that he would never suffer himself to fall into the hands of the
Missourians alive, if he could help it. To surrender to the officers
of Illinois meant the same thing, for Governor Carlin had joined hands
with Missouri, taking unlawful steps to send him to that state. "I am
determined, therefore," the Prophet said, "to keep out of their hands,
and thwart their designs, if possible."
Emma Smith Appeals to Governor Carlin
August 17, 1842, Emma Smith wrote a pathetic appeal to Governor Carlin
pleading the cause of her husband and the Latter-day Saints, and
requesting that he rescind his order to turn President Smith over to
his enemies in Missouri. She set forth in a clear, logical manner the
fact that the decision to deliver him to the authorities in Missouri
was contrary to law. That if he had been guilty of any crime it must
have been committed in Illinois, and the pursuit of President Smith was
a continuation of the old mob spirit and persecution which had followed
the Saints during all the years of their sojourn in Missouri. Others
also appealed to the governor, reminding him of the many threats that
were made against the citizens of Nauvoo, by John C. Bennett, Edward
R. Ford and others. His reply to all of these was that he could not
conceive of an attack of violence upon the citizens, and there was "no
excitement anywhere but in Nauvoo, amongst the Mormons themselves."
There was no apprehension of trouble in other places, so far as he was
able to ascertain. At the same time he confessed in conversation, that
"persons were offering their services every day, either in person or
by letter, and held themselves in readiness to go against the Mormons"
whenever he should call upon them. Judge Ralston, who was present
when the governor read Emma Smith's letter, asked him how he thought
Mr. Smith could go through the midst of his enemies, without violence
being used towards him; and, if acquitted, how was he to get back? The
governor was unable to make satisfactory reply.
Answering Emma Smith's letter, the governor said he had been "prompted
by a strict sense of duty," and in discharge of that duty, had
"studiously pursued that course least likely to produce excitement
and alarm." He hoped that Joseph Smith would submit to the laws and
that justice might be done. At the same time he said the Constitution
and the laws of the United States required him to take the course he
did regarding Joseph Smith as a fugitive from justice. Yet he was
perfectly aware that President Smith was not a fugitive in any sense of
the term. He further suggested that if "he is innocent of any crime,
and the proceedings are illegal, it would be the more easy for him
to procure an acquittal," and he felt that Missouri would grant the
"utmost latitude" in his defense. It was clear that he had no friendly
disposition towards the President of the Church.
A Ruse to Capture President Smith
In the meantime President Joseph Smith returned to Nauvoo and in a
meeting of a special conference August 29, addressed the Saints.
Some of the Saints thought he had gone to Washington, others that he
had gone to Europe, however, he had been in Nauvoo most of the time.
Sunday, October 2, 1842, word came from Quincy, that Governor Carlin
had offered a reward of two hundred dollars for the capture of Joseph
Smith and the same amount for O. P. Rockwell. The Quincy _Whig_ also
stated that Governor Reynolds of Missouri, had offered a reward of
three hundred dollars for each of the brethren. President Sidney
Rigdon, who had been in conversation at Carthage with Judge Stephen A.
Douglas, concerning Governor Carlin's proceedings, informed William
Clayton that he had learned that the governor had purposely issued
an illegal writ, expecting President Joseph Smith would be drawn by
it to Carthage to be acquitted before Judge Douglas on habeas corpus
proceedings. As soon as this was done a legal writ would be served and
he would be carried away to Missouri. Elder Elias Higbee confirmed
President Rigdon's report, adding thereto that many Missourians were
coming to unite with the militia of Illinois, voluntarily, at their own
expense. If President Smith should fail to go to Carthage they would
come in force to Nauvoo and search the city. Receiving this knowledge,
the Prophet concluded again to leave home for a season, and thus defeat
the plans of Governor Carlin and his aids.
Justin Butterfield's Legal Opinion
While all these trials and tribulations were going on, the case of
President Joseph Smith had been presented to United States District
Attorney Justin Butterfield, of Chicago, by the master in chancery,
Major Warren. Mr. Butterfield wrote to Sidney Rigdon, October 10, 1842,
an elaborate opinion on the case. The salient points in his opinion are
as follows: If it could be proved that Joseph Smith had not _fled_ from
Missouri since the commission of the crime of which he was accused,
and that he was not in that state at that time, then the governor of
Illinois had no power to surrender him to Missouri. According to the
Constitution, a man to be a fugitive, "must be a person who shall flee
from justice and be found in another state." The defendant has the
right to show that the process upon which he was arrested was obtained
by false pretense, that it is untrue that he fled from Missouri to
evade being brought to justice there, for the crime of which he is
charged. The affidavit of Boggs is not conclusive and may be rebutted;
the defendant has the right to show the affidavit false. The affidavit
of Boggs "on its face was not sufficient to authorize the arrest of
Smith." The opinion concluded with the following advice:
"I would advise that Mr. Smith procure respectable and sufficient
affidavits to prove beyond all question, that he was in the state
(Illinois) and not in Missouri, at the time the crime with which he
is charged was committed, and upon these affidavits, apply to the
governor to countermand the warrant he has issued for his arrest.
"If he should refuse to do so, I am clearly of the opinion that,
upon the above state of facts, the supreme court will discharge him
upon habeas corpus."
Governor Carlin's attitude being unfavorable, no further action was
taken until December, when the term of Carlin expired. On the 8th
of that month Thomas Ford was inaugurated as the chief executive
of Illinois. Immediately affidavits were obtained to prove beyond
controversy that President Joseph Smith was in the state of Illinois
on the 6th day of May, 1842, the day of the shooting of ex-Governor
Boggs, but Governor Ford refused to interfere with the action of his
predecessor. The supreme court being in session, he passed the case
with all the papers up to them for a decision. The judges held that the
writ was illegal, but were divided as to whether or not Ford should
interfere. The governor thereupon addressed President Joseph Smith,
December 17, 1842, stating that he had submitted the case to the
supreme court of Illinois. The governor then said:
"I can only advise that you submit to the laws and have a judicial
investigation of your rights. If it should become necessary, for
this purpose, to repair to Springfield, I do not believe that there
will be a disposition to use illegal violence towards you; and I
would feel it my duty in your case, as in the case of any other
person, to protect you with any necessary amount of force from mob
violence whilst asserting your rights before the courts, going to
and returning."
The Prophet Receives Advice
Justin Butterfield, in a letter from Springfield of the same date,
advised the Prophet to accept the suggestion of Governor Ford. He said
the judges of the supreme court were unanimous in the opinion that he
would be entitled to a discharge under a habeas corpus writ. Therefore
he advised President Smith to go to Springfield without delay, for he
had the right to bring the case before the United States court, which
was then in session. "I will stand by you," he said, "and see you
safely delivered from your arrest."
Another letter was received from Judge James Adams, who greatly loved
the Prophet. He said:
"My Son: It is useless for me to detail facts that the bearer can
tell. But I will say that it appears to my judgment that you had
best make no delay in coming before the court at this place for a
discharge under a habeas corpus."
Joseph Smith Surrenders for Trial
Acting on this advice, President Smith prepared to go to Springfield.
December 26, he was arrested by General Wilson Law on the proclamation
of Governor Carlin. The next day in the custody of Wilson Law and a
number of his closest friends, he commenced his journey. On the way
they obtained a writ of habeas corpus from the master in chancery at
Carthage. On the 30th, he arrived at the home of Judge James Adams,
in Springfield. The next day, to save delay, and possible legal
complications, Governor Ford was petitioned for another writ that the
case might be tried thereon and it was issued. At half-past eleven
President Smith went before Judge Pope, where Mr. Butterfield presented
all the papers in the case and asked for habeas corpus, because the
accusation was false, which was granted. The Prophet was then placed
under bail in the sum of four thousand dollars. Judge Adams and Wilson
Law went bail for him, and his case was set for Monday morning, January
2, 1843.
The Trial
A postponement of the trial was taken until the following Wednesday.
When the case came before the court, the attorney general, Josiah
Lamborn, moved to dismiss the proceedings, objecting to the
jurisdiction of the court. He was overruled and the trial proceeded.
On the 5th day of January, 1843, Judge Pope rendered a lengthy
decision,[1] discharging the Prophet on the grounds that he was
entitled to his discharge for defect in the affidavit on which the
demand for his surrender to Missouri was made. "To authorize the
arrest in this case," the opinion said, "the affidavit should have
stated distinctly--1st, that Smith had committed a crime; 2nd, that he
committed it in Missouri. It must appear that he fled from Missouri
to authorize the governor of Missouri to demand him, as none other
than the governor of the state from which he fled can make the demand.
He could not have fled from justice unless he committed a crime,
which does not appear. It must appear that the crime was committed in
Missouri, to warrant the governor of Illinois in ordering him to be
sent to Missouri for trial."
On these grounds an order was entered discharging the prisoner from
arrest. Once again Missouri, persecutor of saints and prophets, was
defeated; but her thirst for their blood was not satisfied.
Bennett's Letter to Sidney Rigdon and Orson Pratt
January 10, 1843, John C. Bennett sent a communication from Springfield
to Sidney Rigdon, and addressed to Rigdon and Orson Pratt, in which he
states that he was leaving for Missouri to confer with the messenger
charged with the arrest of Joseph Smith, Hyrum Smith, Lyman Wight,
and others, who would be demanded in a few days on the old charge of
"murder, burglary, treason, etc." This was on the new indictments
found by the grand jury and based on the original evidence. He said:
"We shall try Smith on the Boggs case, when we get him into Missouri.
The war goes bravely on; and although Smith thinks he is now safe, the
enemy is near, even at the door." Moreover, he stated that they had
the assurance that the governor of Illinois would acknowledge the new
demand. "There is but one opinion on the case," he wrote, "and that is,
nothing can save Joe on a new requisition and demand predicated on the
old charges on the institution of new writs. He must go to Missouri;
but he shall not be harmed if he is not guilty; but he is a murderer,
and must suffer the penalty of the law." A postscript requested that
Sidney Rigdon hand the letter to Orson Pratt. After reading it, Sidney
Rigdon did as he was requested, but Orson Pratt immediately took the
letter to President Joseph Smith and informed him that he was not in
league with such a character as Bennett. Bennett wrote to these men
knowing that at the time they were both lukewarm towards the work,
and that Orson Pratt, for disobedience, had been handled for his
fellowship. Following this episode, Orson Pratt was received back in
the fellowship of the Church. For some time previous to this incident,
Sidney Rigdon had failed to magnify his calling and had gone contrary
to counsel. When confronted with the letter from Bennett he denied
having had any correspondence with him.
Rejoicing in Nauvoo
When President Smith returned to Nauvoo, from his trial, there
was great rejoicing. Tuesday, January 17, 1843, was set apart by
the apostles as a "day of humiliation, fasting, praise, prayer
and thanksgiving" before the Lord. Many public meetings were held
throughout the city. One public gathering of this kind was held at the
home of President Joseph Smith. The following day a party of invited
guests assembled at his home to celebrate his deliverance from his
enemies. The day passed very pleasantly; many interesting anecdotes
were related, and what added interest to the occasion was the fact that
it was the fifteenth anniversary of the Prophet's wedding day.
Notes
1. For the full decision, which should be read see _Documentary History
of the Church_, vol. 5:223-231. See also pages 233-244 for papers on
the trial.