Chapter 31

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.

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