Missouri's Third Attempt to Capture Joseph Smith
1843
Conspiracy Against Joseph Smith
When John C. Bennett wrote to Sidney Rigdon and Orson Pratt, saying he
was on his way to Missouri to obtain a new requisition for Joseph Smith
and others, it was not an idle threat. Not many weeks had passed before
reports reached Nauvoo that new indictments had been found against
President Smith, based on the old Missouri charges, and that John C.
Bennett was making desperate threats. Moreover, Bennett must have
had some definite information which caused him to say that Governor
Ford would acknowledge the new requisition. A conspiracy, evidently,
was on foot, in which the governors of the two states were to play
their parts. Further evidence that Governor Ford was a party to the
conspiracy is discovered in a communication dated June 10, 1843, from
Sam C. Owens of Independence, to the governor of Illinois. Owens, one
of the bitterest persecutors of the Saints in Missouri, stated in his
letter that John C. Bennett had authorized him to write to Governor
Ford, "without hesitation" in regard to the charges against Joseph
Smith. "At the last term of the circuit court of Daviess County," he
wrote, "an indictment was found by the grand jury against Joseph Smith
for treason against the state," and necessary papers were on the way
to Governor Thomas Reynolds, who, on receipt thereof, would issue a
requisition, and Mr. Joseph H. Reynolds would be sent as a special
agent "to attend to the business." Owens also said that "Dr. Bennett
further writes that he has made an agreement with Harmon T. Wilson, of
Hancock County (Carthage seat of justice), in whose hands he wishes
the writ that shall be issued by you to be put. From the tenor of his
letter I am induced to believe that he has made the same suggestion to
you."
A Warrant for His Arrest
June 13, 1843, Governor Reynolds issued the requisition and Joseph H.
Reynolds was dispatched to Illinois. Governor Ford lost no time in
issuing the warrant for the arrest and placed it in the hands of Harmon
T. Wilson, who, with Reynolds, immediately started for their prisoner.
The night before the warrant was issued Governor Ford incidentally
remarked to Judge James Adams that the next day he would issue such a
writ. Judge Adams sent an express at once to Nauvoo to warn the Prophet
of impending danger. His message arrived in the evening of Sunday,
June 18, but President Smith was not at home. On the 13th, he and
his family had gone north to visit with Mrs. Wasson, sister of Emma
Smith, who resided near Dixon, Lee County, Illinois. Hyrum Smith sent
William Clayton and Stephen Markham on horse back with all speed to
warn his brother Joseph. They arrived at Wasson's on the afternoon of
Wednesday, June 21, a distance of two hundred and twelve miles. Hearing
their report, Joseph said: "I have no fear. I shall not leave here; I
shall find friends, and Missourians cannot hurt me, I tell you in the
name of the Lord." He cancelled an appointment to preach in Dixon,
and concluded to remain with the Wassons, fearing that if he started
for home he might fall into the hands of his enemies where he had no
friends.
His Arrest by Reynolds and Wilson
From some source Reynolds and Wilson learned that Joseph was at
Dixon and thither they went with haste. On the way to Wasson's they
passed William Clayton, who had been sent to spy out the land, but
as they were disguised, Clayton did not know them. Arriving at their
destination the sheriffs represented themselves to be "Mormon" elders
and were directed to the Wasson home. President Smith was in the
yard when they arrived. Springing upon him like fiends, and without
showing any papers for his arrest, they pointed cocked pistols at his
head and with many vile oaths, threatened to shoot him if he stirred.
They repeatedly jabbed the muzzles of their pistols in his ribs, and
were for hurrying him off to Dixon without giving him a chance to say
farewell to his family or friends, or obtain his hat and coat. Stephen
Markham grabbed the horses by the bits and held them saying: "There is
no law on earth that requires a sheriff to take a prisoner without his
clothes." They threatened to shoot him, but he paid no heed to their
threats, and Emma Smith brought her husband his hat and coat. As the
wagon rolled away, Joseph called to Markham to go to Dixon and secure a
writ of habeas corpus. On the way the officers repeatedly thrust their
pistols in the Prophet's sides with accompanying oaths of blasphemy,
and did not desist until shortly before reaching Dixon, when Markham,
who had overtaken them, upbraided them for their cowardice and brutal
treatment of their prisoner, who was defenseless.
Arriving at Dixon, the officers placed their prisoner in a room of the
tavern, and ordered fresh horses to be ready in five minutes. Joseph
asked them if he could interview counsel, but was cruelly treated for
his request. A man passed the window and the Prophet shouted to him to
secure him a lawyer, for he was falsely imprisoned. Attorney Edward
Southwick came to the door, but it was shut in his face, with a threat.
Shepherd G. Patrick, another attorney, also came and was insulted in
like manner. The neighborhood was soon aroused, and Mr. Dixon, owner
of the house, with some friends surrounded the door and threatened
violence to the inhuman sheriffs if they did not alter their brutal
course. This had a sobering effect upon them, and lawyers Southwick and
Patrick came into the room. President Smith showed them his bruised
sides, and asked them to obtain a writ of habeas corpus. A messenger
was sent by Mr. Dixon to Mr. Chamberlain, master-in-chancery, who
lived some six miles away, and another messenger was sent for Attorney
Cyrus Walker, who happened to be campaigning near that place. Walker,
Whig candidate for Congress, said he would come provided Joseph Smith
would promise to vote for him, which the latter said he would do.
This promise, Walker thought, would give him the united vote of the
"Mormon" people, which would insure his election. About eight o'clock
the master-in-chancery arrived and issued a writ of habeas corpus
returnable before Judge John D. Caton, of the ninth judicial district,
at Ottawa, which was served on Reynolds and Wilson. The same day
William Clayton was sent by the Prophet to notify his brother Hyrum,
and get assistance.
Reynolds and Wilson Under Arrest
Stephen Markham went before a justice of the peace and obtained
a warrant for Reynolds and Wilson for threatening his life. He
later obtained other warrants from the circuit court of Lee County
against them for threatening the life of Joseph Smith, and for false
imprisonment, claiming ten thousand dollars damages, on the ground that
the writ issued by Governor Ford was a void writ in law. As they could
not obtain bondsmen outside of Missouri, they were taken into custody
by Sheriff Campbell of Lee County. They also obtained a writ of habeas
corpus and under these circumstances the entire party, including the
lawyers and Mr. Dixon, started for Ottawa.
President Joseph Smith's Discourse at Pawpaw Grove
Saturday night, June 24, they arrived at Pawpaw Grove, thirty-two miles
distant from Dixon, and the following morning the people assembled
at the hotel and requested that the Prophet preach. To this Reynolds
objected, saying that Joseph Smith was his prisoner, and the people
must disperse. They had witnessed his abuse of his prisoner, and a Mr.
David Town, an aged gentleman, who was lame, advanced and gave Reynolds
to understand that he could not interrupt gentlemen. Bringing his heavy
walking stick down with a thud, he said:
"You--Infernal puke, we'll learn you to come here and interrupt
gentlemen. Sit down there (pointing to a very low chair), and
sit still. Don't open your head till General Smith gets through
talking. If you never learned manners in Missouri, we'll teach you
that gentlemen are not to be imposed upon by a nigger-driver. You
cannot kidnap men here, if you do in Missouri; and if you attempt
it here, there's a committee in this grove that will sit on your
case; and, sir, it is the highest tribunal in the United States, as
_from its decision there is no appeal_!"
Reynolds very meekly and in fear took the seat while President Smith
addressed the people for one hour and a half.
The Issuing of New Writs
It was learned that Judge Caton was in New York, so they all returned
to Dixon, where new writs were obtained, made returnable before the
nearest tribunal in the fifth judicial district, at Markham's request.
Provision was now made to go to Quincy, where Judge Stephen A. Douglas
was holding court. Twice on the way Reynolds and Wilson engaged in
plots to raise mobs and carry Joseph Smith to the mouth of Rock River
where there was a company from Missouri waiting to receive him; but
each time the plans were discovered and foiled.
On the way Joseph convinced Sheriff Campbell and the attorneys that
the court of Nauvoo was nearer than that of Quincy, and had full power
to try his case, and hither they bent their way. Reynolds and Wilson
endeavored to get Sheriff Campbell, who had them in custody, to go
by way of Rock River, to Quincy, not knowing that their plots were
discovered, saying that they would never go through Nauvoo alive.
Joseph Smith pledged his word of honor that they would not be molested,
and the journey was resumed by land in the direction of Nauvoo.
A Party to the Rescue
William Clayton arrived in Nauvoo on Sunday, June 25, 1843, and at the
afternoon meeting in the temple Hyrum Smith requested to see all the
brethren. He informed them of his brother Joseph's arrest, and called
for volunteers to go to his assistance. That evening a company of about
one hundred and seventy-five men left on horseback. Wilson Law refused
to go unless his expenses could be met, whereupon President Brigham
Young went to work and raised seven hundred dollars by subscription.
About seventy-five men on board the _Maid of Iowa_, under Captain
Dan Jones, went down the Mississippi to the mouth of the Illinois
River, thence up that river toward Peoria, to examine the steamboats,
suspecting the Prophet might be forced on one of them to be carried
down the river to Missouri.
Shortly after the party with the Prophet left Geneseo on the 27th, the
advance guard of the brethren, nine in all, from Nauvoo came up, and
Reynolds and Wilson began to tremble fearing for their lives. Reynolds
asked if "Jim" Flack was in the crowd. When he was informed that he
would be present the next day, the criminal sheriff replied: "Then I am
a dead man; for I know him of old." When Stephen Markham, who had gone
to locate the brethren from Nauvoo, rode up, Reynolds said, "Do I meet
you as a friend? I expected to be a dead man when I met you again,"
but he was assured that he would not be hurt. Thursday, June 29, James
Flack with others of the brethren met the company a short distance
south of Monmouth. President Joseph Smith took Flack to one side and
charged him not to harm Reynolds, for he had given his word of honor
that he would not be injured. This Flack promised to do although he had
cause for vengeance.
Arrival at Nauvoo
Other bodies of men from Nauvoo joined the company from time to time
and when they reached that place there were about one hundred and forty
riding on horse back, who were joined by the populace in procession
and thus they marched into the town. President Smith was greeted with
cheers and the firing of cannon. He was still a prisoner in the hands
of Reynolds and Wilson, and they in turn were prisoners in the hands
of Sheriff Campbell. The Prophet took them to his house and placed
Reynolds and Wilson at the head of the table, where about fifty persons
were served. This was a very different reception from the one he had
received from these men when they took him prisoner in Lee County, at
the Wasson home.
The Trial Before the Municipal Court
The same day they arrived in Nauvoo the municipal court convened, and
a requisition was made on Reynolds to return the writ, but he refused
to recognize the summons, whereupon the Prophet petitioned the court
for a writ of habeas corpus to be directed to Reynolds, commanding him
to bring his prisoner before the court. The summons was issued and
Reynolds complied with the attachment and delivered the Prophet into
the hands of the marshal of the city. That afternoon President Smith
addressed the people at great length, declaring that he would not
peacefully submit again to such ill-treatment. While he was speaking
Reynolds and Wilson with a lawyer named Davis, of Carthage, left for
that place threatening to raise the militia and come again and take
President Smith out of Nauvoo.
Saturday, July 1, 1843, the court convened to examine the writ of
habeas corpus. Messrs. Cyrus Walker, Shepherd G. Patrick, Edward
Southwick and a Mr. Backman defended Joseph Smith while Attorney Mason
was counselor for Reynolds. Witnesses were examined and the case tried
on its merits, Hyrum Smith, Parley P. Pratt, Brigham Young, George
W. Pitkin, Lyman Wight and Sidney Rigdon giving testimony, at the
conclusion of which the prisoner was discharged.
The Citizens of Lee County Thanked
July 1, 1843, a mass meeting of the citizens of Nauvoo was held in the
assembly hall and it was "unanimously resolved that Messrs. Sager and
Dixon, of the town of Dixon, and the citizens of Dixon, Pawpaw Grove,
and Lee County, receive the warmest thanks for the firm patriotism,
bold and decided stand taken against lawless outrage and the spirit of
mobocracy, as manifested in the arrest or capture of General Joseph
Smith, while on a visit to his friends in that district of country."
Reynolds' Further Attempt to Obtain Joseph Smith
The proceedings of the municipal court of Nauvoo in this case were
promptly forwarded to Governor Ford, with affidavits from the attorneys
and others bearing upon the case and the kindly treatment Reynolds and
Wilson had received in Nauvoo. Judge James Adams came from Carthage
with the information that Reynolds and Wilson were exciting the people
there to mobocracy, and petitioning the governor for a posse forcibly
to take Joseph Smith, on the grounds that he had been unlawfully taken
out of their hands. A remonstrance against the Carthage proceedings was
prepared and forwarded to Carthage by Messrs. Southwick and Patrick,
and a petition was sent to Governor Ford praying him not to issue any
more writs.
Governor Ford refused to comply with the request of Sheriff Reynolds,
and subsequently, when Governor Reynolds of Missouri requested him
to call out the militia--a method they had of doing in Missouri--to
retake Joseph Smith, Governor Ford replied that Joseph Smith had been
tried before the municipal court of Nauvoo on a writ of habeas corpus,
and discharged from arrest. He, as governor, had fully executed the
duty which the laws imposed, and had not "been resisted either in the
writ issued for the arrest of Smith or in the person of the officer
appointed to apprehend him," and the constitution would not permit him
to take such action, as the Missouri official proposed.
The Case of O. P. Rockwell
Orrin Porter Rockwell, who was accused as the principal in the shooting
of ex-Governor Boggs, went into retirement with the Prophet when
Governor Ford issued papers for his extradition. He traveled east
as far as New Jersey where he remained for some time. Following the
discharge of President Joseph Smith by Judge Pope, Rockwell concluded
to return to Nauvoo, evidently by way of the Ohio and Mississippi
Rivers. In St. Louis he was recognized by Elias Parker who had him
placed under arrest, March 4, 1843. They carried him to Independence
in chains, where he was placed under bonds in the sum of five thousand
dollars, which they knew he could not raise, as no person outside of
Missouri would be accepted by the court as bondsman. In the custody of
the notorious Joseph H. Reynolds, sheriff of Jackson County, he was
cast into prison bound hand and foot. Here he remained a prisoner for
eight months. March 15, 1843, the Prophet wrote: "I prophesied in the
name of the Lord Jesus Christ, that Orrin Porter Rockwell would get
away honorably from the Missourians."
On Christmas evening, 1843--the last Christmas day Joseph and Hyrum
Smith celebrated on earth--a large party assembled at the Prophet's
home, and spent the time in music, dancing and a social visit. During
the festivities, a man with long shaggy hair, apparently drunk, came
in and acted like a Missourian. A scuffle ensued and the Prophet had
an opportunity to see the stranger's face. To his great surprise and
joy he discovered his "long-tried, warm, but cruelly persecuted friend,
Orrin Porter Rockwell." The party came to order while Rockwell related
in detail his experiences and sufferings while in Missouri.
Orrin P. Rockwell's Story
The story is too long to tell in full at this point. It is sufficient
to relate the following incidents. When he arrived in Independence a
large crowd had gathered and suggested hanging him at once, but he was
placed in jail. In two or three days he underwent a mock trial, where
false witnesses testified against him. The magistrate said he found
no evidence against him, but placed him in prison for safe keeping,
where Sheriff Reynolds chained him hand and foot. One time he was
able to escape, but was recaptured and only by the providence of the
Lord was saved from being hanged. About the time that President Smith
was demanded by the governor of Missouri, Reynolds, the sheriff, came
to Rockwell and said that he had discovered from letters that Joseph
Smith had unlimited confidence in Rockwell, and if Rockwell would only
"tote him out by riding or any other way," so that the Missourians
might apprehend him, Rockwell might please himself whether he stayed in
Illinois or returned to Missouri, they would protect him, and any pile
that he would name the citizens of Jackson County, would club together
and raise. "You only deliver Joe Smith into our hands, and name your
pile." Rockwell replied: "I will see you all damned first, and then I
won't."
The time of further trial was continually delayed, but on the 13th of
December, he was taken before the court and tried--not on the charge
of shooting Boggs, but for breaking jail! He was found guilty and
sentenced to "five minutes' imprisonment in the county jail," but was
kept there five hours, while his enemies tried to think of some other
charge to make against him. He was finally released and with great
difficulty made his way to Nauvoo, where he arrived that Christmas
night.