Nauvoo Township (part 1 of 4)

Nauvoo Township

Nov. 20, A. D., 1841. I To the Public: - The transpiration of recent events makes it criminal in me tc remain longer silent. The tongue of the vile yet speaks, and sends forth the poison of asps; tlie ears of the spoiler 3'et hear, and he puts forth his hand to iniquity. It has been proclaimed upon the house-top and in the secret chamber, in the public walks and private circle, throughout the length and breadth of this vast continent, that stealing by the Latter-Day Saints has received my approval ; nay, that I have taught the doctrine, encouraged them in plunder, and led on the van - than which nothing is more foreign from my heart. I disfellowship the perpetrators of all such abominations ; they are devils and not saints, totally unflt for the society of Christians or men. It is true, that some professing to be Latter-Day Saints have taught such vile heresies, but all are not Israel that are of Israel ; and I wish it to be distinctly imderstood in all cbmuig time, that the Church over which I have the honor of presiding will ever set its brows like brass, and its face like steel, against all such abominable acts of viUainy and crime ; and to this end I append my affidavit of disavowal, taken this day before General Bennett, that there may be no mistake hereafter as to my real sentiments, or those of the leaders of the Church, in relation to this important matter :

Before me, John C. Bennett, Mayor of the City of Nauvoo, personally came Joseph ' Smith, President of the Church of Jesus Christ of Latter-Day Saints (commonly called Mormons), who. being duly sworn accorcUng to law, deposeth and saith, that he has never directly or indirectly encom-aged the purloining of property, or taught the doctrine of stealing, or any other evil practice, and that all such vile and unlaw- ful acts will ever receive his unqualified and unreserved disapproval, and the most vigorous opposition of the Church over which he presides, aud fm-ther this deponent saith not.

Joseph Smith, President of the Church of Jesus Christ of Latter-Day Saints. Sworn to, and subscribed before me, at my office in the City of Nauvoo, this 29th day of November, Anno Domini, 1841.

Now, it is to be hoped that none will hereafter be so recldess as to state that I, or the church to which I belong, approve of thieving, but that all the friends of law and order will join in ferreting out thieves wherever and whenever they may be found, and assist in bringing them to that condign punishment which such infamous crimes so richly merit. Joseph Smith,

City of Nauvoo, III., Nov. 30, 1841. To Brevet-Moj.-Gen. WiUon Law: - We, the undersigned, memljcrs of the General Court Martial, detailed by you on the order of Lt.-Gen. Smith, through Maj.- Gen. Bennett, for the trial of David Smith and Joseph Holbrook, officers of the Nauvoo Legion, charged with theft, and being accessory thereto, are of the opinion that they are guilty of the charges preferred against them, and our unanimous decision is that they be casJiiered, and their names be stricken from the rank roU. Witness against David Smith - Hazen Kimball. Witnesses against Joseph Holbrook - B. Young and W. Richards.

President of the Court. Wm. Law, Brev.-Maj.-Gen. C. C. Rich, Brig. Gen. 2d Cohort. H. JIcFall, Adj. Gen. Daniel H. Wells, Com. Gen. S. Bent, Col. 3d Reg. 2d Cohort. T. Billings, Col. 1st Reg. 3d Cohort. J. T. Baenett, Capt. 3d Co. 1st Reg. 2d Ct. lilembers of the Court. To Mfij. Oen. Bennett: - I approve of the above decision, and submit it to you for your action on the case.

To Lt.-Geri. Smith: - The General Court-Martial detailed for the trial of David Smith and Joseph Holbrook, officers of the Nauvoo Legion, have made the above report to me, and asked my concurrence in the same, wliich, under the circumstances, can not be withheld : it is, therefore, submitted to you for your final approval or disapproval.

About the first of April, 1842, a weekly paper was established at Nauvoo, under the editorial management of the " Patriarch " William Smith, a brother to the prophet. This new sheet was entitled The Wasp, from which we are to infer that it was regarded as a stinger by its conductor ; but for illiterate and vulgar abuse and silly nonsense, it has never been excelled perhaps in the State. The prophet in his youth had been pronounced the " genus " of the family, so " Bill Smith," as he M'as always called, was generally regarded as the fool of the family. Nevertheless, he had sense enough to aspire to political honors, aud he was placed on the fusion ticket for one of the members of the Legislature and elected.

Late in 1841, the Democratic party, in State Convention, had nominated Hon. Adam W. Snj'der for Governor; ex-Governor Josepii Dnncan being the candidate of the Whigs. But Mr. Snyder died, and Jndge Ford was nominated to take his place. Early in 1842, the prophet issued a proclamation enjoining his followers to support the Democratic nominees. Yet still, it was policy to divide and distract the anti-Mormon party in the county. This jiarty held a convention, and placed a ticket in the field, as follows, selected from each of the political parties, viz:

Edson 'Wliitiipy. For Sheriff - Stephen H. Tyler. For County Commissioner - Joliu J. Brent. For School Commissioner - Wm. D. Aberuethy. For Coronei - Benjamin Avise.

Xotwithstanding the proclamation, many political aspirants of both parties, believing they could secure tlie Mormon vote, were induced to run as independent candidates; but the result was the election of all the regular Democratic nominees by majorities of 800 to 1,000 votes. The official vote will be found elsewhere. The following is the county ticket elected :

Qitaeeel Among The Chiefs

During the summer of 18-42, a quarrel sprung np between the two great leaders in Nauvoo, - Lieutenant-General Joseph Smith and Major-General John C. Bennett. The causes of this quarrel were never fully known to the public, but are believed to have originated in jealousy. The city, though large and rapidly growino', was not lai'ge enough for them both. Bennett had fast risen to power and greatness, through the munificence of the State Government and the favoritism of tlie Mormon people; and his ambition demanded a greater share of the honors and profits than the prophet was willing to yield him. Though, from the published articles on the subject from both sides, it looks as though there may have been 'a woman or two in it. As they had been close friends before, so now they became vindictive and bitter enemies. But, as was usual. Smith held the reins of power. The Lieutenant- General ont-generaled the Major-General with the masses, and the latter was compelled to leave the city. He who had, within the year or two, held many of the most important offices in the city government, legion and university, was expelled - or he seceded - and began at once to expose the wrongs and wickedness perpe- trated amono; them. Several other leaders, and prominent men at the same time, manifested a rebellious spirit - among tlie rest, Sidney Rigdon, Orson Pratt, George AV. Robinson, the Higbees, William Marks, etc. The power of the prophet restrained all these, however, and Bennett alone was turned over to the buftetings ot Satan.

Bennett at once left the city, and from Carthage and other points began a series of letters in the Sangamo Journal, the Whig organ at Springfield. These letters were widely read and commented on. They are interesting for many reasons. 1. They exhibit in strong light the character of jjennett himself. 2. Whether he is to be regarded as worthy of full credence or not, they portray the workings of tliat semi-theocratic s^'Stem w-Jiich prevailed at Nauvoo; and 3. They give ns an idea of the sort of people he had been associating with, and the motives wliicli actuated them and him. As literary productions they are weak and in bad taste; but we think a portion is worthy of introduction here. We copy from his letter, dated -

I am uow in this place to attend to some of my official duties as Master in Chancery, and h.aving some leisure time, I shall proceed with my histoiy of Joe Smith and the Saints. It is ray determination to state facts, and such facts as will arouse the public indignation, if there is yet virtue and courage left in man - for we are exhorted to be enterprising and courageous - but the heast and faUe prophet (Joe Smith) shall tremble in the days of his captivity like an aspen leaf in the wilderness. The '- Lord's annointed," as Joe is called, must be washed in the laverr of the law, until liis polluted carcass and corrupt soul be purified by fire. And to begin:

1st. - The Duresse. - On the 17th day of May, A. D. 1843, Joe Smith requested to see me alone in the preparation room of the Nauvoo Lodge, U. D., on some important business. We entered, and he locked the door, put the key in his pocket, and di-ew a pistol on me and said : " The peace of m}' family requires that you should sign an affidavit, and make a statement before the next City Council, on the 19th, exonerating me from all pai-ticipatidn whatever, either directly or indirectly, in word or deed, in the spiritual wife doctrine, or private intercourse with females in general ; and if you do not do it, with apparent cheerfulness, I will make catfish bait of you, or deliver you to the Danites for execution to-night ; for my dignity and purity must and shall be maintained before the public, even at the expense of life. Will you do it, or die? " I replied that he had better procure some other person, or persons, to do so, as there were a plenty^who could do it, in truth. ''No," said he, ' ' that will not do ; for it is known that you are well acquainted with all my private acts, better than any other man ; and it is in your power to save me or damn me ; and as you have now withdi-awn from the Church in an honorable manner, over my own signatm-e, a privilege never granted to any other person, you must and shall place it out of your power to injure me or the Church. Do it, or the Mississippi is your portion; will you do it?"

I remarked that it was a hard case, and that I would leave peaceably, and without any public exposition, if he would excuse me. He replied : "I tell you, as I was once told, ' Yom- die is cast, your fate is fixed, your doom is sealed/ if you refuse. Will you do it, or die?" I remarked that I would, under the circumstances, but that it was hard to take the advantage of an unarmed man. " If you tell that publicly," said he, "death is your portion - remember ilie Danites!" He then unlocked the door, we went into the room below, and I gave the affidavit as subscribed before Alderman Wells (who was then doin '. business in the lower room), and made the statement required before the City Council on the 19th. I was not awai-e, imtil Smiday last, that any other person was apprised of the fact of the threat of murder, but on that day Col. Franci? 31. Higbee told me, in~the presence of Geo. W. Robinson, that if it came to the worst, he was in possession of a secret tliat would open the eyes of the people, and that he would file his affidavit if necessary: but he would not tell nie whnt the secret was. Gen. Kohinson, however, informed nie afterwards that it was a kncnvledtre of .loe's threats of iiuu'der. On the 30th of Jiuic, 1843, I called uinin t'ol. Ilisliee for his.all'ulavit, whieh was taken before Gen. Hiram Kimball, an Aklermau of the city, and is in llie following words, to-wit :

Personally aiijicared liefore me, Hiram Kimball, an Alderman of the city of KauviHi. Francis >I. Hiiiiiee, who, bcina; duly sworn according to law, deposeth and sayeth, that Joseph ^?mith told him that John C. Bennett could be easily put aside or drowned, and no person would be the wiser Inr it. and that it ought to be attended to; and he fm-ther remarked, that the sonner this u,is ili.in , the better forthe C'hm-eh, fearing, as he said, that Bennett would maLr smiir ilisdusm-es prejudicial to said Smith. This was about the time of Bennett's withdrawal from the Church, or a short time before; and further this deponent saith not.

My affidavit and statement, under Duresse, were published in the Nauvoo Wasp of the 25th of June, 1843. Is it not high time that this band of mm-derers should be made to feel the just penalty of the law ? It is certainly a most alarming state of society when men are above the reach of law, and free to perpetrate the blackest crimes of cruelty and oppression. All this in a land of boastecj freedom! Great God! where is the arm of power ? Where is liberty and the rights of man? Arise, ye otficers of justice, and assert the majesty of j'our insulted laws. Let the sound of the clai-ion give the alarm ! and horsemen and chai'iots will tell the story, until one stone shall not be left upon another, or a vestige of iniquity and crime to pollute the goodly land.

2d. The Fulfilliuent of Prophect/. - In 1841, Joe Smith predicted or prophesied, in a public congregation in Nauvoo, that Lilburn W. Boggs, ex-Governor of Missom'i, should die by violent hands within one 3'ear. From one to two months prior to the attempted assassination of Gov. Boggs, JNIr. O. P. Rockwell left Nauvoo for parts unknown to the citizens at large. I was then on terms of close intimacy with Joe Smith, and asked him where Rockwell had gone. ' ' Gone ?" said he - ' 'gone TO FULFILL PROPHECT !" Rockwell returned to Nauvoo the day before the report of the assassination reached there, and the Nauvoo Watp remarked : "It yet remains to be known who did the noble deed." Rockwell remarked to a person now in Nauvoo, and whose name I forbear to mention for the present, from motives of prudence and safety of the person, but which shall be forthcoming in due time, that he had been all over upper Missom'i, and all about where Boggs lives ;" and this was communicated to me by that person before I withdi'ew from the Chiu'ch, and we had considerable conversation upon that daring act. Rockwell is a Danite. Joe'spuhlic memory is very treacherous on this subject, I presume; but his primitcraeuiory is so good he keeps a guard around his house every night, with the State cannon and a full supply of small arms, for the protection of his person against any attempted arrest. He likewise requested me to write to Gov. C'arlin for his protection, which I agreed to do; and accordingly did, asking the Governor whether he would be protected from any ilUf/iil act of violence ; to which the Governor replied that till citizens should receive equal protection, but that he knew of no privileged man, or order of men, and that the cUgnity of the State should be preserved according to the strict letter of the Constitution and the laws. This letter I refused to show to Joe, as open hostilities had commenced between us ; and he accordingly detailed a court-martial to try me for treason against the citizens of the State of Illinois! ! ! This Court I regarded as illegal, and treated it with that utter contempt whicli such an assemblage of inferior officers will always receive at m)' hands. Now, I call upou Col. Francis M. Higbee to come out and tell what he told Gen. Robinson and myself, in relation to the murder of a certain prisoner in Missouri. Col. Higbee, do not fear to tell the dreadful story ; tell exactly how Joe had the murder done up, and what part he ordered you to take in the affair, but which you did not take. Tell it as Robinson knows it, and as 3-ou told me, and do not fear. Gov. Rejniolds will make another demand, and Joe shall be delivered over. I will visit Jlissouri and tell the dreadful story. Let the call be made, and the laws shall be executed.

3d. My Late Vuit to Sprincrfidd. - On my arrival in Carthage, I found, as all the citizens well know, that I was followed by Mr. O. P. Rockwell, a Danite, who, on his arrival late in the night, made strict inquiries as to where I was : his ostensible business was to put a letter in the post office ! ! but judge ye the real design. I was prepared for the gentleman, and he approached me not ; but another 'swift rider, Capt. John D. Parker, another Danite, followed me to Springfield, to carry a letter to Dr. Helm ; but he had another object, and you may well suppose what it was. I told Capt. Parker that I was aware of his object, but I feared him not. At Virginia, in Cass county, ou my return, Parker met me again, and I called the attention of the stage driver to him, who thereupon put two additional baUs into liis pistol, and then informed me he was ready for him or any other person having the same object in view. Many of the Danites have been aromid me in Nauvoo, for the purpose of secret murder, in order to save the arch-impostor Joe from public infamy.

4th. Mrs. Sarah M. Pratt, wife of Professor Orson Pratt, of the University of Nauvoo. - Joe Smith stated to me at an early day in the history of that city, that he intended to make that amiable and accomplished lady one of his spiritual wives, for the Lord had given her to him: and he requested me to assist him in consummating his hellish purposes; but I told liim that I would not do it; that she had been much abused and neglected by the Cluu-ch during the absence of her husband in Eiu-ope, and that if theLord had given her to him he must attend to it himself. - ' I will do it, " said he, "for there is no "harm in it if her husband should never find it out." I called upon Mrs. Pratt and told her that Joe contempUted an attack upon her virtue, "in the name of the Lord," and that she mast prepare to repulse him in so infamous an assault. She replied: "Joseph can 'not be such a man: I can not believe it until I know it for myself, or have it from his own lips; he can not be so corrupt." "Well," I replied, "you will see, unless he changes his mind." Accordingly in a few days Joe proposed to me to go to Ramus witli him. I consented to go, and we started from the house about four o'clock, p. m., rode into the prairie a few miles, and returned to the house of Capt. John T. Barnett, in Nauvoo, about dark, where we put up the horse with Baruett's permsssion. He, Joe, pretended we were looking for thieves. We then proceeded to the house where Mrs. Pratt resided, and Joe commenced discoiKseas follows: " Sister Pratt, the Lord has given you to me as one of my spiritual wives. I have the blessings of Jacob granted me, as he granted holy men of old, and I have long looked upon you with favor, and hope you will not -deiiy me." She replied: "I care not for the blessings of Jacob, and I believe no Buch revelations; neither will I consent under any circumstances. I have one good husband, and that is enough for me." Joe could not come it I He then went off to two, and then returned to Barnett's, harnessed our horse, started for Ramus, and arrived at Carthage at early breakfast. We then went to Ramus, and returned to Carthtige that night, and put up at the house of Esq. Comer. Next day we retmned to Nauvoo. I called on Mrs. Pratt and a.sked her what she thought of Joseph. She replied: "He is a bad man. beyond a doubt." Mrs. Pratt, in a conversation with Mrs. Goddard, wife of Stephen H. Goddard, said: "Sister Goddard, Joseph is a corrupt man; I know it, for he made an attempt upon me." Three times afterward he tried to convince Mrs. Pratt of the propriety of his doctrine, and she at last told him : "Joseph, if you ever attempt anything of this kind with me again, I will tell Mr. Pratt on his return home; I wiU certainly do it." Joe replied, "Sister Pratt, I hope you will not e.xpose me; if I am to suffer, all suffer; so do not expose me. Will you agree not to do so?" "If," said she, "j'ou will never insult me again, I will not expose you, unless strong circumstances require it."

"Well, Sister Pratt," says Joe, "as you have refused me, it becomes sin, unless sacrifice is offered;" and turning to me, he said, "General, if you are my friend, I wish you to procure a lamb, and have it slain, and sprinkle tlae door-posts and the gate with its blood, and take the kidneys and the entrails and offer them upon an altar of twelve stones that have not been touched with a hammer, as a burnt offering, and it will save me and my priesthood. Will you do it?" "I will," I replied. So I procmed the lamb from Capt. John T. Barnett.* and it was slain by Lieut. Stephen H. Goddard, and I offered the kidneys and entrails a sacrifice for Joe, as he desired; and Joe said, "All is now safe : the destroying angel will pass over without harming

* We have the authority of Capt. Barnett for the statement that Bennett's story ii trae, so farai tothe procnring of alamb fromhim. The Iamb was obtained by Bennett, the Captain what he desianed doing with it. Cant. Ti. now reside- at (ra'i s'»arg. III.

any of us." Time passed on in appiirent friendship, until Joe grossly insulted Mrs. Pratt asain, after her luisband liad returned linine, liy approarhiuj;- and Uissiiu; her. Tliis liii;hly olfeiuled her. and slie luld Mr. Pratt, who was uuieh eiM-ai;ed, aiul went aud told Joe never to otfer an insult of the like again. Joe replied: "1 did not desire to kiss her; Bennett made me do it." Joe, you can't come it ! Mrs. Pratt is far above yom- foul and polluleil lireath, your calumny mid detraction. I now appeal to Jlrs. Pratt, if this is not true to the very letter. Just speak out boldly.

5th. Miss Kiiiici/ liiffchin, daughter of Sidney Rigdon, Esq. - [A story of a similar attempt on Miss Rigdon, in which General Bennett and Col. F. M. Higbee interfere, and she is saved.]

Personally appeared before me, Samuel JIarshall, a Justice of the Peace in and for said county, John C. Bennett, who, being duly sworn according to law, deposetli and saith, that the affidavit taken before Esquire Wells, on the 17th of May, and the statement before the City Council of Xauvoo, on the 19th, as published in the Wiif.p of |the 2oth of June, 1843, are false, and were taken under duresse, as stated in tins letter * * * John C. Bensett.

Bennett's third letter to tlie SaiHjamo Joxirnal is devoted largely to an expose of Smith's action as trustee for the Church, and in taking the benefit of the bankrupt law. He concludes as follows:

Come out, gentlemen, and renounce and denounce Joseph Smith, that soul-damnhig impostor. Come out xow, or bow down and lick the dust, worsliip at his shrine, and chain your fate to the wheels of damnation and the car of Iniquity. The issue is made up: it can not be averted ; and I pray God that the "bitter cup may not pass." You all, with Francis il. Higbee, Geo. W. Robinson, Chauncey L. Higbee, Heiuy Marks, and hundreds of others, know that I have told the mivarnished truth, and the people at lai-ge will beheve me, though I have not yet told half the dreadful stokt ! Come out from among the ungodly, and be ye separate. Gen. Robinson writes under date of July 3d : Joe says to the people : ' - Look out \ look out ! These men, I will venture to say, will come out on me with aU their power, aud say and do all they can to put me down ; but do not believe one word of their ciu'sed lies ; for I know I am a prophet." Yes, and Pratt, and Rigdon, and Robinson, and the Higbees, and the Slarks, and hundreds of others, know you to be a liae, Joe ; and Pratt and others have told you so in the face of open day. Yon lied in the name of the Lord I Remember that, you base blasphemer 1 remember that and weep ! took at your black catalogue of crimes, yom' seductions in the name of yom' !Maker, yoiu- robberies, and your murdersi Why, Satan blushes to behold so corrupt and loathsome a mortal, - one whose daring deeds of crhne so far siu^iass hell's darkest councils, as to hide the sable Prince in impenetrable darkness forever. * * *

I aiii going over to Missom'i to have Joe taken to justice; and then I am going to Kew York to publish a book to be called '- The History of the Saints," in which I shall tell most of the actings and doings at Nauvoo for the last two years - of most of their great men, and some of their great women, too. So, look out for breakers. We shall have full disclosures, if the fianites don't catch me ; they are after me like prowling wolves, by Joe's special orders. In ha.ste, Yours respectfully,

An apology niaj seem necessary for occupying so much of our space with this man's braggadocio letters; but it should lie remembered that he was for more than a year the second man in position in the city and in the Church; that he had during that time the full confidence of the prophet and his people; aud more, that he was an officer by appointment of the Governor of the State and a Judge of the Circuit Court. Tliat he was a weak man and a knave, his own conduct and expose abundantly pi-ove; and it is left for the public to decide how far his statements are to be relied on. Notwithstanding his urgent appeals, he failed to carry with him the men to whom they were made; though it is to be noted that, within the next two years, they all, or nearly all, seceded from tlie Church, and by their course brought about the events which ended in the prophet's death.

We have been utterly unable to obtain possession of the Wasj), the Nauvoo paper of that period. The Mormon side in the controversy, it is remembered, was not left behind in the use of "names" and invective. So that about the proper conclusion for the outside public to adopt, was to believe both sides - a conclusion which time has only strengthened.

Fcethee Eeqoisitions

In August of this year a new demand was made for both Smith and Eockwell, and sent to Gov. Carlin, at Quincy, who issued a warrant for tlieir arrest, which was placed in the hands of an officer dui-ing the week after the election. He repaired to Nauvoo, and on Monday, the Sth, made the arrests without difficulty. The prisoners were immediately' taken on a writ of Aaleas eoi'pus issued by the Municipal Court, brought before that body and at once discharged. The officer insisting that the Court had no jurisdiction, and that the discharge was illegal, it was agreed by Smith, that if the writ sliould be returned to the Governor, with the indorsement that the prisoners had been discharged b}' the Municipal Council, he would hold himself in readiness to obej% if the Governor should again send for him. The officer hereupon returned to Quincy, but was dispatched back Ijy the Executive with orders to re-arrest at all hazards. In the meantime Smith had taken legal counsel, and when the officer returned had disappeared. It is believed that he was hid in the cit}-. The name of Rockwell seems somehow to have been dropped. AVhy no etlbrt was ever made to jirocure Eockwell, who was clearly amenable to the laws of Missouri, is not well understood.

We find an ordinance of the City Council, dated the Sth of August, the day of the arrest, but whether passed in anticipation of that event, or subsequent to it, and to guard against the future, does not appear. It is evident, however, that whether discharged by virtue of it, or before its passage, the discharge was in any case flagrantly illegal. - [For this ordinance see sub-head, " Charter and Ordinances, further on. "J

As I before said, Gov. Carlin, in 1842, had issued his warrant for the arrest of Joe Smith, the prophet, as a fugitive from justice in Missouri. This warrant had never been executed, and was still outstanding when I came into office. The Mormons were desirous of having the cause of arrest legally tested in the Federal Court.

Upon their application a duplicate warrant was issued in the winter of 1842-3, and placed in the hands of the Sherifl" of Sangamon countv. Upon this Jce Smith came to Springfield and surrendered'himself a prisoner. A vrrit of /laleas cormis was obtained from Judge Pope of the Federal Court, and Smith was discharged." - [Ford's Hist. Ill, p. 314.

As much controversy has been had in regard to the discharge from this arrest 1)}' Judge Pope, it is proper that we should give the basis of the arrest, and the Judge's reasons for the discharge of the prisoner. The following are the official pajjcrs in the case:

This diiv personally appeared before me, Samuel AVestoii, a Justice of the Peace within ami for the county of .Jackson, tliesuliseriber, LilliurnAV. Boggs, who being duly sworn, doth depose andsay, that on theniglit of the (it h day of Jlay, 1842, while sitting iu hisdwelling in the town of Independence, inthe county of Jackson, lie was shot with intent to lull, and that his life was despaired of for several days ; and that he believes, and has 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 mm-der ; and that the said Joseph Smith is it citizen or resident of the State vf Illinois; and that the said deponent hereby applies to the Governor of the State of Missouri to make a demand on the Governor of the State of Illinois, to deliver the said Joseph Smith, commonly called the Mormon prophet, to some person authorized to receive and convey him to the State and county aforesaid, there to be dealt with according to law.

"Whereas, It appears by the annexed document, which is hereby certified to be authentic, that one Joseph Smith is a fugitive from justice, charged with being accessorv tiefore the fact, to an assault with intent to kill, made by one O. P. Rockwell, onLilburn W. Boggs, in this State : and it is represented to the Executive Department of this State, has tied to the State of Illinois ;

Now, therefore, I, Thomas Reynolds, Governor of the said State of Missoun,_ by virtue of the authority in me vested by the Constitution and laws of the United States, do by these presents, demand the surrender and dehvery of the said Joseph Smith to Edward R. Ford, who is hereby appointed as the agent to receive the said Joseph Smith on the part of the State. In testimonj', etc. The People of the State of Illinois to the Sheriff of Saiir/amon, coiwit/ - Greeting:

Whereas, It has been made kno-ivn to me by the Executive authority of the State of Missouri, that one Joseph Smith stands charged by the affidavit of one Lilbnrn W. Boggs, made on the 20th day of July, 1842, at the county of Jackson in the State of Missouri, before Samuel Weston, a Justice of the Peace witliin and for the county of Jackson aforesaid, vrith being accessory before the fact to an assault with intent to kiU. made by one O. P. Rockwell on Lilburn W. Boggs, on the night of the 6th day of Mav, 1842, at the county of Jackson, in said State of Missom-i, and that the said Joseph Smith had fled from the justice of said State and taken refuge in the State of Illinois :

Now, therefore, I, Thomas Ford, Governor of the State of lUinois, pursuant to the Constitution and laws of the United States, and of this State, do hereby command you to arrest and apprehend the said Joseph Smith, if he be found within the limits of the State aforesaid, and cause him to be safelv kept and delivered to the custody of Edward R. Ford, who has been duly constituted the agent of the said State of Missouri to receive said fugitive from the justice of said State, he paying all fees and charges for the arrest and apprehension of said Joseph Smith, and make due return to th"e Executive Department of this State, the manner in which this writ may be executed. In testimony whereof, etc.

And now, at the distance of over a third of a century from these events, and regarding tliese writs and the facts in the light of reason and common sense, it seems like mere boys' play that these chief magistrates and officials were engaged in, or, worse still, that they were purposeh' and wickedly issuing writs they knew to be defective, in order to avoid the responsibility resting upon them as conservators of the peace and supporters of the law's majesty. The writs were illegal and wrong : first, because if Joseph Smith did send Orrin P. Rockwell to Missouri to kill Gov. Boggs (and' that be did, vre believe, is almost the universal verdict), - if he did, his crime was not against the State of Missouri, but the State of Illinois, where he resided and was a citizen, and by Illinois laws and courts must he be tried and punished. Secondly, ex-Gov. Boggs' affidavit plainly charges that Smith is a " resident or citizen of the State of Illinois;" and hence, for Gov. Reynolds in his requisition, and Gov. Ford in his writ of arrest, to say tiiat he had "fled from the justice of the State of Missouri," were palpable and unwarranted perversions of fact, not only as stated by Boggs, but as they all knew it to exist. So, it is fair to presume that these officials knew, and that the prophet knew before ho submitted himself as a prisoner at Springfield - as well as we know now - that Judge Pope was bound to discharge him. And he did discharge him, chieiiy on the grounds above stated, in these words:

The Court can alone regard the facts as set forth in the atfldavit of Boggs, as having any legal existence. The mis-recitals and over-statements iu the requisition and warrant are not supported bj' oath, and can not be received as evidence to deprive a citizen of his liberty, and transport hkn to a foreign State for trial. For these reasons. Smith must be discharged.

Fuether Attempts At Prosecution

In the year 1S4.3 it was not deemed expedient, nor was it possible to keep up the Anti-Mormon organization. The Whig politicians had hopes of securing the Mormon vote, or at least of dividing it in favor of their candidates. Smith had been released from arrest by Judge Pope, a Whig judge, and his case had been ably argued by Whig lawyers. The Democrats equally desired a party organization, and expected to retain the vote because they had heretofore secured it, and saw no reason for a change. The Warsaw Message had succeeded the Signal, rrnder charge of Gregg and Patch - the latter its political editor, who strongly favored distinct Whig organization and a full Whig local ticket.

On the 10th of May, at a Whig convention at Rock Island, in which the Mormons were represented, Cyrus Walker, of Macomb, was unanimously nominated as the AVhig candidate for Congress. Joseph P. Hoge, of Galena, was about the same time nominated by the Democrats for the same office. This, the Fifth Congressional District, embraced the fifteen counties of Jo Daviess, Carroll, Stephenson, AVinuebago, Ogle, Whiteside, Rock Island, Mercer, Warren, Henderson, McDijnough, Stark, l^ee. Knox and Hancock.

The two candidates were representative men of their respective parties, and personally popular. Mr.-Walicer was an old lawyer of distinction in the State, and regarded as the peer of tlie leading lawyers at the capital. Iloge was a 3'ounger and newer man, but was talented, energetic, and a good stump speaker. He had never been in anj' way identified with the Mormons, residing in a county remote from them in tlie district. Walker was supposed to be in good favor witli them, and had once or twice acted as counsel for the Prophet.

Soon after the nominations, the campaign of the district began with great vigor. To make a thorongh canvass in so large a district, it required a great deal of time and a great amount of physical energy, it being necessary to address the people in at least three or four, and often eight to ten, places in a county. Irrespective of the Mormon vote, there was a decided Whig majority in the district, and the probabilities were strongly in favor of the success of the Whig candidate.

But the "irrepressible conflict" between Missouri and the Mormon prophet, was not yet at an end. True to his threat. Gen. Bennett had gone to that State and succeeded in procuring another indictment against his enemy, and another requisition. Ford's History states tliat this indictment and requisition were against both Smitli and Eockwell for the attempt upon the life of ex-Grov. Boggs. But Mr. Southwick, one of Smith's Dixon attorneys, in a statement made to tlie 2Iess<cg6 of July 15, says it was against Smitli alone, for " treason against the government of Missouri." As no after attempt was made to arrest Eockwell, the latter statement is prob- &\Ay the correct one. On the requisition Gov. Ford issued his warrant for Smith's arrest, and placed it in the hands of Harmon T. Wilson, of Carthage, a deputy Sheriff, with instructions to serve it and place the prisoner in tlie hands of Joseph H. Reynolds, the agent of Missouri.

Learning that Smith and his wife were on a visit to her relatives at Palestine Grove, in Lee county, Illinois, toward the northern pact of the district, and about 1.50 miles from jS'auvoo, they quietly repaired thither, found him at the house of his friend, arrested him, and placing him in a carriage, started by way of Dixon, the countyseat. Here the prisoner was allowed to consult with lawyers, who procured for him a writ of habeas corpus from the Master in Cliancery in said county. Tliis writ was made returnable before Judge Caton, at Ottawa, in whose circuit they were. This placed the officers as prisoners in tlie hands of the Sheriif of Lee county. The morning following they started for Ottawa, distant about forty miles, and after traveling three-fourths of the distance, were informed that Judge Caton was temporarily out of the State, when they returned to Dixon.

Before starting for Ottawa, Smitli had commenced suit in the Lee Court for false imprisonment against Reynolds and Wilson; and being unal»le to procure bail, thev were held in the custody of the Sheriff. Against this arrest they also procured a writof AaSeas corpus^ returnable before Judge Young, at Quincy, - and this writ was also placed in the hands of the Sheriff. After the return to Dixon, Smith procured another writ of habeas coiyus (as a substitute for the first one), returnable before the " nearest trihimal in the Fifth Judicial Circuit, authorized to hear and determine writs of habeas corjyus.^'' The Fifth Judicial Circuit embraced Quincy (the residence of Judge Young), and also Nauvoo, with a JMunicipal Court, claiming the right to hear and determine writs of habeas cojpus.

These proceedings completely turned the tables upon the officers. Instead of Smith as their prisoner, tiiey found themselves under arrest and unable to give bail, with Smith really a free man; the fiat had already gone forth that he would be discharged ; for was not the Nauvoo Municipal Court ?!,«a/'(?^ than the court of Judge Yoang, at Quincy? and was not Smith himself Mayor of the city and presiding officer of that Court?

Smith's arrest was made on Thursday, tlie 23d of June, and on Monday, the 26th, the cavalcade, " consisting of Reynolds, Wilson and Smith; Messrs. Walker, Southwick and Patrick, the counsel of Smith; McKay, a guard employed by Reynolds to guard Smith; Sanger, the owner of the stage coach that took them; McCorasey, the driver of one of the teams emploj'ed; Ross, the driver of the stage coach; Mason, attorney for Reynolds and Wilson; Wassou, a relative of the wife of Smith; Montgomery, son-in-law of Walker; and Mr. Campbell, Sheriff of Lee county - all started from Dixon soutliward in the direction of JSfauvoo and Quincy. Where were they going, and what were they going for? The officer had in his pocket two writs of habeas corpus, directing him to carry the persons therein named, one to Judge Young, at Quinc}', the other to any authorized court in the Fifth Judicial Circuit, to hear and determine on habeas corpus. It is not too severe a judgment to say, that all five of those legal gentlemen well knew that the place where those writs were properly returnable, was Judge Young's court. Instead, they traveled directl}^ to Nauvoo. The conclusion is irresistible, that when that second writ was obtained, the purpose was to carry them before that nondescript tribunal. We have, indeed, the testimony of one of the attorneys to that effect. Mr. Southwick says: "No threat or intimidation was used b}^ any person whatever, to induce Mr. Campbell, the Sheriff of Lee county, to go to Nauvoo with Reynolds; and Mr. Campbell well knew before starting from Dixon, that it was the determination of the whole company to go to Nauvoo, he particularly consenting to the same. The stage was also chartered to go to Nauvoo. Smith stated before leaving Dixon, that he should stibmit to the law, and appeared desirous to do so.'' (.'.')

'-Smith pledged his word," continues Mr. Southwick's statement, " previous to his arrival in Nauvoo, that Reynolds should not be harmed;" and he was not. He and Wilson- were even invited to dine with the prophet at bis house, which they did, and were introduced to his family! " In the afternoon of the daj' of said, arrival, a writ of habeas corpus (still another!) was issued by the Municipal Court of the city of Nauvoo, directed to lieynolds, requiring him to bring before said Court the body of said Smith; which he accordingly did, objecting, however, to the same, that said Court had no jurisdiction of the case. "

Of course he did; and the next sentence shows that there was still a lingering qualm of conscience on the part of counsel. Mr. Southwick con.tinues: "The counsel of Smitli, however, appeared to entertain a different opinion as to the jurisdiction of said Court, and the examination was had before them and Smith discharged upon the merits of the case, and upon the substantial defects in the warrant."

' When Smith was arrrested it so happened that both Walker and Hoge were in the vicinity of Dixon canvassing the district. In addition to the two Dixon attorneys. Smith sent for and engaged AValker. This gentleman left his appointments, and, as we have seen, rode with the cavalcade to jSTanvoo, and, it is said, there made a three-hours speech in favor of Smith's discharge by the Municipal Court, and contending for its jurisdiction. Gov. Ford, in his history, states that both he and lloge, from the public stand in Nauvoo, afterwards declared their belief in the existence of the power claimed by the Court.

Being thus signally baffled, the Missouri agent applied to Gov. Ford for a militai-y force to enable him to retake Smith; and Mr. Walker, as Smith's attorney, repaired to Springfield to resist the application. The Governor declined to grant Reynolds' request, and the matter was dropped.

Thus ended another move, and the last one, in the interesting game of " Demand and Discharge " which the chief executives of two great States had been for two or three years playing.

Itis funny to note how differently the two interested parties tell the incidents of this arrest. If either be true, it was dramatic in the extreme.

While he (Smith) was there (at liis wife's sister's residence, 13 miles from Dixon), a ilr. J. H. Reynolds, Sheriff of Jackson county. Mo. (so he says), and Mr. Harmon AVilson, of Carthage, arrived at Dixon, professing to be Monnon preachers ; from thence they proceeded to Mr. Wasson's, at whose house Mr. Smith was staying. They found Mr. Smith outside the door, and accosted him in a very uncouth, ungentlemanly manner, quite in keeping, however, with the common practice of Missourians. The following is as near the conversation as we can gather ; Eeynolds and his coadjutor, Wilson, both stepped up at a time to Mr. Smith, with their pistols coc'^ed. and without showing any wiit or serving any process, ilr. Reynolds, with

"I am not afraid of your shooting," answered Mr. Smith. "I am not afraid to die." He then bared his breast and said, "Shoot away; I have endm'ed so much of oppression I am weary of life, and kill me if you please. I am a strong man, however, and with my own uatiu-al weapons could soon level both of you ; but if you have any legal process to serve, I am at aU times subject to law, and shall not offer resistance."

They then hm'ried him oS to a carriage they had, and without serving any process were for hurrying him off without letting him see or bid farewell to his family or friends. Mr. Smith then said :

The account goes on to say, that, arriving at Dixon, tliey put n]S at a hotel where Reynolds continued very abusive of Smith, and refused to let him see or converse with a lawyer, so much so that the bystanders interfered, when he relented, and did allow him to consult with two attorneys.

This stor^' differs greatly from the one told by Wilson. We have heard it from his own lips; and knowing him as we did for many years'previous to his death, can not but believe his statement to have been substantially true.

He stated that he and Reynolds drove in their carriage to the residence of Mr. Wasson, alighted and hitched their team, and stepping to the front door, inquired for Mr. Smith. The answer was very unsatisfactory, but that he was not there. They took seats, however, - Reynolds in the doorway, and Wilson on the step outside, - and entered into conversation. While thus engaged, Wilson, who had a view of the stairway, saw Emma, the prophet's wife, hastily cross the hall at the head of the stairs. This convinced him that they were on the right track. The conversation continued a little longer, but Wilson was becoming excited and uneasy. Rising from his seat, he made a step or two to the corner of the house, and casting his eye along the side of the building, was astonished to see, off in an open field one or two hundred yards, the object of their search, running towards a piece of woods some distance away.

On the impulse of the moment, and without bidding good-bye to the household, or explaining to Reynolds, he gave a whoop, and started in pursuit, leaving his companion to bring up the rear. The pursuers, being lighter in weight and nimbler of foot, gained upon the pursued. So he resorted to strategy. He was nearing an old building, uninhabited, but at the side of which was a well, and near by a lot of clothes sjiread over some grass and weeds to dr}'. It was evident that Smith had been making lor the forest beyond; but on arriving at the bnilding, Wilson could nowhere see the fugitive. He certainly had not had time to reach the woods, nor could he be seen about the building. Giving a hurried glance at the surroundings, - taking in the cabin, the weeds, the drying bed-clothes, - an idea struck him, and the ne.\t moment he saw a pair of boots partly protruding from beneath some l)edding on the weeds,

B}' this time Reynolds was close at hand; but, in his excitement, and without waiting to see if there was a man in the boots, or who that man might be, Wilson sprang upon the blanket and called on Reynolds to come on. The man in the boots soon emerged from beneath, and stood before them as their prisoner, and in great trepidation assured them of his surrender. In due time he was placed in the carriage, and they started on their journey - a journey ludicrous in its beginning, but disastrous to them in the end.

Excitement At Nauvoo

While these things wei'e transpiring np north, tremendous excitement existed at Nanvoo and over Hancock county. As soon as possible after the arrest, the news thereof had been sent to the city by swift messenger, and quick preparations were, made for their prophet's rescue. But it was not known what route to Missouri would be taken by the oflicers with their prisoner. It was conjectured that they might drive eastward, and take steamer at the nearest point on the Illinois i-iver; or that they might aim to put him on board a St. Louis steamer at Rock Island ; or that he might be taken in bv-waj-s across the country. All these contingencies were provided ibr. The little steamer Ariel, owned and employed at Nanvoo, was armed, it was said, with a cannon or two, and manned, and despatched down the Mississippi to intercept them in or at the mouth of the Illinois river. At the same time squads of horsemen were sent out on the various roads toward Dixon. The delay, as we have seen, at that place, gave time for numbers of these horsemen to be a considerable distance on their way north before the party of prisoners and lawyers had left for Nauvoo; and during the journey it was met bj- many of them, who turned and escorted their chief back to the city.

These events occurred during, the latter part of June and the iirst days of July; and it was some time before Mr. Walker was ready to resume his canvass. His conduct, as well as that of Mr. Hoge, was the occasion of much comment throughout the district, and many Wliigs were highly indignant. It is believed that Smith had intended in scood faith to throw the Mormon vote to Mr.

"Walker; but the dissatisfaction of the Whigs in part, and for the reason that Reyiiold's application to the Governor for a force to aid him in retaking Smith was still held in terrorem over him, he changed his policy. Ford himself states that a friend of his, in hi& absence and in his name, had pledged to a Mormon emissary, Backenstos, that if they would vote the Democratic ticket, the force should not be sent. - [p. 317.

The Governoi-'s statement of what occurred at Nanvoo in regard to the matter so nearly accords with what we learned from other sources, that we give it in his own words:

A great meeting was called of several thousand Mormons, on Saturday before the election. Hyrmn Smith, patriarch in the Mormon Church and brother to the prophet, appeared in this great assemby, and there solenmly announced to the people that God had revealed to him that the Mormons must support Mr. Hoge, the Democratic candidate. William Law, another great leader of the Mormons, next appeared, and denied that the Lord had made any such revelation. He stated that to his certain knowledge the prophet Joseph was in favor of 3Ir. Walker, and that the prophet was more likely to know the mind of the Lord on the subject than the patriarch. Hyrmn Smith again repeated his revelation, with a greater tone of authority. But the people remained in doubt until the next day, being Sunday, when Joe himself appeared before the assemblj'. He there stated that "he himself" was in favor of Mr. Walker, and intended to vote for him ; that he would not influence any voter in giving his vote ; that he considered it a mean business for him or any other man to attempt to dictate to the people who they should support in elections; that he had heard his brother HjTum had received a revelation from the Lord on the subject; that for his part he did not much believe in revelations on the subject of elections; but brother Hyrum was a man of truth ; he had known brother HjTmii intimately ever since he was a bo}', and he had never known him to tell a lie. If brother Hyrum said he had received such a revelation, he had no doubt it was a fact. When the Lord speaks, let all the earth be silent.

That settled it. The election occurred on the next day. It is believed the prophet did, with a few others, vote for Walker, in the face of the revelation; but the body of his followers voted for Hoge, giving him 2,088 votes to Walker's 733 in the county, and beating him in the district by 455 votes. This change of position at Nauvoo was not known in Adams county till after the election; so Mr. O. H. Browning, the Whig candidate in that district, received the Mormon vote there.

To Mr. Walker and his friends, and the Whig party generally, this result was the more aggravating from the fact that it was made quite evident that by a straightforward, honest and independent course, thus securing a full and enthusiastic Whig support, he could have been elected with the Mormon vote solid against him.

The conduct of politicians and political parties, during the campaign of 1843, gave a new impulse to the Anti-Mormon sentiment, and measures to prevent their recurrence began at once to be taken. The election fullj' developed the fact that, although two or three good men had been chosen to county offices - men not objectionable to the great body of the old citizens - yet practically tlie whole conntj was at the feet ot" tlie prophet. Four of the officials elected were Mormons, and one of tiiein, James Adams, was not even a citizen of the count}'. At the time of his election as Probate Judge, lie held the same office in Sangamon county; having joined the Church and being about to settle in Nauvoo, he was placed upon the ticket here and elected.

Mr. Adams died within a mouth after his election, when at a special election to fill the vacancy, David Greenleaf, an old settler Democrat M-as chosen in his place.

An eftort to reorganize the Anti-Mormon party was decided on. Accordingly a public meeting was called at the county seat on the 7th of September, at which a central and other committees were appointed, and other steps taken toward a permanent organization. Among the resolutions passed was one - which we now think objectionalde, and should have been omitted - recpiesting the Governor of Missouri to make another demand for Smith, and pledging aid in the execution of the writ.

In the meantime difficulties were frequently occurring between the parties at various points in the county and at Nauvoo, whicii tended to keep alive the excitement. Numerous acts of tyranny were perpetrated by the prophet on citizens of the county, and even on his own followers; and heavy fines were inflicted at his instance, for no punishable otfense, by tlie Municipal Court, or by himself as Mayor and presiding officer of the Court. If he committed an ofiense against an individual, which rendered him liable, he had an' easy way of escaping, which was to procure an arrest by some of liis tools, have an ex -parte hearing, and get discharged ; then, if an officer called upon him, he was coolly informed that he was too late !

One of the most conspicuous of these outrages was perpetrated on Mr. Alexander Sympson, of Carthage, a well-known and prominent Anti-Mormon, about the beginning of 1S44. This case so fully sets forth the man and his methods, that we give it in Mr. Sympson's own words:

Dear Sir : - Through the columns of yoiu- journal I wish to make a full and fair statement of an occmTence with myself and the Mormon prophet at Nauvoo. I beg your indulgence while I give the particulars, as I wish it to go to the world in its true colors.

On the 17th day of last months I was waited on by Mr. Roundy, of Nauvoo, at !Mr.. Davis' store, of that place, with a request to go immetliately to see the prophet at his own house, as he had some important business with me. I asked him if he knew what was wanting. . He said he did not. I went' with him to see what the prophet wanted. On arriving there we were told that he had gone to his farm in the coimtry. He then requested me to go [and see a Mr. Phelps, who was his clerk ; he in all probabiUty could teU what was wanting. On seeing Phelps, he could tell nothing about the business I was sent for. I went with him to the Steamboat Hotel, ^ where I board ; got my dinner, and was returning to my business in Dr. R. D. Foster's effice, near the temple. On my way I was again met by this Mr. Roundy, who informed me that the prophet had left the business with a Col. Dunham to attend to, and that he was at the office waiting for me, and wished me to call and see him immediately. I again asked if he knew what was wanted. He assured me did not know. We went to the office ; Dunham was not there ; after waiting and looking for Duiiham about one hour, I told hira I could stay no louger. Said he, " Wait a few minutes longer ; I have sent for Dunham, and I see the man I sent running across the street ; he no doubt sees him, and will be here with him in a few minutes." Accordingly I waited some 30 or 30 minutes; they did not appear, and I told him I must leave ; that he might tell Dmiham he could find me in Dr. Foster's office anj' time that evening. I was in the act of leaving, when he said, "If j-ou can not stay any longer, I must inform you that I must detain you on behalf of the people of the State of Illinois." I asked him why he did not tell me so at first, and not trifle with me in that way ; and ' ' Where is y oiu^ authority, and what am I detained for ?" He replied, that he had no precept - that he was a police officer - and by the ordinances of the city he could take me as well without as with a precept ; and that I was accused of an attempt to mm-der and rob a Sir. Badhani, who resides some five or six miles from the city, on the Carthage road, and that the prophet (Mayor) had told him that morning to arrest me. I asked who made the complaint. He said if he was at Esq. Johnson's office he could tell. We went to Esq. Johnson's office (it was now 3 o'clock p. M.) and asked for the papers. He, Johnson, showed me a blank affidavit and warrant, and said he got word to make out those papers this morning, and a Mr. Dunham had just left the office to fiud a man that would swear to it ; and if he could not find him, he would retm'n and swear to it himself. I remarked that "If Dunham could hire a man to swear to a d - d lie, he would do so ; if not he would do it himself."

By this time there had several called to see the prisoner. I spoke freely about their proceedings, and the power usurped by the prophet, which did uot relish so well. The prophet was brought to set matters right. He told me why he had me apprehended ; that he had been told I was the man, and he thought it his duty as Mayor to have me tried ; and that they had a right to take a man without a writ in that city ; and said he : " Jlr. Sj'mpsou, you know I am a man that keeps notliing back. Mr. Badham has seen you, and says that you are the identical man that stabbed and robbed him, and sent me word to have you apprehended ; which I have done."

I was held in duress tiU seven o'clock, or a little after that time. Neither Dunham nor the man he went after had yet retm-ued. The prophet. Smith, then made affidavit that he reallj- believed I was the man who stabbed and robbed Mr. Badham, on or about the 10th of December last. The warrant was issued and served at haltpast seven, p. m. We then went to trial. R. D. Foster, Esq., was called to assist Esq. Johnson. Mr. and Mrs. Badham were sworn in behalf of the State. Mr. Badham was examined first :

I then asked him if he had ever seen me before. He said he had no recollection of ever having seen me. I asked him if he had sent the prophet word that he had seen me, and that I was the man who had committed the act, and he wanted me apprehended. An«. I never did.

His Holiness, the prophet, came next, and requested to tell his story without any questions being asked. After he got tlirough, I remarked to the Com-t that I wanted to propound a few questions to the witness. Leave was granted.

Q. Have you the smallest particle of befief whatever, at this time, that I am the man who committed the act with wliich I am charged ? Atis. No, sir; / have not now, and I nevr had.

I replied: "You did, sir." The affidavit was then read, and he too plainly saw that it cUd not agree with his evidence in the case. Said he, extending his hand towards Esq. Johnson, who had just read the aflBdavit, "Give me that paper." The Court hesitated. He asked for it again ; he said it was couched in stronger language than he had intended to swear to.

]\Ir. Higbee, my attorney, said he hoped the Court would not give it up ; that it was part of the record, and that Smith had no right to it. Smith then said he had not sworn to it; that he had signed it, but the oath was uot administered to him. (This is him and his justice, Esquire Johnson.) Smith went on to say that what he Imd done was to befriend me - that he knew I would be honorably acquitted, and that I woulii stand fairer than over I did. (Tlic Lord deliver me from such friends!) I was now discharged b}' the nnigistrates.

Gen. Bennett's e.\post5 mentioned several parties by name, as being disaffected toward the prophet. These, it is believed, never became heartily reconciled, thouo-h they refused to " come out," when so strongly urged by the General. Some of these were Sidney Kigdon, Bishop Marks, Geo. W. Robinson, William and Wilson Law, Dr. Robert D. and Charles A. Foster, and Francis M. and Chauncey L. Higbee; also a Sylvester El^lmo^s, an attorney at law, who was a member of the City Council, but was said to have never been a member of the Church. None of these had ever been fully in the prophet's confidence since the secession of Bennett; and the breach was daily widening between them. The conduct of young Higbee, as we have seen in the case of Sympsou, in daring to defend a man charged by the prophet with crime, was of itself enough to doom him to that person's displeasure. Dr. Foster had been elected School Commissioner by Mormon votes, probably as an inducement to keep him quiet.

During the winter and spring of ISii, the breach had widened to the extent of organizing a new Church, and | one' was instituted in April or May, with William Law as its President, but who disclaimed any prophetic attainments. It was also decided to establish a newspaper in the city, as their organ, and with which to fight the prophet. Accordingly, in May a printing press and materials arrived by steamer from St. Lonis, and were landed and hauled into the city and set up without molestation.

Of course, these events caused great excitement, not only in the city among the faithful, but over the whole county. Evidently a crisis was approaching. The lion was being bearded. In the meantime the habeas corpus was not inactive. In May, Mr. Francis M. Higbee, one of the seceders, commenced against the prophet a civil action for slander, in the Hancock Circuit Court, on which a capias was issued. On this being served b}' the Sheriff, instead of entering bail for his appearance, as usual. Smith obtained a writ of habeas corpusiYOva. the City Court, and was set at liberty. About the same time, one Jeremiah Smith, an Iowa defaulter to the U. S. Government, fled to the city for refuge, was arrested by the U. S. Marshal, and twice released in the same wa}-, the Court rendering a judgment for costs against the L'^nited States !

The May term of the Hancock Circuit Court commenced its session at Carthage on the 20th. At this Court several cases against Smith were disposed of, as follows:

Alexander Sympson vs. Joseph Smith, for false imprisonment; change of venue to Adams county. F. M. Higbee, complainant, for slander; C. A. Foster, complainant, for false imprisonment; and A. Davis, complainant, for trespass, to the county of McDonough. In addition to the four above named civil actions, two indictments were found against him by the grand jury - one for adultery, and one for perjury. To the great surprise of all, on the Monday following, the prophet appeared in Court and demanded trial on the last named indictment. The prosecutor not being ready, a continuance was entered to the next term.

In the meantime the seceders were not idle. Law boldly denounced the prophet from the stand in the city; while the others were busy among the people in and out of the city. The prospectus for the newspaper was circulated extensively, and received with much comment. Its title was to be the Nauvoo Expositor^ and its purposes, as set forth in the prospectus, were the Unconditional Repeal of the City Charter - To Correct the Abuses of the TJiiit Power - To Advocate Disohedience to Political Pevetations, - in short, to oppose the prophet Smith, and correct the abuses of which he was claimed to be the cause.

The paper was issued under date of June 7th. It had for its editor Sylvester Emmons, and the names of William Law, Wilson Law, Charles Ivins, Francis M. Iligbee, Chauncey L. Higbee, Robert D. Foster and Charles A. Foster, as its publishers. In a literary point of view, it exhibited no decided talent. It had evidently been prepared in huny and excitement, and with no attempt at artistic arrangement. About half of its 2-eading matter was selected. Of its original contents, live or six columns were occupied with a " Preamble, Resolutions and Affidavits of the Seceders from the Church at iNauvoo,'' giving reasons for their action, and making charges against Smith and his adherents. A number of editorial articles followed, couched in strong language, but not remarkable for abilit}' or point.

The confessed aim and purpose of this sheet were to expose the enormities practiced by tlie prophet and his followers at Nauvoo. And from the statements and proofs adduced, and from corroborative facts, making all due allowance for exaggeration, we are compelled to accept most of them as true. Yet we can not but remember that while they were showing Joseph Smith to have been a desperately bad man, they were, to put it in as mild a way as possible, adding little to their own characters, inasmuch as for years they had been his supporters and defenders, and (having been in his contidence) must have known long before that he was a cheat and a fraud, and that all his pretensions to religion and sanctity were false. And now that he and they had quarreled, that their personal right had been trampled upon, that the sanctity of their homes had been invaded, the}' rebelled and sought to put him down. Better late than never, and better from questionable motives than not at all, however.

Sidney Rigdon, who, taking their statements to be true, had more reason than any to come out and denounce the prophet, still refused, till after the prophet's death, and Brigham and the Twelve had thrown him overboard. Did Rigdon know of Smith's villainies, after fifteen years' association with him? These seceders gave countenance to Joseph H. Jackson, in his exposures, - a new- comer, who, as he says, had only been in Siuitli's confidence a little while; and Jackson pnblished that Smith had acknowledged to him that he was a connterfeiter, that he had instigated murder, and that the Mormon bible and golden jilates were frauds. Is it naore likely' that Jackson would have gained the prophet's confidence than they?

Dut the life of the t'u'jws'dor was a short one. This number was its initial and final one. It was issued on Friday, the 7th of June, IS-iJr, and on Saturday, the Sth, the City Council was in session, considering what shoidd be done about it. They deliberated all da}-, and all day Monda}', and at 6 o'clock in the evening jiassed a resolution declaring it a nuisance, and instructing the Maj-or to cause it to be abated, which he did about eight the same evening.

The Xauvoo J^eifjhhor had succeeded the lFas/». We have before us an extra of that paper, containing a certified copy of the proceedings of Council on this occasion. It is due to them that their side of the controversy should be given, and this extra fully sets forth the reasons for their action. Besides, it should be preserved for all time to come, as a curiosity in legal proceedings, and as illustrating to future law-makers the nature of a nuisance, and its proper mode of treatment. Though long, it is worthy of a place here, and we cop}' it entire, only correcting its typography:

" As a soft breeze in a hot day mellows the air, so does the simple truth calm the feelings of the irritated, and so we proceed to give the proceedings of the City Council relating to the removal of the Nauvoo Expositor as a nuisance. We have been robbed, mobbed and plundered with impunity some two or tlu'ee times, and as every heart is more apt to know its own sorrows, the people of Nauvoo had ample reason, when such characters as the proprietors and abettors of the Nan voo ^/y9fl«2^c>r proved to be before the City Council, to be alarmed for their safety. The men who got up the press were constantly engaged in resisting the authority or threatening something. If thej' were fined an appeal was taken, but the slander went on; and when the paper came, the course and the plan to destroy the city was marked out. The destruction of the City Charter and the ruin of the saints was the all commanding topic. Our lives, our city, our Charter and our characters are just as sacred, just as dear and just as good as other people's; and while no friendly arm has been extended from the demolition of our press in Jackson county, Missouri, without law, to this present day, the City Council, with all the law of nuisance, from Blackstone down to the Springfield Charter, knowing that if they exceeded the law of the land, a higher court would regulate the proceedings - abated the Nauvoo Expositor.

" The proceedings of the Council show, as sketched, that there was cause of alarm. The people when they reflect will at once say that the feelings and rights of men ought to be respected . All persons otherwise, and, without recourse to justice, mercy or humanity, to come out with inflammatory publications, destructive resolutions, or more especially extermination, shows a want of feeling, and a want of respect, and a want of religious toleration that honorable men will deprecate among Americans, as they would the pestilence, famine, or horrors of war. It can not be that the people are so lost to virtue as to coolly go to murdering men, women, and children. No. Candor and common sense forbid it.

For the Nei'jhhor. " Mb. Editor : - In your last week's paper I proposed giving your readers an account of the proceedings of the City Council, but time forbids any thing more than a brief synopsis of the proceedings of the Municipality of the City of Nauvoo, relative to the destruction of the press and fixtures of the ISIauvoo Expositor.

" In connection with other business, as stated in last week's paper, the Mayor reirrarked that he believed it generally the case, that when a man goes to law, he has an unjust cause and wants to go before some one who wants business, and that lie had very tew cases on his docket, and referring to councilor Emmons, editor of the Nauvoo JExjwsitor, suggested the propriety of first purging the City Council; and referring to the character of the paper and proprietors, called up Theodore Turley, a mechanic, who, being sworn, said that the Laws (Wm. and Wilson) had brought bogus dies to him to fix.

'' Councilor Hyrum Smith inquired what good Foster, and his brother, and the Higbees, and Laws had ever done; while his brother Joseph was under arrest, from the Missouri persecution, the Laws and Foster would have been rode on a rail, if he had not stepped forward to prevent it, on account of their oppressing the poor.

"Mayor said while he was under arrest by writ from Gov. Carlin, Wm. Law pursued him for $40.00 he was owing Law, and it took the last expense money he had to pay it.

" Councilor H. Smith continued Jackson, told him, he (Jackson) meant to have his daughter; and threatened him if he made any resistance. Jackson related to liim a dream; that Josepli and Hyrum were opposed to him, but that he would execute his purposes; that Jackson had laid a plan with four or five persons to kidnap his daughter, and threatened to shoot any one that should come near, after he had got her into the skifl"; that Jackson was engaged in trying to make bogus, wiiicli was his principal business, - reterrcil to the revehition read to the High Council of the Church, which has caused so much talk about a multiplicity* ot' wives; that said revelation was in answer to a (juestioii concerning things which transpired in former days, and had no reference to the present time; that when sick, Wm. Law confessed to him that he had been 'guilty of adultery,' and 'was not lit to live,' and had 'sinned against his own soul,' etc., and inquired who was Judge Emmons. When he came here he had scarce two shirts to his back, but he had been dandled by the authorities of the city, etc., and was now editor of the Nauvoo EcposHor, and his right-hand man Francis M. Iligbee, who had confessed to him that he had * ****** ^* *

"Washington Peck sworn: - Said soon after Joseph H. Jackson came here, he came to witness to borrow money, which witness loaned him, and took some jewelry as security. Soon after, a man from across the river came after the I'ewelry; Jackson had stolen the jewelry from him. At another time, wanted to get naoney of witness; asked witness if he would do any thing dishonorable to get a living. Witness said he would not. Jackson said witness was a damned fool, for he could get a living a deal easier than he was then doing by making bogus, and some men high in the Church were engaged in the business. Witness asked if it was Joseph. ' No,' said Jackson, '1 dare not tell it to Joseph.' Witness understood him the Laws were engaged in it. Jackson said he would be the death of witness, if he ever went to Joseph or any one else to tell what he had said.

''Ordered by the Council that Sylvester Emmons be suspended \intil his case could be investigated for slandering the City Council; that the Recorder notify him of his suspension, and that his case would come up for investigation at the next regular session of the Council. [The order is in the hands of the Marshal.]

" Councilor J. Taylor said that Councilor Emmons helped to make the ordinances of the city, and had never lifted his voice against them in the Council, and was now trjdng to destroy the ordinances and the charter.

"Lorenzo Wasson, sworn : - Said Joseph H. Jackson told witness that bogus-making was going on in the city; but it was too damned small business. Wanted witness to hel]3 him to procure money, for the General (Smith) was afraid to go into it, and with 8500 he could get an engraving for bills on the bank of Missouri, and one on the State of New York, and could make money; said many times witness did not know him; believed the General had been telling witness something. ' God damn him, if he has I will kill him,' - swoi'e he would kill any man that should prove a traitor to him. Jackson said if he could get a company of men to suit him, he would go into the frontiers and live by highway robbery; had got sick of the world.

misrepresentation and libelous publications, and conspiracies against the peace of the city; and referring to the reports that L)r. Foster had set afloat, said he had never made any proposals to Foster to come back to the Church. Foster proposed to come back ; came to Mayor's house and wanted a private interview; had some conversation witli Foster in the Hall, in presence of several gentlemen, on the 7th inst.; offered to meet him and have an interview in presence of friends, three or four to be selected by each partj', which Foster agreed to; and went to bring his friends for the interview, and the next notice he had of him was the following letter:

" ^Sir - I have consulted my friends in relation to your proposals of settlements, and they as well as myself are of the opinion that your conduct and that of your unwurth}', unprincipled clan is so base that it would be morally wrong and detract from the dignity of gentlemen to hold any conference with you. The repeated insults and abuses, I, as well as my friends, have suftered from your unlawful course towards us demands honorable resentment. "We are resolved to make this our motto; nothing on our part has been done to provoke your anger, but have done all things as become men; you have trampled upon everything we hold dear and sacred, you have set all law at defiance and profaned the name of the Most High to carry out your danmable purposes, and I have nothing more to fear from you than j'ou have ali-eady threatened; and I as well as my friends will stay here and maintain and magnify the law as long as we stay; and we are resolved never to leave until we sell or exchange our property that we have here. The proposals made by your agent, Dimick Huntington, as well as the threats you sent to intimidate me, I disdain and despise as I do their unhallowed author. The rights of my family and my friends demand at my hand a refusal of all your offers; we are united in virtue and truth, and we set hell at deliance and all her agents. Adieu.

"Mayor continued: - And when Foster left his house, he went to a shoe shop on the hill and reported that ' Joseph said to him if he would come back he would give him Law's place in the Church and a hat full of specie.'

"Lucien Woodworth sworn: - Said that the conversation as stated by the Mayor was correct; was at the Mansion June 7th when Dr. Foster rode up and inquired if Gen. Smith was at home. Dr. Foster went into the house; witness followed. Dr. Foster was there, the General and others looking at some specimens of penmanship; something was said respecting a conversation at that time between the General and Doctor. Gen. Smith observed to Foster, if he had a conversation he would want others present. The Doctor said he would have a word with him by liiiiiself, and went into tiie hail. Witness went to the door that he might see and hear what was passing. They still continued to talk on the sul)ject of a conversation that they might have afterwards with others present, whom Mr. Smith might ehoi»se and Foster might choose. Foster left, and went for them that he said he wanted ]iresent, and would return soon with them; thinks he heard all the conversation; heard nothing about Gen. Smith's making any offers to Foster to settle; was present all the time. Dimick Huntington said he had seen Foster and talked with him.

" Councilor H. Smith said Dimick Huntington came to him on the 7th inst., and said he had had an interview with Dr. Foster, and thought he was about ready to come back, and a word from him to Joseph would bring it about.

" Ma^-or said the conduct of such men and such papers are calculated to destroy the peace of the city, and it is not safe that such things should exist, on account of the mob spirit which they tend to produce; he had made the statements he had, and called the witnesses to prepare the Council to act in the case.

" Emmons was blackguarded out of Philadelphia, and dubbed with the title of Judge (as he had understood from the citizens of Philadelphia), was ppor, and Mayor helped him to cloth for a coat before he went away last fall, and he labored all winter to get the postoffice from Mr. Eigdon (as informed).

" Mayor referred to a writing from Dr. Goforth, showing that the Laws presented the communication from the 'Female lielief Society,' in the Xauvoo Ne'iglihoi\ to Dr. Goforth, as the bone of contention^ and said, 'If God ever spake by any man, it will not be five years before this city is in ashes and we in our graves, unless we go to Oregon, California, or some other place, if the city does not put down everything which tends to mobocracy, and put down their murderers, bogus-makers and scoundrels;' all the sorrow he ever had in his family has arisen through the influence of Wm. Law.

" C. H. Smith spoke in i-elation to the Laws, Fosters, Higbees, editor of the Signal, etc., and of the importance of suppressing that spirit which has driven us from Missouri, etc.; that he would go in for an effective ordinance.

" Mayor said at the time Gov. Carlin was pursuing him with his writs, Wm. Law came to his house with a band of Missourians, for the purpose of betraying him; came to his gate, and was prevented by Daniel Cairns, who was set to watch. Law came within his gate and called Mayor, and the Maj'or reproved Law for coming at that time of night, with a company of strangers.

the ^ate with them, witness on guard. Stopped them. Law called Joseph to the door and wanted an interview. Joseph said, 'Bro. Law, 3'ou know better than to come here at this hour of the night;' and Law retired. Next morning Law wrote a letter to apologize, which witness heard read, which was written apparently to screen himself from the censure of a conspiracy, and the letter betrayed a conspiracy on the face of it.

" Cyrus Hills, a stranger, sworn: - Said one day last week, believed it Wednesday, a gentleman whom witness did not know came into the sitting-room of the Nauvoo Mansion, and requested the Hon. Ma3'or to step aside, he wanted to speak with him. Mayor stepped through the door into the entry by the foot of the stairs, and the Gen. (Mayor) asked him what he wished. Foster, as witness learned since was the gentleman's name, said he wanted some conversation on some business witness did not understand at the time. The Gen. refused to go any farther, and said he would have no conversaticu in private; what should be said should be in public; and told Foster if he would choose three or four men, he would meet him with the same number of men, among whom was his brother Hyrum, and they would have a cool and calm investigation of the subject, and by his making a proper satisfaction, things should be honorably adjusted. Witness judged from the manner in which Foster expressed himself that he agreed to the Mayor's proposals, and would meet him the same day, in presence of friends. Heard no proposals made by Mayor to Foster for settlement, heard nothing about any offers of dollars, or money, or any other offer except those mentioned before; nothing said about Wm. Law; was within hearing of the parties at the time conversation was going on.

" 0. P. Rockwell sworn : - Some day last week, said Dr. Foster I'ode up to the Xauvoo Mansion and went in; witness went in, and found the Mayor and Dr. Foster in conversation. Gen. Smith was naming the men he would have present, among whom was Hyrum Smith, Wra. Marks, Lucien Woodworth and Peter Hawes, and Dr. Foster had leave to call an equal number of his friends, as witness understood, for the purpose of having an interview on some matters in conversation.

"The doctor's brother was proposed; Gen. said he had no objections; wanted him present. Dr. Foster started, saying he would be back shortly. Before Dr. F. left, the men whom Gen. Smith had named to be pi-esent at the conversation were sent for.

" Cross-examined. - Witness went into the house as Mayor and Dr. Foster were coming out of tlie bar-room into the hall; nothing said by the Mayor to Dr. Foster about his coming back; made no offer to Foster about a settlement.

"Mayor said the first thing that occurred wiien he stepped into the hall with Foster, was that he wanted to assassinate him; he saw something shining below his vest; TMayor put his tinger on it and said, ' WJtat is thatP Foster re])lied, is my pistol,'' and immediately took out the ])istol and showed it openly, and wanted the Mayor to go with him alone. Mayor said he would not go alone. Mayor never saw the pistol before; had a hook on its side, to hang on his waistcoat.

"Andrew L. Lamaraux sworn: - Said that in 1839 or '40, while President Joseph Smith, Elder Eigdon, Judge Higbee, O. P. Rockwell and Dr. R. D. Foster, on their way to Washington, called at witness' house in Dayton,'Ohio; the evening was spent very agreeably, except some dissatisfaction on the part of certain females with regard to the conduct of Dr. Foster. On their return from Washington, witness informed President Smith of Foster's conduct. President Smith said he had frequently reproved Foster for such conduct, and he had promised to do better, and told witness to reprove Foster if he saw anj'thing out of the way. That evening Foster refused to join the company, and walked through the town till about S o'clock, when he came in and interrupted President Smith, who was expounding some passages of scriptures, and changed the conversation. Soon after the company was invited to Mr. Brown's at the next door, whither they all repaired. While at Mr. Brown's, conversation going on, and the room mucli crowded. Dr. Foster and one of the hidies he had paid so much attention to before, took their seats in one corner of the room. Witness heard her state to Dr. Foster that she supposed she had been en ceinte 'iov somQ time back, but had been disappointed, and supposed it was on account of her weakness, and wanted Foster to prescribe something for her. Foster said he could do it for her, and dropped his hand to her feet, and began to raise it, she gave him a slight push and threw herself close to the wall.

-' He laid his hand on her knee, and whispered so low that witness could not hear. Next morning witness went in while Foster and others were at brealcfast, and related what he liad seen. Foster denied it. President Smith told him not to deny it, for he saw it himself and was ashamed of it. Foster confessed it was true, and promised to reform.

" Peter Hawes sworn: - Said that he had come to Nauvoo before the Laws and brought considerable property; it was a short time after the Church had been driven out of Missouri, and had arrived in this place. The families having been robbed of all in Missouri were in a starving condition. By the counsel of the Presidency, witness converted his funds to feeding the poor, bringing in meat and flour, etc., and wliile thus engaged drew upon the Laws, who were at that time engaged in merchandise, to the amount of some six liundred dollars, which, on account of exijenditure for the poor, he was not able to pay, to within some 70 or SO dollars, which they pressed him for as soon as they wanted it, although he ofl'ered them good property at considerable less than the market value. As witness was obliged to leave the city on Church business for a little season, Wm. Law threatened and intimidated witness' family during his absence for the pay.

" Dr. Foster made a public dinner on the 4th of July. Witness was obliged to be absent, and deposited meat, flour, etc., withWrn. Law, to give to the poor at that dinner, and Law handed it out as his own private property. Witness carried a load of wheat to Law's mill to be ground. Law would not grind it only to give a certain (Quantity of flour in return by weight. Law used up the flour, promising from time to time he would refund it. As witness was about to start on a mission to the South, with valise in hand, saw Law before his door, talking with Hyrum Smith; called on Law and told him he was going away, and his family wanted the flour: Law promised on the honor of a gentleman and a saint, his family should have the flour when they wanted.

" Hawes said when he returned, found his family mnst have starved if they had not borrowed money to get food somewhere else - could not get it of Law. And Law was preaching 2nmctuality, PUNCTUALITY, PUNCTUALITY, as the whole drift of his discourses to the saints; and abusing them himself all the time, and grinding the poor.

"Mayor said if he had a City Council who felt as he did, the establishment (referring to the Nauvoo Expositor) would be a nuisance before night; and he then read an editorial from the Nauvob Expositor. He then asked, ' Who ever said a word against Judge Emmons nntil he has attacked this Council, or even against Joseph H. Jackson or the Laws, until they came out against the city? Here is a paper (Nauvoo Expositor') that is exciting our enemies abroad. Joseph H. Jackson has been proved a murderer before this Council.' He declared the paper a nuisance, a greater nuisance than a dead carcass. They make a criminalitj- for a man to have a wife on the earth, while he has one in heaven, according to the keys of the holy Priesthood; and he then read a statement of William Law's from the Expositor., where the truth of God was transformed into a lie concerning this thing. He then read several statements of Austin Cowles in \X\q Expositor concerning a private interview, and said he never had any private conversation with Austin Cowles on these subjects; that he preached on the stand from the Bible, showing the order in ancient days, liaving nothing to do with the present times. What the opposition party want, is to raise a mob on us and take the spoil from us, as they did in Missouri. He said it was as much as he could do to keep his clerk, Tlioinpsoii, from publishing the proceedings of the Laws, and causing the people to rise up against them, Said he would rather die to-morrow and have the thing smashed, than live and have it go on, for it was exciting the spirit of mobocracy among the people and bringing death and destruction upon us.