Volume 6 Chapter 7
President Smith's Correspondence with John C. Calhoun—Cartwright Drowning Case, England—City Guards Increased—Fears of Law and Marks—Investigation by the City Council—Resistance of Officers at Carthage—Anti-Mormon Objections to City Ordinances—The Prophet's Difficulties with Francis M. Higbee—Regulations for the Sale of Spirituous Liquors.
Monday, January 1, 1844.—A cold, blustering rainstorm ushered in the new year.
At sunrise, Thomas Miller, James Leach, James Bridges, and John Frodsham were brought before me by the police, charged with disorderly conduct. Fined Miller $5: the others were discharged.
New Year's at the Mansion.
A large party took a new year's supper at my house, and had music and dancing till morning. I was in my private room with my family, Elder John Taylor and other friends.
Tuesday 2.—Two P.M., Hyrum Dayton was brought before Mayor's court for disorderly conduct in resisting and abusing the police: fined $25 and costs. His son, Lysander Dayton, for the same offense, was sentenced to ten days' hard labor, on the public streets; and subsequently, for contempt of court, ten days more.
Snow one inch deep.
I here insert Mr. Calhoun's answer to my letter of inquiry, dated November 4, 1843:—
Letter: John C. Calhoun to Joseph Smith—Defining What Former's Policy would be Towards the Saints if Elected President.
Fort Hill, December 2, 1843.
Sir:—You ask me what would be my rule of action relative the Mormons or Latter-day Saints, should I be elected President; to which I answer, that if I should be elected, I would strive to administer the government according to the Constitution and the laws of the union; and that as they make no distinction between citizens of different religious creeds I should make none. As far as it depends on the Executive department, all should have the full benefit of both, and none should be exempt from their operation.
But as you refer to the case of Missouri, candor compels me to repeat what I said to you at Washington, that, according to my views, the case does not come within the jurisdiction of the Federal Government, which is one of limited and specific powers.
With respect, I am, &c., &c.,
J. C. Calhoun.
Mr. Joseph Smith.
To which I wrote the following reply:—
Letter: Joseph Smith to John C. Calhoun—The Latter's Policy Towards the Latter-day Saints, if Elected President of the U. S. Considered.
Nauvoo, Illinois, January 2, 1844.
Sir:—Your reply to my letter of last November, concerning your rule of action towards the Latter-day Saints, if elected President, is at hand; and that you and your friends of the same opinion relative to the matter in question may not be disappointed as to me or my mind upon so grave a subject, permit me, as a law-abiding man, as a well-wisher to the perpetuity of constitutional rights and liberty, and as a friend to the free worship of Almighty God by all, according to the dictates of every person's own conscience, to say that I am surprised that a man or men in the highest stations of public life should have made up such a fragile "view" of a case, than which there is not one on the face of the globe fraught with so much consequence to the happiness of men in this world or the world to come.
To be sure, the first paragraph of your letter appears very complacent and fair on a white sheet of paper. And who, that is ambitious for greatness and power, would not have said the same thing? Your oath binds you to support the Constitution and laws; and as all creeds and religions are alike tolerated, they must, of course, all be justified or condemned according to merit or demerit. But why—tell me why are all the principal men held up for public stations so cautiously careful not to publish to the world that they will judge a righteous judgment, law or no law? for laws and opinions, like the vanes of steeples, change with the wind.
One Congress passes a law, another repeals it; and one statesman says that the Constitution means this, and another that; and who does not know that all may be wrong? the opinion and pledge, therefore, in the first paragraph of your reply to my question, like the forced steam from the engine of a steam-boat, makes the show of a bright cloud at first; but when it comes in contact with a purer atmosphere, dissolves to common air again.
Your second paragraph leaves you naked before yourself, like a likeness in a mirror, when you say, that according to your view, the Federal Government is "one of limited and specific powers," and has no jurisdiction in the case of the "Mormons." So then a State can at any time expel any portion of her citizens with impunity: and, in the language of Mr. Van Buren, frosted over with your gracious "views of the case," though the cause is ever so just, Government can do nothing for them, because it has no power.
Go on, then, Missouri, after another set of inhabitants (as the Latter-day Saints did,) have entered some two or three hundred thousand dollars' worth of land, and made extensive improvements thereon; go on, then, I say; banish the occupants or owners, or kill them, as the mobbers did many of the Latter-day Saints, and take their land and property as spoil; and let the Legislature, as in the case of the "Mormons," appropriate a couple of hundred thousand dollars to pay the mob for doing that job; for the renowned Senator from South Carolina, Mr. J. C. Calhoun, says the powers of the Federal Government are so specific and limited that it has no jurisdiction of the case! O ye people who groan under the oppression of tyrants!—ye exiled Poles, who have felt the iron hand of Russian grasp!—ye poor and unfortunate among all nations! come to the asylum of the oppressed; buy ye lands of the General Government; pay in your money to the treasury to strengthen the army and the navy; worship God according to the dictates of your own consciences; pay in your taxes to support the great heads of a glorious nation: but remember a "sovereign State" is so much more powerful than the United States, the parent Government, that it can exile you at pleasure, mob you with impunity, confiscate your lands and property, have the Legislature sanction it,—yea, even murder you as an edict of an emperor, and it does no wrong; for the noble Senator of South Carolina says the power of the federal Government is so limited and specific, that it has no jurisdiction of the case! What think ye of imperium in imperio?
Ye spirits of the blessed of all ages, hark! Ye shades of departed statesmen, listen! Abraham, Moses, Homer, Socrates, Solon, Solomon, and all that ever thought of right and wrong, look down from your exaltations if you have any; for it is said, "In the midst of counselors there is safety;" and when you have learned that fifteen thousand innocent citizens, after having purchased their lands of the United States and paid for them, were expelled from a "sovereign State," by order of the Governor, at the point of the bayonet, their arms taken from them by the same authority, and their right of migration into said State denied, under pain of imprisonment, whipping, robbing, mobbing, and even death, and no justice or recompense allowed; and, from the Legislature with the Governor at the head, down to the Justice of the Peace, with a bottle of whisky in one hand and a bowie-knife in the other, hear them all declare that there is no justice for a "Mormon" in that State; and judge ye a righteous judgment, and tell me when the virtue of the States was stolen, where the honor of the General Government lies hid, and what clothes a senator with wisdom. O nullifying Carolina! O little tempestuous Rhode Island! Would it not be well for the great men of the nation to read the fable of the partial judge; and when part of the free citizens of a State had been expelled contrary to the Constitution, mobbed, robbed, plundered, and many murdered, instead of searching into the course taken with Joanna Southcott, Ann Lee, the French Prophets, the Quakers of New England, and rebellious negroes in the slave Slates, to hear both sides and then judge, rather than have the mortification to say, "Oh, it is my bull that has killed your ox! That alters the case! I must inquire into it; and if, and if—!
If the General Government has no power to reinstate expelled citizens to their rights, there is a monstrous hypocrite fed and fostered from the hard earnings of the people! A real "bull beggar" upheld by sycophants. And although you may wink to the priests to stigmatize, wheedle the drunkards to swear, and raise the hue-and-cry of—"Impostor! false prophet! G—d—n old Joe Smith!" yet remember, if the Latter-day Saints are not restored to all their rights and paid for all their losses, according to the known rules of justice and judgment, reciprocation and common honesty among men, that God will come out of His hiding place, and vex this nation with a sore vexation: yea, the consuming wrath of an offended God shall smoke through the nation with as much distress and woe as independence has blazed through with pleasure and delight. Where is the strength of Government? Where is the patriotism of a Washington, a Warren, and Adams? And where is a spark from the watch-fire of '76, by which one candle might be lit that would glimmer upon the confines of Democracy? Well may it be said that one man is not a state, nor one state the nation.
In the days of General Jackson, when France refused the first instalment for spoliations, there was power, force, and honor enough to resent injustice and insult, and the money came: and shall Missouri, filled with negro-drivers and white men stealers, go "unwhipped of justice" for tenfold greater sins than France? No! verily, no! While I have powers of body and mind—while water runs and grass grows—while virtue is lovely and vice hateful; and while a stone points out a sacred spot where a fragment of American liberty once was, I or my posterity will plead the cause of injured innocence, until Missouri makes atonement for all her sins, or sinks disgraced, degraded, and damned to hell, "where the worm dieth not, and the fire is not quenched."
Why, sir, the powers not delegated to the United States and the States belong to the people, and Congress sent to do the people's business have all power; and shall fifteen thousand citizens groan in exile? O vain men! will ye not, if ye do not restore them to their rights and $2,000,000 worth of property, relinquish to them, (the Latter-day Saints,) as a body, their portion of power that belongs to them according to the Constitution? Power has its convenience as well as inconvenience. "The world was not made for Caesar alone, but for Cassius too."
I will give you a parable. A certain lord had a vineyard in a goodly land, which men labored in at their pleasure. A few meek men also went and purchased with money from some of these chief men that labored at pleasure a portion of land in the vineyard, at a very remote part of it, and began to improve it, and to eat and drink the fruit thereof,—when some vile persons, who regarded not man, neither feared the lord of the vineyard, rose up suddenly and robbed these meek men, and drove them from their possessions, killing many.
This barbarous act made no small stir among the men in the vineyard; and all that portion who were attached to that part of the vineyard where the men were robbed rose up in grand council, with their chief man, who had firstly ordered the deed to be done, and made a covenant not to pay for the cruel deed, but to keep the spoil, and never let those meek men set their feet on that soil again, neither recompense them for it.
Now, these meek men, in their distress, wisely sought redress of those wicked men in every possible manner, and got none. They then supplicated the chief men, who held the vineyard at pleasure, and who had the power to sell and defend it, for redress and redemption; and those men, loving the fame and favor of the multitude more than the glory of the lord of the vineyard, answered—"Your cause is just, but we can do nothing for you, because we have no power."
Now, when the lord of the vineyard saw that virtue and innocence were not regarded, and his vineyard occupied by wicked men, he sent men and took the possession of it to himself, and destroyed those unfaithful servants, and appointed them their portion among hypocrites.
And let me say that all men who say that Congress has no power to restore and defend the rights of her citizens have not the love of the truth abiding in them. Congress has power to protect the nation against foreign invasion and internal broil; and whenever that body passes an act to maintain right with any power, or to restore right to any portion of her citizens, it is the supreme law of the land; and should a State refuse submission, that State is guilty of insurrection or rebellion, and the President has as much power to repel it as Washington had to march against the "whisky boys at Pittsburgh," or General Jackson had to send an armed force to suppress the rebellion of South Carolina.
To close, I would admonish you, before you let your "candor compel" you again to write upon a subject great as the salvation of man, consequential as the life of the Savior, broad as the principles of eternal truth, and valuable as the jewels of eternity, to read in the 8th section and 1st article of the Constitution of the United States, the first, fourteenth and seventeenth "specific" and not very "limited powers" of the Federal Government, what can be done to protect the lives, property and rights of a virtuous people, when the administrators of the law and law-makers are unbought by bribes, uncorrupted by patronage, untempted by gold, unawed by fear, and uncontaminated tangling alliances—even like Caesar's wife, not only unspotted, but unsuspected! And God, who cooled the heat of a Nebuchadnezzar's furnace or shut the mouths of lions for the honor of a Daniel, will raise your mind above the narrow notion that the General Government has no power, to the sublime idea that Congress, with the President as Executor, is as almighty in its sphere as Jehovah is in his.
With great respect, I have the honor to be
Your obedient servant,
Hon. ("Mr") J. C. Calhoun,
Fort Hill, S. C.
Release of Pugmire and Cartwright from Prison, England.
Jonathan Pugmire, Senior, and Thomas Cartwright discharged by Judge Whitehead, at Chester, England. The judge would not allow the costs of prosecution or witnesses to be paid by the Crown. It was very evident that the Church of England ministers were at the bottom of the machinations, and were sorely discomfited at the result. I insert the statement of the unfortunate occurrence given by Jonathan Pugmire, Junior;—
Cartwright Drowning—Accident at a Baptism in England.
Thomas Cartwright was baptized November 6, 1843, unknown to his wife, by Elder Jonathan Pugmire, Senior; but she had mistrusted he had gone to the water, and went to Pugmire's house the same evening, and inquired where Tom was, (meaning her husband). Mrs. Pugmire answered she did not know.
After this, Mrs. Cartwright went out and met them returning from the waters of baptism, and shouted—"Damn you, I'll dip ye!" and expressing her determination to have revenge on Pugmire's family, she used a great deal of very bad language.
Some of the neighbors (not belonging to the Church) advised her not to speak too much against the Latter-day Saints, as she might yet become convinced of the truth of their doctrines and be baptized herself. She replied, "I hope to God, if ever I am such a fool, that I'll be drowned in the attempt!"
A short time afterwards, in consequence of her husband talking to her about the truths of the Gospel, she consented to go to Pugmire's house and hear for herself.
After attending a few times she told her husband she had a dream, in which she saw it was a fearful thing to fall in the hands of the living God, and requested to be baptized.
Mrs. Pugmire talked with her, reminding her of her harsh expression. She confessed all, and said, "I am very sorry; and as my conduct is known to all this neighborhood, I do not wish to have my baptism public, but to have it done privately; and I wish no female to accompany me to the water but you."
On the night of her baptism (November 23, 1843), she was conducted to the water by her husband and Elder Pugmire, witnessed by Mrs. Pugmire and James Moore. Previous to this time, Elder Pugmire had baptized eight or ten persons in the same place.
On arriving at the water, they found the creek had overflowed its banks, in consequence of a heavy rain which had fallen that day. Elder Pugmire examined its banks, and concluded he could attend to the ordinance without going into the regular bed of the creek.
This was done; but on raising Mrs. Cartwright, and as they were walking out, they both went under the water.
It was afterwards discovered that the water had undermined the bank, and it gave way under their feet. Meantime, Thomas Cartwright leaped into the creek and seized hold of his wife's petticoat; but the water carried her off, and left the garment in his hand.
James Moore got hold of Elder Pugmire by the hair of his head, Mrs. Pugmire holding Moore's hand, and thus they dragged him out.
Moore then ran to the village to give the alarm. On his return, he found Cartwright about one hundred yards from where he leaped in, with his head above water, holding on to the stump of a tree. He said he could not have remained in that situation one minute longer.
George Knowlen swam the stream and got him out; but his wife was not found until the day following, when she was found about two hundred yards from where the accident occurred, standing upon her feet, with her head above water, the stream having fallen about two feet.
On Pugmire reaching home, a Church of England minister had him arrested and dragged from his family the same evening, and kept in custody of a constable until a coroner's inquest was held on the body of the deceased.
After she was buried, Cartwright was arrested, and both were sent to Chester jail, to wait their trial before the judge of assize. They were in confinement six weeks and three days before their trial came on.
The judge (Whitehead) remarked to the jury that baptism was an ordinance of our religion, and that it was a mere accident which had occurred. He advised the jurymen to be very careful how they examined the case before them—that it was an ordinance instituted by God (at that moment the Lord spoke by the voice of thunder, which shook the court house,) and advised the prisoners to be very careful in the future to select a proper place for the performance of that rite. They were then set free.
During their imprisonment, Pugmire had a vision, in which he was informed that they would be liberated; and he told Cartwright to be of good cheer, for they certainly would be acquitted.
Wednesday 3.—At home.
At noon, met with the City Council. The following is a copy of the minutes:—
Difficulty of Wm. Law et al. With the Police.
Special City Council, Jan. 3, 1834, 2 o'clock.
Names of members called. All present.
The mayor directed the marshal to notify William Law and John Snyder that the council was in session, and informed the council that William Law had said to his brother Hyrum that the police had been sworn by him (the Prophet) secretly to put Law out of the way. [The Prophet said] "I have had no private conversation with any of the police but the high policeman, Jonathan Dunham, and that was to request him to have especial care of my personal safety, as I apprehended attempts to kidnap me by the Missourians." He called on the policemen to say if they had received any private oath from him, when they all said, "No."
Councilor Hyrum Smith said that William Law told him the police had sworn him (Law) to keep the secret, which was that he was to be put out of the way in three months.
The mayor said he wished policemen to understand forever that all he wanted was that they should execute the ordinances of the city and his orders according to law.
Several of the police called for the individual to be named who made the statement to William Law.
The mayor said he thought proper that William Law should come and make his statement to the council on oath.
The mayor then said to the police, "If you see a man stealing, and you have told him three times to stand, and warned him that he is a dead man if he does not stand, and he runs shoot off his legs. The design of the office of the police is to stop thieving; but an enemy should not be harmed until he draws weapons upon you."
William Law came in, and was sworn to tell the whole truth touching the case before the council.
William Law said he had been informed that some of the policemen had had another oath administered besides the one administered to them publicly: that one of them said there was a Judas in General Smith's cabinet,—one who stood next to him; and he must be taken care of, and that he must not be allowed to go into the world, but must be taken care of; and he was not only a dough-head and a traitor like Judas, but an assassin like Brutus: that the idea had been advanced that the scriptures support such a doctrine.
Alderman Harris. Who is the person? and who told you?
Law. I am under obligations not to tell.
Alderman Harris. That is immaterial. You are bound to disclose the whole truth here by virtue of your oath.
Law. I am afraid to tell. One oath is as good as another.
The Mayor said he would protect him. He was bound to tell.
Law. Eli Norton told me.
Alderman Harris. Was Eli Norton of the police?
Law. No; but he got his information from Daniel Carn, who is a policeman.
The marshal was sent to bring Eli Norton.
The mayor said to the police—"On conditions I have had no private conversation with any of you, rise up and change the breech of your gun upwards," when all arose and changed the positions of their guns as indicated.
Counselor Hyrum Smith considered the matter very alarming when he heard it. He referred to Dr. Sampson Avard's and John Carl's treachery and false swearing in Missouri, and rehearsed what was said by the mayor to the police in the former council.
The mayor said, "The reason why I made the remarks I did was on account of the reports brought from Missouri jail by O. P. Rockwell, that my enemies were determined to get me into their power and take my life, and thereby thought they would accomplish the overthrow of 'Mormonism.' And to enable them to effect this, they had secured the services of some of my most confidential friends, whom I did not suspect, and who were living in Nauvoo, to deliver me into their hands so that their religious organizations upon their own principles might stand; for they feared that 'Mormonism' would destroy their present religious creeds, organizations, and orthodox systems. They did not design to try me, but hang me, or take my life anyhow: that they had a man in our midst who would fix me out, if they could not get me into their power without." He then referred to his remarks at the previous council.
Minutes of last council being called for, were then read.
Eli Norton sworn.
Question by the Mayor Did Carn say I had administered a private oath?
Norton. No. Did not say much about Law. Did not say you had ever administered any private oath. Carn never intimated to me that Law must be put out of the way. Did not call William Law's name, nor any other name. Did not say the policemen had received a private oath. Understood Carn to say they had received private instructions; and if a man could not keep a secret, he was not worthy of a place in the Church. Did not say the mayor had given him a private charge. Did not tell where the danger was expected to come from. Told me there were dough-heads about. Did not say the dough-heads were in danger, but the mayor was in danger from the dough-heads.
Question by William Law: Did you not understand from Brother Carn that he was suspicious of some person near Joseph being a dough-head, and that that person was myself?
Answer: He mentioned a dough-head as being very near Joseph, and he guessed you was the man; and I thought it might be that Daniteism was not done with.
Mayor: Tell what you know that made you so alarmed about Brother Law.
Answer: There was no chain to the conversation; but I drew the inference that Brother Law was the dough-head from Carn's conversation; but Carn did not name Law.
Daniel Carn was sworn: Said, "I told Brother Norton that certain men had been counseled by the Prophet to invest their means in publishing the new translation of the Bible; and they instead of obeying that counsel, had used their property for the purpose of building a steam-mill and raising a hundred acres of hemp; and the Lord had not blessed them in the business, but sunk their hemp in the Mississippi river. I told him it was my opinion that Brother Law was the dough-head referred to.
I have had no secret conversation whatever with the mayor, and never received any charge except the one, with the rest of the police, before the city council.
The mayor suggested the propriety, since Rockwell and others are clear, and we have the promise of protection from the governor; and as the police are now well organized, that they put up their guns and that the council pass such an order. The Danite system alluded to by Norton never had any existence. It was a term made use of by some of the brethren in Far West, and grew out of an expression I made use of when the brethren were preparing to defend themselves from the Missouri mob, in reference to the stealing of Macaiah's images (Judges chapter 18)—If the enemy comes, the Danites will be after them, meaning the brethren in self-defense.
The mayor instructed the police to lay up their arms till further orders.
At half past four P.M. council adjourned.
Reconciliation of the Prophet and Wm. Law.
The council spent nearly the whole day in investigating the subject and examining these two witnesses. The police were all sworn and cross-examined by William Law and the aldermen, and the result showed nothing but imagination, having grown out of the surmises of Daniel Carn; upon which Law became satisfied, shook hands with me, declaring he did not believe a word of the story, and said he would stand by me to the death, and called the whole council and the police to witness his declaration.
Thursday 4.—At home.
Repartee of Joseph and Emma Smith
I took dinner in the north room, and was remarking to Brother Phelps what a kind, provident wife I had,—that when I wanted a little bread and milk, she would load the table with so many good things, it would destroy my appetite. At this moment Emma came in, while Phelps, in continuation of the conversation said, "You must do as Bonaparte did—have a little table, just large enough for the victuals you want yourself."
Mrs. Smith replied, "Mr. Smith is a bigger man than Bonaparte: he can never eat without his friends." I remarked, "That is the wisest thing I ever heard you say."
Friday 5.—At home.
Last night I dreamed I saw two serpents swallowing each other tail foremost.
Alarm of William Marks.
Another tempest in a tea-pot, or big fuss about nothing at all. In consequence of the night being severely cold, some persons built a fire on the bank of the river, nearly opposit William Marks' house. He then became afraid, and concluded he must either be the Brutus or the dough-head, and lay awake all night, thinking the police had built the fire to kill him by! In the morning he called on me, reported the circumstances and expressed his fears, when another session of inquiry was held by the city council at his request, and the police sworn and questioned. The following is a synopsis of the minutes:—
Special Session of the City Council—Fears of Wm. Law and Marks.
Friday, January 5, 1834, 11 A.M.
Names of members called.
Prayer by O. Spencer.
Minutes of the last two councils read and approved.
Object of the council stated by the mayor, similar to the last council as William Law and William Marks had considered themselves in danger. When he heard the report he was unwilling to believe anything about it, from the course the thing took in the last council; but, for the sake of others, he had called this council.
As Leonard Soby was going home night before last, he was hailed by a supposed policeman with a gun, which frightened him. Soby says that a policeman had told him that Marks and Law must not cross his tracks; that Warren Smith said at another time that William Marks and William Law were enemies to Joseph.
I have never thought even to dream of doing anything against the peace of the inhabitants of this city. Did not know I had any enemies in this city: have stayed at home and heard but little: did not know that there was so much evil surmising among the people. My long forbearance to my enemies ought to be sufficient testimony of my peaceful disposition toward all men. It occurred to my mind that it was not fear, but got up for effect; but I do not know it. I want the council to investigate this matter.
William Marks sworn. Testified that on Monday evening Brother Soby came up and said, "Are you aware of the danger you are in?" Marks replied, "No."
Soby: "Your life is threatened; a policeman stopped me in the dark last night as I was going home; I was alarmed. I supposed the threats were from that policeman, but I was mistaken. Another policeman, Warren Smith, said last Sunday that Joseph had enemies—that Law and myself were Joseph's enemies, and if they came in his way they might be popped over. A fire was kindled in the street near my house, and I thought I was watched. Francis Higbee told me, and a man in the east part of the town told me; and a man came from the other side of the river and told the story to that man, as he said. Yesterday morning, Hyrum Smith, Wilson Law, and William Law met in the street, and I told the story as before related.
Mayor. Did ever anybody tell you I directed you to be watched?
William Marks. No.
Marshal went for Francis M. Higbee and George W. Crouse.
Leonard Soby sworn. On Sunday, 31st December last, I met Warren Smith in Crouse's store; asked him if he knew who the Brutus was. Warren Smith said he believed William Law was one, and Marks another; they had better not come in his way. Did not say he would shoot them, or endanger their life in any way. Did not know whether there were any private instructions, or not. Believed Brother Marks was in danger. Did not think Marks in any danger from Joseph. Thought Warren Smith was under a wrong impression with regard to Marks. Warren Smith said, "He, Marks, had better not cross my path when I am on duty." I gathered the idea there was something wrong with Brother Warren Smith. Do not recollect any person present.
Mayor. Did Warren Smith or any other policeman give you to understand that I had authorized him to believe there was any difficulty between me and Brother Law or Marks?
Soby. No. He did not think Warren Smith would transcend his official duties towards Law or Marks. Felt at the time Marks and Law were in danger. Did not think they were in danger, if they did out rise up against the authorities.
Did not say he had any instruction. Said to Mr. Marks, "You have enemies." My impression was that somebody had been to Joseph to make a bad impression on his mind. Warren Smith did mention brother Marks' name, I think.
Thirty policemen, all who were present, sworn. Testified that General Smith had never given them any private instruction concerning the case before the council.
Warren Smith said Soby asked his opinion who was the Judas. I said, from rumor, I would suspect William Law. Does not believe he mentioned Marks' name. My opinion was founded on rumor. Brother Isaac Hill said Brother Law was in a bad situation—was kicking, and if he did not mind, he would go over the board. If he had his property in available means and was away, he would feel better. Have heard it talked of that Brother Law was not going to stand. He did not tell what he was kicking at. I understand a Brutus to mean a treacherous man.
George W. Crouse sworn. Does not recollect any conversation between Warren Smith and Leonard Soby, at his store, relative to the case in question. Had a discussion about the duties of policemen.
Councilor John Taylor said it was customary in all cities for policemen to go armed in time of danger.
Councilor Orson Hyde confirmed Councilor Taylor's observation.
Councilor Hyrum Smith spoke. Told a story of the old Dutchman and the ox. Soby makes me think of an old Dutchman that had an ox—the first animal he ever owned in his life, and he broke him to ride; then he filled a sack with rocks and laid it on the ox's back, and got on himself, and told his son to hide by the roadside, and when he came along, to jump out and hollo boo, as he wanted to know how well his ox was broke. The son did accordingly. The ox was frightened, and threw the old man off. "Father," said the son, "I did as you told me." "Yes," said the old man; "but you made too big a boo."
Francis M. Higbee sworn. Have received the impression from rumor that Mr. Law, Mr. Marks and probably one or two others, could not subscribe to all things in the Church, and there were some private matters that might make trouble. Don't know of anyone being in danger. No one told me the police had received any private instruction. Could not tell who he had received these rumors from.
William Law spoke. Said he had no personal feeling against Warren Smith. Some two or three years since, he sued Brother Warren, and stayed the suit, &c. Was suspicious Warren Smith's feelings might have risen from that source.
Councilor Hyrum Smith, Daniel Carn, Warren Smith, Leonard Soby, and William Marks addressed the council.
The mayor spoke. Said no one had come to him with tales about William Marks, to prejudice his mind against him. Was totally ignorant of it. I said to Brother Dunham,—If any man approach my house with arms, or attempted to disturb my house, I wanted the police to take care of that individual, whoever he might be. I repeat the instruction, and am perfectly astonished that Brother Law, Marks, or any other man should entertain such an idea [that they were in danger.] I live above suspicion on this subject from any source whatever. I never could bring my feelings to take revenge on my enemies. The City Council did not concoct the idea of having a police. The several wards petitioned for a police to protect them against invasion—wanted citizens to pass the streets at any time of night without molestation; but if the police see a man breaking in to my house or barn, or anybody's house or barn, tell him to stand, and inquire his business. I think it possible that some person has been practicing fraud on Brother Soby and the police and upon individuals, as the police, according to their instructions, had laid away their guns.
Don't guard Brother Marks' house any more. Men must not pervert the power entrusted to them like ex-Governor Boggs, whose executive oath required him to protect the Saints in Missouri, but perverted his power to enforce their extermination from the State.
Brother Soby does not know that it was a policeman who stopped him. Brother Marks does not know that the police kindled the fire before his house. Let the police have canes. Let the citizens pass and repass at all times of night.
Councilor Taylor spoke. Thought the conclusion drawn up by Brother Soby, that Joseph or somebody was going to get revenged by setting the guard to kill Marks, was the most contemptible that could be imagined; and if Brother Soby had had the respect for Brother Joseph he ought to have had, he could not have formed such a conclusion.
Mayor referred to Francis Higbee's testimony. Thought Francis Higbee had better stay at home and hold his tongue, lest rumor turn upon him and disclose some private matters which he would prefer kept hid. Did not believe there was any rumor of the kind afloat, or he could have told some of the names of his informants. Thought the young men of the city had better withdraw from his society, and let him stand on his own merits. I by no means consider him the standard of the city.
There has been a system of corruption and debauchery, which these rumors have grown out of; and the individuals who are the authors of them are those who do not want a police: they want to prowl in the streets at pleasure without interruption.
Alderman Orson Spencer spoke, approving the conduct of the police. General Wilson Law said. "I am Joseph's friend: he has no better friend in the world: I am ready to lay down my life for him;" and upon that the mayor and General Wilson Law shook hands.
The ordinance concerning the forty policemen read twice.
The mayor objected to assuming the entire disposal of the police beyond the definition of the ordinance.
Alderman George A. Smith said he could sleep with a fire near his house, if there were some of the police warming themselves by it; and he believed any honest man could do the same.
The police received the thanks of the council.
The cross-examination and speeches are generally omitted.
Council adjourned at dusk for the want of candles.
Reflections of the Prophet as to Traitors in High Places
What can be the matter with these men? Is it that the wicked flee when no man pursueth, that hit pigeons always flutter, that drowning men catch at straws, or that Presidents Law and Marks are absolutely traitors to the Church, that my remarks should produce such an excitement in their minds. Can it be possible that the traitor whom Porter Rockwell reports to me as being in correspondence with my Missouri enemies, is one of my quorum? The people in the town were astonished, almost every man saying to his neighbor, "Is it possible that Brother Law or Brother Marks is a traitor, and would deliver Brother Joseph into the hands of his enemies in Missouri?" If not, what can be the meaning of all this? "The righteous are as bold as a lion."
A number of gentlemen boarding at my house conversed with me on national affairs. I sent for Brother Phelps, who came and read my letter to John C. Calhoun, with which they were highly edified.
Elder Brigham Young went to La Harpe for the purpose of instructing the Saints.
Commenced snowing a little before sunset, and continued all night.
Saturday, 6.—Snow about four inches deep. I rode out with Emma in a sleigh.
The Bishops and lesser Priesthood met at Henry W. Miller's hall.
Sunday, 7.—At home in the morning. In the afternoon, rode out to my farm, and preached in Brother Cornelius P. Lott's house.
The Twelve Apostles attended meetings and preached in different parts of the city.
At six P.M. attended prayer-meeting with the quorum in the assembly room. Law and Marks absent.
Monday, 8.—At home in the morning.
At eleven went to my office to investigate a difficulty between John D. Parker and his wife. After laboring with them about two hours, brought about a reconciliation.
I also had an interview with William Law in the streets. My uncle, John Smith, from Macedonia, visited me. Amos Fielding arrived from Liverpool.
Tuesday, 9.—At home.
I insert the following from the Neighbor, as a specimen of the respect which the Carthage mob has for law or justice:
Disgraceful Affair at Carthage—Officers Resisted.
On Tuesday last Horace S. Eldredge, one of our county officers, went to Carthage for the purpose of arresting Milton Cook, on the charge of bastardy, and bringing him before R. D. Foster, justice of the peace of this county, before whom affidavit had been made to that effect. He found the accused in Bartlett's grocery, (Carthage,) and arrested him.
Cook had a gun that he said he had loaded for the purpose, and would make a hole through the constable if he molested him, and swore he would not be taken.
Harmon T. Wilson and others then stepped forward to his assistance, and said that they had sworn to stand by him, and that he should not go. He [Eldredge] then returned with his process to the justice of the peace, and told him what had occurred.
Mr. R. D. Foster then summoned eleven men to go along with the constable and assist him in bringing the delinquent. They went out and drove to the grocery, where they expected to find him; but he was not there. They then went out for a short time, without making known their business, when they saw an armed force gathering.
They shortly afterwards returned to the grocery, and saw him there where he swore he would not be taken. There was also an armed force standing in the door, who also swore he should not be taken.
The officer having the process, Mr. Markham and Mr. Eagle stepped forward and wished to reason the case with them, the officer at the same time demanding their assistance. They were met with an armed force of about twenty, four of whom stood in the doorway, two with guns and bayonets, and two with pistols.
The two having the bayonets charged directly at Mr. Markham, and swore they would run him through, and rushed upon him with their bayonets. He, however, warded off their blows with his arm, and the bayonet glanced and struck Mr. John Eagle in the abdomen. The bayonet went through his clothes, scratched his body, and glanced off without doing any further injury, other than giving him a slight cut in the hand.
Those having the pistols then attempted to shoot, when Mr. Markham seized the hand of one of them that held the pistol, and prevented him from firing. The other put his pistol to Mr. Eagle's breast, and swore he would shoot him.
The company at that time used all their force, and crowded the officers and their assistants some distance back, and carried off and secreted the prisoner. The officer and his company then went to the tavern to stay all night.
The next morning, about eight o'clock, the constable and Mr. Markham went to the grocery and searched, and Bartlett said that he was gone—that he had taken his horse and gone out of town.
They then saw a company of men gathered at Harmon T. Wilson's store, armed with guns, bayonets, pistols, clubs, and other missiles. Mr. Markham went to the store, where he found the constable and the prisoner. There were fifty in and about the store, all armed.
Mr. Eldredge then told the company present who he was, and demanded all in the house to assist in taking the prisoner, and then seized him. As soon as he laid hold of the prisoner, about six or eight men laid hold of the constable. Mr. Markham assisted the constable. When Mr. Markham had nearly succeeded in liberating the constable, a man who was called Dr. Morrison, drew his pistol and shot at Markham. The ball missed Markham, but came so near Mr. Coltrin's head, who was one of the assistants, as to graze his forehead.
As there were only four of the assistants in the store, they were overpowered by superior numbers, and the prisoner was taken away from them.
They saw that it would be impossible to take him without bloodshed, and consequently returned home. The parties engaged in this affray swore that, regardless of all law, they would defend the prisoner, and he should not be taken.
We have received the above particulars from Mr. Markham, and can consequently rely upon the correctness of the statement, as he is one of the parties mentioned. The woman who was enciente, who made the affidavit, is not in the Church, neither is Mr. Eagle—the person who was struck with the bayonet. Mr. Eagle has gone to the governor to make complaint.
We think that it is high time that prompt measures be taken to put a stop to such abominable outrages. If officers can be insulted in this manner and the law violated with impunity, we think that we shall speedily slide back into the barbarous ages.
Some of our mobocratic friends who assembled at a mobocratic meeting some time ago in Carthage, were considerably chagrined at our terming them mobocrats. We wonder whether they now believe that they are, or not? If such proceedings as those are cherished, farewell to our Republican institutions! farewell to law, equity, and justice! and farewell to all those sacred ties that bind men to their fellowmen!
We would here ask where the sheriff was. Why was he not applied to? We merely ask for information. We don't know that he was present or applied to. If he was, it certainly was his duty to see the law magnified.
Wednesday 10.—At home.
John Smith, Uncle of the Prophet, Ordained a Patriarch.
Ordained Uncle John Smith a patriarch. Enjoyed myself well in an interview with the brethren and concluded to take a ride part way with my uncle on his return to Macedonia.
In consequence of a visit from some gentlemen from Carthage, I called the City Council together at seven P.M. I copy the minutes:—
Special Session of City Council; Complaints of Carthage Citizens Considered.
January 10, 1844, 7 P.M.
Names of members called.
The mayor said:—"Messrs. Backman, Hamilton, and Sherman, lawyers from Carthage, have called on me and told me that the occasion of the excitement at Carthage and the resistance to the law, in the case of the arrest of Cook, was the late ordinance of this council to prevent unlawful search or seizure of person or property by foreign process in the city of Nauvoo; that they considered said ordinance was designed to hinder the execution of the statutes of Illinois within this city; consequently, they, the old citizens, felt disposed to stop the execution of processes issuing from the city precincts. They also raised objections against the process by Justice Foster for the apprehension of Cook, because it was made returnable to him alone, whereas they said the statute required it to be made returnable before himself or some other justice.
I explained to them the nature and reason of the ordinance—that was to prevent kidnapping under the pretense of law or process, and to facilitate the apprehension of thieves, &c., in this city, by throwing all foreign processes into the hands of the marshal, who would be most likely to know the hiding-places of fugitives from justice, who might secrete themselves in our city; and said that if any wrong impression had gone abroad with regard to the motives of the council in passing said ordinance, I would call the council immediately, that they might have the opportunity of giving any explanation necessary, so that the public might understand the ordinance in its true light. I have therefore called the council accordingly. I also referred the lawyers from Carthage to the statute which requires all processes issued in cases of bastardy to be returnable alone to the justice issuing the same, which they doubted until showed them the law, when they looked a little crest-fallen and foolish."
After deliberation, an additional section relative to the foregoing ordinance was read three times, and passed, by way of amendment:—
"Section 3. Be it ordained by the city council of the city of Nauvoo, that nothing in the foregoing ordinance shall be so construed as to prevent, hinder, or thwart the designs of justice, or to retard the civil officers of the state or county in the discharge of their official duties, but to aid and assist them within the limits of this city.
"Passed January 10, 1844.
"Joseph Smith, Mayor.
"Willard Richards, Recorder."
Wrote a letter to Esquire Backman to inform him what the City Council had done.
Complaints of F.M. Higbee against the Prophet.
I received a long equivocating letter from Francis M. Higbee, charging me with having slandered his character and demanding a public trial before the Church. It contains no denial of the charges which he accuses me of having spoken against him, but is full of bombast.
Thursday 11.—At home.
Rode out, ten A.M., and returned at half-past one P.M.
This morning William Jones, who had stayed all night at Wilson's Tavern in Carthage, was arrested without process by Colonel Levi Williams and his company, who kept him in custody until noon without rations.
The Twelve Apostles gave an invitation to the Saints in Nauvoo to cut and draw for me seventy-five or one hundred cords of wood on the 15th and 16th instant.
Friday 12.—Thaw: snow nearly gone.
Conference in Michigan
A conference was held in Brownstown, Main county, Michigan. Elder Mephibosheth Sirrine, president; and Gehiel Savage, clerk. Nine branches were represented, containing 6 elders, 9 priests, 7 teachers, 1 deacon, 136 members, and 45 scattered members; one hundred members having removed from that state to Nauvoo since the conference in July last.
Saturday 13.—At home in the morning.
At ten o'clock, attended City Council, where a bill for an ordinance concerning the recording of deeds in this city was taken under consideration, and read twice. It elicited much discussion.
The ten policemen who were not present at the meeting of the City Council on the 5th instant were sworn in the matter of William Law and William Marks, and testified they had received no private instructions whatever from me.
A discussion took place on the subject of granting licenses for the sale of spirits.
I signed resolutions passed at a court martial held this morning.
Stephen M. Farnsworth was chosen president of the priests' quorum, and William Carmichael and William Box his counselors.
Sunday 14.—At home all day.
A prayer-meeting was held at the assembly room. I did not attend.
Warm and rainy towards evening.
The Twelve Apostles preached at private houses in various parts of the city.
A branch of the Church was organized in New Orleans, with 34 members. T. B. Jackaway, president, and E. L. Brown, clerk.
Monday 15.—At home. Wrote to Sister Maria L. Campbell, Elmira, N. Y.
A Wood Bee
At nine, A.M., teams began to arrive with wood, according to the appointment of the Twelve Apostles, there being about 200 of the brethren chopping in the woods, and from thirty to forty teams engaged in drawing the wood to my house. About 100 loads were drawn, and as many more chopped, and left to be drawn another day.
Threats of Francis M. Higbee.
At ten, A.M., Dr. Richards called, and told me it was reported that Francis M. Higbee was going to put me under $10,000 bonds for speaking against him.
At the same time, Constable Eldredge summoned me to attend a court as witness before Esquire Johnson; and I went accordingly, to give my testimony.
The Twelve Apostles wrote the following letter:—
Letter: The Twelve Apostles to the Saints at Morley Settlement—Material Help Asked for.
Nauvoo, January 15, 1844.
To President Isaac Morley and the Saints at Morley Settlement, the Twelve send greeting:—
Beloved Brethren—While the work of the Lord is great and sought out by all them that have pleasure therein, the Lord of the vineyard has laid special charges upon some of His servants to execute; and while we are striving by all means to raise funds to hasten the Temple the approaching spring, we are not unmindful of the "History of the Church," the "Great Proclamation to the Kings of the Earth," and the "Memorials to Congress," &c., all of which are now before the Church, though their progress is retarded for the want of the necessities of life, in the families of those who are employed in this business.
Two or three clerks are necessarily employed, and that continually, by our Prophet, who cheerfully devote their time—not a tenth, but the whole, to roll on these desirable objects; but their hands are palsied and their pens stayed, more or less. Therefore, with the approbation of our President, we again call on you, as those who have ever been ready to listen to the wants of the Church, that you would raise such collections of provisions as you may have at your disposal, and forward the same without delay to us, for the special benefit of the clerks of President Smith or the Church. Asking no more, it is right they should not go hungry or naked.
Do you ask what is wanting? We answer, Look to your own households, and say what it requires to make them comfortable, and you will know just what is wanting by these men. Eatables of every kind, and even soap to keep their hands clean, is scarce at Nauvoo, and it takes many lights to keep the pen in motion these long evenings.
The President has plenty to do without supporting a number of clerks, whose business as deeply concerns every other individual in the Church as himself, although he has done it to a great extent and with great inconvenience; and we are confident that when you are made acquainted with the facts, you will be unwilling that Joseph should do all, and get all the blessing. And as you shall continue your liberality in temporal things, God shall pour out upon your heads blessings spiritual and temporal; and now is the time for action.
All is peace at Nauvoo, and the last report from the Carthagenians was, they were beginning to think it was time to throw down their arms and attempt a compromise. But the "Mormons" can truly say they have had no quarrel with them. It has all been between the citizens and the law, their own officers being the executors thereof; and we feel disposed to let them fight it out among themselves, while we live in peace and laugh at their folly.
With our prayers and blessings, we subscribe ourselves
Your brethren in Christ Jesus.
In behalf of the quorum,
B. Young, President.
W. Richards, Clerk.
The Municipal Court issued a warrant for the arrest of Francis M. Higbee, on affidavit of Orson Pratt.
East wind in forenoon, and some rain. Brisk wind from N.W. in afternoon.
Andrews' Appeal to the State of Maine.
Benjamin Andrews published in the Times and Seasons "An Appeal to the people of the State of Maine" setting forth the persecutions, murders, and robberies committed upon the Saints by the people of the State of Missouri, and soliciting the assistance of his native State in procuring redress.
Tuesday, 16.—Cold and windy.
Francis M. Higbee on Trial—Reconcilliation with Prophet.
At ten, A.M., Francis M. Higbee was brought up before the Municipal Court, on complaint of Orson Pratt, for absenting himself from City Council without leave, when summoned as a witness, and for slanderous and abusive language towards one of the members of the Council.
The court adjourned, and the City Council commenced their session, continuing till two o'clock, during which time a reconciliation took place with Francis M. Higbee, who had written a slanderous letter concerning me, and said many hard things, which he acknowledged; and I forgave him. I went before the Council and stated that all difficulties between me and F. M. Higbee were eternally buried, and I was to be his friend for ever. To which F. M. Higbee replied, "I will be his friend for ever, and his right-hand man."
A number of the brethren assembled and chopped up the firewood which had been hauled to my house yesterday, and piled it up ready for use.
The following "Ordinance concerning the sale of Spirituous Liquors" was passed by the City Council:
An Ordinance concerning the Sale of Spirituous Liquors.
Whereas, the use and sale of distilled and fermented liquors for all purposes of beverage and drink by persons in health are viewed by this City Council with unqualified disapprobation:
Whereas, nevertheless the aforesaid liquors are considered highly beneficial for medical and mechanical purposes, and may be safely employed for such uses, under the counsel of discreet persons: Therefore,
Sect. 1. Be it ordained by the City Council of the city of Nauvoo, that the Mayor of this city is hereby authorized to sell said liquors in such quantities as he may deem expedient.
Sect. 2. Be it further ordained, that other persons not exceeding one to each ward of the city, may also sell said liquors in like quantities for medical and mechanical purposes by obtaining a license of the Mayor of the city. The above ordinance to be in full force and effect immediately after its passage,—all ordinances to the contrary notwithstanding.
Passed January 16, 1844.
Joseph Smith, Mayor.
W. Richards, Recorder.
An ordinance was also passed, authorizing Henry G. Sherwood to make out a city directory, and to establish an intelligence office in the city. Also the following ordinance:—
An Ordinance concerning Witnesses and Jurors' Fees
Be it ordained by the City Council of the city of Nauvoo, that hereafter all persons subpoenaed and attending upon courts of trial as witnesses, or as jurors in civil cases, shall not be compelled to testify or be held in attendance either as witness or juror, unless they shall first be tendered the sum of fifty cents per day for each witness and each juror subpoenaed.
Passed January 16, 1844.
Joseph Smith, Mayor.
W. Richards, Recorder.
Wednesday, 17.—At home settling accounts with various individuals. Gave deed of a lot to John Lytle.
The steamer Shepherdess sank near St. Louis, drowning forty passengers.
Thursday, 18.—At home, and wrote letters to Reuben McBride and Joseph Coe, Kirtland; Clark Leal, of Fountain Green; and to Justin J. Butterfield, Esq., Chicago.
Assault Upon Nelson Judd.
This afternoon a man called on Brother Nelson Judd, and said he wanted to sell him some wood below Davidson Hibbard's. He went to see the wood, the man saying he would meet him at the place. When below, Hibbard's two men came up on horseback, and told him they had a warrant for him, for taking away Avery's things for Bear Creek. One shot at him twice and the other snapped at him twice with their pistols. Judd then coolly said, "Now, 'tis my turn," putting his hand into his pocket, although he knew he had no pistols: yet the men fled.
There was a cotillion party at the Mansion this evening.
Friday, 19.—Rode out in the course of the day. In the evening, gave a lecture on the Constitution of the United States, and on the candidates for the Presidency.
Mild weather. Cloudy in the afternoon.
A meeting was held in the assembly room to devise means for the founding of another library institution in Nauvoo.