Volume 7 Chapter 8
Interview between Joseph Smith and Governor Thomas Ford
"At the request of Joseph Smith for an interview with the governor, he came the next morning, Thursday, June 26th, at half past 9 o'clock, accompanied by Colonel Thomas Geddes, when a lengthy conversation was entered into in relation to the existing difficulties; and after some preliminary remarks, at the governor's request, Brother Joseph gave him a general outline of the state of affairs in relation to our difficulties, the excited state of the country, the tumultuous mobocratic movements of our enemies, the precautionary measures used by himself (Joseph Smith), the acts of the city council, the destruction of the press, and the moves of the mob and ourselves up to that time.
The following report is, I believe, substantially correct:
Governor—'General Smith, I believe you have given me a general outline of the difficulties that have existed in the country in the documents forwarded to me by Dr. Bernhisel and Mr. Taylor; but, unfortunately, there seems to be a great discrepancy between your statements and those of your enemies. It is true that you are substantiated by evidence and affidavit, but for such an extraordinary excitement as that which is now in the country there must be some cause, and I attribute the last outbreak to the destruction of the Expositor, and to your refusal to comply with the writ issued by Esquire Morrison. The press in the United States is looked upon as the great bulwark of American freedom, and its destruction in Nauvoo was represented and looked upon as a high-handed measure, and manifests to the people a disposition on your part to suppress the liberty of speech and of the press. This, with your refusal to comply with the requisition of a writ, I conceive to be the principal cause of this difficulty; and you are moreover represented to me as turbulent, and defiant of the laws and institutions of your country.'
General Smith—'Governor Ford, you, sir, as governor of this state, are aware of the persecutions that I have endured. You know well that our course has been peaceable and law-abiding for I have furnished this state ever since our settlement here with sufficient evidence of my pacific intentions, and those of the people with whom I am associated, by the endurance of every conceivable indignity and lawless outrage perpetrated upon me and upon this people since our settlement here; and you yourself know that I have kept you well posted in relation to all matters associated with the late difficulties. If you have not got some of my communications, it has not been my fault,
'Agreeably to your orders, I assembled the Nauvoo Legion for the protection of Nauvoo and the surrounding country against an armed band of marauders; and ever since they have been mustered I have almost daily communicated with you in regard to all the leading events that have transpired; and whether in the capacity of mayor of the city, or lieutenant-general of the Nauvoo Legion, I have striven, according to the best of my judgment to preserve the peace, and to administer even-handed justice; but my motives are impugned, my acts are misconstrued, and I am grossly and wickedly misrepresented. I suppose I am indebted for my incarceration to the oath of a worthless man, who was arraigned before me and fined for abusing and maltreating his lame, helpless brother. That I should be charged by you, sir, who know better, of acting contrary to law, is to me a matter of surprise. Was it the 'Mormons' or our enemies who first commenced these difficulties? You know well it was not us; and when this turbulent, outrageous people commenced their insurrectionary movements I made you acquainted with them officially, and asked your advice, and have followed strictly your counsel in every particular. Who ordered out the Nauvoo Legion? I did, under your direction. For what purpose? To suppress the insurrectionary movements. It was at your instance, sir, that I issued a Proclamation calling upon the Nauvoo Legion to be in readiness at a moment's warning to guard against the incursions of mobs, and gave an order to Jonathan Dunham, acting major-general, to that effect.
'Am I, then, to be charged with the acts of others? and because lawlessness and mobocracy abound, am I, when carrying out your instructions, to be charged with not abiding law? Why is it that I must be made accountable for other men's acts? If there is trouble in the country, neither I nor my people made it; and all that we have ever done, after much endurance on our part, is to maintain and uphold the Constitution and institutions of our country, and to protect an injured, innocent, and persecuted people against misrule and mob violence.
'Concerning the destruction of the press to which you refer, men may differ somewhat in their opinions about it; but can it be supposed that after all the indignities to which they have been subjected outside, that people would suffer a set of worthless vagabonds to come into their city, and, right under their own eyes and protection, vilify and calumniate not only themselves, but the character of their wives and daughters, as was impudently and unblushingly done in that infamous and filthy sheet?
'There is not a city in the United States that would have suffered such an indignity for twenty-four hours. Our whole people were indignant, and loudly called upon our city authorities for a redress of their grievances, which, if not attended to, they themselves would have taken into their own hands, and have summarily punished the audacious wretches as they deserved. The principle of equal rights that has been instilled into our bosoms from our cradles as American citizens forbids us submitting to every foul indignity, and succumbing and pandering to wretches so infamous as these. But, independent of this, the course that we pursued we consider to be strictly legal; for, notwithstanding the result, we were anxious to be governed strictly by law, and therefore we convened the city council; and being desirous in our deliberations to abide by law, we summoned legal counsel to be present on the occasion. Upon investigating the matter, we found that our city charter gave us power to remove all nuisances. Furthermore, after consulting Blackstone upon what might be considered a nuisance, it appeared that that distinguished lawyer, who is considered authority, I believe, in all courts, states among other things that 'a libelous and filthy press may be considered a nuisance, and abated as such,' 1 Here, then, one of the most eminent English barristers, whose works are considered standard with us, declares that a libelous and filthy press may be considered a nuisance; and our own charter, given us by the legislature of this state, gives us the power to remove nuisances; and by ordering that press to be abated as a nuisance, we conceived that we were acting strictly in accordance with law. We made that order in our corporate capacity, and the city marshal carried it out. It is possible there may have been some better way, but I must confess that I could not see it.
'In relation to the writ served upon us, we were willing to abide the consequences of our own acts, but were unwilling, in answering a writ of that kind, to submit to illegal exactions, sought to be imposed upon us under the pretense of law, when we knew they were in open violation of it. When that document was presented to me by Mr. Bettisworth, I offered, in the presence of more than twenty persons, to go to any other magistrate, either in our city, in Appanoose, or any other place where we should be safe, but we all refused to put ourselves into the power of a mob. What right had that constable to refuse our request? He had none according to law; for you know, Governor Ford, that the statute law in Illinois is, that the parties served with the writ 'shall go before him who issued it, or some other justice of the peace.' Why, then, should we be dragged to Carthage, where the law does not compel us to go? Does not this look like many others of our persecutions with which you are acquainted? and have we not a right to expect foul play? This very act was a breach of law on his part, an assumption of power that did not belong to him, and an attempt, at least, to deprive us of our legal and constitutional rights and privileges. What could we do, under the circumstances, different from what we did do? We sued for, and obtained a writ of habeas corpus from the municipal court, by which we were delivered from the hands of Constable Bettisworth, and brought before and acquitted by the municipal court. After our acquittal, in a conversation with Judge Thomas, although he considered the acts of the party illegal, he advised that, to satisfy the people, we had better go before another magistrate who was not in our church. In accordance with his advice, we went before Esquire Wells, with whom you are well acquainted; both parties were present, witnesses were called on both sides, the case was fully investigated, and we were again dismissed. And what is this pretended desire to enforce law, and wherefore are these lying, base rumors put into circulation but to seek, through mob influence, under pretense of law, to make us submit to requisitions which are contrary to law and subversive of every principle of justice? And when you, sir, required us to come out here, we came, not because it was legal, but because you required it of us, and we were desirous of showing to you, and to all men, that we shrunk not from the most rigid investigation of our acts. We certainly did expect other treatment than to be immured in a jail at the instance of these men, and I think, from your plighted faith, we had a right so to expect, after disbanding our own forces, and putting ourselves entirely in your hands. And now, after having fulfilled my part, sir, as a man and an American citizen, I call upon you, Governor Ford, to deliver us from this place, and rescue us from this outrage that is sought to be practiced upon us by a set of infamous scoundrels.'
Governor Ford—'But you have placed men under arrest, detained men as prisoners, and given passes to others, some of which I have seen.'
John P. Greene, City Marshal—'Perhaps I can explain. Since these difficulties have commenced, you are aware that we have been placed under very peculiar circumstances; our city has been placed under a very rigid police guard; in addition to this, frequent guards have been placed outside the city to prevent any sudden surprise, and those guards have questioned suspected or suspicious persons as to their business. To strangers, in some instances, passes have been given to prevent difficulty in passing those guards; it is some of these passes that you have seen. No person, sir, has been imprisoned without a legal cause in our city.'
Governor—'Why did you not give a more speedy answer to the posse that I sent out?'
General Smith—'We had matters of importance to consult upon; your letter showed anything but an amiable spirit. We have suffered immensely in Missouri from mobs, in loss of property, imprisonment, and otherwise. It took some time for us to weigh duly these matters; we could not decide upon matters of such importance immediately, and your posse were too hasty in returning; we were consulting for a large people, and vast interests were at stake. We had been outrageously imposed upon, and knew not how far we could trust anyone, besides, a question necessarily arose, how shall we come? Your request was that we should come unarmed. It became a matter of serious importance to decide how far promises could be trusted, and how far we were safe from mob violence.'
Colonel Geddes—'It certainly did look from all I have heard, from the general spirit of violence and mobocracy that here prevails, that it was not safe for you to come unprotected.' 2
Governor Ford—'I think that sufficient time was not allowed by the posse for you to consult and get ready. They were too hasty; but I suppose they found themselves bound by their orders. I think, too, there is a great deal of truth in what you say, and your reasoning is plausible, but I must beg leave to differ from you in relation to the acts of the city council. That council, in my opinion, had no right to act in a legislative capacity and in that of the judiciary. They should have passed a law in relation to the matter, and then the municipal court, upon complaint, could have removed it [i.e., the Expositor press]; but for the city council to take upon themselves the law-making and the execution of the law, is, in my opinion, wrong; besides, these men ought to have had a hearing before their property was destroyed; to destroy it without was an infringement on their rights; besides, it is so contrary to the feelings of American people to interfere with the press. And, furthermore, I cannot but think that it would have been more judicious for you to have gone with Mr. Bettisworth to Carthage, notwithstanding the law did not require it. Concerning your being in jail, I am sorry for that; I wish it had been otherwise. I hope you will soon be released, but I can not interfere.'
Joseph Smith—'Governor Ford, allow me, sir, to bring one thing to your mind that you seem to have overlooked. You state that you think it would have been better for us to have submitted to the requisition of Constable Bettisworth, and to have gone to Carthage. Do you not know, sir, that that writ was served at the instance of an anti-'Mormon' mob, who had passed resolutions, and published them, to the effect that they would exterminate the 'Mormon' leaders? And are you not informed that Captain Anderson was not only threatened but had a gun fired at his boat by this said mob in Warsaw when coming up to Nauvoo, and that this very thing was made use of as a means to get us into their hands; and we could not, without taking an armed force with us, go there without, according to their published declarations, going into the jaws of death? To have taken a force with us would only have fanned the excitement, and they would have stated that we wanted to use intimidation; therefore, we thought it the most judicious to avail ourselves of the protection of law.'
Governor Ford—'I see, I see.'
Joseph Smith—'Furthermore, in relation to the press, you say that you differ from me in opinion. Be it so; the thing, after all, is only a legal difficulty, and the courts, I should judge, are competent to decide on that matter. If our act was illegal, we are willing to meet it and although I can not see the distinction that you draw about the acts of the city council, and what difference it could have made in point of fact, law, or justice between the city council's acting together or separate, or how much more legal it would have been for the municipal court, who were a part of the city council, to act separately instead of with the councilors, yet if it is deemed that we did a wrong in destroying that press, we refuse not to pay for it; we are desirous to fulfill the law in every particular, and are responsible for our acts. You say that the parties ought to have had a hearing. Had it been a civil suit, this, of course, would have been proper; but there was a flagrant violation of every principle of right—a nuisance; and it was abated on the same principle that any nuisance, stench, or putrefied carcass would have been removed. Our first step, therefore, was to stop the foul, noisome, filthy sheet, and then the next in our opinion would have been to have prosecuted the man for a breach of public decency. And, furthermore, again let me say, Governor Ford, I shall look to you for our protection. I believe you are talking of going to Nauvoo; if you go, sir, I wish to go along. I refuse not to answer any law, but I do not consider myself safe here.'
Governor—'I am in hopes that you will be acquitted, and if I go I will certainly take you along. I do not, however, apprehend danger. I think you are perfectly safe either here or anywhere else. I can not, however, interfere with the law. I am placed in peculiar circumstances, and seem to be blamed by all parties.'
Joseph Smith—'Governor Ford, I ask nothing but what is legal; I have a right to expect protection, at least from you; for, independent of law, you have pledged your faith and that of the state for my protection, and I wish to go to Nauvoo.'
Governor—'And you shall have protection, General Smith. I did not make this promise without consulting my officers, who all pledged their honor to its fulfillment. I do not know that I shall go tomorrow to Nauvoo, but if I do I will take you along.'
At a quarter past ten o'clock the governor left."
1. The author referred to (Blackstone) says: "A fourth species of remedy by the mere act of the party injured, is the abatement, or removal of nuisances." On this the following commentary is made in note 6. "So it seems that a libelous print, or paper [not the printing press on which they may have been printed] affecting a private individual may be destroyed: or, which is the better course, taken and delivered to a magistrate" (See Chitty's Blackstone, bk. 2, chs. 1, 4, note 6). The destruction of libelous "prints and papers" can scarcely be held to sustain the action of destruction of a "printing press."
2. Notwithstanding this sympathetic allusion by Colonel Geddes upon the situation, it is stated by Gregg that Geddes was really unfriendly to the Prophet and had no sympathy with him and the injustice which had been done him in his arrest and imprisonment, for after leaving the prison and carrying on a conversation with Governor Ford, he represents the governor as saying to him: "O, it's all nonsense; you will have to drive these Mormons out yet!" Then Geddes said to the governor: "If we undertake that governor, when the proper time comes, will you interfere?" "No, I will not", said the governor, after a pause adding, "until you are through" (Gregg's History of Hancock County, p. 372).