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Times and Seasons/5/12
Times and Seasons: Volume 5, Number 12
Summary:Source document in Mormon Publications: 19th and 20th Centuries online archive: Times and Seasons Vol. 5
|Number 11||Number 13|
Times and Seasons: Volume 5, Number 12
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- Awful assassination of JOSEPH AND HYRUM SMITH!-The pledged faith of the state of Illinois stained with innocent blood by a Mob!
- STATEMENT OF FACTS
- TO THE PEOPLE OF THE STATE OF ILLINOIS.
- SIGNS OF PEACE.
- PUBLIC MEETING.
- TO THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS.
- THE GATHERING.
- CONFERENCE MINUTES.
- POETRY For the Times and Seasons.
|TIMES AND SEASONS|
|"TRUTH WILL PREVAIL"|
|Volume V. No. 12.]||CITY OF NAUVOO. ILL. JULY, 1, 1844.||[Whole No. 96.|
Awful assassination of JOSEPH AND HYRUM SMITH!-The pledged faith of the state of Illinois stained with innocent blood by a Mob!
On Monday the 24th inst., after Gov. Ford had sent word, that those eighteen persons demanded on a warrant, among whom were Joseph Smith and Hyrum Smith should be protected, by the militia of the State, they in company with some ten or twelve others, started for Carthage. Four miles from that place, they were met by Capt. Dunn, with a company of cavalry, who had an order from the Governor for the "State Arms." Gen. Smith endorsed his acceptance of the same, and both parties returned to Nauvoo to obtain said arms. After the arms were obtained, both parties took up the line of march for Carthage, where they arrived about five minutes before twelve o'clock at night. Capt. Dunn nobly acquitting himself, landed us safely at Hamilton's hotel
In the morning we saw the governor, and he pledged the faith of the State, that we should be protected. Gen. Smith and his brother Hyrum were arrested by a warrant founded upon the oaths of H. O. Norton and Agustine Spencer for treason. Knowing the threats from several persons, that the two Smiths should never leave Carthage alive, we all began to be alarmed for their personal safety. The Gov. and Gen. Deming conducted them before the McDonough troops and introduced them as Gen. Joseph Smith and Gen. Hyrum Smith.-This manœuvre [maneuver] came near raising a mutiny among the "Carthage Greys," but the governor quelled it.
In the afternoon, after great exertions on the part of our counsel, we dispensed with an investigation, and voluntarily gave bail for our appearance to the Circuit Court, to answer in the case of abating the Nauvoo Expositor, as a nuisance.
At evening the Justice made out a mittimus, without an investigation, and committed the two Gen. Smiths to prison until discharged by due course of law, and they were safely guarded to jail. In the morning the Governor went to the jail and had an interview with these men, and to every appearance all things were explained on both sides.
The constable then went to take these men from the jail, before the Justice for examination, but the jailer refused to let them go, as they were under his direction "till discharged by due course of law;" but the governor's troops, to the amount of one or two hundred, took them to the Court House, when the hearing was continued till Saturday the 29th, and they were remanded to jail. Several of our citizens had permits from the Governor to lodge with them, and visit them in jail. It now began to be rumored by several men, whose names will be forthcoming in time, that there was nothing against these men, the law could not reach them, but powder and ball would! The Governor was made acquainted with these facts, but on the morning of the 27th, he disbanded the McDonough troops, and sent them home; took Captain Dunn's company of cavalry and proceeded to Nauvoo, leaving these two men and three or four friends, to be guarded by eight men at the jail; and a company in town of 60 men, 80 or 100 rods from the jail, as a corps in reserve.
About six o'clock in the afternoon the guard was surprised by an armed mob from 150 to 250, painted red, black and yellow, which surrounded the jail, forced in-poured a shower of bullets into the room where these unfortunate men were held, "in durance vile," to answer the laws of Illinois; under the solemn pledge of the faith of the State, by Gov. Ford, that they should be protected! but the mob ruled!! They fell as martyrs amid this tornado of lead, each receiving four bullets! John Taylor was wounded by four bullets in his limbs but not seriously. Thus perishes the great hope of law; thus vanishes the plighted faith of the State; thus the blood of innocence stains the constituted authorities of the United States, and thus have two among the most noble martyrs since the slaughter of Abel, sealed the truth of their divine mission, by being shot by a Mob for their religion!
Messengers were dispatched to Nauvoo, but did not reach there till morning. The following was one of the letters:
12 o'clock at night, 27th June, }
Carthage, Hamilton's Tavern. }
TO MRS. EMMA SMITH,
AND MAJ. GEN. DUNHAM, &c-
The Governor has just arrived; says all things shall be inquired into, and all right measures taken.
I say to all the citizens of Nauvoo, my brethren, be still, and know that God reigns. Don't rush out of the city-don't rush to Carthage; stay at home, and be prepared for an attack from
Missouri mobbers. The governor will render every assistance possible-has sent out orders for troops-Joseph and Hyrum are dead, but not by the Carthage people-the guards were true as I believe.
We will prepare to move the bodies as soon as possible.
The people of the county are greatly excited, and fear the Mormons will come out and take vengeance-I have pledged my word the Mormons will stay at home as soon as they can be informed, and no violence will be on their part, and say to my brethren in Nauvoo, in the name of the Lord-be still-be patient-only let such friends as choose come here to see the bodies- Mr. Taylor's wounds are dressed & not serious-I am sound.
SAMUEL H. SMITH.
Defend yourselves until protection can be furnished necessary, June 27th, 1844.
THOMAS FORD, Governor
and Commander in Chief.
Mr. Orson Spencer,
Dear sir:-Please deliberate on this matter; prudence may obviate material destruction. I was at my residence when this horrible crime was committed. It will be condemned by three fourths of the citizens of the county-be quiet or you will be attacked from Missouri.
M. R. DEMMING.
The Governor, as well as the citizens of Carthage, was thunder struck! and fled.
The Legion in Nauvoo, was called out at 10 A. M. and addressed by Judge Phelps, Col. Buckmaster, of Alton, the Governors aid, and others, and all excitement and fury allayed and preparations were made to receive the bodies of the Noble Martyrs. About 3 o'clock they were met by a great assemblage of people east of the Temple on Mulholland street, under the direction of the city Marshal, followed by Samuel H. Smith, the brother of the deceased, Dr. Richards and Mr. Hamilton, of Carthage. The wagons were guarded by 8 men. The procession that followed in Nauvoo, was the City Council, the Lieut. General's Staff, the Major General and staff, the Brigadier General and staff, commanders and officers of the Legion and citizens generally, which numbered several thousands, amid the most solemn lamentations and wailings that ever ascended into the ears of the Lord of Hosts to be avenged of our enemies!
When the procession arrived the bodies were both taken into the 'Nauvoo Mansion;' the scene at the Mansion cannot be described: the audience was addressed by Dr. Richards, Judge Phelps, Woods and Reed Esqs. of Iowa, and Col. Markham. It was a vast assemblage of some 8 or 10,000 persons, and with one united voice resolved to trust to the law for a remedy of such a high handed assassination, and when that failed to call upon God to avenge us of our wrongs! Oh! widows and orphans:-Oh! Americans weep for the glory of freedom has departed!
STATEMENT OF FACTS
At the request of many persons who wish that the truth may go forth to the world in relation to the late murder of Joseph and Hyrum Smith, by a band of lawless assassins. I have consented to make a statement of the facts so far as they have come to my knowledge, in an authentic shape, as one of the attorneys employed to defend the said Smiths against the charges brought against them, and other persons at Carthage, in the State of Illinois.
On Monday the 24th inst., at the request of Gen. Joseph Smith I left for Fort Madison in the Territory of Iowa, and arrived at Carthage where I expected to meet the General, his brother Hyrum and the other persons implicated with them; they arrived at Carthage late at night and next morning voluntarily surrendered themselves to the constable, Mr. Bettersworth, who held the writ against them on a charge of riot, for destroying the press, type and fixtures of the Nauvoo Expositor, the property of William and Wilson Law, and other dissenters, charged to have been destroyed on the 10th inst.
Great excitement prevailed in the county of Hancock, and had extended to many of the surrounding counties. A large number of the militia of several counties were under arms at Carthage, the Head Quarters of the commanding Gen. Deming; and many other troops were under arms at Warsaw and other places in the neighborhood. The Governor was at Head Quarters in person, for the purpose of seeing that the laws of the land were executed and had pledged his own faith and the faith of the state of Illinois that the Smiths and the other persons concerned with them should be protected from personal violence, if they would surrender themselves to be dealt with according to law. During the two succeeding days, his Excellency repeatedly expressed to the legal counsellors [counselors] of the Smiths his determination to protect the prisoners and to see that they should have a fair and impartial examination so far as depended on the Executive of the State. On Tuesday morning soon after the surrender of the prisoners on the charge of riot, Gen. Joseph Smith and his brother Hyrum
were both arrested on a charge of treason against the State of Illinois. The affidavits upon which the writs were issued were made by Henry O. Norton and Augustine Spencer.
On Tuesday afternoon the two Smiths and other persons on the charge of riot, appeared before R. F. Smith, a justice of the peace, residing at Carthage, and by advice of counsel, in order to prevent if possible, any increase of excitement, voluntarily entered into recognizance in the sum of five hundred dollars each with unexceptionable security, for their appearance at the next term of the circuit court for said county. The whole number of persons recognized is fifteen, most if not all of them leading men in the Mormon church.
Making out the bonds and justifying bail necessarily consumed considerable time, and when this was done it was near night, and the justice adjourned his court over without calling the Smiths to answer to the charge of treason, or even intimating to their counsel or the prisoners, that they were expected to enter into the examination that night. In less than an hour after the adjournment of the court, constable Bettersworth who had arrested the prisoners in the morning appeared at Hamilton's Hotel, at the lodgings of the prisoners and their counsel and insisted that the Smiths should go to jail, Mr. Woods of Burlington, Iowa, and myself, as counsel for the prisoners, insisted that they were entitled to be brought before the justice for examination before they could be sent to jail. The constable to our surprise, thereupon exhibited a mittimus from said justice as follows:
STATE OF ILLINOIS,}
The people of the state of Illinois to the keeper of the Jail of the said county, greeting:
Whereas Joseph Smith and Hyrum Smith of the county aforesaid have been arrested upon the oath of Augustine Spencer and Henry O. Norton, for the crime of treason, and has been brought before me as a Justice of the Peace in and for said county, for trial at the seat of justice thereof, which trial has been necessarily postponed by the reason of the absence of material witnesses, to wit: Francis M. Higbee and others; Therefore I command you in the name of the people to receive the said Joseph Smith and Hyrum Smith into your custody in the jail of the county aforesaid, there to remain until discharged by due course of law.
Given under my hand and seal, this 25th day of June, A. D. 1844.
(Signed,) R. F. Smith, J. P. [L. S.]
His Excellency did not think it within the sphere of his duty to interfere, and the prisoners were removed from their lodgings to jail.-The recitals of the mittimus so far as they relate to the prisoners having been brought before the justice for trial, and it there appearing that the necessary witness of the prosecution were absent, is wholly untrue, unless the prisoners could have appeared before the justice without being present in person or by counsel; nor is there any law in Illinois within my knowledge which permits a justice to commit persons charged with crimes, to jail without examination as to the probability of their guilt.
On Wednesday forenoon the Governor in company with one of his friends, visited the prisoners at the jail, and again assured them that they should be protected from violence, and told them that if the troops marched the next morning to Nauvoo as his excellency then expected they should be taken along in order to insure their personal safety.
On the same morning, some one or more of the counsel for the prosecution, expressed their wish to me, that the prisoners should be brought out of jail for examination; they were answered that the prisoners had already been committed, and that the justice and constable had no further control of the prisoners; and that if the prosecutors wished the prisoners brought out of the jail, they should bring them out on a writ of Habeas Corpus or some other due course of law. The constable after this conversation went to the jail with the following order to the jailor [jailer]:
STATE OF ILLINOIS,}
To David Bettersworth, constable of said county:
You are commanded to bring the bodies of Joseph Smith and Hyrum Smith from the jail of said county, forthwith before me at my office for an examination on the charge of treason, they having been committed for safe keeping until trial could be had on such examination and the state now being ready for such examination.
Given under my hand and seal this 26th day of June, 1844.
(Signed R. F. SMITH. J. P. [L. S.]
And demanded the prisoners, but as the jailor [jailer] could find no law authorizing a justice of the peace, to demand prisoners committed to his charge, he refused to give them up, until discharged from his custody by due course of law. Upon the refusal to give up the prisoners, the company of Carthage Greys marched to the jail, by whose orders I know not, and compelled the jailor [jailer] against his will and conviction of duty, to deliver the prisoners to the constable, who, forthwith, took them before Justice Smith,
the captain of the Carthage Greys.-The counsel for the prisoners then appeared, and asked for subpœnas for witnesses on the part of the prisoners, and expressed their wish to go into the examination, as the witnesses could be brought from Nauvoo to Carthage; the justice thereupon fixed the examination for 12 o'clock, on Thursday the 27th inst; whereupon, the prisoners were remanded to prison. Soon after, a council of the military officers was called by the Governor, and it was determined to march on the next morning, the 27th inst. to Nauvoo, with all the troops, except one company which was to be selected by the Governor from the troops whose fidelity was more to be relied on to guard the prisoners whom it was determined should be left at Carthage. On Thursday morning, another consultation of officers took place, and the former orders for marching to Nauvoo with the whole army, were countermanded. One company were ordered to accompany the Governor, to Nauvoo; the Carthage Greys, who had but two days before been under arrest for insulting the commanding General, and whose conduct had been more hostile to the prisoners, than that of any other company, were selected to guard the prisoners, and the other troops including those rendezvoused at Golden's Point, from Warsaw and who had been promised that they should be marched to Nauvoo, were disbanded. A guard of only eight men was stationed at the jail, whilst the rest of the Greys were in camp at a quarter of a mile's distance, and whilst his Excellency was haranguing the peacable [peaceable] citizens of Nauvoo, and asking them to give up all their own arms, the assassins were murdering the prisoners in jail, whom the Governor had pledged himself and the faith of the State to protect.
H. T. REID.
At the request of the friends of Joseph and Hyrum Smith, I have consented to give a statement of such matters as I had a knowledge of in relation to their murder at Carthage, and what occurred under my observation. I arrived in Nauvoo from Burlington, Iowa, on Friday, June 21, about 9 o'clock, P. M., found all things quiet, had an interview on Saturday morning the 22d, with Joseph and Hyrum Smith, who was in consultation with some of their friends in relation to a communication from Gov. Ford: during the interview heard Gen. Joseph Smith give orders to disband the Legion and withdraw the guards and sentinels, who were cooperating with the police to preserve the peace of the city, as he said by order of Gov. Ford; that I went from Nauvoo to Carthage on the evening of the 22d, when I had an interview with Gov. Ford, assuring him as to the quiet of Nauvoo, and that Smith and his friends were ready to obey the laws. I was told that the constable with a posse had that evening gone to Nauvoo with a writ for Smith and others, and that nothing short of an unconditional surrender to the laws could allay excitement. I was then informed by Gov. Ford he was pledged to protect all such persons as might be arrested, and that they should have an impartial examination, and that if the Smiths and the rest against whom warrants had been issued, would come to Carthage by Monday the 24th inst., (June,) it would be a compliance on their part, and on Sunday morning the 23d, Gov. Ford pledged his word that if Gen. Smith would come to Carthage, he should by him be protected, with such of his friends as might accompany him, and that I as his counsel should have protection, in defending Smith; that I returned to Nauvoo on Sunday evening the 23d, and I found Gen. Joseph and Hyrum Smith making preparations to go to Carthage on Monday; and on Monday morning the 24th, I left the city of Nauvoo in company with the two Smiths, and some fifteen other persons, parties and witnesses, for Carthage. We were met by a company of about 60 men under Capt. Dunn; that at the request of Gen. Joseph Smith, I advanced and communicated with the commander of the company, and was informed he was on his way to Nauvoo, with an order from Gov. Ford for the State Arms at that place, that it was agreed by myself on behalf of Gen. Smith, that the order for the arms should be endorsed by Gen. Smith; and that he should place himself under the protection of Capt. Dunn, to return to Nauvoo and see the Governor's order promptly obeyed and return with Capt. Dunn to Carthage; Capt. Dunn pledging his word as a military man, that Smith and his friends should be protected, that the order was endorsed by Gen. Smith, which was communicated by Capt. Dunn, to Gov. Ford, with a letter from Gen. Smith, informing the Governor that he would accompany Capt. Dunn to Carthage.
I left the company and proceeded to Carthage; that about 12 o'clock at night of the 24th, Captain Dunn returned with the State Arms from Nauvoo; accompanied by Joseph and Hyrum, and some 13 others, who were charged with a riot in destroying the printing press of the Nauvoo Expositor; that on the morning of the 25th, Joseph and Hyrum Smith, with the others charged, surrendered themselves to the constable, and at the same time that Joseph and Hyrum Smith were arrested on a charge of treason against the State of Illinois; that about 3 o'clock
P. M. on the 25th, the justice proceeded to the examination in relation to the riot and after a good deal of resistance on the part of the prosecution, we were permitted to enter into a recognizance to answer at the next term of the Circuit Court, that we were engaged until dark in making out and giving our recognizances, that in consequence of the rumors as to the excitement in Warsaw and other points, and to allay the fears of the citizens of Nauvoo, I requested Gov. Ford to detail a company to Nauvoo, to protect the city, which request was promptly complied with, and that night Capt. Singleton, with a company of men from McDonough county marched to Nauvoo and took possession of the city and remained until the evening of the 27th when they took up their line of march for Carthage.
After the matter of the riot was disposed of the justice left, without saying anything in relation to the examination for treason, and in about the hour the constable returned with a mittimus, a copy of which accompanies the statement of my colleague, H. T. Reid, a copy of which was demanded and refused; that I requested the officer to wait until I could see Gov. Ford, and I was told he would wait five minutes, and as I went to the door I met Capt. Dunn with some twenty men to guard the prisoners to jail; that I accompanied Gov. Ford to the justice, R. F. Smith, who gave us a cause for issuing the warrant of committal, that the prisoners were not personally safe at the hotel.
I then requested the Governor to have a company detailed to guard the jail, which was done, and they arrived at the jail about the same time as the prisoners. On the morning of the 26th, the Governor visited the jail in company with a friend, at which interview the Governor again pledged himself for their personal safety, and said if the troops went to Nauvoo, as was then contemplated that they should go along to ensure their protection, that after the interview at the jail, the counsel for the prosecution wanted the prisoners brought before the justice for an examination, to which the counsel for the prisoners replied, that they were committed until they were discharged by due course of law, and that we could do nothing until the prisoners were legally before the court, where we would appear and defend; that the justice R. F. Smith gave the constable an order (a copy of which accompanies the statement of H. T. Reid Esq.,) for the jailor [jailer] to deliver up the prisoners, which the jailor [jailer] refused to do;-that the constable then repaired to the jail with a company called the "Carthage Greys," of whom the justice, R. F. Smith, was the captain, but not then in command; and by intimidation and threats, forced the jailor [jailer] to give up the prisoners to the constable, who took them before the justice, R. F. Smith, at the Court House, that on the motion for the counsel for the prisoners, the examination was postponed until the 27th, 12 o'clock, and subpœnas issued for witnesses on the defence [defense]. The two Smiths were then remanded to jail and orders were issued for a consultation of the officers, with the commander-in-chief, and it was determined that the troops should take up a line of march at 8 o'clock, on the morning of the 27th, for Nauvoo, and after the consultation, the justice, who was one of the officers in command, altered the return of the subpœnas until the 29th, and continued the hearing until that time, without consulting either the prisoners or the counsel; that on the morning of the 27th, the order for marching to Nauvoo, was countermanded, and all the troops disbanded but the company under Capt. Singleton at Nauvoo, Capt. Dunn's company of horse, and the Carthage Greys, that the governor determined to visit Nauvoo, escorted by Capt. Dunn's company; and the Carthage Greys were left as a guard for the prisoners at the jail, that after the troops were disbanded, I requested Gov. Ford to detail some men to guard the rout to Warsaw, as I apprehended much danger from that place, but I do not know whether it was done or not, as I left Carthage about 11 o'clock, A. M., and came to Nauvoo; that Gov. Ford and his aide, Col. Buckmaster, escorted by Capt Dunn's company, arrived in Nauvoo about 5 o'clock, P. M., where he addressed the citizens, and promised them protection, and a just execution of the laws, and immediately left the city for Carthage.
JAMES W. WOODS,
Attorney at Law, of Burlington, Iowa.
TO THE PEOPLE OF THE STATE OF ILLINOIS.
I desire to make a brief but true statement of the recent disgraceful affair at Carthage, in regard to the Smiths, so far as circumstances have come to my knowledge. The Smiths, Joseph and Hyrum, have been assassinated in jail, by whom it is not known, but will be ascertained. I pledged myself for their safety, and upon the assurance of that pledge, they surrendered as prisoners. The Mormons surrendered the public arms in their possession, and the Nauvoo Legion submitted to the command of Capt. Singleton, of Brown county, deputed for that purpose by me. All these things were required to satisfy the old citizens of Hancock that the Mormons were peaceably disposed; and
to allay jealousy and excitement in their minds. It appears however that the compliance of the Mormons with every requisition made upon them failed of that purpose. The pledge of security to the Smiths, was not given upon my individual responsibility. Before I gave it, I obtained a pledge of honor by a unanimous vote from the officers and men under my command, to sustain me in performing it. If the assassination of the Smiths was committed by any portion of these, they have added treachery to murder, and have done all they could to disgrace the state, and sully public honor.
On the morning of the day the deed was committed, we had proposed to march the army under my command into Nauvoo. I had however discovered on the evening before, that nothing but utter destruction of the city would satisfy a portion of the troops; and that if we marched into the city, pretexes[ pretexts] would not be wanting for commencing hostilities. The Mormons had done every thing required, or which ought to have been required of them. Offensive operations on our part would have been as unjust and disgraceful, as they would have been impolitic, in the present critical season of the year, the harvest and the crops. For these reasons I decided in a council of officers, to disband the army, except three companies, two of which were reserved as guards for the jail.-With the other company I marched into Nauvoo, to address the inhabitants there, and tell them what they might expect in case they designedly or imprudently provoked a war. I performed this duty as I think plainly and emphatically, and then set out to return to Carthage.-When I had marched about three miles, a messenger informed me of the occurrences at Carthage. I hastened on to that place. The guard it is said did their duty but were overpowered. Many of the inhabitants of Carthage had fled with their families. Others were preparing to go. I apprehended danger in the settlements from the sudden fury and passion of the Mormons and sanctioned their movements in this respect.
General Damming volunteered to remain with a few troops to observe the progress of events, to defend property against small numbers, and with orders to retreat if menaced by a superior force. I decided to proceed immediately to Quincy, to prepare a force sufficient to suppress disorders, in case it should ensue from the foregoing transactions or from any other cause. I have hopes that the Mormons will make no further difficulties. In this I may be mistaken. The other parby [party] may not be satisfied. They may recommend aggression. I am determined to preserve the peace against all breakers of the same, at all hazards. I think present circumstances warrant the precaution, of having competent force at my disposal, in readiness to march at a moments warning. My position at Quincy will enable me to get the earliest intelligence, and to communicate orders with the greatest clarity.
I have decided to issue the following general orders:
Quincy, June, 29, 1844. }
It is ordered that the commandants of regiments in the counties of Adams, Marquette, Pike, Brown, Schuyler, Morgan, Scott, Cass, Fulton and McDonough, and the regiments composing Gen. Stapp's brigade, will call their respective regiments and battalions together immediately upon the receipt of this order, and proceed by voluntary enlistment to enrol [enroll] as many men as can be armed in their respective regiments. They will make arrangements for a campaign of twelve days, and provide themselves with arms, ammunition, and provisions accordingly, and hold themselves in readiness immediately to march upon the receipt of further orders.
The independent companies of riflemen, infantry, cavalry, and artillery in the above named counties, and in the county of Sangamon will hold themselves in readiness in like manner.
Governor, and commander-in-chief.
SIGNS OF PEACE.
Colonel Fellows and Captain Jonas are requested to proceed by the first boat to Nauvoo and ascertain what is the feeling, disposition, and determination of the people there, in reference to the late disturbances, ascertain whether any of them propose in any manner to revenge themselves, whether any threats have been used, and what is proposed generally, to be done by them. They are also requested to return to Warsaw and make similar enquiries [inquiries] there; ascertain how far false rumors have been put afloat for the purpose of raising forces; what is the purpose of the militia assembled, whether any attack is intended on Nauvoo. Ascertain also, whether any persons from Missouri or Iowa intend to take part in the matter, and in my name forbid any such interference, without my request, on pain of being demanded for punishment.
(Signed,) THOMAS FORD.
June 30th, 1844.
Nauvoo, July 1, 1844.
To the City Council of Nauvoo:
Gentlemen:- With this, you will receive a copy of instructions, from Gov. Ford to us.-
You will understand from them, what we desire from you in action on your part,-as the only authorities now known to the country, of such character as will pacify the public mind and satisfy the Governor of your determination to sustain the supremacy of the laws, will, we are sure, be gratifying to him, and as much so to.
At a meeting of the City Council, held in the Council Room, in the city of Nauvoo, on the first day of July, 1844, having received instructions from Gov. Ford, through the agency of A. Jonas Esq. and Col. Fellows, it was unanimously,
Resolved, For the purpose of ensuring peace, and promoting the welfare of the county of Hancock, and surrounding country, that we will rigidly, sustain the laws, and the governor of the state, so long as they, and he, sustain us in all our constitutional rights.
Resolved, secondly, That to carry the foregoing resolutions into complete effect, that inasmuch as the Governor has taken from us the public arms, that we solicit of him to do the same with all the rest of the public arms of the state.
Resolved, thirdly, To further secure the peace, friendship and happiness of the people, and allay the excitement that now exists, we will reprobate private revenge on the assassinators of General Joseph Smith, and General Hyrum Smith, by any of the Latter day Saints. That instead of "an appeal to arms," we appeal to the majesty of the law, and will be content with whatever judgment it shall award; and should the law fail, we leave the matter with God.
Resolved, unanimously, That this City Council, pledge themselves for the city of Nauvoo, that no agressions [aggressions] by the citizens of said city, shall be made on the citizens of the surrounding country, but we invite them, as friends, and neighbors to use the Savior's golden rule, and "do unto others as they would have others do unto them," and we will do likewise.
Resolved, lastly, That we highly approve of the present public pacific course of the Governor to allay excitement, and restore peace among the citizens of the country, and while he does so, and will use his influence to stop all vexatious proceedings in law, until confidence is restored, so that the citizens of Nauvoo, can go to Carthage, or any other place for trial, without exposing themselves to the violence of assassins, we will uphold him, and the law by all honorable means.
GEO. W. HARRIS, pro tem
WILLARD RICHARDS, Recorder.
A. Jonas Esq., and Col. Fellows:
Messrs:-In reply to your communication to the City Council of the city of Nauvoo, on behalf of his Excellency Gov. Ford, I have been instructed by the council to communicate the foregoing resolutions which I solicit for your consideration, and at the same time would inform you that a public meeting of our citizens will take place at the stand east of the temple, at 4 P. M. and solicit your attendance.
your ob't serv't,
At a meeting of a large portion of the citizens of Nauvoo, convened at the stand, in the afternoon of July 1, 1844, after hearing the above instructions, and resolutions of the City Council read, and being addressed by A. Jonas, Esq., and others, the meeting responded to the same with a hearty AMEN! The citizens then passed a vote of thanks to the governor's agents for their kindly interference in favor of peace among the citizens of Hancock county and elsewhere around us. They also passed a vote of thanks to Messrs. Wood and Reid, the counsel for the Gen's. Smiths for their great exertions to have even-handed justice meeted to the Latter Day Saints; and they also passed a vote of thanks to Messrs. Chambers and Field, the former, one of the editors of the "Missouri Republican," and the Latter, one of the editors of the "Reveille" of St. Louis, for their honorable course of coming to Nauvoo for facts, instead of spreading rumors concerning the Latter Day Saints. Mr. Chambers made a very appropriate speech containing inuendoes [innuendoes] for the benefit of our citizens, that appeared as the wise man said, "LIKE APPLES OF GOLD, IN PICTURES OF SILVER." They also passed a vote of thanks to Messrs. Wood and Conyers, Mayor and ex-Mayor of Quincy, for their friendly disposition in establishing peace in this region, and we are happy to say that all appears to be PEACE AT NAUVOO.
Head Quarters, }
Quincy, June 30th, 1844 }
Sir:-It is my present opinion that the Mormons will not commit any further outbreak, and that no further alarm need be apprehended. I regret to learn that the party in Hancock who are in favor of violent measures, have circulated a thousand false rumors of danger, for the purpose
of getting men together, without my authority, hoping that when assembled, they may be ready to join in their violent councils; this is a fraud upon the country and must not be endured.
I am afraid the people of Hancock are fast depriving themselves of the sympathy of their fellow citizens, and of the world. I strictly order and enjoin on you that you permit no attack on Nauvoo, or any of the people, without my authority. I think it would be best to disband your forces, unless it should be necessary to retain them to suppress violence on either side, of this you must be the judge at present.
I direct that you immediately order all persons from Missouri and Iowa to leave the camp and return to their respective houses without delay.
I direct also that you cause all mutinous persons, and all persons who advise tumultuous proceedings to be arrested; and that you take energetic measures to stop the practice of spreading false reports put in circulation to inflame the public mind.
(Signed,) THOMAS FORD,
To Brig. Gen. Damming, Carthage, Ill.
Nauvoo, June 13, 1844.
It is about four years since I embraced the fulness [fullness] of the everlasting gospel. About two years after this I commenced preaching the doctrine in New Germantown, New Jersey, where I baptised [baptized] two. From thence I went to Bangor Maine, where, and in the vicinity of which, with Elder Aaron Blake I labored about four months. We held 147 meetings, disposed of 389 books, baptised [baptized] 15, and organized a branch of the church in the city of Bangor, of eleven members by ordaining one elder, and one priest. In most of the places where we preached and sold our books, the doctrine was entirely new to the people; but when they examined their bibles, they found that what we proclaimed was contained therein, therefore we left many believing. After this we came to Boston, where I left brother Blake. From thence I went to Newark, N. J., where I found five or six members, and one priest, but no meetings had been held by them for a long time. Here I commenced preaching which I continued for some weeks, and by the favor of the Lord, baptised [baptized] eleven, organized them into a branch, by ordaining two elders, one priest, and one teacher. After this I purposed moving to Nauvoo, where I arrived with my family, the first of April, 1844. On our way I labored some time in Beaver Co. Pa., and baptised [baptized] fourteen, left many believing, some of whom have since been baptised [baptized], and are now in Nauvoo.
Yours in the new covenant,
Jefferson Co., N. Y. , April 19th, l844.
As we are about to leave this place for Halifax, Nova Scotia, we deem it proper to give you a brief account of our mission thus far:
We have labored in this part of the vineyard, seven months, and have baptised [baptized], 109; we with thankful hearts can truly say, the Lord has blessed us with his spirit, and also, those whom, through our instrumentality he has brought us to an understanding and knowledge of the truth: a great number have obtained the Heavenly gifts, such as, tongues, interpretation, prophesy, and visions; also, many of the sick have been healed by the laying on of hands, which strengthens the faith of the saints, and increases the hatred of the wicked, with the hireling priests at their head.
The brethren here, have full faith and confidence, in Joseph Smith, as a prophet, also as a suitable candidate for the presidency of the United States, and will support him heart and hand.
The desire of our hearts, and prayer to God, is, for the welfare of Zion.
Yours in the covenant,
JESSE W. CROSBY.
"An old Indian having attended a Mormon meeting and heard one of its advocates extol Mormonism, he was requested to give his opinion of its merits. He began by detailing the great good that had been done by the bible, God being the author; and, said he, the devil seeing this, determined to have a bible of his own also; but on examination, he felt ashamed of his work, and hid it in Ontario county, N. Y.-but Joe Smith dug it up, and published it as a revelation from God."
INDIAN VS METHODIST.-AN old Methodist priest, after hearing a Mormon preacher explain a great many passages of scripture, beyond the power of contradiction, very sagely remarked to an old Indian, that the bible, with God for its author, in the hands of missionaries had done much good, and that the devil had written a counterfeit bible, but being ashamed of it, hid it in Ontario County N. Y. and Joe Smith dug it up and published it as a revelation. The old Indian drily [dryly] answered, "Missionary
cross sea and land to make one proselyte, and make him two fold more the child of hell than he was before," "while the good book say, truth shall spring out of the earth."-Ed.
TIMES AND SEASONS.
CITY OF NAUVOO
MONDAY, JULY 1, 1844
TO THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS.
Deeply impressed for the welfare of all, while mourning the loss of President Joseph Smith, our "prophet and seer," and president Hyrum Smith, our "patriarch," we have considered the occasion demanded of us a word of consolation. As has been the case in all ages, these saints have fallen martyrs for the truth's sake, and their escape from the persecution of a wicked world, in blood to bliss, only strengthens our faith, and confirms our religion, as pure and holy. We, therefore, as servants of the Most High God, having the Bible, Book of Mormon and the Book of Doctrine and Covenants; together with thousands of witnesses, for Jesus Christ; would beseech the Latter Day Saints in Nauvoo, and elsewhere, to hold fast to the faith that has been delivered to them in the last days, abiding in the perfect law of the gospel. Be peaceable, quiet citizens, doing the works of righteousness, and as soon as the, 'Twelve" and other authorities can assemble, or a majority of them, the onward course to the great gathering of Israel, and the final consummation of the dispensation of the fulness [fullness] of times, will be pointed out; so that the murder of Abel; the assassination of hundreds; the righteous blood of all the holy prophets, from Abel to Joseph, sprinkled with the best blood of the Son of God, as the crimson sign of remission, only carries conviction to the business and bosoms of all flesh, that the cause is just and will continue; and blessed are they that hold out faithful to the end, while apostates, consenting to the shedding of innocent blood, have no forgiveness in this world nor in the world to come. Union is peace, brethren, and eternal life is the greatest gift of God. Rejoice then, that you are found worthy to live and die for God: men may kill the body, but they cannot hurt the soul, and wisdom shall be justified of her children: Amen.
W. W. PHELPS,
July 1, 1844.
On account of the late disturbances and troubles, and the assassination of Joseph and Hyrum Smith, this number of the "Times and Season" has been delayed: and to give our readers some of the pafticulars [particulars] of these awful tragedies, we have thought it advisable to pass the June number, and date this July: Thus much for explanation. There will be no loss of numbers, only extension of time.
We have been informed that some traveling elders have taught that the gathering has ceased. Those gentlemen are laboring under a mistake, as no such doctrine has been taught in this city.
A branch of the church, consisting of nine members, was organized on the 27th of April, in Lewiston, Niagara co. N. Y. by elder Walter N. Hurd. Elder John Small, was chosen president of the branch, and James C. Sly, Clerk.
Elder William K. Parshall, is requested to return home immediately, as his wife is sick, and his family needs his assistance.
The following correspondence is given to the public, to show the humanity of mankind, when 'clothed with a little brief authority;' and the heavenly kindness of a woman under the most trying circumstances; and her never ceasing application of the mental powers, to ameliorate the condition of suffering innocence.
There is one portion of the governor's letter relative to the habeas corpus, that merits censure. To suppose that the charter did not contain the power of the writ of habeas corpus over any body, and all lands, where any ordinance existed to that effect, and the charter granted the power to make all laws that might be necessary for the benefit and convenience' of said city, and not repugnant to the constitution of the State and United States, is certainly an ebulition [ebullition] of thought in governor Carlin, that will cost him more REPENTANCE than his office ever yielded him pleasure.
LETTERS OF MRS. EMMA SMITH TO GOVERNOR THOMAS CARLIN, AND HIS ANSWERS.
Nauvoo, August 16, 1842.
To His Excellency, Thomas Carlin:
Sir:-It is with feelings of no ordinary cast, that I have retired after the business of the day and evening too, to address your honor. I am at a loss how to commence; my mind is crowded with subjects too numerous to be contained in
one letter. I find myself almost destitute of that confidence necessary to address a person holding the authority of your dignified and respectable office; and I would now offer, as an excuse for intruding upon your time and attention, the justice of my cause. Was my cause the interest of an individual, or a number of individuals, then perhaps I might be justified in remaining silent. But it is not! Nor is it the pecuniary interest of a whole community alone, that prompts me again to appeal to your excellency. But, dear sir, it is for the peace and safety of hundreds, I may safely say, of this community, who are not guilty of any offence [offense] against the laws of the country; and also the life of my husband; who had not committed any crime whatever; neither has he transgressed any of the laws, or any part of the constitution of the United States; neither has he at any time, infringed upon the rights of any man, or of any class of men, or community of any description. Need I say he is not guilty of the crime alleged against him by Governor Boggs? Indeed it does seem superfluous for me, or any of his friends in this place, to testify to his innocence of that crime, when so many of the citizens of your place, and of many other places in this state, as well as in the territory; do know positively that the statement of Governor Boggs is without the least shadow of truth; and we do know, and so do many others, that the prosecution against him, has been conducted in an illegal manner; and every act demonstrates the fact, that all the design of the prosecution, is to throw him in the power of his enemies without the least ray of hope that he would ever be allowed to obtain a fair trial, and that he would be inhumanly [inhumanely] and ferociously murdered. No person having a knowledge of the existing circumstances, has one remaining doubt; and your honor will recollect that you said to me, that you would not advise Mr. Smith, ever to trust himself in Missouri. And, dear sir, you cannot for one moment indulge one unfriendly feeling toward him, if he abides by your council. Then sir, why is it that he should be thus cruelly pursued?-Why not give him the privilege of the laws of this state. When I reflect upon the many cruel and illegal operations Lilburn W. Boggs, and the consequent sufferings of myself and family, and the incalculable losses and sufferings of many hundreds who survived, and the many precious lives that were lost, all the effect of unjust prejudice and misguided ambition, produced by misrepresentation and calumny; my bosom heaves with unutterable anguish. And who that is as well acquainted with the facts as the people of the city of Quincy would censure me, if I should say that my heart burned with just indignation towards our calumniators, as well as the perpetrators of those horrid crimes? But how happy would I now be to pour out my full heart in gratitude to Governor Boggs, if he had rose up with the dignity and authority of the chief executive of the state and put down every illegal transaction and protected the peaceable citizens and enterprizing [enterprising] emigrants from the violence of plundering out-laws, who have ever been a disgrace to the state, and always will, so long as they go unpunished. Yes, I say, how happy would I be to render him not only the gratitude of my own heart, but the cheering effusions of the joyous souls of the fathers and mothers, of brothers and sisters, widows and orphans, whom he might have saved by such a course, from now drooping under the withering hand of adversity, brought upon them by the persecutions of wicked and corrupt men.-And now may I entreat your excellency to lighten the hand of oppression and persecution, which is laid upon me and my family, which materially affect the peace and welfare of this whole community; for, let me assure you that there are many whole families that are entirely dependent upon the prosecution and success of Mr. Smith's temporal business for their support. And if he is prevented from attending to the common avocations of life, who will employ those innocent and industrious poor people, and provide for their wants. But, my dear sir, when I recollect the interesting interview, I and my friends had with you when at your place, and the warm assurances you gave us of your friendship and legal protection from every encroachment upon our legal rights, as loyal citizens, as we always have been, still are, and are determined always to be a law-abiding people; and I still assure myself that when you are fully acquainted with illegal proceedings practiced against us in the suit of Governor Boggs, you will recall those writs which have been issued against Mr. Smith and Rockwell, as you must be aware that Mr. Smith was not in Missouri, and of course he could not have left there: with many other considerations which if duly considered will justify Mr. Smith in the course he has taken. And now I appeal to your excellency as I would unto a father, who is not only able but willing to shield me and mine from every unjust prosecution. I appeal to your sympathies and beg you to spare me and my helpless children; I beg you to spare my innocent children the heart rending sorrow of again seeing their father unjustly dragged to prison or to death; I appeal to your affections as a son, and beg you
to spare our aged mother, the only surviving parent we have left, the unsupportable [insupportable] affliction of seeing her son, who she knows to be innocent of the crimes laid to his charge, thrown again into the hands of his enemies, who have so long sought for his life; in whose life and prosperity she only looks for the few remaining comforts she can enjoy. I entreat of your excellency to spare us these afflictions, and many sufferings which cannot be uttered; and secure to yourself the pleasure of doing good, and vastly increasing human happiness; secure to yourself the benediction of the aged, and the gratitude of the young, and the blessing and veneration of the rising generation.
Respectfully, your most obedient,
P. S. Sir, I hope you will favor me with an answer. E. S.
Quincy, August, 24, 1842.
Dear Madam:-Your letter of this date has just been handed to me, which recalls to my mind your great solicitude in reference to the security and welfare of your husband; but I need not say, it recalls to my mind the subject matter of your solicitude, because that subject, except at short intervals, has not, been absent from my mind. I can scarcely furnish you a justifiable apology for delaying a reply so long, but be assured Madam, it is not for want of regard for you, and your peace of mind, that I have postponed; but a crowd of public business, which has required my whole time, together with very ill health since the receipt of your former letter, and it would be most gratifying to my feelings now, if due regard to public duty would enable me to furnish such a reply as would fully conform to your wishes-but my duty in reference to all demands made by executives of other states, for the surrender of fugitives from justice, appears to be plain and simple; consisting entirely of an executive, and not a judicial character, leaving me no discretion, or adjudication, as to the innocence or guilt of persons so demanded and charged with crime, and it is plain that the constitution and laws of the United States in reference to fugitives from justice, presumes and contemplates, that the laws of the several states, are ample to do justice to all who may be charged with crime, and the statute of this state simply requires, "That whenever the executive of any other state, or of any territory of the United States, shall demand of the executive of this state, any person as a fugitive from justice, and shall have complied with the requisitions of the act of Congress in that case made and provided, it shall be the duty of the executive of this state to issue his warrant under the seal of this state, to apprehend the said fugitive" &c. With the Constitution and laws before me, my duty is so plainly marked out, that it would be impossible to err, so long as I abstain from usurping the rights of adjudication. I am aware of the strict enforcement of the laws by an executive, or a rigid administration of them by a judicial tribunal, often results in the hardship to those involved, and to you it doubtless appears to be peculiarly so, in the present case of Mr. Smith. if however, as you allege, he is innocent of any crime, and the proceedings are illegal, it would be the more easy for him to procure an acquital [acquittal]. In reference to the remark you attributed to me that "I would not advise Mr. Smith ever to trust himself in Missouri," I can only say as I have heretofore said on many occasions, that I have never entertained a doubt that if Mr. Smith should submit to the laws of Missouri, that the utmost latitude would be allowed him in his defence [defense], and the fullest justice done him, and I only intended to refer (in the remark made to you when at my house,) to the rabble, and not to the laws of Missouri.
Very much has been attributed to me in reference to General Smith, that is without foundation in truth, a knowledge of which act enables me to receive what I hear as coming from him, with great allowance.
In conclusion, dear madam, I feel conscious when I assure you that all my official acts in reference to Mr. Smith, have been prompted by a strict sense of duty, and in discharge of that duty have studiously pursued that course, least likely to produce excitement and alarm, both in your community and in the surrounding public, and I will here add that I much regret being called upon to act at all, and that I hope he will submit to the laws, and that justice will ultimately be done.
Be pleased to present my best respects to Mrs. Smith and Miss Snow, your companions while at Quincy, and accept of my highest regard for yourself, and best wishes for your prosperity and happiness.
Your obedient servant,
Mrs. Emma Smith.
To the foregoing letter, Mrs. Smith sent the following by way of answer.
Nauvoo, August 27, 1842.
To His Excellency, Thomas Carlin:-
Dear Sir-I received your letter of the 24th in due time, and now tender you the sincere gratitude of my heart, for the interest which you have felt in my peace and prosperity; and I assure you, that every act of kindness, and every word of consolation have been thankfully received and duly appreciated by me and by
my friends also; and I much regret your ill health, and still hope you will avail yourself of sufficient time to investigate our cause, and thoroughly acquaint yourself of the illegality of the prosecution instituted against Mr. Smith; and I now certify that Mr. Smith, myself, nor any other person, to my knowledge, has ever, nor do we at this time wish your honor to swerve from your duty, as an executive, in the least. But we do believe that it is your duty to allow us in this place, the privilege and advantage guaranteed to us by the laws of this state and the United States; this is all we ask, and if we ever enjoy these rights unmolested, it will be the ultimate end of all our ambition; and the result will be peace and prosperity to us and all the surrounding country, as far as we are concerned. Nor do we wish to take any undue advantage of any intricate technicalities of law; but honorably and honestly fulfil [fulfill] all of the laws of this state, and of the United States, and then, in turn, to have the benefits resulting from an honorable execution of those laws.-And now your excellency will not consider me assuming any unbecoming dictation, but recollect that the many persecutions that has been got up unjustly, and persued [pursued] illegally, obliged me to know something for myself;-therefore, let me refer you to the eleventh section of our City Charter; "All power is granted to the City Council, to make, ordain, establish and execute all ordinances not repugnant to the Constitution of the state, or of the United States, or, as they may deem necessary for the peace and safety of said city." Accordingly, there is an ordinance passed by the City Council to prevent our people from being carried off by an illegal process; and if any one thinks he is illegally seized, under this ordinance he claims the right of habeas corpus, under section seventeenth of the charter, to try the question of identity, which is strictly constitutional. These powers are positively granted in the charter over your own signature;-and now, dear sir, where can be the justice in depriving us of these rights which are lawfully ours, as well as they are the lawful rights of the inhabitants of Qnincy [Quincy] and Springfield and many other places where the citizens enjoy the advantages of such ordinances, without controversy. With these considerations, and many more which might be adduced, give us the privilege and we will show your Honor, and the world besides, if required, that the Mr. Smith referred to in the demand from Missouri, is not the Joseph Smith of Nauvoo, for he was not in Missouri; neither is he described on the writ, according as the law requires; and that he is not a fugitive from justice. Why then be so strenuous to have my husband taken, when you know him to be innocent of an attempt on the life of Governor Boggs, and that he is not a fugitive from justice? It is not the fear of a just decision against him, that deters Mr. Smith from going into Missouri, but it is an actual knowledge that it was never intended that he should have a fair trial. And now, sir, if you were not aware of the fact, I will acquaint you with it now, that there were lying in wait, between this place and Warsaw, twelve men from Jackson county, Missouri, for the purpose of taking Mr. Smith out of the hands of the officers who might have him in custody; also those two men from Missouri, that were here with Messrs. King and Pitman, divulged the most illegal and infernal calculations concerning taking Mr. Smith into Missouri, the evidence of which, we can furnish you at any time, if required. And, dear sir, our good feelings revolt at the suggestion, that your excellency is acquainted with the unlawful measures taken by those engaged in the prosecution; measures, which if justice was done to others, as it would be done to us, were we to commit as great errors in our proceedings, would subject all in the prosecution to the penalty of the law, and that without mercy. I admit sir, that it is next to an impossibility, for any one to know the extent of the tyranny, treachery, and knavery of a great portion of the leading characters of the state of Missouri; yet it only requires a knowledge of the Constitution of the United States, and the statute of the state of Missouri, and a knowledge of the outrages committed by some of the inhabitants of that state upon the people called Mormons, and that passed unpunished by the administrators of the law; to know that there is not the least confidence to be placed in any of those men that were engaged in those disgraceful transactions. If the law was made for the lawless and disobedient, and punishment instituted for the guilty, why not execute the law upon those that have transgressed it and punish those who have committed crime, and grant incouragement [encouragement] to the innocent, and liberality to the industrious and peaceable. And now I intreat [entreat] your honor to bear with me patiently, while I ask, what good can accrue to this state or the United States, or any part of this state, or the United States, or to yourself, or any other individual, to continue this prosecution upon this people, or upon Mr. Smith; a prosecution that you are well aware, is entirely without any fouudation [foundation] or excuse.
With sentiments of due respect,
I am your most obedient servant,
To His Excellency, Thomas Carlin, Governor of the State of Illinois.
P. S. Sir-You will please tender my best respects and considerations to your wife and family, and tell them I greatly desire to see them, with yourself, in our place as soon as can be convenient. E. S.
Quincy, September 7th, 1842.
Dear Madam:-Your letter of the 27th ult. was delivered to me on Monday the 5th inst.; and I have not had time to answer it until this evening, and I now appropriate a few moments to the difficult task of replying satisfactorily to its contents, every word which evinces your devotedness to the interest of your husband and pouring forth the effusions of a heart wholly his. I am thus admonished that I can say nothing that does not subserve his interest that can possibly be satisfactory to you; and before I proceed I will here repeat, my great regret that I have been officially called upon to act in reference to Mr. Smith, in any manner whatever. I doubt not, your candor, when you say, you do not desire me, "to swerve from my duty as executive in the least," and all you ask is to be allowed the privileges, and advantages guaranteed to you by the constitution and laws. You then refer me to the section of the charter of the city of Nauvoo, and claim for Mr. Smith, the right to be heard by the municipal court of said city, under a writ of Habeas Corpus emmanating [emanating] from said court; when he was held in custody under an executive warrant. The charter of the city of Nauvoo, is not before me at this time, but I have examined both the charters, and city ordinances upon the subject, and must express my surprise at the extraordinary assumption of power by the board of Aldermen as contained in said ordinance; from my recollection of the charter it authorises [authorizes] the Municipal Court to issue writs of Habeas Corpus in all cases of imprisonment, or custody, arising from the authority of the ordinances of said city, but that the power was granted, or intended to be granted, to release persons held in custody under the authority of writs issued by the courts, or the executive of the State, is most absurd and ridiculous; and an attempt to exercise it, is a gross usurpation of power, that cannot be tolerated. I have always expected, and desired, that Mr. Smith, should avail himself of the benefits of the laws of this State, and of course he would be entitled to a writ of Habeas Corpus issued by the Circuit Court, and entitled to a hearing before said court, but to claim the right of a hearing before the Municipal Court of the city of Nauvoo, is a burlesque upon the charter itself. As to Mr. Smith's guilt, or innocence of the crime charged upon him, it is not my province to investigate or determine, nor has any court on earth jurisdiction of his case, but the courts of the state of Missouri; and as stated in my former letter, the constitution and laws presume that each and every State in this Union, are competent to do justice to all who may be charged with crime committed in said State.
Your information of twelve men from Jackson County Mo. were lying in wait for Mr. Smith, between Nauvoo and Warsaw, for the purpose of taking him out of the hands of the officers who might have him in custody, and murdering him, is like many other marvellous [marvelous] stories that you hear in reference to him not one word of it true, but I doubt not that your mind has been continually harrowed up with fears produced by that, and other equally groundless stories, that: that statement is true is next to impossible, and your own judgment if you will but give it scope will soon set you right in reference to it, if any of the citizens of Jackson had designed to murder Mr. Smith, they would not have been so simple as to perpetrate the crime in Illinois, when he would necessarily be required to pass through the interior of the state of Missouri, where the opportunity would have been so much better, and the prospect of escape much more certain; that it is like the statement made by Mr. Smith's first messenger after his arrest to Messrs. Ralston and Warren, saying, that I had stated, that Mr. Smith should be surrendered to the authorities of Mo. dead or alive-not one word of which was true. I have not the most distant thought that any person in Illinois, or Missouri, contemplated personal injury to Mr. Smith, by violence in any manner whatever. I regret that I did not see Gen. Law, when last at Quincy, a previous engagement upon business that could not be dispensed with prevented and occupied my attention that evening until dark, at half past one o'clock p.m., I came home and learned that the Gen. had called to see me, but the hurry of business only allowed me about ten minutes time to eat my dinner, and presnming [presuming] that if he had business of any importance that he would remain in the city until I returned. It may be proper here in order to afford you all the satisfaction in my power, to reply to a question propounded to my wife by Gen. Law, in reference to Mr. Smith, viz. whether any additional demand had been made upon me by the governor of Mo. for the surrender of Mr. Smith, I answer none, no charge whatever has been made in the proceedings.
Mr. Smith is held accountable only, for the charge as set forth in my warrant under which he was arrested. In conclusion you presume upon my own knowledge of Mr. Smith's innocence, and ask why the prosecution is continued against him. Here I must again appeal to your own good judgment, and you will be compelled to answer that it is impossible I could know him to be innocent; and as before stated, it is not my province to investigate as to his guilt or innocence, but could I know him to be innocent, and were he my own son, I would never-the-less (and the more readily,) surrender him to the legally constituted authority to pronounce him innocent.
With sentiments of high regard,
Your Obednt. Servant
Mrs. Emma Smith.
Minutes of the Mississippi and Alabama conferences, held in Cypry, Tuscaloosa county, Ala., on the 12th of April 1844.
Conference was organized by calling Elder Benjamin L. Clapp to the chair, and appointing elder John Brown clerk.
The president then arose and stated the object of the meeting and gave some valuable instruction to the saints.
Conference then adjourned until to-morrow 11 o'clock.
Saturday 13th, conference met pursuant to adjournment, a hymn was sung, and the throne of grace was addressed by the president, after which the following branches were represented.
Cypry branch, represented by George W. Steward, consisting of 50 members, two elders, one priest, one teacher and one deacon, all in good standing.
Boguechetto branch, represented by L. J. Utley, consisting of 22 members, two elders one priest, one teacher and one deacon, all in good standing.
Pleasant Springs branch, represented by Charles M. Johnson, consisting of 23 members, two elders, one priest and one teacher, all in good standing.
Running Tiger branch, represented by James M. Flake, consisting of 15 members, one elder, all in good standing.
Running Water branch, represented by B. L. Clapp, consisting of 29 members, two elders, all in good standing.
Flat Wood branch, represented by B. L. Clapp, consisting of 36 members, two elders and one priest, all in good standing.
Five Mile branch, represented by Juththan Avrett, consisting of 17 members, one elder, one priest and one teacher, all in good standing.
Resolved, That Brother Benjamin Mathews, James Ritchie, Juththan Avrett and Augustus Skinner, be ordained elders, and brother Rodolphus Keeth, be ordained a priest; after which they were ordained under the hands of elders Clapp and Johnson.
The president then arose and gave some valuable instruction to the young elders, urging them to stick close to the first principles of the gospel; also showing the inconsistancy [inconsistency] of young elders trying to explain John's seven headed and ten horned monster, and such like things that occur in the scriptures; he also gave instructions on the use of the gifts of the spirit.
Resolved, that this conference withdraw the hand of fellowship from elder Amos Hodges, for refusing to attend the conference to answer to a charge prefered [preferred] against him.
Official members present, seven elders two priests, three teachers and two deacons.
Conference adjourned for fifteen minutes.
Conference assembled again; prayer by elder Johnson.
The President then addressed the conference on the subject of the gathering, and building the Temple and Nauvoo House, showing the southern brethren the pains and labors of the brethren in Nauvoo to build those houses; although many of them have been robbed two or three times. He urged the necessity of the whole body being equally engaged in keeping the commandments of God, even in building an house unto the Lord, in fulfilment [fulfillment] of the prophets who have spoke of the great work of God in the last days. He also urged the southern brethren to take the Nauvoo papers, that they might be able to successfully meet the slang that is hurled forth against the truth.
Resolved, That a copy of these minutes be transmitted to the editor of the Times and Seasons for publication.
Conference then adjourned till the 12th day of July next, to be held in Noxby county, Mississippi.
BENJAMIN L. CLAPP, Prest.
John Brown, Clerk.
Minutes of a general conference of the elders of the church of Jesus Christ of Latter Day Saints. held in Dresden, Weakly county, Tennessee, May 25th, 1844.
Conference met in the court house, according to previous appointment. Elder A. O. Smoot, was appointed president, and D. P. Rainey secretary. A hymn was sung, after which the president proceeded to open the meeting by singing and prayer; and then in a
brief manner stated the object of the meeting; and gave general instructions to the elders present.
He then presented General Joseph Smith of Nauvoo, Illinois, as a suitable candidate for the presidency of the United States; presenting the General's "views on the powers and policy of the government," with his claims on this government, for the consideration of all present; and then the conference adjourned.
About this time, a mob of some two hundred persons, assembled at the door, and rushed into the house amongst men, women, and children, led on by a certain lawyer of the baser sort, by the name of M. D. Caldwell, Doct. Bell, Constable Wilbanks, Sheriff Ridgeway, Esq. Latham, A. Gardner and others, honorable peace officers, sworn to support the constitution. The Constitution guaranteeing, the privilege to all men, of worshipping Almighty God according to the dictates of their own conscience. Also, the privilege of citizens to offer for president, &c. &c. But our firmness caused them to recede. However the Sheriff in a trembling voice, said the people were opposed to our holding meetings there, and this was a fair sample of their decision.
But soon we were invited to the houses of some of the most honorable men in the place. Accordingly we met and held a meeting for the afternoon, at the house of Mr. John E. Ray.-H. D. Buys spoke at length on the literal fulfilment [fulfillment] of prophesy. D. P. Rainey followed with a discourse on the first principles of the gospel, followed by Elder W. L. Cutler. Adjourned.
26th. Met at Brother William's camp. D. P. Rainey opened the meeting by singing and prayer. Elder Wm. L. Cutler delivered a lecture on the literal fulfilment [fulfillment] of prophesy.-Bro's. A. Young, J. Mount, and S. Heath, arrived about 12 o'clock. Conference adjourned. Met at 3 o'clock. Elder A. O. Smoot delivered an interesting discourse on the resurrection. Conference adjourned till 7 o'clock. Met pursuant to adjournment; when by request, Elder A. Young delivered a lecture on the party politics, as taught by aspiring demagogues of the present day; those of the dominant parties now before the people of the United States. He then presented the "views of General Smith on the powers and policy of the government," to the conference and contrasted them: concluding his remarks with an animated eulogium [eulogy] on Gen. Jackson's administration and held him to view as the standard of democracy. Conference adjourned. 27th.-Conference met. Bro. William Camp was appointed elector for this district. After which it was decided that this conference have three thousand copies of Gen. Smith's views printed for immediate distribution. Fourteen elders present. Conference adjourned.
A. O. SMOOT, Chairman.
D. P. Rainey, Secretary.
Minutes of a conference of the Church of Jesus Christ of Latter Day Saints, held at Preston, Halifax Co. Province of Nova Scotia, according to previous appointment, April 5th, 1844.
Conference met at 10 o'clock; and after singing and prayer, Elder Robert Dickson presented before the meeting the object of the conference.
Conference was then organized by appointing Elder R. Dickson, Chairman, and Elder Edward Cooke Clerk.
The right hand of fellowship was withdrawn from Samuel Crow, Tobias J. Miller, Sarah Miller, George W. Miller, and George G. Dunbrack.
Conference adjourned at 6 o'clock, to meet again at 7 P. M.
At 7 o'clock, conference re-assembled.
Resolved, That Bro. Robert Gordon be ordained to the office of deacon of this branch.
Bro. Gordon was then accordingly ordained under the hands of Elders Dickson, Cooke and Skerry.
Representation of branches.-The Preston branch represented by Elder Cooke, consists of 11 members, 2 of them doubtful, 1 elder, 1 priest, 1 teacher, and 1 deacon; 3 having been cut off as above.
The Halifax branch represented by Elder Dickson, consists of 14 members, 2 of them doubtful, 2 elders, and 1 deacon; 2 cut off as above.
4 members at Onslow, Colchester co., N. S., represented by elder Dickson.
6 members at Popes Harbor and 1 elder; also 2 members at Sheet Harbor, represented by Elder Dickson, all baptized by him.
Resolved, That the saints uphold the first presidency by their prayers.
Resolved, That a copy of the minutes of this conference, be transmitted to Nauvoo, for publication in the Times and Seasons.
The sacrament of the Lord's supper was then administered.
2 infants were blessed under the hands of Elder Dickson.
The minutes of the conference were read and accepted. The conference adjourned sine die.
R. DICKSON, Pres't
Edward Cooke, Clerk.
POETRY For the Times and Seasons.
THE ASSASSINATION OF GEN'LS JOSEPH SMITH AND HYRUM SMITH, FIRST PRESIDENTS OF THE CHURCH OF LATTER DAY SAINTS; WHO WERE MASSACRED BY A MOB, IN CARTHAGE, HANCOCK COUNTY, ILL, ON THE 27TH JUNE, 1844; BY MISS ELIZA R. SNOW.
"And when he had opened the fifth seal, I saw under the altar, the souls of them that were slain for the word of God, and for the testimony which they held.
And they cried with a loud voice, saying, How long, O Lord, holy and true, dost thou not judge and avenge our blood on them that dwell on the earth?
And white robes were given unto every one of them; and it was said unto them, that they should rest yet for a little season, until their fellow servants also, and their brethren, that should be killed as they were, should be fulfilled."-Rev. 6:-9,10,11.
Ye heavens attend! Let all the earth give ear! Before on earth, at once, have never stood
Let Gods and seraphs, men and angels hear- Since the creation-men whom God ordained
The worlds on high-the universe shall know To publish truth where error long had reigned;
What awful scenes are acted here below! Of whom the world, itself unworthy prov'd:
Had nature's self a heart, her heart would bleed; It KNEW THEM NOT; but men with hatred mov'd
For never, since the Son of God was slain And with infernal spirits have combined
Has blood so noble, flow'd from human vein Against the best, the noblest of mankind!
As that which now, on God for vengeance calls
From "freedom ground"-from Carthage prison walls! Oh persecution! shall thy purple hand
Spread utter destruction through the land?
Oh! Illinois! thy soil has drank the blood Shall freedom's banner be no more unfurled?
Of prophets martyr'd for the truth of God. Has peace indeed, been taken from the world?
Once lov'd America! what can atone Thou God of Jacob, in this trying hour
For the pure blood of innocence, thou'st sown? Help us to trust in thy almighty pow'r;
Were all thy streams in teary torrents shed Support thy Saints beneath this awful stroke-
To mourn the fate of those illustrious dead; Make bare thine arm to break oppression's yoke.
How vain the tribute, for the noblest worth We mourn thy Prophet, from whose lips have flow'd
That grac'd thy surface, O degraded Earth! The words of life, thy spirit has bestow'd-
A depth of thought, no human art could reach
Oh wretched murderers! fierce for human blood! From time to time, roll'd in sublimest speech,
You've slain the prophets of the living God, From the celestial fountain, through his mind,
Who've born oppression from their early youth. To purify and elevate mankind:
To plant on earth, the principles of truth. The rich intelligence by him brought forth,
Is like the sun-beam, spreading o'er the earth.
Shades of our patriotic fathers! Can it be,
Beneath your blood-stained flag of liberty: Now Zion mourns-she mourns an earthly head:
The firm supporters of our country's cause, The Prophet and the Patriarch are dead!
Are butchered while submissive to her laws? The blackest deed that men or devils know
Yes, blameless men, defam'd by hellish lies Since Calv'ry's scene, has laid the brothers low!
Have thus been offer'd as a sacrifice One in their life, and one in death-they prov'd
T'appease the ragings of a brutish clan, How strong their friendship-how they truly lov'd:
That has defied the laws of God and man! True to their mission, until death, they stood,
'Twas not for crime or guilt of theirs, they fell- Then seal'd their testimony with their blood.
Against the laws they never did rebel. All hearts with sorrow bleed, and every eye
True to their country, yet her plighted faith Is bathed in tears-each bosom heaves a sigh-
Has proved an instrument of cruel death! Hart [heart] broken widows, agonizing groans
Are mingled with the helpless orphans moans!
Where are thy far-fam'd laws-Columbia! where
Thy boasted freedom-thy protecting care? Ye Saints! be still, and know that God is just-
Is this a land of rights? Stern-FACTS shall say With steadfast purpose in his promised trust.
If legal justice here maintains its sway, Girded with sackcloth, own his mighty hand,
The official pow'rs of State are sheer pretence [pretense] And wait his judgments on this guilty land!
When they're exerted in the Saints defence [defense]. The noble martyrs now have gone to move
The cause of Zion in the courts above.
Great men have fall'n and mighty men have died-
Nations have mourn'd their favorites and their pride;
But TWO, so wise, so virtuous, great and good, Nauvoo, July 1, 1844.
THE TIMES AND SEASONS,
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