Footnotes:
[1]. The scripture alluded to in the text is as follows:—Moses pleaded to be excused from the appointment to deliver Israel on the plea that he was not eloquent; whereupon the Lord said: "Is not Aaron the Levite thy brother? I know that he can speak well. And also, behold, he cometh forth to meet thee; and when he seeth thee, he will be glad in his heart. And thou shalt speak unto him, and put in his mouth; * * * And he shall be the spokesman unto the people: * * * * he shall be to thee instead of a mouth, and thou shalt be to him instead of God" (Exodus iv:14-16.)
Somewhat later this passage occurs: "And the Lord said unto Moses, See, I have made thee a god to Pharaoh; and Aaron thy brother shall be thy prophet" (Exodus vii:1.)
CHAPTER XV.
DIFFICULTIES WITH THE HIGBEES AND FOSTERS—CONFERENCES APPOINTED BY THE TWELVE THROUGHOUT THE UNITED STATES—INSTRUCTIONS TO REUBEN HEDLOCK, PRESIDENT OF THE BRITISH MISSION—PREPARATIONS FOR ENLARGEMENT OF THE WORK—FRANCIS M. HIGBEE'S SUIT AGAINST PRESIDENT SMITH—THE PROPHET RELEASED.
Wednesday, April 10, 1844.—The Twelve were in council arranging a plan for appointing conferences.
Thursday, 11.—In general council in Masonic Hall, morning and afternoon. Had a very interesting time. The Spirit of the Lord was with us, and we closed the council with loud shouts of Hosanna!
Friday, 12.—The Twelve met in council. Rode out with Brothers Parker and Clayton to look at some land.
A conference was held at Cypry, Tuscaloosa County, Alabama. Elder Benjamin L. Clapp, president, and John Brown, clerk. Seven branches were represented, consisting of 192 members, 12 Elders, 5 Priests, 4 Teachers, and 2 Deacons, all in good standing.
Saturday, 13.—At 10 a.m. met in City Council. George P. Styles was appointed City Attorney. I advise that the council take such a course as would protect the innocent: that in many cases the attorney would get his pay off the individual employing him; that the appointment would be a valuable consideration, and for one year a salary of $100 would be sufficient; perhaps $160 the next year, &c., increasing as the city increases; and if $100 would not satisfy, we had better have no attorney. "I would rather give my services as counselor, &c., than levy a tax the people are not able to pay; and that every man ought to be willing to help prop the city by bearing a share of the burden till the city is able to pay a higher salary. My opinion is that the officers of the city should be satisfied with a very small compensation for their services. I have never received twenty-five dollars for my services; [as counselor] but the peace I have enjoyed in the rights and liberties of the city has been ample compensation."
I suggested the propriety of inserting a clause in the ordinance to be made relating to the City Attorney, authorizing him to claim fees of parties in certain cases, and the small salary satisfy the attorney in cases where he can get no fees from his client. "I would rather be docked $100 in my salary than have the $200 given to the City Attorney by the city."
I also proposed that the Council take into consideration the payment of the police; also proposed that a public meeting be called in each ward to see if they will not, then the council will take the case into consideration.
At 1 p.m., the Municipal Court sat in the assembly room, where I asked Dr. R. D. Foster if he bore my expenses to Washington, or any part thereof.
Foster replied he did not.
I stated that Dr. Goforth had said that he was taken in a secret council when Foster told him he had paid my expenses.
Dr. Foster replied he never had a secret interview with Dr. Goforth, and gave his version of the meeting.
I then asked him—"Have I ever misused you any way?"
Foster said—"I do not feel at liberty to answer this question, under existing circumstances?"
I again asked him—"Did I ever misuse you?"
He again replied—"I do not feel at liberty to answer under existing circumstances."
I then asked—"Did I ever wrong you in deal, or personally misuse you in any shape?"
Foster said, "I do not feel at liberty to answer. I have treated you Christianly and friendly too, so far as I have had the ability."
I then asked him to tell me where I had done wrong, and I will ask his forgiveness; for I want you to prove to this company by your testimony that I have treated you honorably.
Foster then said—"I shall testify no further at present."
I then asked Justice Aaron Johnson—"Did I ever make oath before you against Simpson?"
He replied—"Not before the prosecution."
I then told the whole story.
Andrew Colton then came up before the Municipal Court on habeas corpus, and was discharged on the insufficiency of the papers.
After which, I preferred the following charge before the High Council against Dr. Robert D. Foster "for unchristian-like conduct in general, for abusing my character privily, for throwing out slanderous insinuations against me, for conspiring against my peace and safety, for conspiring against my life, for conspiring against the peace of my family, and for lying."
A charge was preferred against Harrison Sagers for teaching spiritual wife doctrine and neglecting his family, which was handed over to the High Council to act upon.
At 2 p.m., Elder John Taylor delivered a political discourse.
About 5 p.m., the "Maid of Iowa" arrived at the Nauvoo House wharf, filled with passengers from England, led by William Kay. 210 souls started from Liverpool, and nearly all arrived in good health and spirits, one smaller company having previously arrived.
Sunday, 14.—Rainy day. No meeting at the stand. I preached on board the "Maid of Iowa."
Committee of the Council met in the afternoon at my office.
Monday, 15.—At home settling with Dan Jones for steamboat "Maid of Iowa." She has returned in debt about $1,700. After much conversation and deliberation, I agreed to buy out Jones, by giving him property in the city worth $1,231, and assuming the debts.
I rode out in the afternoon.
The Twelve Apostles arranged the appointments for the general conferences in the United States as follows:
We also publish the names of the Elders who are appointed to the several states, together with their appointments. Those who are numbered with the figures 1 and 2 will take the presidency of the several states to which they are appointed.
MAINE.
J. Butterfield, 1st Jonathan H. Hale
Elbridge Tufts, 2nd Henry Herriman
S. B. Stoddard John MoonNEW HAMPSHIRE.
W. Snow, 1st Harley Morley
Howard Egan, 2nd Israel Barlow
Alvin Cooley David Clough Sen.
John S. Twiss, Calvin Reed
Charles A. Adams, Chilion Mack
Bethuel Miller Isaac Burton
A. D. Boynton.MASSACHUSETTS.
Daniel Spencer, 1st George Lloyd
Milton F. Bartlett Orlando D. Hovey
Daniel Loveland Nathaniel Ashby
Joseph J. Woodbury Samuel P. Hoyt
W. H. Woodbury Daniel W. Gardner
John R. Blanchard
RHODE ISLAND.
William Seabury, 1st Melvin Wilbur
Thomas McTaggartCONNECTICUT.
E. H. Davis, 1st Quartus S. SparksVERMONT.
Erastus Snow, 1st Warren Snow
William Hyde Dominicus Carter
Denman Cornish, Levi W. Hancock
Jeremiah Hatch Alfred Cordon
Martin Titus Charles Snow
William Haight James C. Snow
John D. Chase A. M. Harding
Josiah H. Perry Isaac Houston
Amos HodgesNEW YORK.
C. W. Wandell, 1st William Newland
Marcellus Bates, 2nd Allen Wait
Truman Gillett William H. Parshall,
A. A. Farnham C. H. Wheelock
Edmund Ellsworth, Timothy B. Foote
Gregory Bentley George W. Fowler
Homer C. Hoyt Henry L. Cook
Isaac Chase, William W. Dryer
Simeon A. Dunn Elijah Reed
Daniel Shearer Solon Foster
James W. Phippin Hiram Bennett
J. H. Van Natta Chandler Holbrook
Samuel P. Bacon Lyman Hall
Bradford W. Elliott William Felshaw
J. R. G. Phelps Daniel Fisher
Joseph P. Noble D. H. Redfield
John Tanner Martin R. Tanner
Thomas Fuller G. D. Goldsmith
O. M. Duel Charles Thompson
Samuel White B. C. Elsworth
W. R. R. Stowell Archibald Bates
William D. Pratt David Pettigrew
Marcellus McKeown Ellis Eames
Horace S. Eldredge
NEW JERSEY.
Ezra T. Benson, 1st John PackPENNSYLVANIA.
D. D. Yearsley, 1st Wm. P. McIntyre
Edson Whipple, 2nd Jacob Zundall
John Duncan Orrin D. Farlin
Stephen Post Henry Mouer
G. W. Crouse G. Chamberlain
Jacob Shoemaker Thomas Hess
Stephen Winchester A. J. Glaefke
Hyrum Nyman Henry Dean
J. M. Cole James Downing
Charles Warner.DELAWARE.
John Jones Jonathan O. Duke
Warren Snow Justus MorseMARYLAND.
Jacob Hamblin Patrick Norris
Lyman Stoddard.VIRGINIA.
B. Winchester, 1st James Park
S. C. Shelton, 2nd A. W. Whitney
Geo. D. Watt, 3rd Pleasant Ewell
Chapman Duncan W. E. Higginbottom
Joseph King John F. Betts
Peter Fife Alfred B. Lambson
Robert Hamilton David EvansNORTH CAROLINA.
A. McRae, 1st John Holt
Aaron Razer, 2nd John Houston
Thomas Guymon James Sanderson
George WattSOUTH CAROLINA.
Alonzo LeBaron, 1st Ekells Truly
John M. Emell William Smith
William D. LymanGEORGIA.
Morgan L. Gardner Miles Anderson
Isaac Beebe S. E. Carpenter
KENTUCKY.
John D. Lee, 1st D. D. Hunt
D. H. Rogers M. B. Welton
Samuel B. Frost Horace B. Owens
John O. Angus Joseph Holbrook
Charles Spry Hiram W. Mikesell
John H. Reid Garret W. Mikesell
William WatkinsTENNESSEE.
A. O. Smoot, 1st J. J. Castell
Alphonzo Young, 2nd J. A. Kelting
W. W. Riley J. Hampton
Amos Davis Alfred Bell
L. T. Coon Armstead Moffitt
Jackson Smith D. P. Rainey
W. P. Vance James Holt
H. D. Buys Warren Smith
A. D. Young J. J. Sasnett
Joseph Younger H. B. Jacobs
G. W. Langley John L. Fullmer
G. Penn Joseph MountALABAMA.
B. L. Clapp, 1st L. D. Butler
G. W. Brandon T. J. BrandonMISSISSIPPI.
J. B. Walker Daniel Tyler
Ethan Barrus.LOUISIANA.
J. B. Bosworth, 1st John Kelly
H. H. Wilson George Pew
Wm. Nelson Lorenzo MooreARKANSAS.
A. A. Simmons J. A. McIntosh
Darwin Chase Nathaniel Leavitt.OHIO.
Lorenzo Snow, 1st William Batson
L. Brooks, 2nd G. C. Riser
Alfred Brown Clark Lewis
J. J. Riser B. W. Wilson
J. Carroll A. W. Condit
L. O. Littlefield Loren Babbitt
J. M. Powers Elijah Newman
Milo Andrus Milton Stow
John Lovelace Edson Barney
W. H. Folsom Hiram Dayton
John Cooper Jacob Morris
S. Carter Ezra Strong
John Nichols J. M. Emmett
David Jones Allen Tulley
Nathaniel Childs P. H. Young
Jesse Johnson S. P. Hutchins
J. A. Casper J. H. Foster
Joseph Rose Nathan T. Porter
W. Brothers Ezra Vincent
Jared Porter Lysander Dayton
John W. RobertsINDIANA.
Amasa Lyman, 1st U. V. Stewart
G. P. Dykes, 2nd Washington Lemon
A. L. Lamoreaux Edward Carlin
Charles Hopkins L. D. Young
F. M. Edwards Wm. Snow
Salmon Warner Nathan Tanner
F. D. Richards Wm. Martindale
S. W. Richards Henry Elliott
John Mackey A. F. Farr
James Newberry John Jones
Abraham Palmer Frederick Ott
John G. SmithMICHIGAN.
Charles C. Rich, 1st Wm. Savage
Harvey Green, 2nd David Savage
Thomas Dunn Graham Coltrin
R. C. Sprague Samuel Parker
Joseph Curtis Jeremiah Curtis
Zebedee Coltrin C. W. Hubbard
Reuben W. Strong S. D. Willard
L. N. Kendall Wm. GribbleILLINOIS.
E. H. Groves, 1st Morris Phelps, 2nd
John Vance S. Mulliner
H. Olmstead, Galena John Gould
H. W. Barnes, do. Zenus R. Gurley
Hiram Mott, Jefferson Hunt
David Candland Jacob L. Burnham
W. A. Duncan D. J. Kershner
Wm. O. Clark N. Leavitt
Almon Bathrick John Laurence
P. H. Buzzard Nathan A. West
Zachariah Hardy Levi Jackman
John Hammond Abel Lamb
G. W. Hickerson Howard Coray
Daniel Allen Stephen Markham
David Judah Levi Stewart
Thomas Dobson James Graham
James Nelson Timothy S. Hoit
David Lewis Duncan McArthurMISSOURI.
A. H. Perkins, 1st Wm. Coray
John Lowry, 2nd O. M. Allen
Wm. G. Rule Wm. H. JordanWISCONSIN TERRITORY.
S. H. BriggsFREE.
F. Nickerson, 1st A. C. Nickerson L. S. Nickerson
Those Elders who are numbered in the foregoing list to preside over the different states will appoint conferences in all places in their several states where opportunities present, and will attend all the conferences, or send experienced and able Elders, who will preach the truth in righteousness, and present before the people "General Smith's Views of the Powers and Policy of the General Government," and seek diligently to get up electors who will go for him for the Presidency. All the Elders will be faithful in preaching the Gospel in its simplicity and beauty, in all meekness, humility, long-suffering and prayerfulness; and the Twelve will devote the season to traveling, and will attend as many conferences as possible.
Elder B. Winchester is instructed to pass through Mississippi, Alabama, Georgia, North and South Carolina and Virginia, to visit the churches, hold conferences, and preside over them.
BRIGHAM YOUNG, President
W. RICHARDS, Clerk of the Quorum of the Twelve.
Tuesday, 16.—Rode out to Brother Greenwood's, but he had not returned. Five p.m. had a long talk with Chauncey L. Higbee and Esq. Marr, in front of my house, and read to them Dr. A. B. Williams' and M. G. Eaton's affidavit before Esq. Wells.
The Twelve Apostles met in council.
Wednesday 17.—Rode out with Brother Heber C. Kimball and William Clayton to the steamboat landing. Remainder of the day at home.
Thursday, 18.—Nine a.m. went into general council until noon and introduced J. W. Coolidge, D. S. Hollister, and added Lyman Wight's name.
While at dinner I made mention of the report that Foster, Higbee, et al. were paying someone's board at my table so as to catch something against me; so that, if the report is true, they may have something to carry back.
Two to five thirty p.m. in council.
Excommunication of the Laws, Fosters, et. al.
At 6 p.m. Brigham Young, Willard Richards, John Taylor, George A. Smith, Heber C. Kimball, Wilford Woodruff, of the Twelve Apostles; Alpheus Cutler, Samuel Bent, George W. Harris, A. Johnson, William Marks, of the City Council; Charles C. Rich, Amasa M. Lyman, of the High Council; William W. Phelps, Newel K. Whitney, John Smith, John M. Bernhisel, Joseph Fielding, George J. Adams, Erastus Snow, Reynolds Cahoon, J. W. Coolidge, John Scott, John D. Lee, Levi W. Hancock, S. Williams, Jos. Young, John P. Greene, John D. Parker, Alexander McRae, George D. Watt, and William Clayton held a council and unanimously cut off Robert D. Foster, Wilson Law, William Law and Jane Law, of Nauvoo, and Howard Smith of Scott county, Illinois, from the Church of Jesus Christ of Latter-day Saints, for unchristian-like conduct; and their names were published in the Times and Seasons.
Friday, 19.—A company of about eighty Saints arrived.
In the evening rode to the upper steamboat landing.
Saturday, 20.—Emma started for St. Louis to purchase goods.
I rode out with Dr. Bernhisel and my boys Frederick and Alexander to the prairie, which is now very green.
Elders Brigham Young and Wilford Woodruff rode to Lima and spent the night with Father Morley.
Sunday, 21.—At home; rainy day. A meeting at the Stand. Elder Erastus Snow preached on "The Law of Nature."
Elders Young and Woodruff attended a conference and preached to the Saints in Lima, where twenty-six Elders volunteered to go out preaching.
Elder Kimball attended a conference at Ramus.
Monday, 22.—All night lightning, thundering, raining, with strong east wind which continued through the day.
The river very high; all the mills in the city stopped on account of the high water.
This morning a man, who had put up at my house told me he wanted to see me alone. I went into my room with him, when he told me he was a prophet of God, that he came from Vermont, and he prophesied that this Government, was about to be overthrown, and the kingdom which Daniel speaks of was about to be established somewhere in the West, and he thought in Illinois.
My brother William arrived from New Jersey with some forty or fifty Saints. I spent some time with him in the evening.
Elders Young and Woodruff started for Nauvoo; but on account of a tremendous storm of hail and rain, they were glad to take shelter at Brother William Draper's where they spent the night.
Tuesday, 9.—From 9 to 12 a general meeting of citizens friendly to my election, was held in the hall, to elect a delegate to go to the Baltimore Convention, to be held on the first Monday in May. D. S. Hollister was elected.
From 3 to 5 p.m. again assembled, and many speeches were made, &c.; and appointed the second Monday in May to hold a State Convention at Nauvoo.
In the evening, visited Agnes, my brother Carlos' widow, and Dr. Richards, with Hyrum.
Wednesday, 24.—Rode up to the steamboat landing, where we found Elder J. M. Grant, who introduced me to judge William Richards, of New Jersey, took him to Brother Winchester's.
In the evening Brother Ezra Thayer, Dr. Richards, and Dr. Williams were in my room, and a man who boarded at the Masonic Hall. At their request, I gave them a history of the Laws' proceedings, in part, in trying to make a difficulty in my family, &c.
Gave recommendations to Elders Amasa M. Lyman and D. S. Hollister.
Thursday, 25.—Emma returned from St. Louis.
A brother who works in the St. Louis Gazette office came up at the same time, and wanted to know by what principle I got so much power, how many inhabitants and armed men we had, &c. I told him I obtained power on the principles of truth and virtue, which would last when I was dead and gone, &c.
In general council from 10 till 12, and from 2 to 5, When they adjourned sine die, after appointing a State Convention to meet in Nauvoo on 17th May. The council then dispersed to go abroad in the nations.
Instructed Dr. Richards to make out a writ of habeas corpus for Mr. Jeremiah Smith, of Iowa, who was expecting to be arrested by the U. S. Marshal for getting money which was due him, as he says, at Washington.
A play on rational amusement was to commence this evening, but a most tremendous shower of rain and large hail from the southwest commenced about six p.m. which prevented it. The small creeks rose over four feet high, overflowed their banks, sweeping away fences, and doing considerable damage.
The Mississippi river is higher at this place than ever known by the oldest inhabitant.
Violence of the Fosters and Higbees.
Friday, 26.—At home. At 10 a.m. the Marshal went up on the hill to arrest Augustine Spencer for an assault on his brother, Orson Spencer, in his own house. Robert D. Foster, Charles Foster and Chauncey L. Higbee came down. Charles Foster drew a pistol pointed towards me, and threatened to shoot while standing on the steps of my office. I ordered him to be arrested and the pistol taken from him, when a struggle ensued, in which Charles Foster, Robert D. Foster and Chauncey L. Higbee resisted, and I ordered them to be arrested also, and I as the Mayor ordered the policemen to be called; then went on to try Augustine Spencer. He was fined $100, and required to give bonds in $100 to keep the peace for six months. He appealed the case at once to the Municipal Court.
Robert D. Foster, Chauncey L. Higbee, and Charles Foster were also tried for resisting the authorities of the city.
O. P. Rockwell sworn. Marshal John P. Greene sworn:—Said Dr. Foster swore by God that he would not assist the Marshal, and swore by God they would see the Mayor in hell before they would go; and that Charles Foster drew a pistol and presented at the Mayor, which was being wrested from him when Dr. Robert D. Foster interfered. Charles Foster and Chauncey L. Higbee said they would be G—d—d if they would not shoot the Mayor. They breathed out many hard threatenings and menacing sayings. They said they would consider themselves the favored of God for the privilege of shooting or ridding the world of such a tyrant (referring to the Mayor).
Joseph W. Coolidge sworn, and confirmed the Marshal's testimony.
Elbridge Tufts sworn, and confirmed the foregoing statements.
Robert D. Foster, Charles Foster and Chauncey L. Higbee were each fined $100. They immediately took an appeal to the Municipal Court.
I issued a warrant for Robert D. Foster, on complaint of Willard Richards, for a breach of ordinance, in that Foster said to Richards; "You," shaking his fist in the doctor's face, "are another d—ned black-hearted villain! You tried to seduce my wife on the boat, when she was going to New York and I can prove it; and the oath is out against you."
Saturday, 27.—A large company of gentlemen from St. Louis and other places on the river, called at the Mansion. After spending some time, they returned to the boat, but it was gone, when they again returned to the Mansion.
At 9 a.m. the case of Dr. Robert D. Foster came up for trial before the Municipal Court. I had a conversation with Foster in which he charged me with many crimes, and said that Daniteism was in Nauvoo; and he used a great variety of vile and false epithets and charges.
The court adjourned to Monday, the 29th at 9 a.m.
Foster agreed to meet me on the second Monday in May, at the Stand, and have a settlement, and he would publish the result of it in the Warsaw papers. I told him if he did not agree to be quiet, and not attempt to raise a mob, I would not meet him; if he would agree to be quiet, I would be willing to publish the settlement in the Neighbor. But Foster would not agree to be quiet. I then told him I had done my duty; the skirts of my garments were free from his (Foster's) blood; I had made the last overtures of peace to him; and then delivered him into the hands of God, and shook my garments against him as a testimony thereof.
I continued in the office some time afterwards in conversation, and then went into the big room and read in the Warsaw Signal a vile article against the Saints.
Elder Hiram Smith arrived from Liverpool accompanied by one hundred and fifty immigrating Saints.
There was a meeting at the Stand at one o'clock, to give instructions to the Elders going out electioneering. They were addressed by President Rigdon and William Smith.
Dr. Richards prosecuted Robert D. Foster for slander, &c.
Sunday, 28.—At home. A beautiful clear day.
My brother Hyrum preached at the Stand in the morning, and among other things, said the time will shortly come that when one man makes another an offender for a word, he shall be cut off from the Church of Jesus Christ. There were prophets before, but Joseph has the spirit and power of all the prophets.
President Brigham Young also spoke very pointedly and very truly about Dr. Foster and others. Dr. Foster was cursed, and the people cried "Amen."
Several persons were baptized in the river at the foot of Main street.
There was a meeting of the Twelve Apostles, Seventies and others, in the Seventies' Hall, in the afternoon.
Prayer meeting in the evening: the brethren prayed for the sick, a deliverance from our enemies, a favorable termination to lawsuits, &c., &c. I had been suddenly taken sick, and was therefore unable to attend.
A conference of Elders assembled at Yelrome, or Morley Settlement, Lima, Isaac Morley presiding, when a quorum of High Priests was organized, consisting of thirty-one members. Horace Rawson president, Philip Gardner and Joseph S. Allen, his counselors, and James C. Snow, clerk.
There was a meeting at Wilson Law's, near the sawmill, of those who had been cut off from the Church, and their dupes. Several affidavits which they had taken against me and others were read. William Law, Wilson Law, Austin A. Cowles, John Scott, Sen., Francis M. Higbee, Robert D. Foster, and Robert Pierce were appointed a committee to visit the different families in the city, and see who would join the new church; i.e., as they had decided that I was a fallen prophet, &c.; and they appointed William Law in my place, who chose Austin Cowles and Wilson Law as his counselors. Robert D. Foster and Francis M. Higbee to be two of the Twelve Apostles, &c., &c., as report says.
Elder James Blackeslee preached in the forenoon, bearing a faithful testimony of the truth of the work and my being a true prophet, and in the afternoon joined the "Anties." They chose Charles Ivins Bishop.
A conference was held in Sheffield, England, representing 215 members, 7 Elders, 19 Priests, 5 Teachers, and 3 Deacons.
Monday, 29.—At home; received a visit from L. R. Foster of New York, who gave me a good pencil case, sent me by Brother Theodore Curtis, who is now in New York; and the first words I wrote with it were, "God bless the man!"
At 11 a.m., Robert D. Foster came up for trial. I transferred the case to Alderman William Marks. Foster objected to the jurisdiction of the court, also to an informality in the writ, &c.
The court decided he had not jurisdiction. Esquire Noble, from Rock river, assisted the City Attorney. Esquire Patrick was present.
I called a special session of the City Council at 3:30 p.m., when it was voted that W. W. Phelps take the place of John Taylor during his absence this season; also Aaron Johnson in place of Orson Hyde; Phineas Richards in place of Heber C. Kimball; Edward Hunter in place of Daniel Spencer; Levi Richards in place of Brigham Young as councilors in the City Council; and Elias Smith as alderman in place of George A. Smith.
Lieutenant Williams filed his affidavit versus Major-General Wilson Law, and he was suspended from office to await his trial before a court-martial of the Nauvoo Legion for ungentlemanly conduct, &c.; and he was notified of his command in the Legion being suspended, and Charles C. Rich was notified to take command, and also notified seven officers to sit as a court-martial.
William Law was suspended for trial about the same time.
Steamer Mermaid touched at Nauvoo House, landing at 5 p.m. for a short time when going down.
John P. Greene published the following in the Neighbor: (Impression of May 1st.)
The Foster-Higbee Embroilment.
All is peace at Nauvoo, among the Saints:
But, Mr. Taylor, I wish you to give the following outrage an insertion in the Neighbor, that the public mind may be disabused, and the disgrace and shame fall on those who have justly deserved it and merited the people's rebuke!
On Friday morning, the 26th inst., I was informed by Mr. Orrin P. Rockwell that one Mr. Augustine Spencer had committed an assault on the person of Alderman Orson Spencer, and the Mayor of the city had sent for Augustine Spencer, and found him in Mr. Marr's law office, made him a prisoner, and informed him he must go with me to the Mayor's office, when he said he would not go.
I then called upon Robert D. Foster, Chauncey L. Higbee, and Charles A. Foster to assist me in taking said Spencer to the Mayor's office; but they swore they would not, and used many threatening oaths and aspersions, saying they would see the Mayor and the city damned, and then they would not; but soon followed me and Mr. Augustine Spencer to the office door, when the Mayor ordered me to arrest these three men for refusing to assist me in the discharge of my duty; and when attempting to arrest them, they all resisted, and with horrid imprecations threatened to shoot.
I called for help, and there not being sufficient, the Mayor laid hold on the two Fosters at the same time. At that instant Charles A. Foster drew a double-barrel pistol on Mr. Smith, but it was instantly wrenched from his hand; and afterwards he declared he would have shot the Mayor, if we had let his pistol alone, and also he would thank God for the privilege of ridding the world of a tyrant! Chauncey L. Higbee responded to Foster's threats, and swore that he would do it.
However, the three were arrested and brought before the Mayor, whereupon Orrin P. Rockwell, Joseph Coolidge, John P. Greene and E. Tufts testified to the amount of the above statements; upon which evidence the court assessed a fine of one hundred dollars to each of the above-named aggressors, who appealed to the Municipal Court.
I wish the public to know who it is that makes insurrections and disturbs the peace and quiet of the people of the city of Nauvoo; and in order to do this I need only to tell the world that this Robert D. Foster is a county magistrate, and the same Robert D. Foster that was fined for gambling a few weeks since; and that this Chauncey L. Higbee is a lawyer and notary public of Hancock county, and the same Chauncey L. Higbee that was fined for insulting the city officers (the marshal and constable) when in the discharge of their official duties, a few weeks since.
"When the wicked rule the people mourn, but righteousness exalteth any nation"—SOLOMON.
J. P. GREENE, City Marshal.
N. B.—We wish it to be distinctly understood that neither of the three above-named individuals are members of the Church of Latter-day Saints, but we believe Charles A. Foster is a Methodist.—J. P. G.
Tuesday, 30.—At home counseling the brethren about many things; received much company, &c.
In the afternoon in council with Hiram Clark and Brigham Young, at Brigham Young's house, on the affairs of the Church in England.
A complaint was commenced against William and Wilson Law in the Masonic Lodge, &c.
Sent notification to two more officers to sit in the court-martial on the trial of William and Wilson Law.
The Osprey steamer touched at the Nauvoo House landing in the evening.
Wednesday, May 1.—Heavy rain and wind last night.
At home counseling the brethren, and rode out a short time in the afternoon with a gentleman from Quincy.
Elder Lyman Wight and Bishop George Miller arrived from the Pine country.
Mr. Thomas A. Lyne, a tragedian from New York, assisted by George J. Adams and others, got up a theatrical exhibition in the lower room of the Masonic Hall, which was fitted up with very tasteful scenery. They performed "Pizarro," "The Orphan of Geneva," "Douglas," "The Idiot Witness," "Damon and Pythias," and other plays with marked success. The Hall was well attended each evening, and the audience expressed their entire satisfaction and approbation.
Thursday, 2.—Very windy all night, breaking down large trees; a thunder storm also.
At home and counseling the brethren.
Sent William Clayton to Wilson Law to find out why he refused paying his note, when he brought in some claims as a set-off which Clayton knew were paid, leaving me no remedy but the glorious uncertainty of the law.
At 10 a.m. the Maid of Iowa steamer started for Rock River for a load of wheat and corn to feed the laborers on the Temple.
William Clayton and Colonel Stephen Markham started to attend court at Dixon, on the case of "Joseph Smith vs. Harmon T. Wilson and Joseph H. Reynolds."
In the afternoon I rode to the prairie to sell some land, and during my absence Lucien Woodworth returned from Texas.
Lieut. Aaron Johnson made the following affidavit;
NAUVOO, May 2nd, 1844.
STATE OF ILLINOIS, HANCOCK CO.,
CITY OF NAUVOO, ss
Personally appeared before me, John Taylor, Judge-Advocate of the Nauvoo Legion, Aaron Johnson; and being duly sworn deposes and says that on or about the 28th day of April, 1844, at the dwelling house of Wilson Law in Nauvoo aforesaid, Colonel R. D. Foster, Surgeon-in-Chief, and Brevet Brigadier-General of said Nauvoo Legion, while talking about General Joseph Smith, said that General Smith kept a gang of robbers and plunderers about his house for the purpose of robbing and plundering, and he (Smith) received half the spoils; also that said General Joseph Smith tried to get him (Foster) to go and kill Boggs, with many other ungentlemanly and unofficer-like observations concerning said General Smith and others.
AARON JOHNSON,
2nd Lieut., 1st Comp., 1st Regiment, 2nd Cohort, Nauvoo Legion.
Personally appeared, Aaron Johnson, the signer of the above complaint, and made oath the same was true according to the best of his knowledge and belief, the day and year above written before me.
JOHN TAYLOR,
Judge-Advocate of the Nauvoo Legion.
Friday, 3.—At home giving advice to brethren who were constantly calling to ask for counsel. Several thunder showers during the day.
In general council from 2 to 6, and from 8 to 10 p.m. Lucien Woodworth gave an account of his mission.
Wrote a letter to Uncle John Smith, and requested him to attend general council next Monday.
The following letter was written:
Letter: Brigham Young and Willard Richards to Reuben Hedlock—Instructions on Immigration Matters.
NAUVOO, May 3rd, 1844.
Elder Reuben Hedlock:
DEAR BROTHER—Your long communication by Elder Kay was received two weeks last Saturday, also the one by Elder Clark last Saturday, and we feel to thank you for the care you have taken to write us so particularly. We are glad to receive such communications, and wish you to continue the same course as opportunities present. The brethren have all had good passages (four ships). Elder Clark was only five weeks and three days to New Orleans. All things safe.
All things are going on gloriously at Nauvoo. We shall make a great wake in the nation. Joseph for President. Your family is well, and friends generally. We have already received several hundred volunteers to go out electioneering and preaching and more offering. We go for storming the nation. But we must proceed to realities.
The whisperings of the Spirit to us are that you do well to content yourself awhile longer in old England, and let your wife remain where she is. We hope the Temple may be completed, say one year from this spring, when in many respects changes will take place. Until then, who can do better in England than yourself! But we will not leave you comfortless; we will send Elders to your assistance. For three or four months we want all the help we can get in the United States; after which you may expect help.
In the meantime you are at liberty to print as many Stars, pamphlets hymn books, tracts, cards, &c., as you can sell; and make all the money you can in righteousness. Don't reprint everything you get from Nauvoo. Many things are printed here not best to circulate in England. Select and write doctrine, and matter, (new) such as will be useful to the Saints in England and new to us; so that when we exchange papers all will be edified. God shall give you wisdom, if you will seek to Him, and you shall prosper in your printing.
We also wish you to unfurl your flag on your shipping office, and send all the Saints you can to New York, or Boston, or Philadelphia or any other port of the United States, but not at our expense any longer. We have need of something to sustain us in our labors, and we want you to go ahead with printing and shipping, and make enough to support yourself and help us a bit. You will doubtless find it necessary to employ Brother Ward. Keep all your books straight, so that we in the end can know every particular.
Ship everybody to America you can get the money for—Saint and sinner—a general shipping-office. And we would like to have our shipping-agent in Liverpool sleep on as good a bed, eat at as respectable a house, keep as genteel an office, and have his boots shine as bright, and blacked as often as any other office-keeper. Yes sir; make you money enough to wear a good broadcloth, and show the world that you represent gentlemen of worth, character and respectability.
We will by-and-by have offices from the rivers to the ends of the earth, and we will begin at Liverpool from this time and increase and increase and increase the business of the office as fast as it can be done in safety, and circumstances will permit. Employ a runner, if necessary, and show the world you can do a better and more honorable business than anybody else, and more of it. Don't be afraid to blow your trumpet.
We need not say, deal with everybody so that they will want to deal with you again, and make all the money you honestly can. Send no more emigrants on emigration books or Star money. Temple orders for emigrants may be filled on Temple funds. Keep account of all moneys in their separate departments and favor us with a report occasionally.
Sell the Books of Mormon the first opportunity, if it be at a reduced price, and forward the money by the first safe conveyance to Brigham Young.
We will pay your wife as you requested in your letter, as soon as possible. We wish you to take care of yourself and family, and withal help us besides; and we have now put you in possession of means to do it.
Let nobody know your business but the underwriters. Our wives know not all our business, neither does any wise man's wife know all things, for the secret of the Lord is with those that fear Him and do His business. A hint to the wise is sufficient. But we will add, if you want us to do anything for your wife, write us, and we will do it; but keep our business from your wife and from everybody else.
We are glad to hear a door is open in France, and sure we have no objections to your going over and preaching, &c.; but we think perhaps you will now find as much to do in England as you can find time to do it in; if not, go by all means. We are in hopes of sending a special messenger to France in a few days; if so, very likely he may call on you, and you pass over and give him an introduction: this would be pleasant for you all.
Brother Hedlock, a word with you privately. Joseph said, last conference, that Zion included all North and South America; and after the Temple was done, and the Elders endowed, they would spread and build up cities all over the United States; but at present we are not to teach this doctrine. Nay, hold your tongue. But by this you can see why it is wisdom for the Saints to get into the United States—anywhere rather than stay in England to starve.
The prophet has a charter for a dam from the lower line of the city to the island opposite Montrose, and from thence to the sand-bar above in the Mississippi. Could five, six or seven thousand dollars be raised to commence the dam at the lower extremity, and erect a building, any machinery might be propelled by water. The value of a steam-engine would nearly build the dam sufficient for a cotton-factory, which we much need. Start some capitalists, if you can: 'tis the greatest speculation in the world: a world of cotton and woollen goods are wanted here.
We have proposed to Brother Clark to return to your assistance in the shipping business soon; also to enter into exchanges of goods and produce. Which he will do, he has not decided. What will hinder your doing a good business in shipping this season? Good? Yes, in competing with the first offices in the city, and by next season taking the lead, if not this! When the Saints get to New York, Boston, &c., let them go to work, spread abroad in the land, or come to Nauvoo, as they and convenient and have means, and when the season arrives, start again for New Orleans. Write soon after the receipt of this, and let us know the prospect.
Tell the Saints, when they arrive in America, to make themselves as comfortable as they can, and be diligent in business, and not be over anxious if they cannot come to Nauvoo. They will find Elders in all the states who will be ready to give them instruction; and if they can gather something by the way by their industry to assist themselves with when they arrive here, it will be well for them.
We have dropped the Nauvoo House until the Temple can be completed, and the Temple is going on finely. We have had an open winter and a forward spring. The Twelve are holding general conferences all over the United States. They will go East soon, and Brother Young will write to you as soon as he gets the information to tell what house you can remit the book money to in New York.
We shall have a State Convention at Nauvoo on the 17th inst.,—an election. A great many are believing the doctrine. If any of the brethren wish to go to Texas, we have no particular objection. You may send a hundred thousand there if you can, in eighteen months, though we expect before that you will return to receive your endowments; and then we will consult your interest, with others who may be going abroad, about taking their families with them.
The kingdom is organized; and, although as yet no bigger than a grain of mustard seed, the little plant is in a flourishing condition, and our prospects brighter than ever. Cousin Lemuel is very friendly, and cultivating the spirit of peace and union in his family very extensively.
William and Wilson Law, Robert D. Foster, Chauncey L. and Francis Higbee, Father Cowles, &c., have organized a new church. (Laws and Fosters were first cut off). William Law is Prophet; James Blakesley and Cowles, Counselors; Higbee and Foster of the Twelve. Cannot learn all particulars. Charles Ivins, Bishop; old Dr. Green and old John Scott, his counselors. They are talking of sending a mission to England, but it will probably be after this when they come among you. 'Tis the same old story over again—"The doctrine is right, but Joseph is a fallen prophet."
Your brethren in the new covenant,
BRIGHAM YOUNG,
WILLARD RICHARDS.
Elder Parley P. Pratt wrote from Richmond, Mass., as follows:
Letter: Parley P. Pratt to Joseph Smith et al., Denouncing Augustine Spencer.
Dear Brother Joseph and Brother Orson Spencer, or whom it may concern:
This is to forewarn you that you have a snake in the grass—a base traitor and hypocrite in your midst, of whom perhaps you may not be fully aware. You may think these harsh terms, but I speak from good evidence and speak the truth.
Mr. Augustine Spencer, brother to Elder Orson Spencer, has written a letter from Nauvoo, which is now going the rounds in this neighborhood, and is fraught with the most infamous slander and lies concerning Joseph Smith and others, and which is calculated to embitter the minds of the people who read or hear it. It affirms that Joseph Smith is in the habit of drinking, swearing, carousing, dancing all night, &c., and that he keeps six or seven young females as wives, &c., and many other such like insinuations.
At the same time he cautions the people to whom he writes to keep the letter in such a way that a knowledge of its contents may not reach Nauvoo, as he says he is on intimate terms and confidential friendship with the "Prophet Joe" and the Mormons, and that he hopes to get into office by their means. This is his own acknowledgment of his own baseness, imposition and hypocrisy. I have not seen the letter myself, but have carefully examined the testimony of those who have, and I have also seen and witnessed its baneful effect upon the people here.
Now, I say to the Saints, Let such a man alone severely; shun him as they would the pestilence; be not deceived by a smooth tongue nor flattering words; neither accept of any excuse or apology until he boldly contradicts and counteracts his lying words abroad; but rather expose and unmask him in your midst, that he may be known and consequently become powerless, if he is not already so. I am well and expect to be in Boston tomorrow.
I remain, as ever, your friend and brother, in the love of truth,
P. P. PRATT.
RICHMOND, MASS., May 3rd, 1844.
Saturday, 4.—Rode out on the prairie to sell some land. The Stone work for four circular windows finished cutting for the middle story of the Temple. Elder Wilford Woodruff moved into his new brick house.
A court-martial was detailed as follows:
HEADQUARTERS NAUVOO LEGION May 4, 1844.
To Alanson Ripley, Sergeant-Major, 2nd Cohort, Nauvoo Legion:
You are hereby forthwith commanded to notify the following named officers of the Nauvoo Legion to assemble at the office of Lieut.-General Joseph Smith, on Friday, the 10th inst., at 9 o'clock a.m., as members of a court-martial detailed for the trial of Robert D. Foster, Surgeon-in-Chief and Brevet Brigadier-General of the Nauvoo Legion, on the complaint of Lieut. Aaron Johnson for unofficer-like and unbecoming conduct, and hereof fail not, and make returns of your proceedings to the President of the Court on the first day of its sitting—viz.
Brig.-Gen. George Miller as President; Brevet Brig.-Gen. Hugh McFall, Brevet Brig.-General Daniel H. Wells, Brevet Brig.-Gen. John S. Fullmer, Colonel Jonathan Dunham, Colonel Stephen Markham, Colonel Hosea Stout, Colonel John Scott, Lieut.-Colonel John D. Parker, Lieut.-Colonel Jonathan H. Hale, Lieut.-Colonel Theodore Turley, as members of said court, and Colonel John Taylor as Judge-Advocate. Also to summons Willard Richards and Aaron Johnson to appear at the same time and place as witnesses.
Given under my hand the day and year above written.
CHARLES C. RICH,
Major-General N. L., Commanding.
Dr. Richards wrote a letter, at President Brigham Young's request, to Reuben Hedlock.
Sunday, 5.—At home. Rainy day. Elder Jedediah M. Grant preached at the Mansion at 2 p.m. A large company of friends at my house afternoon and evening, whom I addressed on the true policy of this people in our intercourse with the national government.
A conference was held at Marsh Hill, (formerly Froom's Hill) England, comprising 681 members, 22 Elders, 43 Priests, 15 Teachers, 7 Deacons.
Monday, 6.—Attended general council all day. Elder J. M. Grant was added to the council. Voted to send Almon W. Babbitt on a mission to France and Lucien Woodworth to Texas. Sidney Rigdon was nominated as a candidate for the Vice-Presidency of the United States.
I had a warrant served on me by John D. Parker, issued by the clerk of the Circuit Court at Carthage, on the complaint of Francis M. Higbee, who had laid his damages at $5,000, but for what the writ does not state. I petitioned the Municipal Court for a writ of habeas corpus, which I obtained.
At 6 p.m. I was in conversation with Jeremiah Smith and a number of gentlemen, in my office on the subject of Emma's correspondence with Governor Carlin.
Beautiful day. West wind.
Tuesday 7.—Rode out on the prairie at nine a.m., with some gentlemen, to sell them some land. A tremendous thunder shower in the afternoon, with a strong wind and rain, which abated about sunset, and I stayed at my farm all night.
Esquire Daniel H. Wells issued a writ of ejectment against all persons who had bought land of Robert D. Foster on the block east of the Temple, Foster having given them warranty deeds, but not having paid for the land himself.
An opposition printing press arrives at Dr. Foster's.
The following notice was issued by the Recorder:
STATE OF ILLINOIS,
CITY OF NAUVOO.
To the Marshal of the said City, greeting:
You are hereby required to notify Phineas Richards, Edward Hunter and Levi Richards, that they have been elected members of the City Council of said city; and Elias Smith, that he has been elected Alderman of said city by said City Council; and the said Councilors and Alderman and Gustavus Hills are required to appear, receive their oath of office, and take seats in said Council on Saturday, the 8th of June, 1844, at 10 o'clock a.m., at the Council Chamber. By order of the Council.
Witness my hand and corporation seal this 7th May, 1844.
[L. S.]
W. RICHARDS, Recorder.
Thursday, 8.—Returned home. At 10 a.m. went before the Municipal Court on the case, "Francis M. Higbee versus Joseph Smith."
The Prophet's Petition for Writ of Habeas Corpus.
MUNICIPAL COURT, CITY OF NAUVOO, ILLINOIS.
Third day, regular term, May 8, 1844.
Before Alderman N. K. Whitney, acting Chief Justice, and Aldermen Daniel H. Wells, William Marks, Orson Spencer, George W. Harris, Gustavus Hills, George A. Smith and Samuel Bennett, Associate Justices presiding.
Exparte Joseph Smith Sen., on habeas corpus.
Messrs. Styles and Rigdon, Counsel for Smith.
This case came before the court upon a return to a writ of habeas corpus, which was issued by this court on the 6th of May instant, upon the petition of Joseph Smith, Sen., as follows:
STATE OF ILLINOIS,
CITY OF NAUVOO, Sct.
To the Honorable Municipal Court and for the City of Nauvoo:
The undersigned, your petitioner, most respectfully represents that he is an inhabitant of said city. Your petitioner further represents that he is under arrest in said city, and is now in the custody of one John D. Parker, deputy sheriff of the county of Hancock, and state of Illinois; and that the said Parker holds your petitioner by a writ of Capias ad respondendum, issued by the clerk of the Circuit Court of the county of Hancock and state of Illinois, at the instance of one Francis M. Higbee of said county, requiring your petitioner to answer the said Francis M. Higbee, "of a plea of the case;" damage, five thousand dollars. Your petitioner further represents that the proceedings against him are illegal; that the said warrant of arrest is informal, and not of that character which the law recognizes as valid; that the said writ is wanting and deficient in the plea therein contained; that the charge or complaint which your petitioner is therein required to answer is not known to the law.
Your petitioner further avers that the said writ does not disclose in any way or manner whatever any cause of action; which matter your petitioner most respectfully submits for your consideration, together with a copy of the said warrant of arrest which is hereunto attached.
Your petitioner further states that this proceeding has been instituted against him without any just or legal cause; and further that the said Francis M. Higbee is actuated by no other motive than a desire to persecute and harass your petitioner for the base purpose of gratifying feelings of revenge, which, without any cause, the said Francis M. Higbee has for a long time been fostering and cherishing.
Your petitioner further states that he is not guilty of the charge preferred against him, or of any act against him, by which the said Francis M. Higbee could have any charge, claim or demand whatever against your petitioner.
Your petitioner further states that he verily believes that another object the said F. M. Higbee had in instituting the proceeding was and is to throw your petitioner into the hands of his enemies, that he might the better carry out a conspiracy which has for some time been brewing against the life of your petitioner.
Your petitioner further states that the suit which has been instituted against him has been instituted through malice, private pique and corruption.
Your petitioner would therefore most respectfully ask your honorable body to grant him the benefit of the writ of habeas corpus, that the whole matter may be thoroughly investigated, and such order made as the law and justice demand in the premises: and your petitioner with ever pray.
JOSEPH SMITH, SEN.
Order of the Municipal Court.
STATE OF ILLINOIS,
CITY OF NAUVOO, Sct.
NAUVOO, May 6th, 1844.
The people of the State of Illinois, to the Marshal of said city, greeting:
Whereas application has been made before the Municipal Court of said city, that the body of one Joseph Smith, Senior, of the said city of Nauvoo, is in the custody of John D. Parker, deputy sheriff of Hancock county and state aforesaid.
These are therefore to command the said John D. Parker, of the county aforesaid, to safely have the body of said Joseph Smith, Senior, of the city aforesaid, in his custody detained, as it is said, together with the day and cause of his caption and detention, by whatsoever name the said Joseph Smith, Senior, may be known or called, before the Municipal Court of said city forthwith, to abide such order as the said court shall make in this behalf; and further, if the said John D. Parker, or other person or persons, having said Joseph Smith, Senior, of said city of Nauvoo, in custody, shall refuse or neglect to comply with the provisions of this writ, you, the marshal of said city, or other person authorized to serve the same, are hereby required to arrest the person or persons so refusing or neglecting to comply as aforesaid, and bring him or them, together with the person or persons in his or their custody, forthwith before the Municipal Court aforesaid, to be dealt with according to law; and herein fail not and bring this writ with you.
Witness, Willard Richards, clerk of the Municipal Court at Nauvoo, this 6th day of May, in the year of our Lord one thousand eight hundred and forty-four.
WILLARD RICHARDS,
Clerk M. C. C. N.
I hold the within-named Joseph Smith, Senior, under arrest, by virtue of a capias ad respondendum.
HANCOCK COUNTY COURT.
To May Term, A. D. 1844.
Francis M. Higbee vs. Joseph Smith
In case.
The day of his caption, May 6th, 1844.
To damage five thousand dollars.
WM. BACKENSTOS, S. H. C.
By J. D. PARKER, D. S.
STATE OF ILLINOIS,
HANCOCK COUNTY. ss
The people of the state of Illinois to the Sheriff of said county, greeting:
We command you that you take Joseph Smith, if to be found within your county, and him safely keep, so that you have his body before the Circuit Court of said county of Hancock on the first day of the next term thereof, to be holden at the Courthouse in Carthage on the third Monday in the month of May instant, to answer Francis M. Higbee, of a plea of the case; damage, the sum of five thousand dollars, as he says; and you have then there this writ, and make due return thereon in what manner you execute the same.
[Sidenote: [Seal]
Witness, J. B. Backenstos, clerk of said Circuit Court at Carthage, this first day of May, in the year of our Lord, one thousand eight hundred and forty-four.
J. C. BACKENSTOS, Clerk.
By D. E. HEAD, Deputy.
This is a true copy of the original now in the possession of William B. Backenstos, Sheriff of Hancock county.
By J. D. PARKER, Deputy.
STATE OF ILLINOIS,
HANCOCK COUNTY,
CITY OF NAUVOO. Sct.
To Mr. Francis M. Higbee:
SIR.—You will please to take notice that Joseph Smith, Senior, has petitioned for a writ of habeas corpus from the Municipal Court of said city, praying that he may be liberated from the custody of John D. Parker, deputy sheriff of Hancock county, by whom he is held in custody on a capias ad respondendum, issued by the Circuit Court of Hancock county, on the first day of May instant, to answer Francis M. Higbee on a plea of the case, etc.; which writ is granted; and you will have the opportunity to appear before the Municipal Court at 10 o'clock a.m. on the 7th of May instant, at the Council Chamber in said city, and show cause why said Joseph Smith, Senior, should not be liberated on said habeas corpus.
[Sidenote: [Seal]
Witness my hand and seal, of court this 5th day of May, 1844.
WILLARD RICHARDS, CLERK M. C. C. N.
The case was argued at length by Messrs. George P. Styles and Sidney Rigdon. After which the court allowed the petitioner and his counsel to proceed with the case. Whereupon President Joseph Smith, Brigham Young, Sidney Rigdon, Hyrum Smith, Orrin Porter Rockwell, Cyrus H. Wheelock, Joel S. Miles, Henry G. Sherwood, Heber C. Kimball, were permitted to testify proving (1) the very bad and immoral character of Francis M. Higbee; and (2) the maliciousness of his prosecution of Joseph Smith. In the course of his testimony the Prophet said: "The only sin I ever committed was in exercising sympathy and covering up their [the Higbees', Fosters', Laws' and Dr. Bennett's] iniquities, on their solemn promise to reform, and of this I am ashamed, and will never do so again." After hearing these witnesses the Judge said: "It is considered and ordained by the court—
"1st. That the said Joseph Smith, Senior, be discharged from the said arrest and imprisonment complained of in said petition, on the illegality of the writ upon which he was arrested, as well as upon the writ of the case, and that he go hence without day.
"2nd. Francis M. Higbee's character having been so fully shown as infamous, the court is convinced that this suit was instituted through malice, private pique, and corruption, and ought not to be countenanced; and it is ordained by the court that the said Francis M. Higbee pay the costs."
[Sidenote: [Seal]
In testimony whereof I hereunto set my hand and affix the seal of said court at the city of Nauvoo, this 8th day of May, 1844.
WILLARD RICHARDS, Clerk.
I copy the following from the Neighbor of this date:
Hurrah for the General! The following which we extract from the St. Louis Organ, shows how the public mind is turning, and what their feelings are in regard to the Prophet, his views and theirs also in regard to the Presidency.
Forebear awhile—we'll hear a little more. The matter is now settled with Messrs. Clay, Tyler and Van Buren. Let Mr. Clay return at once from his political perambulations in the South, Mr. Tyler abandon his hopes of re-election by aid of the "immediate annexation" of Texas, and let Mr. Van Buren be quiet at Kinderhook, that he may watch the operations of the "sober second thought" of the people!
General Joseph Smith, the acknowledged modern Prophet, has got them all in the rear; and from the common mode of testing the success of candidates for the Presidency, to wit., by steamboat elections, he (Smith) will beat all the other aspirants to that office two to one. We learn from the polls of the steamboat Osprey, on her last trip to this city, that the vote stood for General Joseph Smith, 20 gents and 5 ladies; Henry Clay, 16 gents and 4 ladies; Van Buren, 7 gents and 0 ladies.
Attended theatre in the evening.
CHAPTER XVI.
ADDRESS OF THE PROPHET—HIS PROPHETIC CALLING AND THE RESURRECTION—STATUS OF AFFAIRS AT NAUVOO—HYDE'S REPORTS FROM WASHINGTON ON THE WESTERN MOVEMENT—OREGON.
Thursday, May 9, 1844.—A court-martial was held in my office for the trial of Major-General Wilson Law, on a charge of ungentlemanly and unofficer-like conduct. Present—Generals Hyrum Smith, Charles C. Rich, Lyman Wight, George Miller and Albert P. Rockwood; Cols. John Scott and Hosea Stout; Judge-Advocate John Taylor; and Secretary Thomas Bullock. The charge was sustained and Wilson Law cashiered.
Theatricals in Nauvoo.
Evening, attended theatre, and saw "Damon and Pythias" and "The Idiot Witness" performed.
Elders Wilford Woodruff and George A. Smith called upon me this morning, and said they were ready to start on their mission to attend the conferences appointed throughout the north of Illinois, Indiana and Michigan. I blessed them in the name of the Lord, and told them to go, and they should prosper and always prosper. They left in company with Elders Jedediah M. Grant and Ezra Thayer.
Friday, 10—Rode out after breakfast to the prairie to sell some land to some brethren.
The court-martial was held in the Mayor's office on the charge against Robert D. Foster, Surgeon-General, for unbecoming and unofficer-like conduct, &c.; Brigadier-General George Miller presiding. The charges were sustained.
A prospectus of the Nauvoo Expositor was distributed among the people by the apostates.
The jury of Lee county, Illinois, awarded $40 damages and the costs against Joseph H. Reynolds and Harmon T. Wilson for illegal imprisonment and abuse, which I suffered from them last June in that county.
Saturday, 11.—At 10 a.m. I attended City Council, and stayed till half-past eleven; but there not being a quorum, adjourned until next regular session. At 1 p.m. at my office, and had a conversation with Mr. Lyne on the theatre; and at 6 p.m. attended prayer meeting; John P. Greene and Sidney Rigdon present. Several showers of rain during the day. The Nauvoo Legion had a company muster.
Sunday, 12.—At 10 a.m. I preached at the Stand. The following brief synopsis of my discourse was reported by my clerk, Thomas Bullock:
President Joseph Smith's Address—Defense of his Prophetic Calling—Resurrection of the Dead—Fullness of Ordinances Necessary Both for the Living and Dead.
The Savior has the words of eternal life. Nothing else can profit us. There is no salvation in believing an evil report against our neighbor. I advise all to go on to perfection, and search deeper and deeper into the mysteries of Godliness. A man can do nothing for himself unless God direct him in the right way; and the priesthood is for that purpose.
The last time I spoke on this stand it was on the resurrection of the dead, when I promised to continue my remarks upon that subject. I still feel a desire to say something on this subject. Let us this very day begin anew, and now say, with all our hearts, we will forsake our sins and be righteous. I shall read the 24th chapter of Matthew, and give it a literal rendering and reading; and when it is rightly understood, it will be edifying. [He then read and translated it from the German].
I thought the very oddity of its rendering would be edifying anyhow—"And it will preached be, the Gospel of the kingdom, in the whole world, to a witness over all people: and then will the end come." I will now read it in German [which he did, and many Germans who were present said he translated it correctly].
The Savior said when these tribulations should take place, it should be committed to a man who should be a witness over the whole world: the keys of knowledge, power and revelations should be revealed to a witness who should hold the testimony to the world. It has always been my province to dig up hidden mysteries—new things—for my hearers. Just at the time when some men think that I have no right to the keys of the Priesthood—just at that time I have the greatest right. The Germans are an exalted people. The old German translators are the most correct—most honest of any of the translators; and therefore I get testimony to bear me out in the revelations that I have preached for the last fourteen years. The old German, Latin, Greek and Hebrew translations all say it is true: they cannot be impeached, and therefore I am in good company.
All the testimony is that the Lord in the last days would commit the keys of the priesthood to a witness over all people. Has the Gospel of the kingdom commenced in the last days? And will God take it from the man until He takes him Himself? I have read it precisely as the words flowed from the lips of Jesus Christ. John the Revelator saw an angel flying through the midst of heaven, having the everlasting Gospel to preach unto them that dwell on the earth.
The scripture is ready to be fulfilled when great wars, famines, pestilence, great distress, judgments, &c., are ready to be poured out on the inhabitants of the earth. John saw the angel having the holy priesthood, who should preach the everlasting Gospel to all nations. God had an angel—a special messenger—ordained and prepared for that purpose in the last days. Woe, woe be to that man or set of men who lift up their hands against God and His witness in these last days: for they shall deceive almost the very chosen ones!
My enemies say that I have been a true prophet. Why, I had rather be a fallen true prophet than a false prophet. When a man goes about prophesying, and commands men to obey his teachings, he must either be a true or false prophet. False prophets always arise to oppose the true prophets and they will prophesy so very near the truth that they will deceive almost the very chosen ones.
The doctrine of eternal judgments belongs to the first principles of the Gospel, in the last days. In relation to the kingdom of God, the devil always sets up his kingdom at the very same time in opposition to God. Every man who has a calling to minister to the inhabitants of the world was ordained to that very purpose in the Grand Council of heaven before this world was. I suppose that I was ordained to this very office in that Grand Council. It is the testimony that I want that I am God's servant, and this people His people. The ancient prophets declared that in the last days the God of heaven should set up a kingdom which should never be destroyed, nor left to other people; and the very time that was calculated on, this people were struggling to bring it out. He that arms himself with gun, sword, or pistol, except in the defense of truth, will sometime be sorry for it. I never carry any weapon with me bigger than my penknife. When I was dragged before the cannon and muskets in Missouri, I was unarmed. God will always protect me until my mission is fulfilled.
I calculate to be one of the instruments of setting up the kingdom of Daniel by the word of the Lord, and I intend to lay a foundation that will revolutionize the whole world. I once offered my life to the Missouri mob as a sacrifice for my people, and here I am. It will not be by sword or gun that this kingdom will roll on: the power of truth is such that all nations will be under the necessity of obeying the Gospel. The prediction is that army will be against army: it may be that the Saints will have to beat their ploughs into swords, for it will not do for men to sit down patiently and see their children destroyed.
My text is on the resurrection of the dead, which you will find in the 14th chapter of John—"In my Father's house are many mansions." It should be—"In my Father's kingdom are many kingdoms," in order that ye may be heirs of God and joint-heirs with me. I do not believe the Methodist doctrine of sending honest men and noble-minded men to hell, along with the murderer and the adulterer. They may hurl all their hell and fiery billows upon me, for they will roll off me as fast as they come on. But I have an order of things to save the poor fellows at any rate, and get them saved; for I will send men to preach to them in prison and save them if I can.
There are mansions for those who obey a celestial law, and there are other mansions for those who come short of the law, every man in his own order. There is baptism, &c., for those to exercise who are alive, and baptism for the dead who die without the knowledge of the Gospel.
I am going on in my progress for eternal life. It is not only necessary that you should be baptized for your dead, but you will have to go through all the ordinances for them, the same as you have gone through to save yourselves. There will be 144,000 saviors on Mount Zion, and with them an innumerable host that no man can number. Oh! I beseech you to go forward, go forward and make your calling and your election sure; and if any man preach any other Gospel than that which I have preached, he shall be cursed; and some of you who now hear me shall see it, and know that I testify the truth concerning them.
In regard to the law of the priesthood, there should be a place where all nations shall come up from time to time to receive their endowments; and the Lord has said this shall be the place for the baptisms for the dead. Every man that has been baptized and belongs to the kingdom has a right to be baptized for those who have gone before; and as soon as the law of the Gospel is obeyed here by their friends who act as proxy for them, the Lord has administrators there to set them free. A man may act as proxy for his own relatives; the ordinances of the Gospel which were laid out before the foundations of the world have thus been fulfilled by them, and we may be baptized for those whom we have much friendship for; but it must first be revealed to the man of God, lest we should run too far. "As in Adam all die, even so in Christ shall all be made alive;" all shall be raised from the dead. The Lamb of God hath brought to pass the resurrection, so that all shall rise from the dead.
God Almighty Himself dwells in eternal fire; flesh and blood cannot go there, for all corruption is devoured by the fire. "Our God is a consuming fire." When our flesh is quickened by the Spirit, there will be no blood in this tabernacle. Some dwell in higher glory than others.
Those who have done wrong always have that wrong gnawing them. Immortality dwells in everlasting burnings. I will from time to time reveal to you the subjects that are revealed by the Holy Ghost to me. All the lies that are now hatched up against me are of the devil, and the influence of the devil and his servants will be used against the kingdom of God. The servants of God teach nothing but principles of eternal life, by their works ye shall know them. A good man will speak good things and holy principles, and an evil man evil things. I feel, in the name of the Lord, to rebuke all such bad principles, liars, &c., and I warn all of you to look out whom you are going after. I exhort you to give heed to all the virtue and the teachings which I have given you. All men who are immortal dwell in everlasting burnings. You cannot go anywhere but where God can find you out. All men are born to die, and all men must rise; all must enter eternity.
In order for you to receive your children to yourselves you must have a promise—some ordinance; some blessing, in order to ascend above principalities, or else it may be an angel. They must rise just as they died; we can there hail our lovely infants with the same glory—the same loveliness in the celestial glory, where they all enjoy alike. They differ in stature, in size, the same glorious spirit gives them the likeness of glory and bloom; the old man with his silvery hairs will glory in bloom and beauty. No man can describe it to you—no man can write it.
When did I ever teach anything wrong from this stand? When was I ever confounded? I want to triumph in Israel before I depart hence and am no more seen. I never told you I was perfect; but there is no error in the revelations which I have taught. Must I, then, be thrown away as a thing of naught?
I enjoin for your consideration—add to your faith virtue, love, &c. I say, in the name of the Lord, if these things are in you, you shall be fruitful. I testify that no man has power to reveal it but myself—things in heaven, in earth and hell; and all shut your mouths for the future. I commend you all to God, that you may inherit all things; and may God add His blessing. Amen.
My brother Hyrum and Elder Lyman Wight also addressed the Saints.
My brother Hyrum received an anonymous letter, supposed to have been written by Joseph H. Jackson, threatening his life, and calling upon him to make his peace with God for he would soon have to die.
At 3 p.m. I attended prayer meeting in the council room. William Smith and Almon W. Babbitt were present. The room was full and we all prayed for deliverance from our enemies and exaltation to such offices as will enable the servants of God to execute righteousness in the earth.
I copy the following from the Times and Seasons:
FOR THE NEIGHBOR.
Nauvoo and President Smith.
Before taking my farewell of your beautiful and growing city, I avail myself of a few leisure moments in expressing some of my views and conclusions of the "Prophet Joe" and the Mormons. In the first place, allow me to say that the Mormons, as a people, have been most woe fully misrepresented and abused, and, in ninety-nine instances out of a hundred, by persons who know nothing of their principles and doctrines.
Before visiting the place, my mind was very much prejudiced against the Mormons, from reports which I had listened to in traveling through the different states; and I presume, if I had never taken occasion to inform myself of their religion and views, my mind would have remained in the same condition. There is not a city within my knowledge that can boast of a more enterprising and industrious people than Nauvoo. Her citizens are enlightened, and possess many advantages in the arts and sciences of the day, which other cities of longer standing cannot boast: in a word, Nauvoo bids fair to soon outrival any city in the West.
General Smith is a man who understands the political history of his country as well as the religious history of the world, as perfectly as any politician or religionist I have ever met with. He advances ideas which if carried into effect would greatly benefit the nation in point of commerce and finance; and while he maintains and philosophically shows that our country is approaching a fearful crisis, which, if not arrested, will end in disgrace to the country, and cause our national banner to hug its mast in disgust and shame, clearly points out the remedy.
Shall the liberty which our fathers purchased at so dear a price be wrenched from the hand of their children? Shall our national banner, which floated so proudly in the breeze at the Declaration of Independence, be disgraced and refuse to show its motto? Shall we, as American citizens, fold our arms and look quietly on, while the shackles of slavery are being fastened upon our hands, and while men only seek office for the purpose of exalting themselves into power? I say, shall we still rush blindly on and hasten on our own destruction by placing men in power who neither regard the interests of the people nor the prayers of the oppressed? Every American citizen will shout at the top of his voice—no!
Mr. Smith's "Views of the Powers and Policy of the Government" manifest a Republican spirit, and if carried out, would soon place the nation in a prosperous condition and brighten the prospects of those who now toil so incessantly to support the profligate expenditures and luxurious equipage of the present rulers and representatives of our nation.
Joseph Smith is a man who is in every way calculated to make a free people happy. He is liberal in his sentiments and allows every man the free expression of his feelings on all subjects; he is sociable and easy in his manners, is conversant and familiar on all exciting topics, expresses himself freely and plainly on the different methods of administering the Government, while he is not ashamed to let the world know his views and criticize upon his opinions.
I am, sir, in no way connected with the Mormon Church, but am disposed to listen to reason in all cases. I have heretofore been a warm advocate of the measures of the Whig party; but, considering General Smith's views and sentiments to be worthy the applause of every citizen of the United States, and especially the yeomanry of the country, I shall in every instance advocate his principles and use my utmost influence in his favor. I am, sir, yours in haste,
AN AMERICAN.
NAUVOO MANSION, May 12, 1844.
Monday 13.—Heavy thunder showers during the night. At 10 a.m. went to my office and conversed with several of the brethren. Sold Ellis M. Sanders one hundred acres of land, received $300 in cash, and his note for $1,000, and $20 for the Temple. Paid Sisson Chase $298 and took up a note of Young, Kimball & Taylor, given for money they had borrowed for me; and gave $10 to Heber C. Kimball.
At 2 p.m. attended meeting of the general council, at which the following letter from Orson Hyde was read:
Letter: Elder Orson Hyde's Report of Labors in Washington: President Smith's Memorial for Western Movement Before Congressmen.
WASHINGTON, April 25, 1844.
HONORED SIR:—I take the liberty to transmit through you to the council of our Church the result of my labors thus far. I arrived in this place on the 23rd instant, by way of Pittsburgh, Philadelphia, and New Jersey.
I found Elder Orson Pratt here, Elder Page having been called home to Pittsburgh on account of his wife's ill health. Elder Orson Pratt has been indefatigable in his exertions in prosecuting the business entrusted to his charge. His business has been before the Senate, and referred to the Committee on the Judiciary; and the report of said committee is not yet rendered, which is the cause of his delay in writing to you.
Yesterday we conversed with Messrs. Hoge, Hardin, Douglas and Wentworth; and last evening we spent several hours with the Hon. Mr. [James] Semple.[[1]] They all appear deeply interested in the Oregon question, and received us with every demonstration of respect that we could desire. Mr. Hoge thought the bill would not pass, from the fact that there already exists between England and America a treaty for the joint occupancy of Oregon, and that any act of our government authorizing an armed force to be raised, and destined for that country, would be regarded by England as an infraction of that treaty, and a cause of her commencing hostilities against us.
But my reply was: These volunteers are not to be considered any part or portion of the army of the United States, neither acting under the direction or authority of the United States; and, said I, for men to go there and settle in the character of emigrants cannot be regarded by our government as deviating in the least degree from her plighted faith, unless she intends to tamely submit to British monopoly in that country.
Mr. Hoge said he would present the memorial, if we desired it. I thanked him for his kind offer, but observed that I was not yet prepared for the bill to be submitted, but wished to elicit all the facts relative to the condition of Oregon, and also advise with many other members relative to the matter; and we could better determine then how the bill should be introduced. We do not want it presented and referred to a standing committee, and stuck away with five or ten cords of petitions, and that be the last of it; but we want the memorial read, a move made to suspend the rules of the House, and the bill printed, &c.
Mr. Wentworth said, "I am for Oregon, any how. You may set me down on your list, and I will go for you if you will go for Oregon."
Judge Douglas has been quite ill, but is just recovered; he will help all he can; Mr. Hardin likewise. But Major Semple says that he does not believe anything will be done about Texas or Oregon this session, for it might have a very important effect upon the presidential election; and politicians are slow to move when such doubtful and important matters are likely to be effected by it. He says that there are already two bills before the House for establishing a territorial government in Oregon, and to protect the emigrants there; and now, he says, "Were your bill to be introduced, it might be looked upon that you claimed the sole right of emigrating to and settling the new country to the exclusion of others. He was in favor of the Oregon being settled, and he thought the bills already before the House would extend equal protection to us; and equal protection to every class of citizens was what the Government could rightly do, but particular privileges to any one class they could not rightly do."
I observed that the bill asks for no exclusive rights. It asks not for exclusive rights in Oregon, neither do we wish it. Other people might make a move to Oregon, and no prejudices bar their way, and their motives would not be misinterpreted.
But, said I, Missouri knows her guilt; and should we attempt to march to Oregon without the government throwing a protective shield over us, Missouri's crimes would lead her first to misinterpret our intentions, to fan the flame of popular excitement against us, and scatter the firebrands of a misguided zeal among the combustible materials of other places, creating a flame too hot for us to encounter—too desolating for us to indulge the hope of successfully prosecuting the grand and benevolent enterprise we have conceived.[[2]] We have been compelled to relinquish our rights in Missouri. We have been forcibly driven from our homes, leaving our property and inheritances as spoil to the oppressor; and more or less in Illinois we have been subject to the whims and chimeras of illiberal men, and to threats, to vexatious prosecutions and lawsuits.
Our government professes to have no power to help us, or to redress the wrongs which we have suffered; and we now ask the government to protect us while raising our volunteers. And when we get into Oregon we will protect ourselves and all others who wish our protection. And after subduing a new country, encountering all its difficulties and hardships, and sustaining the just claims of our nation to its soil, we believe that the generosity of our government towards us will be equal to our enterprise and patriotism; and that they will allow us a grant or territory of land, which will be both honorable to them and satisfactory to us.
This, he says, is all very just and reasonable. But still he thinks that Congress will take no step in relation to Oregon, from the fact that his resolution requesting the President of the United States to give notice to the British Government for the abolition of the treaty of joint occupation was voted down; and while that treaty is in force, our government dare do nothing in relation to that country. This resolution was introduced by Mr. Semple to pave the way for the passage of those bills in relation to a territorial government in Oregon.
All our members [Illinois delegation] join in the acknowledgment that you now have an undoubted right to go to Oregon with all the emigrants you can raise. They say the existing laws protect you as much as law can protect you; and should Congress pass an additional law, it would not prevent wicked men from shooting you down as they did in Missouri. All the Oregon men in Congress would be glad we would go to that country and settle it.
I will now give you my opinion in relation to this matter. It is made up from the spirit of the times in a hasty manner, nevertheless I think time will prove it to be correct:—That Congress will pass no act in relation to Texas or Oregon at present. She is afraid of England, afraid of Mexico, afraid the Presidential election will be twisted by it. The members all appear like unskillful players at checkers—afraid to move, for they see not which way to move advantageously. All are figuring and play round the grand and important questions. In the days of our Lord the people neglected the weightier matters of the law, but tithed mint, rue, anise and cumin; but I think here in Washington they do little else than tithe the mint.
A member of Congress is in no enviable situation; if he will boldly advocate true principles, he loses his influence and becomes unpopular; and whoever is committed and has lost his influence has no power to benefit his constituents, so that all go to figuring and playing around the great points.
Mr. Semple said that Mr. Smith could not constitutionally be constituted a member of the army by law; and this, if nothing else, would prevent its passage. I observed that I would in that case strike out that clause. Perhaps I took an unwarrantable responsibility upon myself; but where I get into a straight place I can do no better than act according to what appears most correct.
I do not intend the opinion that I have hastily given shall abate my zeal to drive the matter through, but I have given the opinion for your benefit that your indulgence of the hope that Congress will do something for us may not cause you to delay any important action.
There is already a government established in Oregon to some extent; magistrates have been chosen by the people, &c. This is on the south of the Columbia. North of that river the Hudson Bay Company occupy. There is some good country in Oregon, but a great deal of sandy, barren desert. I have seen a gentleman who has been there, and also in California.
The most of the settlers in Oregon and Texas are our old enemies, the mobocrats of Missouri. If, however, the settlement of Oregon and Texas be determined upon, the sooner the move is made the better; and I would not advise any delay for the action of our government, for there is such jealousy of our rising power already, that government will do nothing to favor us. If the Saints possess the kingdom I think they will have to take it; and the sooner it is done the more easily it is accomplished.
Your superior wisdom must determine whether to go to Oregon, to Texas, or to remain within these United States, and send forth the most efficient men to build up churches, and let them remain the time being; and in the meantime send some wise men among the Indians, and teach them civilization and religion, to cultivate the soil, to live in peace with one another and with all men. But whatever you do, don't be deluded with the hope that government will foster us and thus delay an action for which the present perhaps is the most proper time that ever will be.
Oregon is becoming a popular question: the fever of emigration begins to rage. If the Mormons become the early majority, others will not come; if the Mormons do not become the early majority, the others will not allow us to come.
Elder Pratt is faithful, useful and true; he has got the run of matters here very well, and is with me in all my deliberations, visitings, &c.
Major Semple goes with us this evening to introduce us to the President and to view the White House.
My heart and hand are with you. May heaven bless you and me. As ever, I am
ORSON HYDE.
To the Council of the Church of Jesus Christ of Latter-day Saints.
Also the following letter:
Letter: Orson Hyde's Second Letter from Washington Anent the Western Movement of the Church—the Probable Route.
WASHINGTON, April 26, 1844.
DEAR SIR:—Today I trouble you with another communication, which you will please have the goodness to lay before our council.
We were last evening introduced to the President at the White House by the politeness of Major Semple, where we spent an hour very agreeably. The President is a very plain, homespun, familiar, farmer-like man. He spoke of our troubles in Missouri, and regretted that we had met with such treatment. He asked us how we were getting along in Illinois. I told him that we were contending with the difficulties of a new country, and laboring under disadvantageous consequences of being driven from our property and homes in Missouri.
We have this day had a long conversation with Judge Douglas. He is ripe for Oregon and the California. He said he would resign his seat in Congress if he could command the force that Mr. Smith could, and would be on the march to the country in a month.
I learn that the eyes of many aspiring politicians in this place are upon that country, and that there is so much jealousy between them that they will probably pass no bill in relation to it. Now all these politicians rely upon the arm of the government to protect them there; and if government were to pass an act establishing a Territorial Government west of the Rocky Mountains there would be at once a tremendous rush of emigration; but if government pass no act in relation to it, these men have not stamina or sufficient confidence in themselves and their own resources to hazard the enterprise.
The Northern Whig members are almost to a man against Texas and Oregon; but should the present administration succeed in annexing Texas, then all the Whigs would turn around in favor of Oregon; for if Texas be admitted slavery is extended to the South; then free states must be added to the West to keep up a balance of power between the slave and the free states.
Should Texas be admitted, war with Mexico is looked upon as inevitable. The Senate have been in secret session on the ratification of the treaty of annexation; but what they did we cannot say. General Gaines who was boarding at the same house with Judge Douglas, was secretly ordered to repair to the Texan frontier four days ago, and left immediately. I asked Judge Douglas if that did not speak loud for annexation. He says no. Santa Anna, being a jealous, hot-headed pate, might be suspicious the treaty would be ratified by the Senate, and upon mere suspicion might attempt some hostilities, and Gaines has been ordered there to be on the alert and ready for action, if necessary. Probably our navy will in a few days be mostly in the Gulf of Mexico.
There are many powerful checks upon our government, preventing her from moving in any of these important matters; and for aught I know these checks are permitted to prevent our government from extending her jurisdiction over the territory which God designs to give to His Saints. Judge Douglas says he would equally as soon go to that country without an act of Congress as with; "and that in five years a noble state might be formed; and then if they would not receive us into the Union, we would have a government of our own." He is decidedly of the opinion that Congress will pass no act in favor of any particular man going there; but he says if any man will go and desires that privilege, and has confidence in his own ability to perform it, he already has the right, and the sooner he is off the better for his scheme.
It is the opinion here among politicians that it will be extremely difficult to have any bill pass in relation to the encouragement of emigration to Oregon; but much more difficult to get a bill passed designating any particular man to go. But all concur in the opinion that we are authorized already.
In case of a removal to that country, Nauvoo is the place of general rendezvous. Our course from thence would be westward through Iowa bearing a little north until we came to the Missouri River, leaving the state of Missouri on the left, thence onward, until we came to the Platte, thence up the north fork of the Platte to the mouth of the Sweetwater river in longitude 107 degree, 45 W.; and thence up said Sweetwater river to the South Pass of the Rocky Mountains, about eleven hundred miles from Nauvoo; and from said South Pass, in latitude 42 degrees 28 north, to the Umpqua and Klamet valleys in Oregon, bordering on California, is about six hundred miles, making the distance from Nauvoo to the best portions of Oregon one thousand seven hundred miles.
There is no government established there; and it is so near California that when a government shall be established there, it may readily embrace that country likewise. There is much barren country, rocks and mountains in Oregon; but the valleys are very fertile. I am persuaded that Congress will pass no act in relation to that country, from the fact that the resolution requesting the President to give notice to the British Government for the discontinuance of the treaty of joint occupation of Oregon was voted down with a rush; and this notice must be given before any action can be had unless Congress violates the treaty; at least so say the politicians here.
Judge Douglas has given me a map of Oregon, and also a report on an exploration of the country lying between the Missouri river and the Rocky Mountains on the line of the Kansas and great Platte rivers, by Lieut. J. C. Fremont, of the corps of Topographical Engineers. On receiving it I expressed a wish that Mr. Smith could see it. Judge Douglas says "It is a public document, and I will frank it to him." I accepted his offer, and the book will be forthcoming to you. The people are so eager for it here that they have even stolen it out of the library. The author is Mr. Benton's son-in-law.[[3]] Judge Douglas borrowed it of Mr. Benton. I was not to tell any one in this city where I got it. The book is a most valuable document to any one contemplating a journey to Oregon. The directions which I have given may not be exactly correct, but the book will tell correctly. Judge Douglas says he can direct Mr. Smith to several gentlemen in California who will be able to give him any information on the state of affairs in that country: and when he returns to Illinois, he will visit Mr. Smith.
Brother Pratt and myself drafted a bill this morning, and handed it into the committee on the judiciary from the Senate, asking an appropriation of two million dollars for the relief of the sufferers among our people in Missouri in 1836-9, to be deposited in the hands of the City Council of Nauvoo, and by them dealt out to the sufferers in proportion to their loss. We intend to tease them until we either provoke them or get them to do something for us. I have learned this much—that if we want Congress to do anything for us in drawing up our memorial, we must not ask what is right in the matter, but we must ask what kind of a thing will Congress pass? Will it suit the politics of the majority? Will it be popular or unpopular? For you might as well drive a musket ball through a cotton bag, or the Gospel of Christ through the heart of a priest, case-hardened by sectarianism, bigotry and superstition, or a camel through the eye of a needle, as to drive anything through Congress that will operate against the popularity of politicians.
I shall probably leave here in a few days, and Brother Pratt will remain. I go to get money to sustain ourselves with.
I shall write again soon, and let you know what restrictions, if any, are laid upon our citizens in relation to passing through the Indian Territories. I shall communicate everything I think will benefit. In the meantime, if the council have any instructions to give us, we shall be happy to receive them here or at Philadelphia.
John Ross is here; we intend to see him. It is uncertain when Congress rises. It will be a long pull, in my opinion. As ever, I am, yours sincerely,
ORSON HYDE.
P.S.—Elder Pratt's best respects to the brethren.
Willard Richards was instructed to answer the above letters, and Elders Lyman Wight and Heber C. Kimball were instructed to carry the answers.
Council adjourned at 6 p.m.
The steamer Maid of Iowa returned from Rock River with four hundred bushels of corn, and two hundred bushels of wheat, which had been purchased for the Temple. At 8 p.m. I went on board with Dr. Willard Richards, and visited Captain Dan Jones.
I insert a letter which I received from Henry Clay:
Letter: Henry Clay to the Prophet.
ASHLAND, November 15, 1843.
DEAR SIR.—I have received your letter in behalf of the Church of Jesus Christ of Latter-day Saints, stating that you understand that I am a candidate for the presidency, and inquiring what will be my rule of action relative to you as a people should I be elected.
I am profoundly grateful for the numerous and strong expressions of the people in my behalf as a candidate for president of the United States; but I do not so consider myself. That must depend upon future events and upon my sense of duty.
Should I be a candidate, I can enter into no engagements, make no promises, give no pledge to any particular portion of the people of the United States. If I ever enter into that high office I must go into it free and unfettered, with no guarantees but such as are to be drawn from my whole life, character and conduct.
It is not inconsistent with this declaration to say that I have viewed with lively interest the progress of the Latter-day Saints; that I have sympathized in their sufferings under injustice, as it appeared to me, which have been inflicted upon them; and I think, in common with other religious communities, they ought to enjoy the security and protection of the Constitution and the laws.
I am, with great respect, your friend and obedient servant,
H. CLAY.
To Joseph Smith, Esq.
The Prophet's Answer to Clay's Letter.
[Under the date of the Journal's entry here being followed, May 13, 1844, President Smith sent a reply to the above eminent statesman's letter, taking him severely to task for his evident desire to be non-committal with reference to the problem presented by the wrongs which had been inflicted upon the Latter-day Saints by Missouri. Vexed by remembrance of the cruelty and injustice endured by the Saints in Missouri and the general indifference to their suffering among public men, the letter was written in a caustic and, at times, vehement vein.]
I instructed Thomas Bullock to take charge of the books of the Maid of Iowa and go on board as clerk.
Tuesday, 14.—Rode out about 7 a.m. The Maid of Iowa started for St. Louis at 8:30 a.m.
This afternoon, Mr. Reid, my old lawyer[[4]] gave a lecture on the stand, relating the history of some of my first persecutions. I spoke after he closed, and continued my history to the present time, relating some of the doings of the apostates in Nauvoo.
At 4 p.m. prayer meeting; few present. Prayed for Elder Woodworth's daughter, who was sick. Elder Lyman Wight was present.
Wednesday, 15.—At home; much rain through the day; river rising rapidly. Mr. Adams, son of John Quincy Adams, with Dr. Goforth, called to see me at the Mansion.
At 5 p.m. went to my office, and heard my letter to Mr. Clay read. At 7 p.m. rode to the upper landing with Mr. Adams.
I insert the following from the Times and Seasons:
STATUS OF AFFAIRS AT NAUVOO.
We take pleasure in announcing to the Saints abroad that Nauvoo continues to flourish, and the little one has become a thousand. Quite a number of splendid houses are being erected, and the Temple is rapidly progressing, insomuch that there is one universal expectation that before next winter closes in upon us the cap-stone will have been raised and the building enclosed.
The Saints continue to flock together from all parts of the widespread continent and from the islands of the sea. Three ship's companies have arrived this spring from England, and are now rejoicing in the truths of the everlasting Gospel.
The Prophet is in good health and spirits, and unwearied in his anxiety and labors to instruct the Saints in the things of God and the mysteries of the Kingdom of Jesus Christ. Indeed we may truly say that those who come to scoff remain to pray.
Many have come here filled with prejudice and strange anticipations, but have been convinced that report with her thousand tongues is false, and have almost invariably left a testimony behind them. Instead of finding Mr. Smith the cunning, crafty, and illiterate character that he had been represented to be, they have found in him the gentleman and scholar—open, generous, and brave.
But it is his immediate connections and associates alone that can appreciate his virtues and his talents. While his face is set as a flint against iniquity from every quarter, the cries of the oppressed ever reach his heart, and his hand is ever ready to alleviate the sufferings of the needy.
A few heartless villains can always be found who are watching for his downfall or death; but the Lord has generally caused them to fall into their own pit, and no weapon formed against him has prospered. One or two disaffected individuals have made an attempt to spread dissension; but it is like a tale that is nearly told, and will soon be forgotten.
It was first represented as a monster calculated to spread desolation around; but we are credibly informed by a person who attended their first meeting, that there was much difficulty in raising a committee of seven, for there was some objection to Father—; but as none could be found to fill the vacuum, he constituted one of the seven stars!
It will be unnecessary for us to say much about those luminaries of the last days, as they shine forth in their true colors in our columns this week in the trial of President Smith. But to say anything by way of warning to the brethren abroad would resemble the "ocean into tempest tossed, to waft a feather or drown a fly." "By their fruits ye shall know them. Do men gather grapes of thorns or figs of thistles?"
The glad tidings of salvation and the fullness of the Gospel are fast spreading from city to city and from nation to nation. The little stone will still increase till the knowledge of God covers the earth and righteousness and truth extend from pole to pole.
I copy from the Neighbor:
WITHDRAWAL OF WILLIAM SMITH AS CANDIDATE FOR THE LEGISLATURE.
To the Friends and Voters of Hancock County: Elder William Smith (late representative) wishes to say to the friends and voters of Hancock county, that in consequence of the sickness of his family, now in the hands of a doctor in the city of Philadelphia, he relinquishes the idea of offering himself as a candidate for a seat in the next Legislature of Illinois; but, as a matter of the highest consideration, would recommend his brother Hyrum Smith as a suitable and capable person to fill that office and worthy of the people's confidence and votes.
We know of no person that would be more qualified to fill his station than General Hyrum Smith (his, William's, brother). We are not informed whether the General will accept of the office or not. If he will, we don't know of any gentleman in Hancock county who would be more competent. General Smith is a man of sterling integrity, deep penetration and brilliant talents. He is well versed in politics and as unchangeable as the everlasting hills. He is a man of probity and virtue, and an unwavering patriot.
If General Hyrum Smith will allow his name to be brought forth, we go it for him; and we know from the confidence and respect that are entertained for him as a gentleman and a patriot, he will be elected. What say you, General?
Thursday, 16.—Went to my office at 8 a.m., and heard a letter written by Elder Willard Richards, in behalf of the council to Elders Orson Hyde and Orson Pratt at Washington.
I ordered the Municipal Court to meet at one p.m. and spent the morning in reading.
Session of Municipal Court—Case of Jeremiah Smith.
At one p.m. I presided in Municipal Court. The case of Jeremiah Smith, Sen., who had been arrested by Jones on the charge of procuring money under false pretenses, came up on habeas corpus. The complainant, T. B. Johnson, by his counsel, Chauncey L. Higbee, asked for and obtained an adjournment for one week in order to procure witnesses. The petitioner by his counsel, George P. Stiles, objected to the plea, supposing the prosecuting party always ready for a trial. The court decided that it was an important case, and it was not best to be in haste; and if the prisoner is discharged on the merits of the case after a full investigation, he goes free forever. The majority of the court decided to adjourn until Thursday next.
I was about home the rest of the day and read in the Neighbor the report of the trial in the Municipal Court on the 8th inst.
The following appears in the Times and Seasons:
LETTER: WILLIAM CLAYTON DESCRIBING THE FARCICAL PROCEEDINGS OF THE COURT AT DIXON IN THE CASE OF JOSEPH SMITH VS. JOSEPH H. REYNOLDS OF MISSOURI AND HARMON T. WILSON.
DEAR SIR.—I have just returned from the north part of this state, where I have been on business for our beloved President Joseph Smith; and it feels so good to breathe the pure air of liberty and friendship after spending some three or four days in a swamp, or rather a slough of religious prejudice and political hypocrisy, which are equally nauseous and offensive, that I cannot let this opportunity pass without giving vent to some of my feelings in regard to what passed while I remained at Dixon, on Rock River.
My principle business was to appear in the Lee county Circuit Court as a witness in the case of Joseph Smith, vs. Joseph H. Reynolds and Harmon T. Wilson, for false imprisonment and using unnecessary force and violence in arresting the plaintiff.
A plea had been entered in this suit by this counsel for the defendants, to which the counsel for the plaintiff demurred. The demurrer was argued on Wednesday morning, the 8th inst., and the parties finally joined issue on the charge of using unnecessary force and violence; and the court gave permission, by consent of the bar, to proceed with the trial, but the counsel not being fully prepared, it was laid over until the following morning, the 9th inst.
On Thursday morning, after the usual preliminaries of opening court, the above case was called up for trial, and the clerk ordered to impanel a jury; and here, sir, a scene took place which ought to make every honest American citizen blush and weep for the credit and honor of his country and laws. A number of men were called up, and when questioned as to whether they had previously expressed opinions in relation to the suit now pending, nearly the whole answered in the affirmative. The further question was then put as to whether they had any prejudice against either of the parties; to which a great majority replied they had against Smith. They were then questioned as to what their prejudice had reference—his religious sentiments, or general course of conduct. The greater part replied, to his religious sentiments; and the remainder said they were opposed to his general course of conduct.
About twenty men had to be called upon, one after another, out of the number the court finally selected twelve as competent jurors though the majority of these decidedly expressed their feelings of prejudice against the plaintiff. They were, however, accepted on the ground that they said they thought they could do justice to both parties, although some of them expressed a doubt whether they could do justice or not.
The jury being sworn, the court, or rather the counsel, proceeded to examine the witnesses on the part of the plaintiff, which occupied nearly the whole day. But little of the real matter of fact could be set before the court on account of their being confined to the charge of unnecessary force and violence; but this was proven in the clearest point of light.
I must refer to the testimony of old Mr. Dixon, whose silvery locks seem to tell an age of many years. His evidence related to the circumstance of the Missouri sheriff refusing for a length of time to give the plaintiff the privilege of habeas corpus, and threatening to drag him to Missouri in fifteen minutes from the time they arrived at Dixon. The old gentleman seemed to tremble with indignation while relating the simple facts as they transpired at the time; and, like a true lover of his country, appeared proud of the privilege of telling those men that the citizens of Dixon would not suffer themselves to be disgraced by permitting them to drag away a citizen of this state to a foreign state for trial without the privilege of a trial by habeas corpus—a privilege which is guaranteed to every individual under like circumstances, and especially when it was understood that he was to be dragged to Missouri, amongst a people whose hands are yet dripping with the blood of murdered innocence, and who thirst for the blood of General Joseph Smith as the howling wolf thirsts for his prey. Surely such a picture would melt the heart of anything but an adamantine. There are those, and men too who profess to be the followers of the Lord Jesus Christ, who can hear such things and still wish the Missourians had got General Smith to Missouri to murder him without judge or jury, and surely they are no better than murderers themselves, and only lack the opportunity to make them shedders of innocent blood.
After the evidence was through on the part of the plaintiff, the witness for the defense was examined, which only occupied a few minutes. The arguments were then advanced on both sides, during which time I could not help noticing how apt the respectable gentleman of the opposite counsel was to sing the song of "old Joe Smith," &c., which might appear very gentlemanly in his mind, but to me it seemed as contemptible as the voice of a stupid ass, or the tongue of slander.
Finally the case was submitted to the jury, who were charged by the court, and then ordered to retire and bring in a sealed verdict the following morning at nine o'clock. Friday morning came and with it the verdict, and it proved to be in favor of the plaintiff and against the defendants for forty dollars and costs of suit. I confess I was astonished when I heard it, and could not help thinking that prejudice sometimes overrules justice even in the jury box. I could not help comparing the results of this trial with one which came off the day previous, wherein a certain person complained of another for destroying his cow by setting his dogs on the animal until they worried her. It appeared the cow of the plaintiff had seen fit to break into the defendant's lot without asking leave, and the defendant, or rather his men, not liking such treatment, set the dogs on her and destroyed her. Well, the result of this trial was a verdict of damages for the plaintiff of thirty dollars and costs!
Now, sir, compare the two cases. On the one hand here is a citizen of the United States near two hundred miles from his home and his friends; he is on a visit with his family, not dreaming of danger or difficulty. Two men—or rather wolves in sheep's clothing—for it is a fact that when Wilson and Reynolds made inquiry for General Smith at Dixon at the time of the arrest, they said they were "Mormon Elders," and wanted to see President Smith, &c.—two men, I say, while he is thus enjoying himself with his family, came upon him with each a loaded pistol in his hand, and threatened to shoot him dead if he offered the least resistance, although no resistance had been offered. They then began to haul him about; and when he asked them what they wanted with him, and what was their authority, they replied they were going to take him to Missouri; and jamming their pistols at his side, swore that was their authority. He requested them to let him go into the house to bid his family good-by; but this they positively refused, not even giving him the privilege to get his hat. They then forced him into the wagon and placing themselves one on each side, with a loaded pistol pressed close against his side, and repeatedly striking him with them, so as to make him lame and sore for two weeks afterwards, they drove him to Dixon, and ordered horses ready in fifteen minutes to drag him among his murderers, and otherwise abused, insulted, threatened, and treated him in the cruelest manner possible, filling his family with the most excruciating pangs, and rending the heart of his beloved companion with grief to witness their ferocious cruelty, not knowing but his life would be sacrificed before morning; and finally pursued their persecutions until it cost him from $3,500 to $5,000 expenses; and all this without a cause; and when he sues for justice against these men he obtains damages to the amount of forty dollars!
On the other hand, a man loses a cow which had broke into his neighbor's lot, and he obtained damages to the amount of thirty dollars.
Now, sir, if this is not the effects of prejudice amounting to oppression, then I am no judge of right and wrong. I am very much inclined to think that if General Joseph Smith or any of his friends had treated any citizen of this state or any other state in the manner he was treated by these men, and they had sued for damages as he did, the case would have terminated very differently. However, so it is.
The idea of a man yielding to such a degree of prejudice as to render him incapable of executing justice between man and man, merely from rumor and report, is to me perfectly ridiculous and contemptible, as well as wicked and unjust. And when a man is all the day long boasting of the rights and privileges guaranteed to every citizen of the United States under the Constitution and laws, and at the same time is so prejudiced against one of the most peaceable citizens that he does not know whether he can render him justice in a court of equity, but would rather strengthen the hands of mobocrats and law-breakers, the inference that one must naturally draw is that such a man is a consummate scoundrel and hypocrite, or that he is guilty of the most flagrant violation of the most sacred constitutional principles embraced in the fundamental doctrines of this republic. I am happy, sir, to have evidence daily that no such corrupt prejudice exists in the heart of General Joseph Smith, nor in the community, so far as I have been able to discover.
Now, as to the exceptions these men have taken in regard to General Smith's religious views or general course of conduct, it matters not much. His religious views are his inalienable right, and are nobody's business; and the man who cannot render him justice on that account is a wilful violator of the laws he professes to admire; and, sir, I have for more than two years last past been a close observer of General Smith's general course of conduct, as well as his private life; and justice to him, to myself, and the community at large, compels me to say that, in all my intercourse with men, I never associated with a more honorable, upright, charitable, benevolent, and law-abiding man than is the much persecuted General Smith; and, sir, when I hear men speak reproachfully of him, I never ask for a second evidence of their corruptness and baseness. General Smith, sir, is a man of God, a man of truth, and a lover of his country; and never did I hear him breathe out curses or raillery at any man because he saw fit to differ in religious matters. Shame on the principle—shame on the man or set of men who show themselves so degraded and miserably corrupt.
The last night of our stay at Dixon, I had the privilege of speaking on the principles of my religion to a number of individuals in a kind of argument with two men; and, sir, although it is near some four years since I have made a practice of preaching, it felt as sweet as ever. Truth to an honest heart is sweet, but to a wicked man is like a piercing sword, as was manifest on that occasion; for although the principles of the Gospel were laid down so plain and clear that it was impossible to misunderstand, yet the opposing party repeatedly misconstrued my language, and even his own admission.
I cannot persuade myself that the prejudice referred to above is a general thing. There are many honorable exceptions, and I presume if the Mormons had signified their intentions of supporting the Democratic candidate for the presidency at the ensuing election, instead of nominating an independent candidate of their own choice, their prejudice would not have been so great at the trial of Reynolds and Wilson, and perhaps General Smith would have obtained a judgment somewhat equivalent to the injuries he sustained from that unholy prosecution. But the Mormon people are too noble-minded to be bought or biased by fear or favor, and have been too often deceived by the plausible pretensions of demagogues to put trust in any but tried friends. General Smith has ever been an undeviating friend, not only to this community, but to the oppressed of every name or society, and we consider him as competent and qualified for the highest office of the United States as any other man, and a little more so; and a great deal more worthy of it.
In conclusion, let me say that whatever others may say, I consider, it an honor to be associated with such a man as General Joseph Smith, and all true followers of the Lord Jesus Christ; and the more wicked men despise and misrepresent the principles and conduct of President Smith, the more I love him and delight in his society; and this I can do without prejudice or animosity against any man or set of men. I believe in the broad principle of equal rights and privileges, so far as religion or politics are concerned; and while I seek to enjoy my religion according to the knowledge in me, I will interfere with the rights of no man, nor persecute because my neighbor does not think as I do.
A multitude of business compels me to close, and I must forbear. I have the honor to be your brother in the everlasting covenant.
WILLIAM CLAYTON.
NAUVOO, May 16, 1844.
From the Neighbor:—
STEAMBOAT ELECTION.
On the last upward voyage of the Osprey from St. Louis to this place as usual, the merits of the several candidates for the next Presidential election were discussed. A vote was taken, and the following was the state of the polls as handed to us by a gentleman who came as passenger:—
General Joseph Smith, 26 gentlemen, 3 ladies.
Henry Clay, 6 gentlemen, 2 ladies.
Van Buren, 2 gentlemen, 0 ladies.
The ladies are altogether forsaking Van Buren, and the gentlemen as a matter of course are following after. There is a wonderful shrinkage Henry Clay, but the General is going it with a rush. Hurrah for the General!