History of the Church of Jesus Christ of Latter-day Saints, Volume 5

by Church of Jesus Christ of Latter-day Saints; Jr. Joseph Smith

VALEDICTORY.

I beg leave to inform the subscribers of the Times and Seasons that it is impossible for me to fulfill the arduous duties of the editorial department any longer. The multiplicity of other business that daily devolves upon me renders it impossible for me to do justice to a paper so widely circulated as the Times and Seasons. I have appointed Elder John Taylor, who is less encumbered and fully competent to assume the responsibilities of that office, and I doubt not that he will give satisfaction to the patrons of the paper. As this number commences a new volume, it also commences his editorial career.

JOSEPH SMITH.

Elder Taylor proceeded to his duties as editor.

Elder Bradley Wilson died suddenly in his 74th year. He received the gospel in Ohio, removed his family to Missouri, and was driven to Nauvoo in 1839. He has left seven sons and thirty-nine grand-children residing in Nauvoo.

Wednesday, 16—About home. In the evening started on a journey to the counties north, in company with John D. Parker.

Thursday, 17.—There was a severe snow storm, and Elder Alpheus Harmon (who was just returning from a mission), and another man, were frozen to death on the prairie between Nauvoo and Carthage. The Mississippi was frozen over, which fulfilled my prophecy of the 5th instant.

Vote to Suspend the Millennial Star.

Monday, 21.—A Council of the Twelve, namely, Brigham Young, Heber C. Kimball, Wilford Woodruff, John Taylor, George A. Smith, Amasa Lyman, and Willard Richards, assembled at the house of Elder Heber C. Kimball, in Nauvoo, and decided by unanimous acclamation that the printing of the Millennial Star and all other publications in England relating to the Church of Jesus Christ of Latter-day Saints be suspended, on the return of Elder Parley P. Pratt from that country, until further instruction from the quorum; and that the foregoing minutes be forwarded to Elder Pratt or to the editor of the Star, which was done by letter from the president and clerk of the council.

Tuesday, 22.—I arrived at home, after a pleasant outing, in good health and spirits.

Wednesday, 23.—At home all day.

Disaster on the Island of Madeira.

Thursday, 24.—By report of the papers, the island of Madeira was visited by a dreadful storm. The summer was hot and weather fine till the 15th, when the rain commenced falling heavily and continued to the 24th. At one o'clock in the afternoon the water fell in torrents, the sky became dark, the streets in the capital became inundated, and the affrighted inhabitants in town and country fled to the mountains. Upwards of two hundred houses were destroyed at Funchal, and much corn and wine. The damage to lives, houses, and crops on the island, and boats in the harbors was incalculable.

Saturday, 26.—At home in the morning. At ten, met in city council, which resolved that the inscription for the seal to be procured for the municipal court of this city shall consist of a circle, including the words "Municipal Court, City of Nauvoo," within which is to be a book circled with rays, on which is to be inscribed the words "Constitution and Charter."

Wrote as follow:—

Letter of the Prophet to H. R. Hotchkiss—Land Purchase Contract Considered.

NAUVOO, November 26, 1842.

Horace R. Hotchkiss, Esq.

DEAR SIR:—Yours of the 8th instant to Sidney Rigdon has been received; and, in consequence of his not knowing anything concerning the matters therein mentioned, or being in any way connected or interested in my affairs, he of course, has handed the letter to me, which I shall proceed to answer.

And, sir, permit me to say, on the subject of the deal between myself, as Trustee-in-Trust for the Church of Latter-day Saints, and you, that I am as anxious as ever to have the contract continue good between us, and to meet the obligations specified in the contract. I am not, neither have I ever been, wishful to shrink from it in any manner whatever, but intend to make payments as fast as my circumstances will admit.

But, sir, you are not unacquainted with the extreme hardness of the times and the great scarcity of money, which put it out of my power to meet all the payments as they fell due, and which has been the only cause of any failure on my part; and should you feel disposed not to press the payments, but offer a lenity equivalent to the state of the times, then, sir, I shall yet endeavor to make up the payments as fast as possible, and consider the contract as still good between us.

I would here say that when I found it necessary to avail myself of the benefits of the bankrupt law, I knew not but that the law required of me to include you amongst the list of my creditors, notwithstanding the nature of the contract between us. This explains the reason of my doing so.

I have since learned, from a decision of the judge of the supreme court, that it was not necessary, and that the [bankrupt] law has no jurisdiction over such a contract. Consequently, as I have before stated, I am disposed to hold it, provided you will not press the payments. Under these circumstances, I consider it necessary to give you the information required in your letter, in regard to the number and kind of houses on the land, &c.

I shall expect to hear from you again soon. In regard to your having written to me some few weeks ago, I will observe that I have received no communication from you for some months back. If you wrote to me, the letter has been broken open and detained, no doubt, as has been the case with a great number of letters from my friends of late, and especially within the last three months.

Few if any letters for me can get through the post office in this place, and more particularly letters containing money, and matters of much importance. I am satisfied that Sidney Rigdon and others connected with him have been the means of doing incalculable injury, not only to myself, but to the citizens in general; and, sir, under such a state of things, you will have some idea of the difficulties I have to encounter, and the censure I have to bear through the unjust conduct of that man and others, whom he permits to interfere with the post office business. Having said so much, I must close for the present.

You will hereby understand my feelings upon the subject and the reasons of the course I have hitherto pursued.

With sentiments of due respect, I remain, as ever, yours respectfully,

JOSEPH SMITH.

P.S.—Should it suit you better, I am ready on my part to renew the contract, and would prefer it.

J. S.

Sudden Illness of Brigham Young.

In the evening went to see Brigham Young, in company with Dr. Richards. He was suddenly and severely attacked by disease, with strong symptoms of apoplexy. We immediately administered to him by laying on of hands and prayer, accompanied with the use of herbs. Profuse vomiting and purging followed, which were favorable indications. Although few so violently attacked ever survive long, yet the brethren were united in faith, and we had firm hopes of his recovery.

Sunday, 27.—At home, except visiting President Young, who remained extremely sick.

Temple Structure Difficulties.

Monday, 28.—At home all day. Charges of an unequal distribution of provisions, giving more iron and steel tools to Reynolds Cahoon's sons than to others, giving short measure of wood to Father Huntington, also letting the first course of stone around the Temple to the man who would do it for the least price, &c., having been instituted by the stonecutters against the Temple committee,—viz., Cahoon and Higbee, I requested the parties to appear at my house this day to have the difficulties settled by an investigation before myself and Counselor William Law. President Hyrum Smith acted as counsel for the defendants, and Elder Henry G. Sherwood for the accusers. The hearing of testimony lasted until four o'clock, at which time the meeting adjourned for half an hour. On coming together again, President Hyrum addressed the brethren at some length, showing the important responsibility of the committee, also the many difficulties they had to contend with. He advised the brethren to have charity one with another, and be united, &c., &c. Elder Sherwood replied to President Hyrum's remarks. President Hyrum explained some remarks before made. Elder William Law made a few pointed remarks, after which I gave my decision, which was that the committee stand in their place as before. I likewise showed the brethren that I was responsible to the state for a faithful performance of my office as sole trustee-in-trust, &c., and the Temple Committee were responsible to me and had given bonds to me, to the amount of $12,000, for a faithful discharge of all duties devolving upon them as a committee, &c. The trial did not conclude until about nine o'clock in the evening.

Tuesday, 29.—In council with Brother Hyrum, Willard Richards, and others, concerning bankruptcy. Afternoon, attended court at the house of Mr. Hunter, grocer, before Alderman Spencer, for slander. I forgave Hunter the judgment, but he was fined $10 for contempt of court.

Wednesday, 30.—Morning, in counsel in the large assembly room preparing evidence in the case of bankruptcy. Afternoon, had Amos Davis brought before the municipal court for slander; but, in consequence of the informality of the writ drawn by Squire Daniel H. Wells, I was non-suited.

A severe storm of snow, rain and wind is reported to have been experienced at Boston this day and evening, doing much damage to the ships and wharves.

Thursday, December 1, 1842.—Emma was sick, attendance upon her occupied some of my time. Visited George A. Smith and Brigham Young, who were sick. Called at Mr. Angel's, in company with Elder Richards, to give some counsel concerning a sick sister. Called on William W. Phelps to get the historical documents, &c.; after which I commenced reading and revising history.

Extract of a Letter from Orrin Porter Rockwell, superscribed to Newel K. Whitney, dated Philadelphia, December 1, 1842, whither he had gone to escape the hands of those who sought his life in Missouri.

DEAR BROTHER JOSEPH SMITH:—I am requested by our friend Orrin Porter [Rockwell] to drop a few lines informing you that he is in this place. His health is good, but his spirits are depressed, caused by his being unable to obtain employment of any kind. He has applied in different parts of the city and country, but all without success, as farmers can get persons to work from sunrise till dark for merely what they eat. He is most anxious to hear from you, and wishes you to see his mother and the children and write all the particulars, how matters and things are, and what the prospects are. I pity him from the bottom of my heart. His lot in life seems marked with sorrow, bitterness and care. He is a noble, generous friend. But you know his worth: any comments from me would be superfluous. He will wait in this place until he hears from you. Please write immediately, as it will be a source of great comfort to him to hear [from you].

If Joseph is not at home, Brother Whitney will be kind enough to write. He says every other one he has come across has been afraid of their shadows, but he watches them well. He comes to see me every day, and I keep him a close prisoner! But he does not complain of my cruelty, or being hard-hearted, but, when with me, seems resigned to whatever punishment I may see proper to inflict, but he takes it in good part. Answer this as soon as received.

Yours truly,

S. ARMSTRONG,

for Orrin Porter [Rockwell].

Friday, 2.—Sat as Mayor on trial of Amos Davis, who was fined in the sum of $25 for breach of city ordinance for selling spirits by the small quantity. In the evening, called on Elder Richards, and Bishop Whitney to take an appraisal of the printing office establishment, preparatory to a lease to Elders Taylor and Woodruff for the term of five years.

Saturday, 3.—Called at the printing office several times. In the afternoon, attended the municipal court in the case of Amos Davis, for breach of city ordinance, &c.

Sunday, 4.—The weather being very wet, I remained at home all day.

The High Council of Nauvoo met, heard, accepted, and adopted the report of their committee for dividing the city into ten wards, as follows:—

The First Ward is bounded on the north by the city boundary line, and on the south by Brattle street.

The Second Ward is bounded on the north by Brattle street or the First Ward, and on the south by Carlos street or the Third Ward.

The Third Ward is bounded on the north by Carlos street or the Second Ward, and on the south by Joseph street or the Fourth Ward.

The Fourth Ward is bounded on the north by Joseph street or the Third Ward, and on the south by Cutler street or the Fifth Ward.

The Fifth Ward is bounded on the north by Cutler street or the Fourth Ward, and on the south by Mulholland street.

The Sixth Ward is bounded on the west by the Mississippi river, and on the east by Main street or the Seventh Ward.

The Seventh Ward is bounded on the west by Main street or the Sixth Ward, and on the east by Durfee street or the Eight Ward.

The Eight Ward is bounded on the west by Durfee street or the Seventh Ward, and on the east by Robinson street or the Ninth Ward.

The Ninth Ward is bounded on the west by Robinson street or the Eight Ward, and on the east by Green street or the Tenth Ward.

The Tenth Ward is bounded on the west by Green street or the Ninth Ward, and on the east by the city boundary line.

Monday, 5.—In the morning, attended in council with Brother Hyrum and others on bankruptcy, making an inventory of our property, and schedule of our liabilities, that we might be prepared to avail ourselves of the laws of the land as did others. Afternoon, had conversation with Brother Green. In the evening, attended the Masonic Lodge.

Tuesday, 6.—Attended the trial of an appealed case of Amos Davis before the municipal court. Judgment confirmed.

Wednesday, 7.—Dined with Elder Orson Hyde and family. Elder Hyde has this day returned home from his mission to Jerusalem. His presence was truly gratifying. Spent the day with Elder Hyde and drawing wood.

Thursday, 8.—Spent the day at home. Received a visit from Elder Hyde and wife.

Inaugural Address of Governor Ford.

This day, Thomas Ford, governor of Illinois, in his inaugural address to the Senate and House of Representatives, remarked that a great deal has been said about certain charters granted to the people of Nauvoo. These charters are objectionable on many accounts, but particularly on account of the powers granted. The people of the state have become aroused to the subject, and anxiously desire that these charters should be modified so as to give the inhabitants of Nauvoo no greater privileges than those enjoyed by others of our fellow citizens.

Friday, 9.—I chopped wood all day. My Brother Hyrum started for Springfield to attend to his case of bankruptcy, with Benjamin Covey as witness. Willard Richards, William Clayton, Henry G. Sherwood, Peter Haws, Heber C. Kimball, Alpheus Cutler, and Reynolds Cahoon accompanied them to attend to my case, present testimony to the government that I was in Illinois at the time Boggs was shot—consequently could not have been a fugitive from the justice of Missouri, and thus procure a discharge from Governor Ford, on Governor Carlin's writ for my arrest. The weather was very cold, and the traveling tedious; yet my messengers traveled thirty-four miles, and stayed with my Brother Samuel Smith, who kept a public-house at Plymouth.

Agitation as to Nauvoo Charters.

Mr. Davis, of Bond county, introduced a resolution to the house of Representatives at Springfield, concerning the charter of Nauvoo, and urged its repeal.

Mr. Hicks was in favor of having the state arms taken from the Mormons.

Mr. Owen thought they had no more than their quota.

[The arms referred to consisted of three cannon, six-pounders, and a few score of muskets, swords, and pistols, which were furnished by the United States to Illinois, for the supply of her militia for common defense, of which the Nauvoo Legion had received but a small portion of that to which it was entitled.]

My Brother, William Smith, representative of Hancock county, colleague with Mr. Owen, made the following speech in the House, in reply to Mr. Davis:—

Speech of William Smith, Brother of the Prophet, on the Chartered Rights of Nauvoo.

MR. SPEAKER.—I beg the privilege of making a few remarks on this subject. This, sir, seems to be a question which has excited, to a very considerable extent, the attention of members who compose this honorable body. But, Mr. Speaker, it does really appear to me that this is a question that has been gotten up quite prematurely; for I doubt not many members here have not yet had the opportunity of learning what privileges are granted in the Nauvoo City Charter.

The subject which the gentleman has raised is only an assumption. I doubt not that if the subject had been fairly investigated, and weighed equally in the balance by every candid individual in the community, that prejudices of this kind would not have obtained such a hold upon the public mind. In the estimation of genuine democracy, the rights of the people of Nauvoo are just as sacred as those of any other people. The people that live there should have just the same privileges extended to them as are awarded to Springfield, Chicago, Quincy, or any other city in the state.

It is true, indeed, that they have labored under many embarrassments. The public mind has been heated in regard to what was supposed to be their chartered privileges. But you, Mr. Speaker, are well aware that all the corporate privileges that they enjoy have been granted to them by a previous Legislature. Upon that occasion all that was done was not considered, by any, more than an act of justice towards them. They had no greater rights or privileges given them than were already enjoyed by the citizens of Quincy or Springfield. The people had chartered privileges in both of those cities, and we have the same in Nauvoo. Our condition in that respect is not at all different from Chicago, Alton, and many other chartered cities in this state. It would be hardly worth while, Mr. Speaker, to detain either you or this honorable body by making many preliminary remarks in respect to our religion. This is a matter that cannot at all come under the purview of this legislature.

I do not fancy myself placed here before a body of sectarians invested, in their own estimation, with authority to enact rules for the government or regulation of any sect upon matters of religion. I do not suppose that I stand in the presence of persons disposed to take away one single religious right pertaining to the people among whom I dwell.

But what could legislation in regard to the matter effect? What would it prove? It would neither prove Joseph Smith to be a Christian nor that Tom Thumb came from the moon. It would prove nothing in reference to the principles of any body of religionists. But I do not feel it my prerogative to enter into a discussion of religious principles here. I know very well that the people called "Mormons" are thought to be a very strange people. I come right from among them, and you can all judge whether or not they seem to have the appearance of a strange animal of seven heads and ten horns. You can all decide for yourselves whether, from the appearance I present, I should be numbered among outcasts, or be ranked among human beings.

One word further as to the chartered privileges. They have, as this honorable body is well aware, assembled a population of from five to ten or fifteen thousand inhabitants. It is in consequence of the privileges granted in their Charter that they have been induced to do this. Nauvoo is not, as some may erroneously suppose—a city composed entirely of Mormons. I can inform gentlemen that Methodists, Presbyterians, Baptists, Universalians, in short, many of the different kinds of religion, and even infidels may be found there; and all these are tolerated there just as in any other community. A great many persons have gone to Nauvoo, and there invested their property. They are now engaged in the erection of buildings, which, when consummated will cost enormous sums of money. But should the Charter of that city be repealed, individuals who now consider themselves rising to wealth, in consequence of what has been done by a former legislature of this state, will be reduced to wretchedness and want. In that event property now worth three to ten thousand dollars will not be worth five hundred, or nothing in comparison to that amount.

There is another point, Mr. Speaker, to which I would call your attention, and that is to the observations which have been made in regard to taking away from the city of Nauvoo the state arms. Well suppose that should be done, would that effect anything? They are now organized, and have, under existing laws drawn a certain portion of the public arms. In that wherein are they acting differently from any other citizens? They have not even that equal proportion of arms that they are entitled to by law. What would be the object in taking away the public arms from the militia of this state? It surely cannot be believed that there is any danger of the Mormons breaking out and killing the people. There is no more danger of that than there is that five, six or a dozen old women and a few boys should do the same thing. Is this state to be carried by a hue-and-cry of that kind raised by politicians? I own that it is not the design of that people even so much as to molest a hair on the head of a single individual; but that, on the contrary, it is their intention in all things to conform to the Constitution and laws of the land. If prejudices have been accumulating upon the public mind calculated to produce the expression that they are villains, such prejudices are entirely unfounded. And it is a great mistake to suppose the contrary. Those people consider themselves bound by the laws, and endeavor to obey them. Have they not, I would ask, contributed their portion towards replenishing your county and state revenues? Have they ever refused to pay their taxes? Have they not always been both ready and willing to obey both the civil and military laws of this state? Where, then, is the necessity, that this honorable body should enact a law taking away from them their chartered privileges?

I will not, Mr. Speaker, detain you or this honorable body much longer. I am heartily sorry that a blow has been aimed at the chartered privileges of Nauvoo. I speak in defense of my constituents upon this occasion, feeling myself bound to do so, not by any former pledges, but by principle. I believe in defending the cause of the defenseless, as has already been remarked. All that we claim is equal rights and equal provisions. I would remark, for the satisfaction of my own feelings in this matter, that I was some little interested in the event of the last election. I then was engaged in the cause of Democracy, enlisted in the campaign of canvassing my county, and in consequence of the many prejudices, that were excited against the "Mormons," as they are called, I was placed under circumstances of most unparalleled embarrassment; but still I thought it a favorable opportunity to unite the Democracy of the county.

I know that considerable political capital has been made by the question of Mormonism and anti-Mormonism. Perhaps one thing that now contributes to that result is, that there are hints in the governor's message in regard to a repeal of the Nauvoo Charter. It is a circumstance within my own knowledge that, previous to the last election in Hancock county, some few individuals there made strong efforts to get our votes for the governor's election. By exertions made there, more than a thousand votes were cast for the governor by Mormon influence; and since I have been here, a gentleman of opposite politics has said to me, "Now your governor is paying you off."

I do not allude to this to wound the feelings of any person whatever. I do not consider that the recommendation of the governor was designed to effect the repeal of our Charter. All that we have to say is that we throw ourselves upon your mercy. As Democrats we ask for equal justice and equal rights. Give us those rights, and we are content; without them we are deprived of that which was purchased by the blood of our fathers.

Saturday, 10.—In this day's paper, William Smith gave his valedictory, resigning the editorship of the Wasp to Elder John Taylor.

Tuesday, 13.—I continued to chop and haul wood, and attend to my domestic concerns. My delegation arrived at Springfield about three o'clock this afternoon, and found the question of the repeal of the Nauvoo Charter in a high state of agitation in the legislature.

Wednesday, 14.—My delegation at Springfield having made affidavit that I was in Illinois on the 6th of May last, and consequently could not have been concerned in the attempted assassination of ex-Governor Boggs, and also having prepared a petition to Governor Ford to revoke the writ and proclamation of Governor Carlin for my arrest, they called on Governor Ford at four in the afternoon, there were present by their selection: Dr. Richards, Brother Hyrum, Elders Sherwood and Clayton, in company with Mr. Butterfield, United States district attorney, who read his communication to Sidney Rigdon, Esq., of the 20th October, my petition to revoke and countermand Governor Carlin's writ and proclamation, and the affidavit of Lilburn W. Boggs.

Governor Ford, in reply, stated that he had no doubt but that the writ of Governor Carlin was illegal; but he doubted as to his authority to interfere with the acts of his predecessor. He finally concluded that he would state the case before the judges of the supreme court at their council next day, and whatever they decided on shall be his decision. He then stated his reasons for recommending a repeal of the Charter, and said that he regretted that he had not recommended a repeal of all the charters in the state.

Thursday, 15.—My delegates at Springfield continued to prosecute my discharge. On the 16th, Brother Hyrum received his discharge in case of bankruptcy; every arrangement was made with Mr. Butterfield, whereby I was equally entitled to a discharge, but was put off with a plea that he must write to the office at Washington before it could be granted.

Saturday, 17.—

Governor Ford to Joseph Smith—on the Missouri Requisition.

SPRINGFIELD, December 17, 1842.

DEAR SIR:—Your petition requesting me to rescind Governor Carlin's proclamation and recall the writ issued against you has been received and duly considered. I submitted your case and all the papers relating thereto to the judges of the Supreme Court, or at least to six of them who happened to be present. They were unanimous in the opinion that the requisition from Missouri was illegal and insufficient to cause your arrest, but were equally divided as to the propriety and justice of my interference with the acts of Governor Carlin. It being, therefore, a case of great doubt as to my power, and I not wishing, even in an official station, to assume the exercise of doubtful powers, and inasmuch as you have a sure and effectual remedy in the courts, I have decided to decline interfering. I can only advise that you submit to the laws and have a judicial investigation of your rights. If it should become necessary, for this purpose, to repair to Springfield, I do not believe that there will be any disposition to use illegal violence towards you; and I would feel it my duty in your case, as in the case of any other person, to protect you with any necessary amount of force from mob violence whilst asserting your rights before the courts, going to and returning.

I am most respectfully yours,

THOMAS FORD.

Letter of Justin Butterfield—Opinion on Governor Ford's Action.

SPRINGFIELD, December 17, 1842.

Joseph Smith, Esq.

DEAR SIR:—I have heard the letter read which Governor Ford has written to you, and his statements are correct in relation to the opinion of the judges of the Supreme Court. The judges were unanimously of the opinion that you would be entitled to your discharge under a habeas corpus to be issued by the Supreme Court, but felt some delicacy in advising Governor Ford to revoke the order issued by Governor Carlin. My advice is, that you come here without delay, and you do not run the least risk of not being protected while here, and of being discharged by the Supreme Court by habeas corpus. I have also the right to bring the case before the U. S. Court, now in session here; and there you are certain of obtaining your discharge. I will stand by you, and see you safely delivered from your arrest.

Yours truly,

J. BUTTERFIELD.

Letter from James Adams, Advising the Prophet to Appear for Trial.

CITY OF SPRINGFIELD, December 17, 1842.

General J. Smith.

MY SON:—It is useless for me to detail facts that the bearer can tell. But I will say that it appears to my judgment that you had best make no delay in coming before the court at this place for a discharge under a habeas corpus.

I am, &c.,

J. ADAMS.

On receiving the foregoing letters, and Dr. Richards having entered for the copyright of a map of the city of Nauvoo for Joseph Smith, in the clerk's office of the District of Illinois, the brethren left Springfield for Nauvoo.

Tuesday, 20.—Chopping and drawing wood with my own hands and team, as I had done mostly since the 9th. President Young continued very sick. This afternoon the brethren arrived from Springfield and presented me with Messrs. Ford, Butterfield and Adams' letters, and general history of their proceedings, which was highly satisfactory.

The First Elder to Die in a Foreign Land.

Elder Lorenzo D. Barnes died this morning at a quarter past three o'clock, at Bradford, England. He is the first Elder who has fallen in a foreign land in these last days. He had been long connected with the Church, and had been distinguished, both in his native land and in Great Britain, for his piety, and virtue. Read correspondence between Dr. Richards and General James Arlington Bennett, and read German with Elder Orson Hyde. Brother Shearer inquired the meaning of the "little leaven which a woman hid in three measures of meal." I replied, it alluded expressly to the last days, when there should be but little faith on the earth, and it should leaven the whole world; also there shall be safety in Zion and Jerusalem, and in the remnants whom the Lord our God shall call. The three measures refer directly to the Priesthood, truth springing up on a fixed principle, to the three in the Grand Presidency, confining the oracles to a certain head on the principle of three.

Friday, 23.—Wrote R. M. Young, Esq., U. S. Senator from Illinois, Washington City, that I would accept the proposals of John C. Walsh, and give him $2,500 for the north-west quarter of section 8, 6 north, 8 west, said land lying between my farm and the city.

Saturday, 24.—At home afternoon. Read and revised my history with Secretary Richards, and walked with him to see Sister Lyon, who was sick. Her babe died a few minutes before our arrival. From there we went to Brother Sabine's to compute expense money for our journey to Springfield, having just borrowed $100 for that purpose. While there, Brother Richards asked if I wanted a wicked man to pray for me? I replied, Yes; if the fervent, affectionate prayer of the righteous man availeth much, a wicked man may avail a little when praying for a righteous man. There is none good but one. The better a man is, the more his prayer will avail. Like the publican and the Pharisee, one was justified rather than the other, showing that both were justified in a degree. The prayer of a wicked man may do a righteous man good, when it does the one who prays no good.

Sunday, 25.—I wrote to Orrin Wright, Jun., Philadelphia.

The Manchester, (England) conference met, numbering 1,507 members including thirty-three Elders, eighty-seven Priests, fifty-three Teachers, and nineteen Deacons under the presidency of Elder Thomas Ward.

CHAPTER XII.

THE PROPHET AT SPRINGFIELD, ILLINOIS—HIS CONVERSATIONS AND INTERVIEWS—PROCEEDINGS ON WRIT OF HABEAS CORPUS BEFORE JUDGE POPE—RELEASE OF THE PROPHET BY ORDER OF THE COURT AND THE EXECUTIVE ORDER OF GOVERNOR FORD—OFFICIAL PAPERS IN THE CASE.

Second Arrest of the Prophet on the Boggs Affair.

Monday, December 26, 1842.—In the morning, held court, and I was afterwards arrested by General Wilson Law, on the proclamation of Governor Carlin, and Elders Henry G. Sherwood; and William Clayton went to Carthage to obtain a writ of habeas corpus to take me before the court at Springfield. General Law gave me into the custody of Dr. Richards, with whom I visited Sister Morey, who was severely afflicted. We prescribed lobelia for her, among other things, which is excellent in its place. I have learned the value of it by my own experience. It is one of the works of God, but, like the power of God, or any other good, it becomes an evil when improperly used. Brother Morey gave me a walking stick, the body of which was from the tooth of the sperm whale, and the top of whale ivory, with an interstice of mahogany. On my return home, I found my wife Emma sick. She was delivered of a son, which did not survive its birth.

The Herefordshire conference (England) under the presidency of Elder William Kay, met at Colwall, numbering eight hundred and forty-four members, including twenty elders, fifty-three priests, twenty-two teachers, and ten deacons.

The Prophet's Start for Springfield.

Tuesday, 27.—At nine in the morning, started in custody of Wilson Law for Springfield, in company with Hyrum Smith, Willard Richards, John Taylor, William Marks, Levi Moffit, Peter Haws, Lorin Walker and Orson Hyde. On our way to Carthage, we met William Clayton and Henry G. Sherwood, who had obtained an order for a writ of habeas corpus from the master in chancery, as no writ could issue, the clerk of court having been elected to the State Senate.

The Prophet's Dream.

There was considerable snow, and the traveling heavy; but we arrived at my Brother Samuel's, in Plymouth, a little after sunset, and we were soon joined by Edward Hunter, Theodore Turley, Dr. Tate, and Shadrach Roundy. I supped with Brother William Smith's family, who lived under the same roof, slept with Dr. Willard Richards on a buffalo skin spread upon the floor, and dreamed that I was by a beautiful stream of water and saw a noble fish, which I threw out. Soon after, I saw a number more, and threw them out. I afterwards saw a multitude of fish, and threw out a great abundance, and sent for salt and salted them.

Wednesday, 28.—The morning was wet. We started about eight o'clock, and arrived at Mr. Stevenson's tavern, in Rushville, at three in the afternoon, about twenty miles. Brother William's wife, who was sick, went with us, accompanied by Sister Durphy, who went with us from Nauvoo to take care of her. I spent a part of the evening with Mr. Uriah Brown and family and a part of my company. In conversation respecting the repeal of charters, I told them that to touch the Nauvoo Charter was no better than highway robbery; and that I never would consent to lowering our charter, but they might bring other chapters up to it. On my return to the tavern, the brethren took my height, which was six feet, and my Brother Hyrum's the same.

Thursday, 29.—Started early; crossed the Illinois river at eleven, and arrived at Captain Dutche's before five in the evening, about thirty-two miles: the weather extremely cold. General Law asked why the sun was called by a masculine name and the moon by a feminine one. I replied that the root of masculine is stronger, and of feminine weaker. The sun is a governing planet to certain planets, while the moon borrows her light from the sun, and is less or weaker.

Let the government of Missouri redress the wrongs she has done to the Saints, or let the curse follow them from generation to generation until they do.

A Missouri Reminiscence.

When I was going up to Missouri, in company with Elder Rigdon and our families, on an extreme cold day, to go forward was fourteen miles to a house, and backward nearly as far. We applied to all the taverns for admission in vain: we were "Mormons," and could not be received. Such was the extreme cold that in one hour we must have perished. We pleaded for our women and children in vain. We counseled together, and the brethren agreed to stand by me, and we concluded that we might as well die fighting as to freeze to death.

I went into a tavern and pleaded our cause to get admission. The landlord said he could not keep us for love or money. I told him we must and would stay, let the consequence be what it might; for we must stay or perish. The landlord replied, "We have heard the Mormons are very bad people; and the inhabitants of Paris have combined not to have anything to do with them, or you might stay." I said to him, "We will stay; but no thanks to you. I have men enough to take the town; and if we must freeze, we will freeze by the burning of these houses." The taverns were then opened, and we were accommodated, and received many apologies in the morning from the inhabitants for their abusive treatment.

The Prophet Meets Justin Butterfield et al.

Friday, 30.—Started at eight this morning, and arrived at Judge Adams', in Springfield, at half past two o'clock in the afternoon, where I saw Justin Butterfield, Esq., United States district attorney, who told me that Judge Pope had continued the court two or three days on account of my case, and would close on the morrow, and that he should try my case on its merits, and not on any technicality.

Sheriff Pitman, of Adams county, was in the place, but would not say whether he had the original writ which had previously been demanded of the officers of Adams county, King and Pitman. I gave Mr. Butterfield a general history of my Missouri persecution, and it was agreed by him that I should be arrested on the writ. Had an interview with my Brother, William Smith, who was a member of the Legislature at the time, and spent the evening with Judge Adams and the brethren from Nauvoo. We all lodged at Judge Adams'.

The Reign of Christ on Earth Expounded.

While in conversation at Judge Adams' during the evening, I said, Christ and the resurrected Saints will reign over the earth during the thousand years. They will not probably dwell upon the earth, but will visit it when they please or when it is necessary to govern it. There will be wicked men on the earth during the thousand years. The heathen nations who will not come up to worship will be visited with the judgments of God, and must eventually be destroyed from the earth.

The Prophet's Trial Before Judge Pope.

Saturday, 31.—At nine in the morning, Mr. Butterfield called and informed me that King had the original writ, and I signed a petition to Governor Ford to issue a new writ, that my case may be tried thereon, as well as on the proclamation. My petition was granted, and at eleven o'clock I was arrested thereon by a deputy, Mr. Maxey, in presence of Mr. Butterfield, my attorney, who immediately wrote a petition to Judge Pope for a writ of habeas corpus, which I signed, and at half-past eleven in the morning went before Judge Pope.

Mr. Butterfield read my petition, and stated that the writ and warrant were different from the requisition of the governor of Missouri. He then read Governor Ford's warrant, Watson's affidavit; Governor Reynolds' requisition on the governor of Illinois, and the proclamation of Governor Carlin, showing that Reynolds had made a false statement, as nothing appeared in the affidavits to show that Smith was in Missouri. He also stated that all the authority for transportation of persons from one state to another rests on the Constitution and the law of Congress. We ask for habeas corpus because the papers are false, and because that we can prove that Joseph Smith was in this state at the time of the commission of the crime.

The writ was granted, returned, and served in one minute, and I walked up to the bar. Mr. Butterfield read the habeas corpus, and moved the court to take bail till I could have a hearing,—which was granted; and although it was only a case of misdemeanor, Generals James Adams and Wilson Law were bailed for me in the sum of $2,000 each, and Monday was set for trial.

A Disturbance Threatened.

The court-room was crowded; and, on our returning, as General Law came to the top of the stairs, one of the crowd observed, "There goes Smith the Prophet, and a good looking man he is;" "And [said another] as damned a rascal as ever lived." Hyrum replied, "And a good many ditto." "Yes, [said the man,] ditto, ditto, G— d— you; and every one that takes his part is as damned a rascal as he is."

When at the foot of the stairs, General Law said, "I am the man, and I'll take his part." Said the man, "You are a damned rascal too." "You are a lying scoundrel," replied Law; and the man began to strip off his clothes and ran out in the street, cursing and swearing, and raising a tumult, when Mr. Prentice, the marshal, interfered, and with great exertions quelled the mob. Much credit is due Mr. Prentice for his zeal to keep the peace.

The Prophet's Interview with Governor Ford.

When the rowdies had dispersed, I went with Mr. Butterfield and Dr. Richards to see Governor Ford, who was sick. He told me he had a requisition from the governor for a renewal of persecution in the old case of treason against Missouri; but he happened to know that it was all dead. We dined with Mr. Butterfield at the American House, where the governor quartered, after which we returned to the general's room. In course of conversation he remarked he was no religionist. I told him I had no creed to circumscribe my mind; therefore the people did not like me. "Well, [said the general,] from reports, we had reason to think the Mormons were a peculiar people, different from other people, having horns or something of the kind; but I find they look like other people: indeed, I think Mr. Smith a very good-looking man."

At two in the afternoon, I returned to Judge Adams', and appointed Elders Hyde and Taylor to preach in the Representatives' Hall on the morrow.

A Discussion with Judge Douglas.

Judge Douglas stated that it was possible to revoke political charters, but not company charters. I argued that if a legislature has power to grant a charter for ten years, it has no power to revoke it until the expiration thereof. The same principle will hold good for twenty or one hundred years, and also for a perpetual charter: it cannot be revoked in time.

The Brewster Movement.

John Darby came in and said he was going to California with Brewster. I told him I would say, as the Prophet said to Hezekiah, "Go, and prosper; but ye shall not return in peace." Brewster may set out for California, but he will not get there unless somebody shall pick him up by the way, feed him and help him along. Brewster showed me the manuscript he had been writing. I inquired of the Lord, and the Lord told me the book was not true—it was not of Him. If God ever called me, or spake by my mouth, or gave me a revelation, he never gave revelations to that Brewster boy ^[A] or any of the Brewster race.

[Footnote A: James Collins Brewster, the person mentioned by the Prophet in the text, was a boy about sixteen years of age, having been born as nearly as may be ascertained, in the year 1827. He claimed several years previous to this time to have had revelations while in Kirtland, by which he translated the so-called "Book of Esdras" which in some way, not altogether clear, was interpreted to be a guide for the Latter-day Saints. He succeeded in converting his parents and a small number of people to the genuineness of his prophetic powers and gift of translation; and was now contemplating a removal of those who believed in him to California. After the death of the Prophet, in connection with one Hazen Aldridch, he succeeded in holding together a following for a few years, but in the end the Brewster-Aldridch movement was a flat failure, and the organization ceased to exist.]

This afternoon, a team ran away, and went past the State House, when the hue-and-cry was raised, "Joe Smith is running away!" which produced great excitement and a sudden adjournment of the House of Representatives.

Chief Distinction between the Saints and Sectarians.

Sunday morning, January 1, 1843.—The speaker of the House of Representatives called on me to say we might have the hall for preaching this day. Had a pleasant interview with Mr. Butterfield, Judge Douglas, Senator Gillespie, and others. In reply to Mr. Butterfield, I stated that the most prominent difference in sentiment between the Latter-day Saints and sectarians was, that the latter were all circumscribed by some peculiar creed, which deprived its members the privilege of believing anything not contained therein, whereas the Latter-day Saints have no creed, but are ready to believe all true principles that exist, as they are made manifest from time to time.

At the suggestion of the company, I explained the nature of a prophet.

A Prophet Defined.

If any person should ask me if I were a prophet, I should not deny it, as that would give me the lie; for, according to John, the testimony of Jesus is the spirit of prophecy; therefore if I profess to be a witness or teacher, and have not the spirit of prophecy, which is the testimony of Jesus, I must be a false witness; but if I be a true teacher and witness, I must possess the spirit of prophecy, and that constitutes a prophet; and any man who says he is a teacher or preacher of righteousness, and denies the spirit of prophecy, is a liar, and the truth is not in him; and by this key false teachers and imposters may be detected.

At half-past eleven a. m., we repaired to the Representatives' Hall, where Elder Orson Hyde read the hymn "Rejoice ye Saints of Latter Days." Elder Taylor followed in prayer. The Saints then sang "The Spirit of God like a fire is burning." Elder Hyde then preached from the 3rd chapter of Malachi. Most of the members of the Legislature and the various departments of the state were in attendance.

Mormon Service at Springfield.

I dined with Judge Adams at one p.m., and at half-past two returned to the hall, and heard Elder Taylor preach from Revelation 14th chapter, 6th and 7th verses on the first principles of the Gospel. There was a respectable congregation, who listened with good attention, notwithstanding the great anxiety to "see the Prophet."

I supped at Brother Bowman's, where I saw Sister Lucy Stringham (who was one of the first fruits of the Church at Colesville, New York,) and many more of the Saints. At seven I returned to Judge Adams'.

A Prophecy.

Monday, 2.—After breakfasting with Judge Adams, I prophesied, in the name of the Lord, that I should not go to Missouri dead or alive. At half-past nine a. m., repaired to the court-room; and at ten, Judge Pope took his seat on the bench, accompanied by several ladies.

My case was called up, when Mr. Lamborn, the attorney-general of Illinois, requested the case to be continued till the next day, and Wednesday morning was set for my trial. My attorney, Mr. Butterfield, filed some objections to points referred to in the habeas corpus, and, half-past ten, I repaired to the Senate lobby, and had conversation with several gentlemen. Dined at the American House. As we rose from table, Judge Brown invited me to his room, and informed me he was about publishing a history of Illinois, and wished me to furnish a history of the rise and progress of the Church of Latter-day Saints to add to it.

General Sentiment of the Prophet's Innocence.

At half-past one p. m. returned to General Adams. A gentleman from St. Louis told General Law that the general impression was that Smith was innocent, and it would be a kind of murder to give him up—that "he ought to be whipped a little and let go." It was evident that prejudice was giving way in the public mind.

At four, Mr. Lamborn, Mr. Prentice, the marshal, and some half dozen others called to see me. The marshal said it was the first time during his administration that the ladies had attended court on a trial. A peculiarly pleasant and conciliatory feeling prevailed in the company, and the marshal invited me to a family dinner, when I should be freed.

The Prophet's View of the Negro Race.

At five went to Mr. Sollars' with Elders Hyde and Richards. Elder Hyde inquired the situation of the negro. I replied, they came into the world slaves mentally and physically. Change their situation with the whites, and they would be like them. They have souls, and are subjects of salvation. Go into Cincinnati or any city, and find an educated negro, who rides in his carriage, and you will see a man who has risen by the powers of his own mind to his exalted state of respectability. The slaves in Washington are more refined than many in high places, and the black boys will take the shine off many of those they brush and wait on.

Elder Hyde remarked, "Put them on the level, and they will rise above me." I replied, if I raised you to be my equal, and then attempted to oppress you, would you not be indignant and try to rise above me, as did Oliver Cowdery, Peter Whitmer, and many others, who said I was a fallen Prophet, and they were capable of leading the people, although I never attempted to oppress them, but had always been lifting them up? Had I anything to do with the negro, I would confine them by strict law to their own species, and put them on a national equalization.

The World's Lack of Faith.

Because faith is wanting, the fruits are. No man since the world was had faith without having something along with it. The ancients quenched the violence of fire, escaped the edge of the sword, women received their dead, &c. By faith the worlds were made. A man who has none of the gifts has no faith; and he deceives himself, if he supposes he has. Faith has been wanting, not only among the heathen, but in professed Christendom also, so that tongues, healings, prophecy, and prophets and apostles, and all the gifts and blessings have been wanting.

The Meekness of a Prophet.

Some of the company thought I was not a very meek Prophet; so I told them: "I am meek and lowly in heart," and will personify Jesus for a moment, to illustrate the principle, and cried out with a loud voice, "Woe unto you, ye doctors; woe unto you, ye lawyers; woe unto you, ye scribes, Pharisees, and hypocrites!" &c. But you cannot find the place where I ever went that I found fault with their food, their drink, their house, their lodgings; no, never; and this is what is meant by the meekness and lowliness of Jesus.

A Sample of Folly.

Mr. Sollars stated that James Mullone, of Springfield, told him as follows:—"I have been to Nauvoo, and seen Joe Smith, the Prophet: he had a gray horse, and I asked him where he got it; and Joe said, "You see that white cloud." "Yes." "Well, as it came along, I got the horse from that cloud." This is a fair specimen of the ten thousand foolish lies circulated by this generation to bring the truth and its advocates into disrepute.

The Prophet's Illustration.

What is it that inspires professors of Christianity generally with a hope of salvation? It is that smooth, sophisticated influence of the devil, by which he deceives the whole world. But, said Mr. Sollars, "May I not repent and be baptized, and not pay any attention to dreams, visions, and other gifts of the Spirit?" I replied: "Suppose I am traveling and am hungry, and meet with a man and tell him I am hungry, and he tells me to go yonder, there is a house of entertainment, go and knock, and you must conform to all the rules of the house, or you cannot satisfy your hunger; knock, call for food, sit down and eat;—and I go and knock, and ask for food, and sit down to the table, but do not eat, shall I satisfy my hunger? No. I must eat. The gifts are the food; and the graces of the Spirit are the gifts of the Spirit. When I first commenced this work, and had got two or three individuals to believe, I went about thirty miles with Oliver Cowdery, to see them. We had only one horse between us. When we arrived, a mob of about one hundred men came upon us before we had time to eat, and chased us all night; and we arrived back again a little after daylight, having traveled about sixty miles in all, and without food. I have often traveled all night to see the brethren; and, when traveling to preach the Gospel among strangers, have frequently been turned away without food."

Thus the evening was spent in conversation and teaching, and closed by singing and prayer, when we parted, and Elders Hyde, Richards and myself lay down upon a bed on the floor, and enjoyed refreshing rest till morning.

Conversations with Prominent Men.

Tuesday, 3.—After breakfast, called on Sister Crane, and blessed her little baby, Joseph Smith Crane, and returned to Judge Adams', where we conversed with Messrs. Trobridge, Jonas, Browning, and others, on my old Missouri case of treason. At half-past nine, went to the court-room, and had conversation with Messrs. Butterfield, Owen, Pope, Prentice, and others.

At twelve, returned and spent the afternoon at Judge Adams'. At dusk, the marshal called with subpoenas for my witnesses. Spent the evening with the brethren at Judge Adams' in a very social manner, and prophesied in the name of the Lord that no very formidable opposition would be raised at my trial on the morrow. Slept on a sofa as usual while at Springfield.

Procedure of Trial.

Wednesday, 4.—At nine o'clock a. m., repaired to the court-room, Judge Pope on the bench, and ten ladies by his side, when Josiah Lamborn, attorney-general of the state of Illinois, appeared and moved to dismiss the proceedings, and filed the following objections to the jurisdiction of the court,—viz.:

Objection of Jurisdiction.

1. The arrest and the detention of Smith was not under or by color of authority of the United States, or of any officer of the United States, but under and by color of authority of the State of Illinois, by the officers of Illinois.

2. When a fugitive from justice is arrested by authority of the governor of any state upon the requisition of the governor of another state, the courts of justice, neither state nor federal, have any authority or jurisdiction to enquire into any facts behind the writ.

My counsel then offered to read, in evidence, affidavits of several persons, showing conclusively that I was at Nauvoo, in the county of Hancock, and state of Illinois on the whole of the 6th and 7th days of May, in the year 1842, and on the evenings of those days more than three hundred miles distant from Jackson county, in the state of Missouri, where it is alleged that the said Boggs was shot; and that I had not been in the state of Missouri at any time between the 10th day of February and the 1st day of July, 1842, the said persons having been with me during the whole of that period. That on the 6th day of May aforesaid, I attended an officer's drill at Nauvoo aforesaid, in the presence of a large number of people; and on the 7th day of May aforesaid I reviewed the Nauvoo Legion in presence of many thousand people.

The reading of these affidavits was objected to by the attorney-general of the state of Illinois, on the grounds that it was not competent for Smith to impeach or contradict the return of the habeas corpus. It was contended by my counsel, 1st, that I had a right to prove that the return was untrue. 2nd, that the said affidavits did not contradict the said return, as there was no averment under the oath in said return that I was in Missouri at the time of the commission of the alleged crime, or had fled from the justice of that state. The court decided that the said affidavits should be read in evidence, subject to all objections; and they were read accordingly, all of which will appear on my discharge. B. S. Edwards, Esq., opened the defense in an animated speech, and made some very pathetic allusions to our sufferings in Missouri, followed by Mr. Butterfield, who made the following points:—

Summary of Counsel Butterfield's Argument.

1. This court has jurisdiction. The requisition purports on its face to be made, and the warrant to be issued, under the constitution and laws of the United States regulating the surrender of fugitives from justice, 2nd sec., 4th article Constitution of the United States, 1st sec. of the Act of Congress of 12th Feb., 1793. When a person's rights are invaded under a law of the United States, he has no remedy except in the courts of the United States, 2nd sec., 3rd article Constitution United States, 12th Wendall, 325—16 Peters, 543.

The whole power in relation to the delivering up of fugitives from justice and labor has been delegated to the United States, and Congress has regulated the manner and form in which it shall be exercised. The power is exclusive. The State Legislatures have no right to interfere; and if they do, their acts are void, 2nd and 3rd clause of 2nd sec., 4th article Constitution United States, 2nd vol. Laws United States 331—16 Peters, 617, 618, 623; 4th Wheaton's Reports, 122, 193-12; Wendall, 312.

All courts of the United States are authorized to issue writs of habeas corpus when the prisoner is confined under or by color of authority of the United States, Act of Congress of Sept. 24th, 1789, sec. 14; 2nd Condensed 33; 3rd Cranch, 447; 3rd Peters, 193.

2. The return to the habeas corpus is not certain and sufficient to warrant the arrest and transportation of Smith. In all cases on habeas corpus previous to indictment, the court will look into the depositions before the magistrate; and though the commitment be full and in form, yet, if the testimony prove no crime, the court will discharge ex-parte; Taylor 5th; Cowen 50. The affidavit of Boggs does not show that Smith was charged with any crime committed by him in Mo., nor that he was a fugitive from justice. If the commitment be for a matter for which by law the prisoner is not liable to be punished, the court must discharge him; 3rd Bacon, 434. The executive of this state has no jurisdiction over the person of Smith to transport him to Missouri, unless he has fled from that state.

3. The prisoner has a right to prove facts not repugnant to the return, and even to go behind the return and contradict it, unless committed under a judgment of a court of competent jurisdiction; 3rd Bacon, 435, 438; 3rd Peters, 202; Gale's revised laws of Illinois, 323. The testimony introduced by Smith at the hearing, showing conclusively that he was not a fugitive from justice, is not repugnant to the return.

J. Lamborn, attorney-general of the state of Illinois, in support of the points made by him, cited 2nd Condensed Reports, 37; Gordon's Digest, 73; Gale's Statutes of Illinois, 318; Conkling, 85; 9th Wendall, 212.

The Plea of Mr. Butterfield.

In the course of his plea, Mr. Butterfield showed that Governor Reynolds had subscribed to a lie in his demand for me, as will appear in the papers, [published in this chapter]; and said that Governor Carlin would not have given up his dog on such a requisition. That an attempt should be made to deliver up a man who has never been out of the state, strikes at all the liberty of our institutions. His fate today may be yours tomorrow. I do not think the defendant ought, under any circumstances, to be given up to Missouri. It is a matter of history that he and his people have been murdered or driven from the state. If he goes there, it is only to be murdered, and he had better be sent to the gallows. He is an innocent and unoffending man. If there is a difference between him and other men, it is that this people believe in prophecy, and others do not; the old prophets prophesied in poetry and the modern in prose.

Esquire Butterfield managed the case very judiciously. The court-room was crowded during the whole trial; the utmost decorum and good feeling prevailed, and much prejudice was allayed. Esquire Lamborn was not severe, apparently saying little more than his relation to the case demanded.

The Treatment of the Prophet at Springfield.

Court adjourned till tomorrow nine a. m., for the making up of opinion. After an introduction to several persons, I retired to Judge Adams', and after dinner spent some time in conversation with Brother Hyrum and Theodore Turley. At half-past five o'clock I rode in Mr. Prentice's carriage to his house, accompanied by General Law and Elder Orson Hyde, where I had a very interesting visit with Mr. Prentice and family, Judge Douglas, Esquires Butterfield, Lamborn and Edwards, Judge Pope's son, and many others; partook of a splendid supper; there were many interesting anecdotes, and everything to render the repast and visit agreeable; and returned to Judge Adams' about eleven o'clock.

Thursday, 5.—At nine a. m., repaired to the courtroom, which was crowded with spectators anxious to "behold the Prophet," and hear the decision of Judge Pope, who soon took his seat, accompanied by half-a-dozen ladies, and gave the following:

Opinion of Judge Pope.

The importance of this case, and the consequences which may flow from an erroneous precedent, affecting the lives and liberties of our citizens, have impelled the court to bestow upon it the most anxious consideration. The able arguments of the counsel for the respective parties have been of great assistance in the examination of the important question arising in this cause.

When the patriots and wise men who framed our Constitution were in anxious deliberation to form a perfect union among the states of the confederacy, two great sources of discord presented themselves to their consideration—the commerce between the states and fugitives from justice and labor.

The border collisions in other countries have been seen to be a fruitful source of war and bloodshed, and most wisely did the constitution confer upon the national government the regulation of those matters, because of its exemption from the excited passions awakened by conflicts between neighboring states, and its ability alone to adopt a uniform rule, and establish uniform laws among all the states in those cases.

This case presents the important question arising under the Constitution and laws of the United States, whether a citizen of the state of Illinois can be transported from his own state to the state of Missouri, to be there tried for a crime, which, if he ever committed, was committed in the state of Illinois; whether he can be transported to Missouri, as a fugitive from justice, when he has never fled from that state.

Joseph Smith is before the court on habeas corpus, directed to the sheriff of Sangamon county, state of Illinois. The return shows that he is in custody under a warrant from the executive of Illinois, professedly issued in pursuance of the Constitution and laws of the United States and of the state of Illinois, ordering said Smith to be delivered to the agent of the executive of Missouri, who had demanded him as a fugitive from justice, under the 2nd section, 4th article of the Constitution of the United States, and the act of Congress passed to carry into effect that article.

The article is in these words, viz.:—"A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up to be removed to the state having jurisdiction of the crime."

The act of Congress made to carry into effect this article directs that the demand be made on the executive of the state where the offender is found, and prescribes the proof to support the demand,—viz., indictment or affidavit.

The court deemed it respectful to inform the governor and attorney-general of the state of Illinois of the action upon the habeas corpus. On the day appointed for the hearing, the attorney-general for the state of Illinois appeared and denied the jurisdiction of the court to grant the habeas corpus. 1st. Because the warrant was not issued under color or by authority of the United States, but by the state of Illinois. 2nd. Because no habeas corpus can issue in this case from either the Federal or State Courts to inquire into facts behind the writ.

In support of the first point, a law of Illinois was read, declaring that whenever the executive of any other state shall demand of the executive of this state any person as a fugitive from justice, and shall have complied with the requisition of the act of Congress in that case made and provided, it shall be the duty of the executive of this state to issue his warrant to apprehend the said fugitive, &c. It would seem that this act does not purport to confer any additional power upon the executive of this state independent of the power conferred by the Constitution and laws of the United States, but to make it the duty of the executive to obey and carry into effect the act of Congress.

The warrant on its face purports to be issued in pursuance of the Constitution and laws of the United States, as well as of the state of Illinois. To maintain the position that this warrant was not issued under color or by authority of the laws of the United States, it must be proved that the United States could not confer the power on the executive of Illinois; because if Congress could and did confer it, no act of Illinois could take it away, for the reason that the Constitution and laws of the United States, passed in pursuance of it, and treaties, are the supreme law of the land, and the judges in every state shall be bound thereby, anything in the Constitution or laws of any state to the contrary notwithstanding. This is enough to dispose of that point.

If the Legislature of Illinois, as is probable, intended to make it the duty of the governor to exercise the power granted by Congress, and no more, the executive would be acting by authority of the United States. It may be that the Legislature of Illinois, appreciating the importance of the proper execution of those laws, and doubting whether the governor could be punished for refusing to carry them into effect, deemed it prudent to impose it as a duty, the neglect of which would expose him to impeachment. If it intended more, the law is unconstitutional and void—16 Peters, 617 Prigg versus Pennsylvania.

In supporting the second point, the attorney-general seemed to urge that there was greater sanctity in a warrant issued by the governor than by an inferior officer. The court cannot assent to this distinction.

This is a government of laws, which prescribes a rule of action as obligatory upon the governor as upon the most obscure officer. The character and purposes of the habeas corpus are greatly misunderstood by those who suppose that it does not review the acts of an executive functionary. All who are familiar with English history must know that it was extorted from an arbitrary monarch, and that it was hailed as a second Magna Charta; and that it was to protect the subject from arbitrary imprisonment by the king and his minions, which brought into existence that great palladium of liberty in the latter part of the reign of Charles the Second. It was indeed a magnificent achievement over arbitrary power. Magna Charta established the principles of liberty—the habeas corpus protected them. It matters not how great or obscure the prisoner, how great or obscure the prison-keeper, this munificent writ, wielded by an independent judge, reaches all. It penetrates alike the royal towers and the local prisons, from the garret to the secret recesses of the dungeon. All doors fly open at its command, and the shackles fall from the limbs of prisoners of state as readily as from those committed by subordinate officers. The warrant of the king and his secretary of state could claim no more exemption from that searching inquiry, "The cause of his caption and detention," than a warrant granted by a justice of the peace. It is contended that the United States is a government of granted powers, and that no department of it can exercise powers not granted. This is true. But the grant is to be found in the second section of the third article of the Constitution of United States:—"The judicial power shall extend to all cases in law or equity arising under this Constitution, the laws of the United States, and treaties made, and which shall be made under their authority."

The matter under consideration presents a case arising under the 2nd section, 4th article of the Constitution of the United States; and the act of Congress of February 12th, 1793, to carry it into effect. The judiciary act of 1789 confers on this court (indeed on all the courts of the United States,) power to issue the writ of habeas corpus, when a person is confined, "under color of, or by the authority of the United States." Smith is in custody under color of, and by authority of the 2nd section, 4th article of the Constitution of the United States. As to the instrument employed or authorized to carry into effect that article of the Constitution, (as he derives from it the authority to issue the warrant,) he must be regarded as acting by the authority of the United States. The power is not officially in the governor, but personal. It might have been granted to any one else by name, but considerations of convenience and policy recommended the selection of the executive who never dies. The citizens of the states are citizens of the United States; hence the United States are as much bound to afford them protection in their sphere as the states are in theirs.

This court has jurisdiction. Whether the state courts have jurisdiction or not, this court is not called upon to decide. The return of the sheriff shows that he has arrested and now holds in custody Joseph Smith, in virtue of a warrant issued by the Governor of Illinois, under the 2nd section of the 4th article of the Constitution of the United States, relative to fugitives from justice, and the act of Congress passed to carry it into effect. The article of the Constitution does not designate the person upon whom the demand for the fugitive shall be made, nor does it prescribe the proof upon which he shall act. But Congress has done so. The proof is "an indictment or affidavit," to be certified by the governor demanding. The return brings before the court the warrant, the demand and affidavit. The material part of the latter is in these words, viz.—

"Lilburn W. Boggs, who being duly sworn, doth depose and say that on the night of the 6th day of May, 1842, while sitting in his dwelling, in the town of Independence, in the county of Jackson, he was shot with intent to kill; and that his life was despaired of for several days; and that he believes, and has good reason to believe from evidence and information now in his possession, that Joseph Smith, commonly called the "Mormon Prophet," was accessory before the fact of the intended murder, and that the said Joseph Smith is a citizen or resident of the state of Illinois."

This affidavit is certified by the governor of Missouri to be authentic. The affidavit being thus verified, furnished the only evidence upon which the governor of Illinois could act. Smith presented affidavits proving that he was not in Missouri at the date of the shooting of Boggs.

This testimony was objected to by the attorney-general of Illinois, on the ground that the court could not look behind the return. The court deems it unnecessary to decide that point, inasmuch as it thinks Smith entitled to his discharge for defect in the affidavit.

To authorize the arrest in this case, the affidavit should have stated distinctly—1st, that Smith had committed a crime; 2nd, that he committed it in Missouri.

It must appear that he fled from Missouri to authorize the governor of Missouri to demand him, as none other than the governor of the state from which he fled can make the demand. He could not have fled from justice unless he committed a crime, which does not appear. It must appear that the crime was committed in Missouri, to warrant the governor of Illinois in ordering him to be sent to Missouri for trial.

The 2nd section, 4th article, declares he "shall be removed to the state having jurisdiction of the crime." As it is not charged that the crime was committed by Smith in Missouri, the governor of Illinois could not cause him to be removed to that state, unless it can be maintained that the state of Missouri can entertain jurisdiction of crimes committed in other states. The affirmative of this proposition was taken in the argument with a zeal indicating sincerity. But no adjudged case or dictum was adduced in support of it. The court conceives that none can he. Let it be tested by principle.

Man, in a state of nature, is a sovereign, with all the prerogatives of king, lords, and commons. He may declare war and make peace, and as nations often do who "feel power and forget right," may oppress, rob, and subjugate his weaker and unoffending neighbors. He unites in his person, the legislative, judicial, and executive power; "can do no wrong," because there is none to hold him to account. But when he unites himself with a community, he lays down all the prerogatives sovereign (except self defense,) and becomes a subject. He owes obedience to its laws and the judgments of its tribunals, which he is supposed to have participated in establishing, either directly or indirectly. He surrenders also the right of self-redress.

In consideration of all which, he is entitled to the aegis of that community to defend him from wrongs. He takes upon himself no allegiance to any other community, so owes it no obedience, and therefore cannot disobey it. None other than his own sovereign can prescribe a rule of action to him. Each sovereign regulates the conduct of its subjects, and they may be punished upon the assumption that they have known the rule, and have consented to be governed by it; it would be a gross violation of the social compact if the state were to deliver up one of its citizens to be tried and punished by a foreign state to which he owes no allegiance, and whose laws were never binding on him. No state can or will do it.

In the absence of the constitutional provision, the state of Missouri would stand on this subject in the same relation to the state of Illinois that Spain does to England. In this particular, the states are independent of each other; a criminal fugitive from one state to another could not be claimed as of right to be given up.

It is most true, as mentioned by writers on the laws of nations that every state is responsible to its neighbors for the conduct of its citizens so far as their conduct violates the principles of good neighborhood; so it is among private individuals. But for this, the inviolability of territory or private dwellings could not be maintained. This obligation creates the right and makes it the duty of the state to impose such restraints upon the citizen as the occasion demands.

It was in the performance of this duty that the United States passed laws to restrain citizens of the United States from setting on foot and fitting out military expeditions against their neighbors. While the violators of this law kept themselves within the United States the conduct was cognizable in the courts of the United States, and not of the offended state, even if the means provided had assisted in the invasion of the foreign state. A demand by the injured state upon the United States for the offenders whose operations were in their own country would be answered that the United States' laws alone could act upon them, and that as a good neighbor it would punish them.

It is the duty of the state of Illinois to make it criminal in one of its citizens to aid, abet, counsel or advise any person to commit a crime in her sister state. Any one violating the law would be amenable to the laws of Illinois, executed by its own tribunals. Those of Missouri could have no agency in his conviction and punishment. But if he shall go into Missouri he owes obedience to her laws, and is liable before her courts to be tried and punished for any crime he may commit there; and a plea that he was a citizen of another state would not avail him. If he escape, he may be surrendered to Missouri for trial. But when the offense is perpetrated in Illinois, the only right of Missouri is to insist that Illinois compel her citizens to forbear to annoy her. This she has a right to expect. For the neglect of it, nations go to war and violate territory.

The court must hold that where a necessary fact is not stated in the affidavit, it does not exist. It is not averred that Smith was accessory before the fact, in the state of Missouri, nor that he committed a crime in Missouri; therefore he did not commit the crime in Missouri, did not flee from Missouri to avoid punishment.

Again the affidavit charges the shooting on the 6th of May, in the county of Jackson, and state of Missouri, "that he believes, and has good reason to believe from evidence and information now (then) in his possession, that Joseph Smith was accessory before the fact, and is a resident or citizen of Illinois."

There are several objections to this. Mr. Boggs having the "evidence and information in his possession," should have incorporated it in the affidavit, to enable the court to judge of their sufficiency to support his "belief."

Again, he swears to a legal conclusion, when he says that Smith was accessory before the fact. What acts constitute a man an accessory in a question of law are not always of easy solution. Mr. Boggs' opinion, then, is not authority. He should have given the facts. He should have shown that they were committed in Missouri, to enable the court to test them by the laws of Missouri, to see if they amounted to a crime.

Again the affidavit is fatally defective in this, that Boggs swears to his belief. The language in the Constitution is, "Charged with felony or other crime." Is the Constitution satisfied with a charge upon suspicion?

It is to be regretted that no American adjudged case has been cited to guide the court in expounding this article. Language is ever interpreted by the subject matter. If the object were to arrest a man near home, and there were fears of escape if the movement to detain him for examination were known, the word charged might warrant the issuing of a capias on suspicion. Rudyard (reported in Skinner 676), was committed to Newgate for refusing to give bail for his good behavior, and was brought before common pleas on habeas corpus. The return was that he had been complained of for exciting the subjects to disobedience of the laws against seditious conventicles; and upon examination they found cause to suspect him. Vaughan, Chief Justice, "Tyrell and Archer against Wild," held the return insufficient; 1st, because it did not appear but that he might abet frequenters of conventicles in the way the law allows; 2nd, to say that he was complained of or was examined is no proof of his guilt. And then to say that he had cause to suspect him is too cautious; for who can tell what they count a cause of suspicion, and how can that ever be tried? At this rate they would have arbitrary power upon their own allegation, to commit whom they pleased.

From this case it appears that suspicion does not warrant a commitment, and that all legal intendments are to avail the prisoner: that the return is to be most strictly construed in favor of liberty. If suspicion in the foregoing case did not warrant a commitment in London by its officers, of a citizen of London, might not the objection be urged with greater force against the commitment of a citizen of our state to be transported to another on suspicion?

No case can arise demanding a more searching scrutiny into the evidence, than in cases arising under this part of the Constitution of the United States. It is proposed to deprive a freeman of his liberty; to deliver him into the custody of strangers; to be transported to a foreign state, to be arraigned for trial before a foreign tribunal, governed by laws unknown to him; separated from his friends, his family, and his witnesses, unknown and unknowing. Had he an immaculate character, it would not avail him with strangers. Such a spectacle is appalling enough to challenge the strictest analysis.

The framers of the Constitution were not insensible of the importance of courts possessing the confidence of the parties. They therefore provided that citizens of different states might resort to the Federal Courts in civil causes. How much more important that the criminal have confidence in his judge and jury. Therefore, before the capias is issued, the officers should see that the case is made out to warrant it. Again, Boggs was shot on the 6th of May, the affidavit was made on the 20th of July following. Here was time for enquiry which would confirm into certainty, or dissipate his suspicions. He had time to collect facts to be had before a grand jury, or be incorporated in his affidavit.

The court is bound to assume that this would have been the course of Mr. Boggs; but that his suspicions were light and unsatisfactory. The affidavit is insufficient, 1st, because it is not positive; 2nd because it charges no crime; 3rd, because it charges no crime committed in the state of Missouri. Therefore, he [Joseph Smith] did not flee from the justice of the state of Missouri, nor has he taken refuge in the state of Illinois.

The proceedings in this affair, from the affidavit to the arrest, afford a lesson to governors and judges whose action may hereafter be invoked in cases of this character. The affidavit simply says that the affiant was shot with intent to kill; and he believes that Smith was accessory before the fact to the intended murder, and is a citizen or resident of the state of Illinois. It is not said who shot him, or that the person was unknown. The governor of Missouri, in his demand, calls Smith a fugitive from justice, charged with being accessory before the fact to an assault with intent to kill, made by one O. P. Rockwell, on Lilburn W. Boggs, in this state (Missouri). This governor expressly refers to the affidavit as his authority for that statement.

Boggs, in his affidavit, does not call Smith a fugitive from justice, nor does he state a fact from which the governor had a right to infer it, neither does the name of O. P. Rockwell appear in the affidavit, nor does Boggs say Smith fled. Yet the governor says he has fled to the state of Illinois. But Boggs only says he is a citizen or resident of the state of Illinois. The governor of Illinois responding to the demand of the executive of Missouri for the arrest of Smith, issues his warrant for the arrest of Smith, reciting that "whereas Joseph Smith stands charged by the affidavit of Lilburn W. Boggs with being accessory before the fact to an assault, with intent to kill, made by one O. P. Rockwell, on Lilburn W. Boggs, on the night or the 6th day of May, 1842, at the county of Jackson, in said state of Missouri; and that the said Joseph Smith has fled from the justice of said state, and taken refuge in the state of Illinois."

Those facts do not appear by the affidavit of Boggs. On the contrary, it does not assert that Smith was accessory to O. P. Rockwell, nor that he had fled from the justice of the state of Missouri, and taken refuge in the state of Illinois.

The court can alone regard the facts set forth in the affidavit of Boggs as having any legal existence. The mis-recitals and over-statements in the requisition and warrant are not supported by oath, and cannot be received as evidence to deprive a citizen of his liberty and transport him to a foreign state for trial. For these reasons Smith must be discharged.

At the request of J. Butterfield, counsel for Smith, it is proper to state, in justice to the present executive of the state of Illinois, Governor Ford, that it was admitted on the argument that the warrant which originally issued upon the said requisition was issued by his predecessor; that when Smith came to Springfield to surrender himself up upon that warrant, it was in the hands of the person to whom it had been issued at Quincy, in this state; and that the present warrant which is a copy of the former one, was issued at the request of Smith, to enable him to test its legality by writ of habeas corpus.

Let an order be entered that Smith be discharged from his arrest.

The Prophet's Hour with Judge Pope.

At the close I arose, and bowed to the court, which adjourned to ten o'clock tomorrow. I accepted an invitation to see Judge Pope in his room, and spent an hour in conversation with his honor, in which I explained to him that I did not profess to be a prophet any more than every man ought to who professes to be a preacher of righteousness; and that the testimony of Jesus is the spirit of prophecy; and gave the judge a brief but general view of my principles. Esquire Butterfield asked me "to prophesy how many inhabitants would come to Nauvoo." I said, I will not tell how many inhabitants will come to Nauvoo; but when I went to Commerce, I told the people I would build up a city, and the old inhabitants replied "We will be damned if you can." So I prophesied that I would build up a city, and the inhabitants prophesied that I could not; and we have now about 12,000 inhabitants. I will prophesy that we will build up a great city; for we have the stakes and have only to fill up the interstices.

The judge was very attentive and agreeable, and requested of me that my secretary, Dr. Richards, would furnish him a copy of his decision for the press. Dined at General Adams', and in the afternoon visited Mr. Butterfield with Brother Clayton. In the evening visited Mr. Groves, and lodged at General Adams' with Dr. Richards.

The Advice of Governor Ford.

Friday, 6.—In the morning went to see Judge Pope with Dr. Richards, who presented the judge with a report of his decision, called on Mr. Butterfield, and gave him two notes of two hundred and thirty dollars each, having paid him forty dollars as fee for his service in my suit. I took certified copies of the doings of the court, and waited on Governor Ford for his certificate thereto, after which he offered me a little advice, which was, that I "should refrain from all political electioneering." I told him that I had always acted upon that principle, and proved it by General Law and Dr. Richards: and that the "Mormons" were driven to union in their elections by persecution, and not by my influence: and that the "Mormons" acted on the most perfect principle of liberty in all their movements.

Sundry Conversations.

During the day I had considerable conversation in the court room with the lawyers and others, on various topics and particularly on religion. Judge Pope's son wished me well, and hoped I would not be persecuted any more, and I blessed him. Mr. Butterfield said I must deposit my discharge and all my papers in the archives of the Temple when it is completed. My discharge, here referred to, commenced with my petition for habeas corpus and closed with the certificate of Thomas Ford, governor of Illinois, including all the documents relating to my trial on separate sheets of paper, attached by a blue ribbon, and secured by the seal of the court, and reads as follows:

Official Papers Relating to the Prophet's Trial at Springfield, Ill., Before Judge Pope.

I.

Pleas before the Circuit Court of the United States for the district of Illinois, at the December term, A. D., 1842, December 31st.

In the matter of Joseph Smith: Petition for habeas corpus.

Justin Butterfield, attorney for said petitioner, comes and moves the court for the allowance of a writ of habeas corpus, and files the annexed petition and the papers referred to therein.

To the Honorable the Circuit Court of the United States for the district of Illinois:

The petition of Joseph Smith respectfully showeth that he has been arrested, and is detained in custody by William F. Elkin, sheriff of Sangamon county, upon a warrant issued by the governor of the state Illinois, upon the requisition of the governor of Missouri, as a fugitive from justice, a copy of the said warrant and the requisition and affidavit upon which the same was issued, is hereto annexed. And your petitioner is also arrested by Wilson Law, and by him also held and detained in custody, (jointly with the said sheriff of Sangamon county) upon a proclamation issued by the governor of the state of Illinois, a copy of which proclamation is hereunto annexed. Your petitioner prays that a writ of habeas corpus may be issued by this court directed to the said William F. Elkin and Wilson Law, commanding them forthwith and without delay to bring your petitioner before this honorable court, to abide such order and direction as the said court may make in these premises. Your petitioner states that he is arrested and detained as aforesaid under color of a law of the United States, and that his arrest and detention is illegal and in violation of law; and without the authority of law, in this, that your petitioner is not a fugitive from justice, nor has he fled from the state of Missouri. And your petitioner, as in duty bound, will ever pray.

JOSEPH SMITH.

II.

The Governor of the State of Missouri to the Governor of the State of Illinois—greeting:

Whereas it appears by the annexed document, which is hereby certified as authentic, that one Joseph Smith is a fugitive from justice, charged with being accessory before the fact, to an assault with intent to kill, made by one O. P. Rockwell on Lilburn W. Boggs, in this state; and it is represented to the executive department of this state, has fled to the state of Illinois:

Now, therefore, I, Thomas Reynolds, governor of the state of Missouri, by virtue of the authority in me vested by the Constitution and laws of the United States, do, by these presents demand the surrender and delivery of the said Joseph Smith to Edward R. Ford, who is hereby appointed as the agent to receive the said Joseph Smith on the part of this state.

In testimony whereof, I, governor of the state of Missouri, have hereunto set my hand and caused to be affixed the great seal of the state of Missouri.

Done at the city of Jefferson, this 22nd day of July, in the year of our Lord one thousand eight hundred and forty-two; of the Independence of the United States, the sixty-seventh, and of this state the twenty-third.

By the Governor,

[Seal] THOMAS REYNOLDS.

Jas. L. Minor, Secretary of State.

III.

#Affidavit of Lilburn W. Boggs.

STATE OF MISSOURI,

County of Jackson, ss.

This day personally appeared before me, Samuel Weston, a justice of the peace within and for the county of Jackson; the subscriber, Lilburn W. Boggs, who being duly sworn, doth depose and say, that on the night of the sixth day of May, 1842, while sitting in his dwelling, in the town of Independence, in the county of Jackson, he was shot, with intent to kill; and that his life was despaired of for several days, and that he believes, and has good reason to believe, from evidence and information now in his possession, that Joseph Smith, commonly called the Mormon Prophet, was accessory before the fact of the intended murder; and that the said Joseph Smith is a citizen or resident of the state of Illinois, and the said deponent hereby applies to the governor of the state of Missouri to make a demand on the governor of the state of Illinois to deliver the said Joseph Smith, commonly called the Mormon Prophet, to some person authorized to receive and convey him to the state and county aforesaid, there to be dealt with according to law.

LILBURN W. BOGGS.

Sworn to and subscribed before me, this 20th day of July. 1842.

SAMUEL WESTON, J. P.

IV.

#Certificate of Secretary of State of Illinois.

STATE OF ILLINOIS,

Office of Secretary of State.

I, Lyman Trumbull, secretary of state, of the state of Illinois, do hereby certify the foregoing to be a true and perfect copy of the demand of the governor of the state of Missouri upon the governor of this state, for the apprehension and surrender of Joseph Smith, who is charged with being a fugitive from justice, and the affidavit of Lilburn W. Boggs attached to the same, which are on file in this office.

In testimony whereof I have hereunto set my hand, and affixed the great seal of state at Springfield, this thirty-first day of December, A. D., one thousand eight hundred and forty-two.

[Seal.] LYMAN TRUMBULL,

Secretary of State.

December 31, 1842.

I do hereby certify the foregoing to be true copies of the demand and affidavit upon which the writ for the apprehension of Joseph Smith was this day issued.

L. TRUMBULL,

Secretary of State.

December 31, 1842.

V.

#Governor Ford's Order for the Prophet's Arrest.

The people of the State of Illinois to the Sheriff of Sangamon County, greeting:

Whereas it has been made known to me by the executive authority of the state of Missouri, that one Joseph Smith stands charged by the affidavit of one Lilburn W. Boggs, made on the 20th day of July, 1842, at the county of Jackson, in the state of Missouri, before Samuel Weston, a justice of the peace within and for the county of Jackson aforesaid, with being accessory before the fact to an assault with intent to kill, made by one O. P. Rockwell on Lilburn W. Boggs, on the night of the sixth of May, A.D. 1842, at the county of Jackson, in said state of Missouri; and that the said Joseph Smith has fled from the justice of said state, and taken refuge in the state of Illinois:

Now, therefore, I, Thomas Ford, governor of the state of Illinois, pursuant to the Constitution and laws of the United States, and of this state, do hereby command you to arrest and apprehend the said Joseph Smith, if he be found within the limits of the state aforesaid, and cause him to be safely kept and delivered to the custody of Edward R. Ford, who has been duly constituted the agent of said state of Missouri to receive said fugitive from the justice of said state, he paying all fees and charges for the arrest and apprehension of said Joseph Smith, and make due return to the executive department of this state, the manner in which the writ may be executed.

In testimony whereof, I have hereunto set my hand and caused the great seal of the state to be affixed.

Done at the city of Springfield, this 31st day of December, in the year of our Lord one thousand eight hundred and forty-two; and of the Independence of the United States, the sixty-seventh.

By the Governor,

[Seal.] THOMAS FORD.

LYMAN TRUMBULL, Secretary of State.

VI.

#Governor Carlin's Proclamation.

EXECUTIVE DEPARTMENT, ILLINOIS,

September 20, 1842.

Whereas a requisition has been made upon me, as the executive of this state, by the governor of the state of Missouri, for the apprehension and surrender of O. P. Rockwell, who is charged with the crime of shooting Lilburn W. Boggs, with intent to kill, in the county of Jackson and state of Missouri, on the night of the sixth day of May, A. D., 1842:

And whereas a demand has also been made by the governor of Missouri upon me for the apprehension and surrender of Joseph Smith, commonly called the Mormon Prophet, who is charged with the crime of being accessory to the shooting of said Boggs at the time and place aforesaid, with intent to kill:

And whereas, in obedience to the Constitution and laws of the United States, and of this state, executive warrants have been issued, and the said Rockwell and Smith arrested as fugitives from justice from the state of Missouri; and whereas the said Rockwell and Smith resisted the laws by refusing to go with the officers who had them in custody as fugitives from justice, and escaped from the custody of said officers:

Now, therefore, I, Thomas Carlin, governor of the state of Illinois, in conformity to an act entitled "An Act concerning fugitives from justice," approved January 6, 1827, do offer a reward of two hundred dollars to any person or persons for the apprehension and delivery of each or either of the above-named fugitives from justice, viz., O. P. Rockwell and Joseph Smith, to the custody of James M. Pitman and Thomas C. King, or to the sheriff of Adams county, at the city of Quincy.

In testimony whereof, I have hereunto set my hand, and caused the great seal of state to be affixed, the day and the date above mentioned.

By the Governor,

[Seal.] THOMAS CARLIN.

LYMAN TRUMBULL, Secretary of State.

The Fulton Advocate, Quincy Herald, Galena Sentinel, and Rockford Pilot, will copy the above for two weeks.

VII.

#Petition of the Prophet for Writ of Habeas Corpus.

In the United States' Circuit Court, District of Illinois, of December Term, 1842, December 31st day.

In the matter of Joseph Smith, on petition of Habeas Corpus.

And now at this day comes the said Joseph Smith by Justin Butterfield, his attorney, and presents to the court his petition, setting forth that he has been arrested and is detained in custody by William F. Elkin, Sheriff of Sangamon county, upon a warrant issued by the governor of the state of Illinois, upon the requisition of the governor of Missouri, as a fugitive from justice; and that he is also arrested by Wilson Law, and by him also held and detained in custody (jointly with the sheriff of Sangamon county), upon a proclamation issued by the governor of the state of Illinois; that he is arrested and detained as aforesaid, under color of a law of the United States; and that his arrest and detention is illegal and in violation of law, and without the authority of law in this, that the said petitioner is not a fugitive from justice, nor has he fled from the state of Missouri; and praying that a writ of habeas corpus may be issued by this court, directed to the said William F. Elkin and Wilson Law, commanding them forthwith and without delay to bring the petitioner before this court to abide such order and direction as this court may make in the premises: upon reading and filing of which said petition, it is considered and ordered by the court that a writ of habeas corpus be issued as prayed for in said petition, returnable forthwith.

And thereupon a writ of habeas corpus was issued in the words and figures following,—to wit:

VIII.

#Writ of Habeas Corpus.

The United States of America to William F. Elkin, Sheriff of Sangamon County, State of Illinois, and Wilson Law, greeting.

We command you that you do forthwith, without excuse or delay, bring or cause to be brought, before the Circuit Court of the United States for the district of Illinois, at the District Court-room, in the city of Springfield, the body of Joseph Smith, by whatever name or addition he is known or called, and who is unlawfully detained in your custody, as it is said, with the day and cause of his caption and detention, then and there to perform and abide such order and direction as the said court shall make in that behalf. And hereof make due return under the penalty of what the law directs.

Witness, Roger B. Taney, Chief Justice of the Supreme Court of the United States at Springfield, in the district of Illinois, this 31st day of December, A. D., 1842, and of our Independence the sixty-seventh year.

[Seal.] JAMES F. OWINGS, Clerk.

IX.

#Returns on the Above Writ of Habeas Corpus.

And afterwards, on the said 31st day of December aforesaid, the said writ of habeas corpus was returned, with returns endorsed thereon in the words and figures following:—

I, William F. Elkin, sheriff of Sangamon county, do hereby return the within writ, that the within named Joseph Smith is in my custody, by virtue of a warrant issued by the governor of the state of Illinois upon the requisition of the governor of the state of Missouri, made on the affidavit of L. W. Boggs, and a copy of the said warrant, requisition, and affidavit is hereunto annexed, dated December 31, 1842.

WM. F. ELKIN,

Sheriff S. C., Illinois.

I, Wilson Law, do return to the within writ that the said Joseph Smith is in my custody by virtue of an arrest made by me of his body under and by virtue of a proclamation of the governor of the state of Illinois; a copy whereof is hereunto annexed, dated December 31, 1842.

WILSON LAW.

The return to the within writ of habeas corpus appears by the foregoing returns and the schedule hereunto annexed, and the body of the said Joseph Smith is in court.

WM. PRENTISS,

U.S. Marshal, district of Illinois.

December 31, 1842.

IX.

#Orders of the Court.

And afterwards, to wit, on the same day aforesaid, upon the return of the said writ of habeas corpus, the following orders were made in this cause:—

In the matter of Joseph Smith, on Habeas Corpus.

William F. Elkin and Wilson Law having made return to the writ of habeas corpus issued in this cause, and brought the body of the said Joseph Smith into court, on motion of Justin Butterfield, his attorney, it is ordered that the said Joseph Smith be admitted to bail; and thereupon came the said Joseph Smith in proper person, principal, and James Adams and Wilson Law, sureties, and severally acknowledge themselves to owe and be indebted to the United States of America, in the sum of two thousand dollars each, to be levied of their respective goods and chattels, lands and tenements; but to be void on condition that the said Joseph Smith shall be and appear before the Circuit Court of the United States for the district of Illinois, now sitting from day to day, and shall not depart without leave of the court. And thereupon it is ordered that this cause be set for hearing on Monday next; and it is further ordered that the governor of Illinois and the attorney-general be informed by the marshal that Joseph Smith, arrested on a warrant issued for his apprehension by the governor of Illinois, 31st December, 1842, is before this court on habeas corpus, and that the case will be heard on Monday, January 2nd, 1843, and that a copy of this order be handed to each of those officers.

It is ordered that the governor of Illinois and the attorney-general be informed by the marshal that Joseph Smith, arrested on a warrant issued for his apprehension by the governor of Illinois, 31st December, 1842, is before this court on a writ of habeas corpus, and that the case will be heard on Monday, 2nd January, 1843, and that a copy of this order be handed to each of those officers.

UNITED STATES OF AMERICA,

District of Illinois.

I, James F. Owings, clerk of the Circuit Court of the United States for the district aforesaid, do certify that the foregoing is a true copy of an order passed by said court, the 31st day of December, 1842.

In testimony whereof I have hereunto subscribed my name and affixed the seal of said court at Springfield, this 31st day of December, A. D., 1842.

[Seal.] JAMES F. OWINGS, Clerk.

Delivered a copy of the within order to Thomas Ford, governor, and Josiah Lamborn, attorney-general of the state of Illinois, December 31st, 1842.

WM. PRENTISS, Marshal.

In the matter of Joseph Smith on habeas corpus; copy of order, marshal's fees for serving on two, $4.00; returning twelve, $4.12.

X.

#Denials of the Prophet.

And afterwards, to-wit, on the 2nd day of January, A. D. 1843, Justin Butterfield, attorney of said petitioner, filed the written denials of the said petitioner of the matters and things set forth, in the return to the said writ of habeas corpus, which denial is in the words and figures following,—viz.:

Circuit Court of the United States,

District of Illinois,

In the matter of Joseph Smith upon habeas corpus.

Joseph Smith, being brought up on habeas corpus before this court, comes and denies the matter set forth in the return to the same in this, that he is not a fugitive from the justice of the state of Missouri; but alleges and is ready to prove, that he was not in the state of Missouri at the time of the commission of the alleged crime set forth in the affidavit of L. W. Boggs, nor had he been in said state for more than three years previous to that time, nor has he been in said state since that time; but, on the contrary, at the time the said alleged assault was made upon the said Boggs, as set forth in the affidavit the said Smith was at Nauvoo, in the county of Hancock, in the state of Illinois, and that he has not fled from the justice of the state of Missouri, and taken refuge in the state of Illinois, as is most untruly stated in the warrant upon which he is arrested, and that the matter set forth in the requisition of the governor of Missouri, and in the said warrant, are not supported by oath.

JOSEPH SMITH.

State of Illinois, ss.

Joseph Smith being duly sworn, saith that the matter and things set forth in the foregoing statement are true.

JOSEPH SMITH.

Sworn and subscribed to before me, this second day of January, 1843.

JAMES F. OWINGS, Clerk.

XI.

#Procedure of the Court.

And afterwards, to-wit, on the same day and year last aforesaid, the following order was made in this cause,—viz.:

In the matter of Joseph Smith on habeas corpus.

At this day comes the said Joseph Smith, and, by Justin Butterfield, his attorney, files his written denial, verified by affidavit, of the matters and things set forth in the return to the writ of habeas corpus issued in this cause; and at the same time also comes Josiah Lamborn, attorney-general of the state of Illinois, and on his motion it is ordered that this cause be continued for hearing until Wednesday morning next.

And afterwards, to-wit, on the fourth day of January, 1843, Josiah Lamborn, attorney-general of the state of Illinois, filed his objections to the jurisdiction of this court in this cause, and moved to dismiss the proceedings herein, which said motion and objections are in the words and figures following—viz.:

United States of America,

In the Circuit Court of the State of Illinois.

In the matter of Joseph Smith.

J. Lamborn, attorney-general of Illinois, moves the court to dismiss the proceedings herein, for the reason that this court has no jurisdiction.

1st. The arrest and detention of said Smith was not under or by color of authority of the United States, or any of the officers of the United States, but under and by color of authority of the state of Illinois, and by the officers of Illinois.

2nd. When a fugitive from justice is arrested by authority of the government of any state, upon the requisition of any other governor of another state, the courts of justice, neither state nor federal have any authority or jurisdiction to inquire into any facts behind the writ.

J. LAMBORN,

Attorney-General of Illinois.

And afterwards, to-wit, on the same day and year last aforesaid, the following order was made in this cause,—viz.:

In the matter of Joseph Smith, on habeas corpus.

And now, again, at this day, comes the said Joseph Smith, by Justin Butterfield, his attorney; and at the same time also comes Josiah Lamborn, attorney-general of the state of Illinois, and enters his motion to dismiss the proceedings herein, for want of jurisdiction; and the court having heard the allegations and proofs herein, and the argument of counsel upon the same, and also upon the aforesaid motion, and not being sufficiently advised took time, &c.

XII.

#Affidavits of Sundry Witnesses.

And afterwards, to-wit, on the same day and year aforesaid, Justin Butterfield, attorney for said petitioner, filed the affidavits, of which the following are copies:

Circuit Court of the United States,

District of Illinois.

In the matter of Joseph Smith, upon habeas corpus.

District of Illinois, ss.

Stephen A. Douglas, James H. Ralston, Almeron Wheat, J. B. Backenstos, being duly sworn, each for himself, says that they were at Nauvoo in the county of Hancock, in this state on the seventh day of May last; that they saw Joseph Smith on that day reviewing the Nauvoo Legion at that place in the presence of several thousand persons.

J. B. BACKENSTOS,

STEPHEN A. DOUGLAS.

Sworn to and subscribed in open court, this 4th day of January, 1843.

JAMES F. OWINGS, Clerk.

Circuit Court of the United States, District of Illinois.

In the matter of Joseph Smith upon habeas corpus.

District of Illinois:—Wilson Law, Henry G. Sherwood, Theodore Turley, Shadrach Roundy, Willard Richards, William Clayton, and Hyrum Smith, being duly sworn, say that they know that Joseph Smith was in Nauvoo, in the county or Hancock, in the state of Illinois, during the whole of the sixth and seventh days of May last; that on the sixth day of May, aforesaid, the said Smith attended an officer-drill at Nauvoo, from ten o'clock in the forenoon to about four o'clock in the afternoon, at which drill the said Joseph Smith was present. And these deponents, Hyrum Smith, Willard Richards, Henry G. Sherwood, John Taylor, and William Clayton, were with the said Smith at Nauvoo aforesaid, during the evening of the sixth day of May last, and sat with the said Joseph Smith in Nauvoo Lodge from six until nine o'clock of said evening. And these deponents, Hyrum Smith, Willard Richards, and William Marks, were with the said Smith at his dwelling house, in Nauvoo, on and during the evening of the fifth day of May last, and conversed with him; and all of the deponents aforesaid do say that, on the seventh day of May aforesaid, the said Smith reviewed the Nauvoo Legion, and was present with the said Legion all that day, in the presence of many thousand people, and it would have been impossible for the said Joseph Smith to have been at any place in the state of Missouri at any time on or between the sixth or seventh days of May aforesaid. And these deponents, Willard Richards, William Clayton, Hyrum Smith, and Lorin Walker, say that they have seen and conversed with the said Smith at Nauvoo, aforesaid, daily, from the tenth of February last, until the first day of July last, and know that he has not been absent from said city of Nauvoo, at any time during that time, long enough to have been in the state of Missouri; that Jackson county in the state of Missouri is about three hundred miles from Nauvoo.

WILSON LAW,

HENRY G. SHERWOOD,

THEODORE TURLEY,

SHADRACH ROUNDY,

WILLARD RICHARDS,

WILLIAM CLAYTON,

JOHN TAYLOR,

WILLIAM MARKS,

LORIN WALKER.

Sworn to and subscribed in open court, this 4th January, 1843.

OWINGS, Clerk.

XIII.

#Denial of the Court to Dismiss the Case.

And afterwards, to wit on the 5th day of January, 1843, the following order was made in this cause,—viz.:

In the matter of Joseph Smith on habeas corpus.

And now, at this day, comes again the said Joseph Smith, by Justin Butterfield, his attorney, and at the same time also comes Josiah Lamborn, attorney-general of the state of Illinois; and the court being now sufficiently advised of and concerning the motion heretofore entered to dismiss the proceedings in this cause, it is considered that said motion be denied; and the court having fully considered the petition of the said Joseph Smith, and the matters and things set forth in the return made to the writ of habeas corpus issued herein, and being now sufficiently advised of and concerning the same, it is considered and adjudged that the matters and things set forth in the return to the said writ of habeas corpus are wholly insufficient in law to authorize the arrest and detention of the said Joseph Smith; and it is further considered, ordered, and adjudged by the court that the said Joseph Smith be fully released and discharged from the custody of William F. Elkin, sheriff of Sangamon county, under the warrant of the governor of the state of Illinois, mentioned in the said return, and also from the custody of Wilson Law, on the proclamation of the said governor mentioned in the said return, and that he go hence without delay.

United States of America

District of Illinois. ss.

I, James F. Owing, clerk of the United States Circuit Court for the district of Illinois, do certify that the foregoing is a true and correct copy of the record and proceedings before said court, in the matter of Joseph Smith, on petition, to be discharged on habeas corpus, as the same remain on the record and files of said court.

In testimony whereof, I have hereunto subscribed my name, and affixed the seal of said court at Springfield, this sixth day of January, A. D. 1843, and of our independence the 67th year.

[Seal] JAMES F. OWING, Clerk.

XIV.

#Executive's Order of Release.

I do hereby certify that I have inspected the foregoing record, and there is now no further cause for arresting or detaining Joseph Smith, therein named, by virtue of any proclamation or executive warrant heretofore issued by the governor of this state; and that since the judgment of the Circuit Court of the United States for the district of Illinois, all such proclamations are inoperative and void.

Witness my hand and seal, at Springfield, this 6th day of January, 1843.

[Seal] THOMAS FORD,

Governor of Illinois.

The Prophet's Comment on Judge Pope's Opinion.

The opinion of Judge Pope as recorded in this history, was copied from the Sangamon Journal, and believed to be Judge Pope's opinion, as corrected and altered by him from the report furnished him by my secretary.

In the judge's opinion on the bench, he remarked like this:—"Were it my prerogative to impeach Congress for any one thing, it would be for granting power for the transportation of fugitives on affidavit, and not on indictment alone." He also passed several severe strictures on the actions of different governors and others concerned in my case, but which I suppose he thought proper to omit in his printed copy.

I received many invitations to visit distinguished gentlemen in Springfield, which time would not permit me to comply with; also a ticket from the manager to attend the theatre this evening; but the play was prevented by the rain.

CHAPTER XIII.

THE PROPHET AGAIN IN NAUVOO—CELEBRATION OF HIS RELEASE FROM OPPRESSION—"VADE MECUM"—REINSTATEMENT OF ORSON PRATT—DISCOURSES OF THE PROPHET, "THE KINGDOM OF GOD;" "THE MISSION AND GREATNESS OF JOHN THE BAPTIST;" "INTERPRETATION OF SCRIPTURES."

The Start for Nauvoo.

Saturday, January 7, 1843.—At half-past eight in the morning, we left Judge Adams' to return to Nauvoo, and arrived at Captain Dutch's at four in the evening. Traveling very bad, with snow and mud, and yet so cold as to whiten the horses with frost. While riding this day, General Law and Dr. Richards composed a Jubilee Song, which they wrote and sang in the evening, and "dedicated to all lovers of Illinois' liberties," as printed on the first page of 37th Number of The Wasp.

Recent accounts from Alexandria, in Egypt, state the mortality (murrain) among the cattle still continues; and it was estimated that upwards of 200,000 oxen had already died.

Sunday, 8.—At eight in the morning we left Captain Dutch's, and, passing through Geneva and Beardstown, and crossing the Illinois river on the ice, arrived at Rushville at four in the evening. After supper, I went to Mr. Uriah Brown's, with several of the brethren and spent the evening very agreeably, partly in examining drafts of improvements he had made in some operative and defensive machinery.

An Accident by the Way.

Monday, 9.—At half-past eight in the morning, started for Plymouth: roads very hard, smooth and icy. When about two miles west of Brooklyn, at half-past twelve p.m., the horses of the large carriage slipped and became unmanageable; and horses and carriage, with Lorin Walker and Dr. Richards in it, went off the embankment some six or eight feet perpendicular, doing no damage except breaking the fore-axletree and top of the carriage. It was a remarkable interposition of Providence that neither of the brethren were injured in the least. The company agreed that Lilburn W. Boggs should pay the damage; cut down a small tree, spliced the axle, drove on, and arrived at Brother Samuel Smith's in Plymouth, about four p. m. After supper, I visited my sister, Catherine Salisbury, accompanied by Dr. Richards and Sister Durphy. This was the first time I had visited my sister in the state of Illinois, and the circumstance brought vividly to my mind many things pertaining to my father's house, ^[A] of which I spake freely, and particularly of my brother Alvin. He was a very handsome man, surpassed by none but Adam and Seth, and of great strength. When two Irishmen were fighting, and one was about to gouge the other's eyes, Alvin took him by his collar and breeches, and threw him over the ring, which was composed of men standing around to witness the fight.

[Footnote A: "While there," said Dr. Richards, "my heart was pained to see a sister of Joseph's almost barefoot, and four lovely children entirely so, in the middle of a severe winter. What has not Joseph and his father's family suffered to bring forth the work of the Lord in these latter days!">[

We returned to Brother Samuel's just before the close of the meeting at the schoolhouse, where Elder John Taylor preached. After passing the usual salutations with several who had called to see me, singing the Jubilee Song, etc., retired to rest.

Arrival in Nauvoo.

Tuesday, 10.—At half-past eight in the morning, we started for Nauvoo, and, stopping only to water at the public well at Carthage, arrived at my house at half-past two p. m.; found my family well, who, with many friends assembled to greet us on our safe return and my freedom. My aged mother came in and got hold of my arm before I saw her, which produced a very agreeable surprise, and she was overjoyed to behold her son free once more.

Wednesday, 11.—I rode out with Emma this morning, designing to go to Brother Daniel Russel's, and apologize for breaking his carriage on our return from Springfield: but broke a sleigh-shoe, and returned home, where I received a visit from a company of gentlemen and ladies from Farmington, on the Des Moines river, who left at half-past two p. m.

A Dinner Party at the Prophet's Home.

I directed letters of invitation to be written from myself and lady for a dinner party at my house on Wednesday next, at ten a. m., to be directed to Brothers Wilson Law, William Law, Hyrum Smith, Samuel Bennett, John Taylor, William Marks, Peter Haws, Orson Hyde, Henry G. Sherwood, William Clayton, Jabez Durphy, H. Tate, Edward Hunter, Theodore Turley, Shadrach Roundy, Willard Richards, Arthur Millikin, Brigham Young, Heber C. Kimball, Wilford Woodruff, George A. Smith, Alpheus Cutler, Reynolds Cahoon, and ladies; also Mr. Levi Moffat, and Carlos Granger, and ladies; my mother, Lucy Smith, and Sisters Eliza R. Snow and Hannah Ells.

On hearing of my invitation for dinner, the Twelve Apostles issued the following