"We lost no time in starting; but when we arrived at Carthage we could hear no more concerning this story. Again, during the few days that the militia were encamped at Carthage, frequent applications were made to me to send a force here, and a force there, and a force all about the country, to prevent murders, robberies, and larcenies which, it was said, were threatened by the Mormons. No such forces were sent, nor were any such offenses committed at that time, except the stealing of some provisions, and there was never the least proof that this was done by a Mormon. Again, on my late visit to Hancock County, I was informed by some of their violent enemies that the larcenies of the Mormons had become unusually numerous and insufferable.
"They admitted that but little had been done in this way in their immediate vicinity, but they insisted that sixteen horses had been stolen by the Mormons in one night near Lima, and, upon inquiry, was told that no horses had been stolen in that neighborhood, but that sixteen horses had been stolen in one night in Hancock County. This last informant being told of the Hancock story, again changed the venue to another distant settlement in the northern edge of Adams."[[4]]
In the meantime legal proceedings were instituted against the members of the city council of Nauvoo. A writ, here subjoined, was issued upon the affidavit of the Laws, Fosters, Higbees, and Ivins, by Mr. Morrison, a justice of the peace in Carthage, the county seat of Hancock, and put into the hands of one David Bettesworth, a constable of the same place.
Writ issued upon affidavit by Thomas Morrison, J. P., State of Illinois, Hancock County, ss.
"The people of the State of Illinois, to all constables, sheriffs, and coroners of said State, greeting:
"Whereas complaint hath been made before me, one of the justices of the peace in and for the county of Hancock aforesaid, upon the oath of Francis M. Higbee, of the said county, that Joseph Smith, Samuel Bennett, John Taylor, William W. Phelps, Hyrum Smith, John P. Greene, Stephen Perry, Dimick B. Huntington, Jonathan Dunham, Stephen Markham, William Edwards, Jonathan Holmes, Jesse P. Harmon, John Lytle, Joseph W. Coolidge, Harvey D. Redfield, Porter Rockwell, and Levi Richards, of said county, did, on the tenth day of June instant, commit a riot at and within the county aforesaid, wherein they with force and violence broke into the printing office of the Nauvoo Expositor, and unlawfully and with force burned and destroyed the printing press, type and fixtures of the same, being the property of William Law, Wilson Law, Charles Ivins, Francis M. Higbee, Chauncey L. Higbee, Robert D. Foster and Charles A. Foster.
"These are therefore to command you forthwith to apprehend the said Joseph Smith, Samuel Bennett, John Taylor, William W. Phelps, Hyrum Smith, John P. Greene, Stephen Perry, Dimick B. Huntington, Jonathan Dunham, Stephen Markham, William Edwards, Jonathan Holmes, Jesse P. Harmon, John Lytle, Joseph W. Coolidge, Harvey D. Redfield, Porter Rockwell, and Levi Richards, and bring them before me, or some other justice of the peace, to answer the premises, and farther to be dealt with according to law.
"Given under my hand and seal at Carthage, in the county aforesaid, this 11th day of June, A. D. 1844.
"THOMAS MORRISON, J. P." (Seal.)[[5]]
The council did not refuse to attend to the legal proceedings in the case, but as the law of Illinois made it the privilege of the persons accused to go "or appear before the issuer of the writ, or any other justice of the peace," they requested to be taken before another magistrate, either in the city of Nauvoo or at any reasonable distance out of it.
This the constable, who was a mobocrat, refused to do; and as this was our legal privilege we refused to be dragged, contrary to law, a distance of eighteen miles, when at the same time we had reason to believe that an organized band of mobocrats were assembled for the purpose of extermination or murder, and among whom it would not be safe to go without a superior force of armed men. A writ of habeas corpus was called for, and issued by the municipal court of Nauvoo, taking us out of the hands of Bettesworth, and placing us in the charge of the city marshal. We went before the municipal court and were dismissed. Our refusal to obey this illegal proceeding was by them construed into a refusal to submit to law, and circulated as such, and the people either did believe, or professed to believe, that we were in open rebellion against the laws and the authorities of the State. Hence mobs began to assemble, among which all through the country inflammatory speeches were made, exciting them to mobocracy and violence. Soon they commenced their depredations in our outside settlements, kidnapping some, and whipping and otherwise abusing others.
The persons thus abused fled to Nauvoo as soon as practicable, and related their injuries to Joseph Smith, then mayor of the city, and lieutenant general of the Nauvoo Legion. They also went before magistrates, and made affidavits of what they had suffered, seen and heard. These affidavits, in connection with a copy of all our proceedings were forwarded by Joseph Smith to Mr. Ford, then governor of Illinois, with an expression of our desire to abide law, and a request that the governor would instruct him how to proceed in the case of arrival of an armed mob against the city. The governor sent back instructions to Joseph Smith that, as he was lieutenant general of the Nauvoo Legion, it was his duty to protect the city and surrounding country, and issued orders to that effect. Upon the reception of these orders Joseph Smith assembled the people of the city, and laid before them the governor's instructions; he also convened the officers of the Nauvoo Legion for the purpose of conferring in relation to the best mode of defense. He also issued orders to the men to hold themselves in readiness in case of being called upon. On the following day General Joseph Smith, with his staff, the leading officers of the Legion, and some prominent strangers who were in our midst, made a survey of the outside boundaries of the city, which was very extensive, being about five miles up and down the river, and about two and a half back in the center, for the purpose of ascertaining the position of the ground, and the feasibility of defense, and to make all necessary arrangements in case of an attack.
It may be well here to remark that numbers of gentlemen, strangers to us, either came on purpose or were passing through Nauvoo, and upon learning the position of things, expressed their indignation against our enemies, and avowed their readiness to assist us by their counsel or otherwise. It was some of these who assisted us in reconnoitering the city, and finding out its adaptability for defense, and how to protect it best against an armed force. The Legion was called together and drilled, and every means made use of for defense. At the call of the officers, old and young men came forward, both from the city and the country, and mustered to the number of about five thousand.
In the meantime our enemies were not idle in mustering their forces and committing depredations, nor had they been; it was, in fact, their gathering that called ours into existence; their forces continued to accumulate; they assumed a threatening attitude, and assembled in large bodies, armed and equipped for war, and threatened the destruction and extermination of the Mormons.
An account of their outrages and assemblages was forwarded to Governor Ford almost daily; accompanied by affidavits furnished by eye-witnesses of their proceedings. Persons were also sent out to the counties around with pacific intentions, to give them an account of the true state of affairs, and to notify them of the feelings and dispositions of the people of Nauvoo, and thus, if possible, quell the excitement. In some of the more distant counties these men were very successful, and produced the salutary influence upon the minds of many intelligent and well-disposed men. In neighboring counties, however, where anti-Mormon influence prevailed, they produced little effect. At the same time guards were stationed around Nauvoo, and picket guards in the distance. At length opposing forces gathered so near that more active measures were taken; reconnoitering parties were sent out, and the city proclaimed under martial law. Things now assumed a belligerent attitude, and persons passing through the city were questioned as to what they knew of the enemy, while passes were in some instances given to avoid difficulty with the guards. Joseph Smith continued to send on messengers to the governor, (Philip B. Lewis and other messengers were sent.) Samuel James, then residing at La Harpe, carried a message and dispatches to him, and in a day or two after Bishop Edward Hunter and others went again with fresh dispatches, representations, affidavits, and instructions; but as the weather was excessively wet, the rivers swollen, and the bridges washed away in many places, it was with great difficulty that they proceeded on their journeys. As the mobocracy had at last attracted the governor's attention, he started in company with some others from Springfield to the scene of trouble, and missed, I believe, both Brothers James and Hunter on the road, and, of course, did not see their documents. He came to Carthage, and made that place, which was a regular mobocratic den, his headquarters; as it was the county seat, however, of Hancock County, that circumstance might, in a measure, justify his staying there.