The Rise and Fall of Nauvoo

by B. H. Roberts

The following is the governor's remark in relation to this affair:

"The constable and his escort returned. The constable made no effort to arrest any of them, nor would he or the guard delay their departure one minute beyond the time, to see whether an arrest could be made. Upon their return they reported that they had been informed that the accused had fled, and could not be found. I immediately proposed to a council of officers to march into Nauvoo with the small force then under my command, but the officers were of the opinion that it was too small, and many of them insisted upon a further call of the militia. Upon reflection I was of the opinion that the officers were right in the estimate of our force, and the project for immediate action was abandoned.

"I was soon informed, however, of the conduct of the constable and guard, and then I was perfectly satisfied that a most base fraud had been attempted, that, in fact, it was feared that the Mormons would submit, and thereby entitle themselves to the protection of the law. It was very apparent that many of the bustling, active spirits were afraid that there would be no occasion for calling out an overwhelming militia force, for marching into Nauvoo, for probable mutiny when there, and for the extermination of the Mormon race. It appeared that the constable and the escort were fully in the secret, and acted well their part to promote the conspiracy." ^[[6]]

In the morning Brother Joseph had an interview with the officers of the Legion, with the leading members of the city council, and with the principal men of the city. The officers were instructed to dismiss their men, but to have them in a state of readiness to be called upon in any emergency that might occur.

About half past six o'clock the members of the city council, the marshal, Brothers Joseph and Hyrum, and a number of others, started for Carthage, on horseback. We were instructed by Brother Joseph Smith not to take any arms, and we consequently left them behind. We called at the house of Brother Fellows on our way out. Brother Fellows lived about four miles from Carthage.

While at Brother Fellow's house, Captain Dunn, accompanied by Mr. Coolie, one of the governor's aides-de-camp, came up from Carthage en route for Nauvoo with a requisition from the governor for the State arms. We all returned to Nauvoo with them; the governor's request was complied with, and after taking some refreshments, we all returned to proceed to Carthage. We arrived there late in the night. A great deal of excitement prevailed on and after our arrival. The governor had received into his company all of the companies that had been in the mob; these fellows were riotous and disorderly, hallowing, yelling, and whooping about the streets like Indians, many of them intoxicated; the whole presented a scene of rowdyism and low-bred ruffianism only found among mobocrats and desperadoes, and entirely revolting to the best feelings of humanity. The governor made a speech to them to the effect that he would show Joseph and Hyrum Smith to them in the morning.

About here the companies with the governor were drawn up in line, and General Demming, I think, took Joseph by the arm and Hyrum (Arnold says that Joseph took the governor's arm), and as he passed through between the ranks, the governor leading in front, very politely introduced them as General Joseph Smith and General Hyrum Smith.^[[7]]

All were orderly and courteous except one company of mobocrats—the Carthage Grays—who seemed to find fault on account of too much honor being paid to the Mormons. There was afterwards a row between the companies, and they came pretty near having a fight; the more orderly not feeling disposed to endorse or submit to the rowdyism of the mobocrats. The result was that General Demming, who was very much of a gentleman, ordered the Carthage Grays, a company under the command of Captain Smith, a magistrate in Carthage, and a most violent mobocrat, under arrest. This matter, however, was shortly afterward adjusted, and the difficulty settled between them.

The mayor, aldermen, councilors, as well as the marshal of the city of Nauvoo, together with some persons who had assisted the marshal in removing the press in Nauvoo, appeared before Justice Smith, the aforesaid captain and mobocrat, to again answer the charge of destroying the press; but as there was so much excitement, and as the man was an unprincipled villain before whom we were to have our hearing, we thought it most prudent to give bail, and consequently became security for each other in $500 bonds each, to appear before the County Court at its next session. We had engaged as counsel a lawyer by the name of Wood, of Burlington, Iowa; and Reed, I think, of Madison, Iowa After some little discussion the bonds were signed, and we were all dismissed.

Almost immediately after our dismissal, two men—Augustine Spencer and Norton—two worthless fellows, whose words would not have been taken for five cents, and the first of whom had a short time previously been before the mayor in Nauvoo for maltreating a lame brother, made affidavits that Joseph and Hyrum Smith were guilty of treason, and a writ was accordingly issued for their arrest, and the constable Bettesworth, a rough, unprincipled man, wished immediately to hurry them away to prison without any hearing. His rude, uncouth manner in the administration of what he considered the duties of his office made him exceedingly repulsive to us all. But, independent of these acts, the proceedings in this case were altogether illegal. Providing the court was sincere, which it was not, and providing these men's oaths were true, and that Joseph and Hyrum were guilty of treason, still the whole course was illegal.

The magistrate made out a mittimus, and committed them to prison without a hearing, which he had no right legally to do. The statue of Illinois expressly provides that "all men shall have a hearing before a magistrate before they shall be committed to prison;" and Mr. Robert H. Smith, the magistrate, had made out a mittimus committing them to prison contrary to law without such hearing. As I was informed of this illegal proceeding, I went immediately to the governor and informed him of it. Whether he was apprised of it before or not, I do not know; but my opinion is that he was.