The Rise and Fall of Nauvoo

by B. H. Roberts

Footnotes

[1]. Millennial Star, volume xxii: page 631. This Wm. Marks afterwards was prominent among those who induced the Prophet to come back and deliver himself up to his enemies after the Prophet had started west. After the Prophet's death he joined the apostate James J. Strang in his attempt to lead The Church, and still later was a principal factor in bringing into existence the "Josephite" or "Reorganized Church." See the author's work on "Succession in the Presidency of The Church."

[2]. A full account of this conspiracy written by Horace Cummings was published in the Contributor, vol. v.

[3]. "If Hyrum had lived he would not have stood between Joseph and the Twelve, but he would have stood for Joseph. Did Joseph ordain any man to take his place? He did. Who was it? It was Hyrum. But Hyrum fell a martyr before Joseph did."—Brigham Young, in a speech at the October conference at Nauvoo, 1844. In Times and Seasons, Vol. v. p. 683.

CHAPTER XXXVII.

COMPLIANCE WITH THE DEMANDS OF GOVERNOR FORD.

IN the midst of these preparations, a message was received from Governor Ford, stating that he had arrived in Carthage in the interests of peace, and hoped to be able to avert the evils of war by his presence; and that he might the better judge of the situation he asked that well-informed and discreet persons be sent to him at Carthage, where he had established for the time his headquarters. This request of the governor's was gladly complied with on the part of the people of Nauvoo; and John Taylor and Dr. J. M. Bernhisel were appointed to represent their version of the situation, and for that purpose were furnished with a copy of the proceedings of the city council, and the affidavits of a number of citizens bearing on the subjects that would likely be discussed.

These representatives of the citizens of Nauvoo, found the governor surrounded by their enemies—the Laws, Fosters, and Higbees, besides others living at Warsaw and Carthage. The only audience given to Messrs. Taylor and Bernhisel was in the presence of these parties, by whom they were frequently interrupted in the most insulting manner, and the parties insulting and abusing them were unchecked by Governor Ford.

After the governor had heard the statements of these gentlemen and read the documents presented by them, he sent a written communication to the mayor, Joseph Smith, in which he said that by destroying the Expositor press, the city council of Nauvoo had committed a gross outrage upon the laws and liberties of the people, and had violated the Constitution in several particulars. He also claimed that the municipal court of Nauvoo had exceeded its authority in granting writs of habeas corpus. He accepted the statement of the mob at Carthage that Joseph Smith refused to be tried by any other court than the municipal court of Nauvoo, although he had before him the most positive proof that Joseph was willing to go before any justice of the peace in Hancock County, except Justice Morrison of Carthage, where an angry mob had collected, and were threatening his destruction, and since the warrant was made returnable to the magistrate who issued it, or any other justice in the county, the Prophet expressed a willingness to go before any other justice, but very properly refused to go to Carthage. He was even willing to be bound over to appear in the circuit court to answer for the part he took in abating the Expositor press as a nuisance. Yet in the face of these facts—in the face of the fact that all the parties charged with riot had appeared before D. H. Wells, a justice of the peace and a non-Mormon, and after investigation were acquitted—yet the governor charged the members of the city council with refusing to appear before any other than the municipal court of Nauvoo for an investigation. He demanded that the mayor and all persons in Nauvoo accused or sued submit in all cases implicitly to the process of the courts and to interpose no obstacles to an arrest, either by writ of habeas corpus or otherwise. And in the case of the mayor and a number of the city council charged with riot, he required that they should be arrested by the same constable, by virtue of the same warrant, and tried before the same magistrate, whose authority he insisted had been resisted. "Nothing short of this," he added, "can vindicate the dignity of violated law, and allay the just excitement of the people." Messrs. Taylor and Bernhisel called his attention to the state of excitement in Carthage, and informed him that there were men there bent on killing the Prophet, and that to ensure his safety it would be necessary for him to be accompanied by an armed force which would doubtless provoke a collision. In answer to this the governor advised them to bring no arms, and pledged his faith as governor, and that of the State, to protect those who should go to Carthage for trial. He also made the same pledge in his written communication to Joseph.

The conduct of the governor in thus adopting the reports of the enemies of the citizens of Nauvoo, and menacing the city with destruction, if his arbitrary commands were not complied with, created no small amount of astonishment in Nauvoo. Joseph, however, wrote a courteous reply, corrected the governor's errors, and also represented that the city council of Nauvoo had acted on their best judgment, aided by the best legal advice they could procure; but if a mistake had been made they were willing to make all things right; but asked that the mob might be dispersed, that their lives might not be endangered while on trial. Relative to going to Carthage, however, Joseph pointed out the fact that the governor himself in his written communication had expressed his fears that he could not control the mob; "in which case," he went on to say, "we are left to the mercy of the merciless. Sir, we dare not come for our lives would be in danger, and we are guilty of no crime."