The following appears in the Times and Seasons:
LETTER: WILLIAM CLAYTON DESCRIBING THE FARCICAL PROCEEDINGS OF THE COURT AT DIXON IN THE CASE OF JOSEPH SMITH VS. JOSEPH H. REYNOLDS OF MISSOURI AND HARMON T. WILSON.
DEAR SIR.—I have just returned from the north part of this state, where I have been on business for our beloved President Joseph Smith; and it feels so good to breathe the pure air of liberty and friendship after spending some three or four days in a swamp, or rather a slough of religious prejudice and political hypocrisy, which are equally nauseous and offensive, that I cannot let this opportunity pass without giving vent to some of my feelings in regard to what passed while I remained at Dixon, on Rock River.
My principle business was to appear in the Lee county Circuit Court as a witness in the case of Joseph Smith, vs. Joseph H. Reynolds and Harmon T. Wilson, for false imprisonment and using unnecessary force and violence in arresting the plaintiff.
A plea had been entered in this suit by this counsel for the defendants, to which the counsel for the plaintiff demurred. The demurrer was argued on Wednesday morning, the 8th inst., and the parties finally joined issue on the charge of using unnecessary force and violence; and the court gave permission, by consent of the bar, to proceed with the trial, but the counsel not being fully prepared, it was laid over until the following morning, the 9th inst.
On Thursday morning, after the usual preliminaries of opening court, the above case was called up for trial, and the clerk ordered to impanel a jury; and here, sir, a scene took place which ought to make every honest American citizen blush and weep for the credit and honor of his country and laws. A number of men were called up, and when questioned as to whether they had previously expressed opinions in relation to the suit now pending, nearly the whole answered in the affirmative. The further question was then put as to whether they had any prejudice against either of the parties; to which a great majority replied they had against Smith. They were then questioned as to what their prejudice had reference—his religious sentiments, or general course of conduct. The greater part replied, to his religious sentiments; and the remainder said they were opposed to his general course of conduct.
About twenty men had to be called upon, one after another, out of the number the court finally selected twelve as competent jurors though the majority of these decidedly expressed their feelings of prejudice against the plaintiff. They were, however, accepted on the ground that they said they thought they could do justice to both parties, although some of them expressed a doubt whether they could do justice or not.
The jury being sworn, the court, or rather the counsel, proceeded to examine the witnesses on the part of the plaintiff, which occupied nearly the whole day. But little of the real matter of fact could be set before the court on account of their being confined to the charge of unnecessary force and violence; but this was proven in the clearest point of light.
I must refer to the testimony of old Mr. Dixon, whose silvery locks seem to tell an age of many years. His evidence related to the circumstance of the Missouri sheriff refusing for a length of time to give the plaintiff the privilege of habeas corpus, and threatening to drag him to Missouri in fifteen minutes from the time they arrived at Dixon. The old gentleman seemed to tremble with indignation while relating the simple facts as they transpired at the time; and, like a true lover of his country, appeared proud of the privilege of telling those men that the citizens of Dixon would not suffer themselves to be disgraced by permitting them to drag away a citizen of this state to a foreign state for trial without the privilege of a trial by habeas corpus—a privilege which is guaranteed to every individual under like circumstances, and especially when it was understood that he was to be dragged to Missouri, amongst a people whose hands are yet dripping with the blood of murdered innocence, and who thirst for the blood of General Joseph Smith as the howling wolf thirsts for his prey. Surely such a picture would melt the heart of anything but an adamantine. There are those, and men too who profess to be the followers of the Lord Jesus Christ, who can hear such things and still wish the Missourians had got General Smith to Missouri to murder him without judge or jury, and surely they are no better than murderers themselves, and only lack the opportunity to make them shedders of innocent blood.
After the evidence was through on the part of the plaintiff, the witness for the defense was examined, which only occupied a few minutes. The arguments were then advanced on both sides, during which time I could not help noticing how apt the respectable gentleman of the opposite counsel was to sing the song of "old Joe Smith," &c., which might appear very gentlemanly in his mind, but to me it seemed as contemptible as the voice of a stupid ass, or the tongue of slander.
Finally the case was submitted to the jury, who were charged by the court, and then ordered to retire and bring in a sealed verdict the following morning at nine o'clock. Friday morning came and with it the verdict, and it proved to be in favor of the plaintiff and against the defendants for forty dollars and costs of suit. I confess I was astonished when I heard it, and could not help thinking that prejudice sometimes overrules justice even in the jury box. I could not help comparing the results of this trial with one which came off the day previous, wherein a certain person complained of another for destroying his cow by setting his dogs on the animal until they worried her. It appeared the cow of the plaintiff had seen fit to break into the defendant's lot without asking leave, and the defendant, or rather his men, not liking such treatment, set the dogs on her and destroyed her. Well, the result of this trial was a verdict of damages for the plaintiff of thirty dollars and costs!
Now, sir, compare the two cases. On the one hand here is a citizen of the United States near two hundred miles from his home and his friends; he is on a visit with his family, not dreaming of danger or difficulty. Two men—or rather wolves in sheep's clothing—for it is a fact that when Wilson and Reynolds made inquiry for General Smith at Dixon at the time of the arrest, they said they were "Mormon Elders," and wanted to see President Smith, &c.—two men, I say, while he is thus enjoying himself with his family, came upon him with each a loaded pistol in his hand, and threatened to shoot him dead if he offered the least resistance, although no resistance had been offered. They then began to haul him about; and when he asked them what they wanted with him, and what was their authority, they replied they were going to take him to Missouri; and jamming their pistols at his side, swore that was their authority. He requested them to let him go into the house to bid his family good-by; but this they positively refused, not even giving him the privilege to get his hat. They then forced him into the wagon and placing themselves one on each side, with a loaded pistol pressed close against his side, and repeatedly striking him with them, so as to make him lame and sore for two weeks afterwards, they drove him to Dixon, and ordered horses ready in fifteen minutes to drag him among his murderers, and otherwise abused, insulted, threatened, and treated him in the cruelest manner possible, filling his family with the most excruciating pangs, and rending the heart of his beloved companion with grief to witness their ferocious cruelty, not knowing but his life would be sacrificed before morning; and finally pursued their persecutions until it cost him from $3,500 to $5,000 expenses; and all this without a cause; and when he sues for justice against these men he obtains damages to the amount of forty dollars!
On the other hand, a man loses a cow which had broke into his neighbor's lot, and he obtained damages to the amount of thirty dollars.
Now, sir, if this is not the effects of prejudice amounting to oppression, then I am no judge of right and wrong. I am very much inclined to think that if General Joseph Smith or any of his friends had treated any citizen of this state or any other state in the manner he was treated by these men, and they had sued for damages as he did, the case would have terminated very differently. However, so it is.
The idea of a man yielding to such a degree of prejudice as to render him incapable of executing justice between man and man, merely from rumor and report, is to me perfectly ridiculous and contemptible, as well as wicked and unjust. And when a man is all the day long boasting of the rights and privileges guaranteed to every citizen of the United States under the Constitution and laws, and at the same time is so prejudiced against one of the most peaceable citizens that he does not know whether he can render him justice in a court of equity, but would rather strengthen the hands of mobocrats and law-breakers, the inference that one must naturally draw is that such a man is a consummate scoundrel and hypocrite, or that he is guilty of the most flagrant violation of the most sacred constitutional principles embraced in the fundamental doctrines of this republic. I am happy, sir, to have evidence daily that no such corrupt prejudice exists in the heart of General Joseph Smith, nor in the community, so far as I have been able to discover.
Now, as to the exceptions these men have taken in regard to General Smith's religious views or general course of conduct, it matters not much. His religious views are his inalienable right, and are nobody's business; and the man who cannot render him justice on that account is a wilful violator of the laws he professes to admire; and, sir, I have for more than two years last past been a close observer of General Smith's general course of conduct, as well as his private life; and justice to him, to myself, and the community at large, compels me to say that, in all my intercourse with men, I never associated with a more honorable, upright, charitable, benevolent, and law-abiding man than is the much persecuted General Smith; and, sir, when I hear men speak reproachfully of him, I never ask for a second evidence of their corruptness and baseness. General Smith, sir, is a man of God, a man of truth, and a lover of his country; and never did I hear him breathe out curses or raillery at any man because he saw fit to differ in religious matters. Shame on the principle—shame on the man or set of men who show themselves so degraded and miserably corrupt.
The last night of our stay at Dixon, I had the privilege of speaking on the principles of my religion to a number of individuals in a kind of argument with two men; and, sir, although it is near some four years since I have made a practice of preaching, it felt as sweet as ever. Truth to an honest heart is sweet, but to a wicked man is like a piercing sword, as was manifest on that occasion; for although the principles of the Gospel were laid down so plain and clear that it was impossible to misunderstand, yet the opposing party repeatedly misconstrued my language, and even his own admission.
I cannot persuade myself that the prejudice referred to above is a general thing. There are many honorable exceptions, and I presume if the Mormons had signified their intentions of supporting the Democratic candidate for the presidency at the ensuing election, instead of nominating an independent candidate of their own choice, their prejudice would not have been so great at the trial of Reynolds and Wilson, and perhaps General Smith would have obtained a judgment somewhat equivalent to the injuries he sustained from that unholy prosecution. But the Mormon people are too noble-minded to be bought or biased by fear or favor, and have been too often deceived by the plausible pretensions of demagogues to put trust in any but tried friends. General Smith has ever been an undeviating friend, not only to this community, but to the oppressed of every name or society, and we consider him as competent and qualified for the highest office of the United States as any other man, and a little more so; and a great deal more worthy of it.
In conclusion, let me say that whatever others may say, I consider, it an honor to be associated with such a man as General Joseph Smith, and all true followers of the Lord Jesus Christ; and the more wicked men despise and misrepresent the principles and conduct of President Smith, the more I love him and delight in his society; and this I can do without prejudice or animosity against any man or set of men. I believe in the broad principle of equal rights and privileges, so far as religion or politics are concerned; and while I seek to enjoy my religion according to the knowledge in me, I will interfere with the rights of no man, nor persecute because my neighbor does not think as I do.
A multitude of business compels me to close, and I must forbear. I have the honor to be your brother in the everlasting covenant.
WILLIAM CLAYTON.
NAUVOO, May 16, 1844.
From the Neighbor:—
STEAMBOAT ELECTION.
On the last upward voyage of the Osprey from St. Louis to this place as usual, the merits of the several candidates for the next Presidential election were discussed. A vote was taken, and the following was the state of the polls as handed to us by a gentleman who came as passenger:—
General Joseph Smith, 26 gentlemen, 3 ladies.
Henry Clay, 6 gentlemen, 2 ladies.
Van Buren, 2 gentlemen, 0 ladies.
The ladies are altogether forsaking Van Buren, and the gentlemen as a matter of course are following after. There is a wonderful shrinkage Henry Clay, but the General is going it with a rush. Hurrah for the General!
Footnotes:
[1]. This was Illinois' senior Senator at the time.
[2]. The reason for this reference to Missouri and of possible difficulty arising from the Saints going to Oregon without a guarantee of protection from the general government grew out of the fact that nearly all the early settlers of the Oregon territory were from Missouri. Even in this month of May, 1844, Cornelius Gilliam, the inveterate enemy of the Saints, and who took so prominent a part in the troubles about Far West, was collecting a large company at Independence, Missouri, numbering over three hundred persons, to start for Oregon that season; and all along the Oregon route on the south side of the Platte river, the road was thronged during the next several years by emigrants, very many of whom, and for some time the most of whom, were from Missouri. (See Western Missouri Expositor, May 18 1844. Also Bancroft's Oregon Vol. I, page 449, Passim).
[3]. This was John C. Fremont.
[4]. For the part taken by Mr. Reid in defending the Prophet in those early experiences, See this HISTORY Vol. I, pp. 89-96 and note p. 94 et seq.