At 5 p.m. I appeared before the Municipal Court on the above habeas corpus. The following is a copy of their docket.
Hearing on the Expositor affairs Before the Municipal Court of Nauvoo—Habeas Corpus Proceedings.
Special session, June 12th, 1844, 5 o'clock p.m.
Present—Alderman N. K. Whitney, Orson Spencer, George W. Harris, Gustavus Hills, Elias Smith, and Samuel Bennett, associate justices. The Mayor being on trial, George W. Harris was elected president pro tem.
John P. Greene, Marshal, made his return on the writ of habeas corpus; "the body of Joseph Smith in court."
David Bettisworth made his return on the copy of the warrant which was attached to the petition as follows:—"I hold the body of Joseph Smith by virtue of a writ, of which the within is a copy. David Bettisworth, constable."
7th section of Addenda of City Ordinance read by Councilor George P. Styles. Resolution of City Council June 10th, 1844, declaring printing establishment of the Nauvoo Expositor a nuisance read. Mayor's order to the Marshal to execute the same was also read, and Lieut.-General's order of June 10th, 1844, to Major-General Dunham to assist the Marshal to destroy said printing establishment.
Theodore Turley sworn, said that the order of the Marshal was executed quietly and peaceably. There was no riot or disturbance, no noise, no exultation; the Marshal endeavored to keep peace and silence, and the officers did also. The two companies under command of Dunham and Markham retired in perfect order; no exultation or shouting. Marched in front of the Mansion, and were dismissed.
J. R. Wakefield confirmed the statements of Theodore Turley: said the Marshal stated his authority, and demanded the keys of the building, which Higbee denied; and Marshal ordered the door to be forced, and the press was broken, and type pied in the street.
James Jackson, sworn, confirmed the statements of previous witnesses; heard no noise on opening the door. Most of the confusion he heard was Higbee and his company throwing blackguard language to the posse, which they did not regard: saw the whole proceedings till they were dismissed; all was done in order. Higbee's blackguard language was not answered to at all by the ranks. Heard nothing said about shooting. Heard some one damn the city authorities. Understood it was Charles Foster. I am a stranger in this place.
John Kay, Robert Clift, Augustus A. Farnham, Joseph A. Kelting, Henry G. Sherwood, Augustus Stafford, Cyrus Canfield, John Gleason sworn.
Henry G. Sherwood confirmed the statements of previous witnesses. Pullin called for Dr. Foster and the officer commanded silence. Francis M. Higbee's threats have been lavish towards General Smith and Hyrum for a long time; has threatened injury upon them and the property of the Smiths. His conspiracies and threats have not been a little.
Orrin P. Rockwell sworn. Some three or four weeks ago said Francis M. Higbee said he would go his death against Joseph and Hyrum Smith. Francis said, "I know my course is wrong; but if I stop I shall get hell, and if I go on I shall only get hell;" and would do what he intended at the risk of his life, and would destroy the General if possible. Said the Council had ordered the press destroyed and "who lays his hands on the press it is death to them." Witness has frequently heard Higbee tell lies about the General to injure his character.
John Hughes, Joseph Dalton, William Clayton and James Goff sworn. John Hughes said, Higbee said, "By God, all I want to live for is to see this city sunk down to the lowest hell, and by God it shall!" This was just previous to the Marshal's arriving on the 10th. William Clayton said two years ago this June Francis M. Higbee confessed he was concerned with John C. Bennett in his iniquity, and had a bad disorder: said he knew his character was ruined. From time to time since that, witness knew Higbee had been threatening General Smith's character and property.
Leonard Soby heard Higbee threaten to shoot General Smith at Rollinson's store, and Higbee said the destinies of this people are this day sealed in the archives of heaven, and there shall not be left one stone upon another on that temple.
John P. McEwan: Higbee said, in reference to Joseph Smith, "G—d—him, I will shoot him and all that pertains to him; and before ten suns shall go over our heads, the Temple, Nauvoo House and Mansion shall all be destroyed, and it will be the total downfall of this community."
Cyrus Canfield: Higbee said he would never let things go till he had accomplished the downfall of General Smith; that he did not value his life to produce the downfall of General Smith.
Joseph Dalton: Higbee said, if they laid their hands on the press, from that hour they might date their downfall; that ten suns should not roll over their heads till the city was destroyed.
Court decided that Joseph Smith had acted under proper authority in destroying the establishment of the Nauvoo Expositor on the 10th inst.; that his orders were executed in an orderly and judicious manner, without noise or tumult; that this was a malicious prosecution on the part of Francis M. Higbee; and that said Higbee pay the costs of suit, and that Joseph Smith be honorably discharged from the accusations and of the writ, and go hence without delay.
I received the following letter:
Letter: Washington Tucker to President Smith—Asking that Elders be Sent to Arkansas.
ELDORADO, UNION COUNTY, ARKANSAS, May 4th, 1844.
To General Joseph Smith of Nauvoo, Illinois:
REVEREND SIR.—Last winter, while in the State of Mississippi, I became acquainted with one of your missionaries who was laboring at the time in that state. Also at the same time, I had an opportunity of perusing some of your sacred books; and from what I have been able to learn, as well from reading as from observation, I am constrained to be very favorably impressed towards the new doctrine. Although to me it certainly appears quite novel, yet I cannot do otherwise than believe there is great reality in it; so much so, indeed, that I am extremely anxious to become better informed on this all important and truly vital matter.
And, moreover, I am not the only one in this part who is an ardent seeker after truth. Indeed, the subject is beginning to produce a great deal of inquiry and some excitement in this country. Hundreds who never before heard of the new revelation are opening their eyes and staring and gaping to know more about it.
Some few days ago, several emigrants arrived here from Mississippi, who speak in the highest terms of the Latter-day Saints. Their report has greatly increased the inquiry and excitement previously going the rounds in this quarter. I hear a number speak of visiting Nauvoo, some of taking their families with them, and so remain there. But it is the general wish of a great many here in Union county for you to send a minister here immediately to instruct us and lead us more fully into the light of this wonderful and new revealed religion, and direct us into the true road to salvation.
This is the only subject on which my thoughts dwell both day and night; for, indeed, during my waking hours nothing diverts my meditation from this absorbing topic, and while asleep I dream of nothing else.
If you please, be so good as to send a laborer among us immediately; for indeed the harvest is great, and the laborers but few, or none at all, I have not the least doubt but that a Latter-day Saint would succeed here as well as the most sanguine could promise himself. His labors, I am sure, would be crowned with success, and the salvation of many a precious yet perishing soul might be rescued from death and prove the rich fruits of the missionary's toil.
The principal denominations here are the Methodists, the Baptists and Campbellites. A great many of the people, however, are none-professors, the greater majority of whom are quite moral, and many of them religiously inclined.
I shall look for a minister from you within two or three months. When he does come, I will see that he is hospitably received and entertained.
Your obedient and humble servant,
WASHINGTON TUCKER.
To which I wrote the following reply:
Letter: Joseph Smith to Washington Tucker, Promising that an Elder Should be Sent.
NAUVOO, ILLINOIS, June 12th, 1844.
SIR.—Your letter, dated May 4th, has reached me, and its contents duly considered. A multiplicity of business keeps me from writing as freely to correspondents as I could wish; still my heart is large enough for all men, and my sensibilities keen enough to have compassion for every case when justice, mercy, virtue, or humanity require it. Be pleased to accept my thanks for your very kind letter; study the Bible, and as many of our books as you can get; pray to the Father in the name of Jesus Christ, have faith in the promises made to the fathers, and your mind will be guided to the truth. An Elder shall be sent as soon as the Twelve can make the necessary arrangements.
In the Gospel of our Lord Jesus Christ,
I am your obedient servant,
JOSEPH SMITH.
WASHINGTON TUCKER, Eldorado, Arkansas.
The editor of the Neighbor writes:
A knot of base men, to further their wicked and malicious designs towards the Church of Jesus Christ of Latter-day Saints and to bolster up the intents of blacklegs and bogus-makers, and advocate the characters of murderers, established a press in this city last week, and issued a paper entitled the Nauvoo Expositor. The prospectus showed an intention to destroy the charter, and the paper was filled with libels and slanderous articles upon the citizens and City Council from one end to the other.
"A burnt child dreads the fire." The Church as a body and individually has suffered till "forbearance has ceased to be a virtue." The cries and pleadings of men, women and children, with the authorities were, "Will you suffer that servile, murderous paper to go on and vilify and slander the innocent inhabitants of this city, and raise another mob to drive and plunder us again as they did in Missouri?" Under these pressing cries and supplications of afflicted innocence, and in the character, dignity, and honor of the corporate powers of the charter, as granted to the city of Springfield, and made and provided as a part of our charter for legislative purposes—viz., "to declare what shall be a nuisance and to prevent and remove the same." The City Council of Nauvoo on Monday, the 10th instant, declared the establishment and Expositor a nuisance; and the city marshal, at the head of the police, in the evening, took the press, materials and paper into the street and burned them.
And in the name of freemen, and in the name of God, we beseech all men who have the spirit of honor in them to cease from persecuting us, collectively or individually. Let us enjoy our religion, rights and peace like the rest of mankind. Why start presses to destroy rights and privileges, and bring upon us mobs to plunder and murder? We ask no more than what belongs to us—the rights of Americans.
Further Account of Municipal Court on Expositor Case.
Thursday, 13.—At nine a.m. presided in Municipal Court, which sat in the Seventies' Hall. Present, William Marks, Newel K. Whitney, George W. Harris, Gustavus Hills, and Elias Smith, associate justices. Hyrum Smith, John P. Greene, William W. Phelps, Stephen Markham, Harvey D. Redfield, John Lytle, Dimick B. Huntington, John Taylor, Levi Richards, Stephen Perry, Jonathan B. Holmes, Jonathan Dunham, Samuel Bennett and William W. Edwards were arrested on the complaint of Francis M. Higbee, before Thomas Morrison, J. P., of Carthage, by David Bettisworth, constable of Hancock county. They petitioned for and obtained a writ of habeas corpus. I sat as chief-justice; William Marks, Newel K. Whitney, George W. Harris, Gustavus Hills, and Elias Smith as associate justices.