I insert the following from the Neighbor, as a specimen of the respect which the Carthage mob has for law or justice:
DISGRACEFUL AFFAIR AT CARTHAGE—OFFICERS RESISTED.
On Tuesday last Horace S. Eldredge, one of our county officers, went to Carthage for the purpose of arresting Milton Cook, on the charge of bastardy, and bringing him before R. D. Foster, justice of the peace of this county, before whom affidavit had been made to that effect. He found the accused in Bartlett's grocery, (Carthage,) and arrested him.
Cook had a gun that he said he had loaded for the purpose, and would make a hole through the constable if he molested him, and swore he would not be taken.
Harmon T. Wilson and others then stepped forward to his assistance, and said that they had sworn to stand by him, and that he should not go. He [Eldredge] then returned with his process to the justice of the peace, and told him what had occurred.
Mr. R. D. Foster then summoned eleven men to go along with the constable and assist him in bringing the delinquent. They went out and drove to the grocery, where they expected to find him; but he was not there. They then went out for a short time, without making known their business, when they saw an armed force gathering.
They shortly afterwards returned to the grocery, and saw him there where he swore he would not be taken. There was also an armed force standing in the door, who also swore he should not be taken.
The officer having the process, Mr. Markham and Mr. Eagle stepped forward and wished to reason the case with them, the officer at the same time demanding their assistance. They were met with an armed force of about twenty, four of whom stood in the doorway, two with guns and bayonets, and two with pistols.
The two having the bayonets charged directly at Mr. Markham, and swore they would run him through, and rushed upon him with their bayonets. He, however, warded off their blows with his arm, and the bayonet glanced and struck Mr. John Eagle in the abdomen. The bayonet went through his clothes, scratched his body, and glanced off without doing any further injury, other than giving him a slight cut in the hand.
Those having the pistols then attempted to shoot, when Mr. Markham seized the hand of one of them that held the pistol, and prevented him from firing. The other put his pistol to Mr. Eagle's breast, and swore he would shoot him.
The company at that time used all their force, and crowded the officers and their assistants some distance back, and carried off and secreted the prisoner. The officer and his company then went to the tavern to stay all night.
The next morning, about eight o'clock, the constable and Mr. Markham went to the grocery and searched, and Bartlett said that he was gone—that he had taken his horse and gone out of town.
They then saw a company of men gathered at Harmon T. Wilson's store, armed with guns, bayonets, pistols, clubs, and other missiles. Mr. Markham went to the store, where he found the constable and the prisoner. There were fifty in and about the store, all armed.
Mr. Eldredge then told the company present who he was, and demanded all in the house to assist in taking the prisoner, and then seized him. As soon as he laid hold of the prisoner, about six or eight men laid hold of the constable. Mr. Markham assisted the constable. When Mr. Markham had nearly succeeded in liberating the constable, a man who was called Dr. Morrison, drew his pistol and shot at Markham. The ball missed Markham, but came so near Mr. Coltrin's head, who was one of the assistants, as to graze his forehead.
As there were only four of the assistants in the store, they were overpowered by superior numbers, and the prisoner was taken away from them.
They saw that it would be impossible to take him without bloodshed, and consequently returned home. The parties engaged in this affray swore that, regardless of all law, they would defend the prisoner, and he should not be taken.
We have received the above particulars from Mr. Markham, and can consequently rely upon the correctness of the statement, as he is one of the parties mentioned. The woman who was enciente, who made the affidavit, is not in the Church, neither is Mr. Eagle—the person who was struck with the bayonet. Mr. Eagle has gone to the governor to make complaint.
We think that it is high time that prompt measures be taken to put a stop to such abominable outrages. If officers can be insulted in this manner and the law violated with impunity, we think that we shall speedily slide back into the barbarous ages.
Some of our mobocratic friends who assembled at a mobocratic meeting some time ago in Carthage, were considerably chagrined at our terming them mobocrats. We wonder whether they now believe that they are, or not? If such proceedings as those are cherished, farewell to our Republican institutions! farewell to law, equity, and justice! and farewell to all those sacred ties that bind men to their fellowmen!
We would here ask where the sheriff was. Why was he not applied to? We merely ask for information. We don't know that he was present or applied to. If he was, it certainly was his duty to see the law magnified.
Wednesday 10.—At home.
John Smith, Uncle of the Prophet, Ordained a Patriarch.
Ordained Uncle John Smith a patriarch. Enjoyed myself well in an interview with the brethren and concluded to take a ride part way with my uncle on his return to Macedonia.
In consequence of a visit from some gentlemen from Carthage, I called the City Council together at seven p.m. I copy the minutes:—
Special Session of City Council; Complaints of Carthage Citizens Considered.
January 10, 1844, 7 p.m.
Names of members called.
The mayor said:—"Messrs. Backman, Hamilton, and Sherman, lawyers from Carthage, have called on me and told me that the occasion of the excitement at Carthage and the resistance to the law, in the case of the arrest of Cook, was the late ordinance of this council to prevent unlawful search or seizure of person or property by foreign process in the city of Nauvoo; that they considered said ordinance was designed to hinder the execution of the statutes of Illinois within this city; consequently, they, the old citizens, felt disposed to stop the execution of processes issuing from the city precincts. They also raised objections against the process by Justice Foster for the apprehension of Cook, because it was made returnable to him alone, whereas they said the statute required it to be made returnable before himself or some other justice.
I explained to them the nature and reason of the ordinance—that was to prevent kidnapping under the pretense of law or process, and to facilitate the apprehension of thieves, &c., in this city, by throwing all foreign processes into the hands of the marshal, who would be most likely to know the hiding-places of fugitives from justice, who might secrete themselves in our city; and said that if any wrong impression had gone abroad with regard to the motives of the council in passing said ordinance, I would call the council immediately, that they might have the opportunity of giving any explanation necessary, so that the public might understand the ordinance in its true light. I have therefore called the council accordingly. I also referred the lawyers from Carthage to the statute which requires all processes issued in cases of bastardy to be returnable alone to the justice issuing the same, which they doubted until showed them the law, when they looked a little crest-fallen and foolish."
After deliberation, an additional section relative to the foregoing ordinance was read three times, and passed, by way of amendment:—
"Section 3. Be it ordained by the city council of the city of Nauvoo, that nothing in the foregoing ordinance shall be so construed as to prevent, hinder, or thwart the designs of justice, or to retard the civil officers of the state or county in the discharge of their official duties, but to aid and assist them within the limits of this city.
"Passed January 10, 1844.
"JOSEPH SMITH, Mayor.
"WILLARD RICHARDS, Recorder."
Council adjourned.
Wrote a letter to Esquire Backman to inform him what the City Council had done.
Complaints of F.M. Higbee against the Prophet.
I received a long equivocating letter from Francis M. Higbee, charging me with having slandered his character and demanding a public trial before the Church. It contains no denial of the charges which he accuses me of having spoken against him, but is full of bombast.