When an attempt was made to assassinate ex-Governor Boggs of Missouri it was perhaps to be expected that suspicion would fall upon the Mormon people and upon the head of Joseph Smith especially. Surely Boggs had given sufficient provocation to that people to make it probable that some fanatic of their number might undertake in misguided zeal, the act of revenge; and surely there would not be wanting those who would say that Joseph Smith in his capacity as Prophet had predicted the violent taking off of the ex-governor. Joseph Smith, however, in his communication to the Quincy Whig, in which appeared the first account of the rumored assassination of Boggs, promptly denied making the alleged prediction, and also denied any complicity whatsoever in the wretched business. It is only just to his memory to say that in all the investigation had upon the subject, historically, or judicially, his denial is not controverted. Even in the case of Orrin Porter Rockwell who was charged directly with the attempted assassination and taken to Jackson county, Missouri, for trial, it had to be admitted that "there was not sufficient proof adduced against him to justify an indictment for shooting at ex-Governor Boggs, and the grand jury therefore did not indict him for that offense." (Independent Expositor, Nile's Register, Sept. 30, 1843.)
John C. Bennett labors hard to prove by statements alleged to have been made to him by the Prophet, and subsequently by Rockwell, that they were jointly guilty of this attempted assassination; but there is no weight of evidence in his presentation of the case; nor is there any evidence that the Mormon people or the officials of the Mormon Church approved of revenge by acts of assassination. Bennett in his book "The History of the Saints," (p. 282) makes a quotation from the Nauvoo Wasp in which he charges editorial expressions of approval of the deed, as follows:
The Nauvoo Wasp of May 28, A. D., 1842, a paper edited by William Smith, one of the Twelve Mormon Apostles, and brother of the Prophet, declared, ["Boggs is undoubtedly killed according to report, but] [C] Who did the Noble Deed remains to be found out."
[Footnote C: The words in brackets are in the Wasp communication, but not in Bennett's book. They are inserted here for clearness.]
This, however, is not an editorial expression of the Wasp; but is found in a communication, on the editorial page, it is true, signed by a now unknown writer under the nom de plume, "Vortex," who is indignantly taking to task a correspondent in the Hawk Eye, a paper published in Keokuk, Iowa, for charging the supposed assassination of Boggs upon some Mormon. It is "Vortex" in the Wasp that refers to the then supposed assassination of Boggs as a "noble deed," not the editor. The editorial comment of the Wasp on this communication from "Vortex" is as follows: "We admit the foregoing communication to please our correspondent, not that we have any faith that any one has killed Governor Boggs. The last account we have received is that he is still living and likely to live." On the same page of the Wasp is published Joseph Smith's denial of complicity in the then supposed assassination of Boggs and also the prediction of his violent death.
The First Attempt of Missouri to Extradite the Prophet.
That Joseph Smith should be accused of the crime of being accessory before the fact to the attempted assassination of ex-Governor Boggs, was perhaps to be expected as soon as a Mormon was charged with the assault. But that his extradition should be demanded by Missouri on the ground that he was "a fugitive from justice from that State" is something at which to be astonished, even when the action is by the officials of Missouri of the period of which I am writing. For surely it must be a true principle of law—since it is a plain deduction from common sense principles—that the alleged fugitive from justice must be such in connection with and in consequence of the crime with which he is charged. It was matter of common knowledge both in Missouri and in Illinois, that Joseph Smith had not been in Missouri for more than three years preceding the assault upon Boggs, nor since the time of the assault; and that on the day the assault was made he was in attendance upon an officer's drill. Finally, then, he was not a fugitive from the State of Missouri in respect of this particular crime, therefore not extraditable under such charge. If, then, Joseph Smith had committed the crime of being accessory before the fact, to the assault upon Boggs at all, it must have been a crime committed in the state of Illinois and not in the state of Missouri. Therefore he was not extraditable for the offense at all, but he must be tried, if tried at all, in the state where the crime was committed, viz., in Illinois. But if astonishment is due that even Missouri should make such palpable blunders in legal procedure in moving for the extradition of the Prophet, astonishment changes to amazement when Governor Carlin of Illinois becomes a party to the attempted illegal extradition. The whole procedure up to the close of Carlin's administration (which went out of existence on the 8th of December 1842), warrants the conclusion that a conspiracy existed between the high state officials of both Missouri and Illinois against Joseph Smith, and that it was the intent of that conspiracy to encompass his destruction. When the Prophet and Orrin Porter Rockwell were arrested (8th of August, 1842) by the deputy sheriff of Adams county, they made no attempt to evade the officer, but immediately applied to the municipal court of Nauvoo for writ of habeas corpus, which was granted, but the deputy sheriff refused to recognize the authority of the municipal court in this case, and leaving his prisoner in the hands of the city marshal, withdrew from Nauvoo. He returned two days later, however, determined to take the Prophet from Nauvoo and deliver him to the agents of the state of Missouri. The Prophet, however, avoided arrest and went into retirement, where he remained—with now and then an occasional appearance among the people—throughout the summer of 1842. In the early days of December, Governor Carlin's administration came to an end and Ford's began, and the Prophet at once petitioned the new executive to rescind Carlin's order for his arrest. Ford referred the matter to the judges of the Supreme Court, who were unanimously of the opinion that the requisition from Missouri was illegal, but advised that the matter be settled in the courts rather than by executive action. The Governor suggested that if the Prophet found it necessary to repair to Springfield, the state capital, for a judicial investigation of his rights, he did not think there would be any disposition to use illegal violence against him; and the governor pledged himself to protect the Prophet if necessary with any amount of force from mob violence while asserting his rights before the courts, as well as when going to and returning from them. This advice was supplemented by the advice of his eminent counsel, Justin Butterfield; also by his very dear and trusted friend, General James Adams. The Prophet accordingly submitted to arrest and immediately set out for Springfield with a company of his friends.
The matter once before the Circuit Court of the United States for the district of Illinois, Judge Pope presiding, the matter was soon disposed of by declaring the procedure of Missouri and the executive of Illinois, (Carlin) illegal, and ordering that the Prophet be discharged from his arrest, as set forth in detail in the body of this volume.
The Second Attempt of Missouri to Extradite the Prophet.
A second attempt of Missouri to drag the Prophet from the state of Illinois by extradition procedure, was even more infamous than the first. No sooner was Joseph released from arrest and departed from Springfield than John C. Bennett arrived there and wrote some of his friends in Nauvoo his intention to leave immediately for Missouri and obtain a new indictment by a grand jury on the old charge of "murder, treason, burglary, theft," etc., brought against the Prophet, Hyrum Smith, Lyman Wight, Parley P. Pratt et al., in 1838, hoping that upon this charge he might succeed in getting out extradition papers on the ground that the Prophet was a fugitive from the justice of the state of Missouri. It will be remembered that a former attempt was made under this same charge, in June, 1841, when the Prophet was tried on writ of habeas corpus at Monmouth, Warren county, Illinois, before Judge Douglas and set at liberty. It was on this occasion that Esquire O. H. Browning declared that to ask Joseph Smith "to go to Missouri for a trial was adding insult to injury" (Vol. IV, chapter XX).