As before stated, the sheriffs left the city, about four o'clock, saying they were going to Carthage, but Brother Woolley did not meet them on the road. It is believed they are gone to Quincy.
Calmness and Courage of the Prophet.
In consequence of these reports it was considered wisdom that some of the brethren should go and inform me. Accordingly about nine o'clock Hyrum Smith, George Miller, William Law, Amasa Lyman, John D. Parker, Newel K. Whitney and William Clayton started by different routes on foot and came to the place where I was. When the statement was made to me I proposed to leave the city, suspecting I was no longer safe, but upon hearing the whole statement from those present I said I should not leave my present retreat yet, I did not think I was discovered, neither did I think I was any more unsafe than before. I discovered a degree of excitement and agitation manifested in those who brought the report, and I took occasion to gently reprove all present for letting report excite them, and advised them not to suffer themselves to be wrought upon by any report, but to maintain an even, undaunted mind. Each one began to gather courage, and all fears were soon subsided, and the greatest union and good feeling prevailed amongst all present. Various subjects then were conversed upon, and counsel given which was felt to be most seasonable and salutary. After conversing awhile in the grove the company retired into the house and sat and conversed until about two o'clock, at which time they departed, evidently satisfied and much encouraged by the interview.
A great whirlwind at Chauffailes, France. Thirty houses were carried away, and over twenty persons killed. Six hundred houses with all they contained were burned at Ursel, Russia.
The following editorial appeared in the Times and Seasons:
PERSECUTION.
"If ye will live godly in Christ Jesus, ye shall suffer persecution," was the solemn proclamation made by one of the ancient servants of God; a prophecy that has received its fulfillment in all ages, that has been known and understood by all Saints, and that has been engraven upon the memories of all the faithful; for while blood, and fire, and sword, and torture, have been brought into requisition against the Saints; whilst chains, and fetters and death have been employed, and their sighings and mournings have been wafted on the wings of the wind; their solitary hours and midnight cries; their distress and calamity have been disregarded. This eternal truth has re-echoed in their ears; it has touched their inmost soul; has been written on the tablet of their hearts—"if ye will live godly in Christ Jesus, ye shall suffer persecution."
Ever since the formation of the Church of Jesus Christ of Latter-day Saints, calumny, reproach and persecution have flown plentifully into their lap—detraction, slander, falsehood, and misrepresentation have been gratuitously heaped upon them; they have been assailed by vexatious law suits, organized mobs, and illegally treated by militia; they have been imprisoned, whipped, tarred and feathered, and driven from their homes; they have had their property confiscated, and have suffered banishment, exile and death for their religion.
Missouri has been one of the principal actors in the scene; she has made many a wife a widow, and many a child an orphan. The tears of the oppressed have plentifully watered her soil; the cries of her robbed and spoiled have rung through her valleys, and been re-echoed from hill to hill; many a weary pilgrim borne down with oppression and weary of life has laid himself down to sleep in the arms of death, while the blood of the innocent has drenched her soil. And never till the trump of God shall sound, the sleeping dead shall arise, the books be opened and the secret history of peoples and nations be unfolded, will the amount of their sufferings be fully known. That day will unfold scenes of wickedness, misery and oppression, and deeds of inhumanity and blood that the most eloquent cannot portray, the pencil of the limner depict; and that is beyond the power of language to unfold—scenes of misery, of woe, and human suffering. Dipped in the malice of the most fiendish hate, the cup of misery has been wrung out, and they have drunk it to the very dregs.
Missouri, frantic with rage, and not yet filled with blood, wishes now to follow her bleeding victims to their exile, and satiate herself with blood. And not satisfied with staining her own escutcheon, she wishes to decoy the noble, generous and patriotic sons of Illinois—to deceive them with appearances—to draw them into her snare, that they may be sharer in her crimes, and participate in her guilt and stamp with eternal infamy their character. We have already to blush for the gullibility of many of her [Illinois] editors who feel desirous to fan the deadly flame, and stain their hands with her [Missouri's] foul deeds. We would advise such to halt, to pause for a moment—to reflect upon what they are doing. Have they not witnessed Missouri's wanton persecution; her cruel oppression; her deadly hate? Have they not loudly exclaimed against such proceedings; stood forth in defense of republicanism—and as true patriots defended the rights of man? And can they now advocate a cause that would attempt to make an innocent, virtuous people "tremble at the sight of gathering hosts!" or even moot the question.
Who is it that has made his affidavit that Joseph Smith has been accessory to shooting him? Governor Boggs of Missouri, a man, who, three years ago, issued an order to exterminate fifteen thousand men, women and children in republican America; a man who sanctioned mobocracy, and raised militia for that effect; a man who has been the cause of the death of scores of innocent people, and has actually been a wholesale murderer. This is the man who prefers the charge; a man who has long ago violated his constitutional oath. We deprecate at all times the commission of so diabolical a crime as that of murder if committed upon our greatest enemies; and would content ourselves with letting the Lord take vengeance into His own hands. Moreover we would seriously ask if his [Governor Boggs'] statement concerning Joseph Smith is probable, or even possible, under the circumstances mentioned by him? Could Governor Boggs swear that Joseph Smith was accessory before the fact, when he has not seen him for three years? and when Joseph Smith has not been in the state of Missouri for that length of time? Whatever his belief might be about his being engaged in the plot, he could not swear to it. Concerning Rockwell, he was in Missouri, and it is reported that he is gone there to prove himself clear, but we should think that Missouri is the last place to go for justice; we don't think that she is capable of administering it to the Mormons; she must, however, first atone for her bloody deeds, and refund to them what she has robbed them of before their confidence can be restored in her justice, or righteousness. But we would ask, is there no one to murder men but Mormons? Are not assassins stalking through her streets daily? Let the history of the frequent murders in St. Louis and other places in Missouri answer. But again, who does not know that Boggs has been in frequent difficulties with other people; that he has been on the point of duelling with senators, and that his life has been frequently threatened, and that not by Mormons: this we are prepared to prove. Without saying more upon this subject we will proceed to give a history of the arrest.
On Monday the 8th instant General Smith was arrested upon a warrant under the signature of Governor Carlin, in accordance, as stated, with a call from Governor Reynolds of Missouri, upon the affidavit of ex-Governor Boggs. Mr. Rockwell was arrested at the same time as the principal. There was no evasion of this call for the persons of Messrs. Smith and Rockwell. The Municipal Court, however, issued a writ of habeas corpus, according to the constitution and city charter. This writ demanded the bodies of Smith and Rockwell to be brought before the said court, but the officers in charge of these men refused to obey its call; though after some deliberation, they left them in charge of the city marshal, without the original writ by which they were arrested, and by which only they could be retained, and returned back to Governor Carlin for further instruction. Thus Messrs. Smith and Rockwell were free from the arrest, as the marshal had no authority to hold them in custody. Some two or three days after, the aforesaid officers returned, for the purpose of executing the Governor's order, without paying attention to the writ of habeas corpus issued by the Municipal Court; but Messrs. Smith and Rockwell were absent.
In a free government every person's rights and privileges are the same; no extraordinary process can issue legally, nor no extra-judicial act be required; justice, like her representative goddess, is blind to appearances, and favors no one. In this point of view, then, let us legally examine the case in question:—Mr. Boggs makes an affidavit in Missouri, and charges one O. P. Rockwell with "shooting Lilburn W. Boggs with intent to kill," on the night of the 6th of May, 1842, and that the said Rockwell had fled from justice to the state of Illinois. Shooting with intent to kill, and Mr. Boggs alive two or three months after to swear to it may be set down as insufficient grounds for writ from the governor of one state, to demand a person as a fugitive from justice in another state. For aught that appears to the contrary, he might have shot in his own defense and been justifiable; as the charge is not grounded on the wilful, malicious, or felonious intent, without the fear of God before his eyes, to murder. The affidavit is therefore not sufficient for the apprehension, detention and transportation of the said Rockwell to the courts of Missouri. Here we deny that the Orrin P. Rockwell arrested is the one intended in the writ, this Rockwell being not guilty.
If Mr. Boggs knew, of himself, the fact that Mr. Rockwell shot at him with intent to kill, why did he delay the prosecution some two or three months? If he obtained his knowledge from a second or third person, why not avail himself of their affidavits in the body of the writ?
Again, Mr. Boggs charges one Mr. Joseph Smith with being "accessory before the fact to an assault with intent to kill," on the night of the sixth of May, 1842. This must allude to some other Joseph Smith, as the Joseph Smith of this city, was in Nauvoo on the aforesaid sixth of May, 1842, and on the next day he was at his post as Lieut. Gen. of the Nauvoo Legion. Nor can it be proved that he has been in the state of Missouri for the last three years.
But for the sake of argument admit the language of the writ, and Joseph Smith as an accessory before the fact, with intent to kill, must have aided or abetted by words, or by means, while in the state of Illinois, and cannot come under the purview of the fugitive act. Having not fled from justice from another state; and, according to the express language of the constitution; "he could not be liable to be transported but of the state for an offense committed within the same."
An accessory before the fact in man-slaughter is an anomaly—and now if the Joseph Smith of Nauvoo, has committed a crime of the nature charged in the writ, which we deny in toto, he should be held amenable to the laws of Illinois, and in the ordinary course of procedure by indictment, in accordance with the right of the constitution, which says that he should have a "speedy public trial by an impartial jury of the vicinage."
Judging now from all the facts of the case, taking the two affidavits together, we must say that the whole forms but a poor excuse for executive interference, and when properly weighed by good judges of law in criminal jurisprudence, will be found wanting in all the important counts which constitute a fair case.
As to the writ of habeas corpus, issued by the Municipal Court of the city of Nauvoo, it was not acted upon, though we believe that so long as it was not incompatible with the spirit and meaning of the constitution of the state, and of the constitution of the United States, its power was sovereign, as to the rights and privileges of citizens, granted to them by the City Charter, having these express privileges, in words as follows: "To make, ordain, establish and execute all such ordinances, not repugnant to the constitution of the United States and of this state, as they may deem necessary for the peace, benefit, good order, regulation, convenience and cleanliness of the city"—and "the Municipal Court shall have power to grant writs of habeas corpus in all cases arising under the ordinance of the city council."
Now, it is well known that if this court exceeded the bounds of the chartered power, or transcended the limits of the constitution of the state, or United States, it could be made to respond in a writ of quo warranto; and, as a writ of habeas corpus can only test the validity, not the virtue of a process (as testimony to prove the guilt or innocence of a person—under an investigation by habeas corpus, is inadmissible), we believe, that judges, lawyers, and jurors, will not be very apprehensive that the law of the land, or the rights of the people, will suffer violence on this account.
Under the existing animosity of the inhabitants of the state of Missouri, manifested towards the Church of Latter-day Saints, prudence would dictate great caution, and forbearance in the proceedings of public functionaries, relative to claims for persons or property in favor of either party, holding sacred the old maxim: "That it would be better to let ninety and nine guilty persons go unpunished, than to punish one innocent person unjustly."
Concerning the whole matter, we believe that the parties are entirely innocent of the charges alleged against them; and that the whole of it is a wicked and malicious persecution. But it may here be asked by some, if they are innocent, why did they not apply to the master in chancery for a writ of habeas corpus, present themselves before the judge of the District Court, and prove themselves clear?
First, we would answer, that the writ of our Municipal Court was treated with contempt by the officers, and it would have been dishonoring our municipal authorities to have acknowledged the insufficiency of their writ, and to have let our city charter be wantonly trodden under foot; and that could not have been enforced without coercion, and perhaps employing military force, which under the present excited state of society might have been construed to treason.
In the second place, if they appealed to the District Court it might have availed them nothing, even if the judge felt disposed to do justice (which we certainly believe he would have done) as their dismissal would rest upon some technicalities of law, rather than upon the merits of the case; as testimony to prove the guilt or innocence of the persons charged, could not be admitted on the investigation on a writ of habeas corpus, the question not being whether the persons are guilty or not guilty; but merely to test the validity of the writ; which if proved to be issued in due form of law, however innocent the parties might be, would subject them to be transported to Missouri—to be murdered.
Upon the whole we think that they have taken the wisest course; we have no reflections to make upon their conduct, and shall maintain unshaken our opinions unless we have more light on the subject than we now possess.
Tuesday, August 16.—Wrote as follows:—
The Prophet's Letter to Emma Smith—Detailing Prospective Movements.
NAUVOO, August 16, 1842.
MY DEAR EMMA:—I embrace this opportunity to express to you some of my feelings this morning. First of all, I take the liberty to tender you my sincere thanks for the two interesting and consoling visits that you have made me during my almost exiled situation. Tongue cannot express the gratitude of my heart, for the warm and true-hearted friendship you have manifested in these things towards me. The time has passed away, since you left me, very agreeably thus far; my mind being perfectly reconciled to my fate, let it be what it may. I have been kept from melancholy and dumps, by the kind-heartedness of Brother Derby, and his interesting chit-chat from time to time, which has called my mind from the more strong contemplation of things and subjects that would have preyed more earnestly upon my feelings.
Last night Brothers Hyrum, Miller, Law, and others came to see us. They seemed much agitated, and expressed some fears in consequence of some maneuverings and some flying reports which they had heard in relation to our safety; but, after relating what it was, I was able to comprehend the whole matter to my entire satisfaction, and did not feel at all alarmed or uneasy. They think, however, that the militia will be called out to search the city; and if this should be the case, I would be much safer for the time being at a little distance off, until Governor Carlin could get weary, and be made ashamed of his corrupt and unhallowed proceedings. I had supposed, however, that if there were any serious operations taken by the governor, that Judge Ralston, or Brother Hollister would have notified us; and cannot believe that anything very serious is to be apprehended, until we obtain information from a source that can be relied upon.
I have consulted whether it is best for you to go to Quincy and see the Governor; but, on the whole, he is a fool; and the impressions that are suggested to my mind are, that it will be of no use; and the more we notice him and flatter him, the more eager he will be for our destruction. You may write to him whatever you see proper, but to go and see him, I do not give my consent at present.
Brother Miller again suggested to me the propriety of my accompanying him to the Pine Woods, and then he return, and bring you and the children. My mind will eternally revolt at every suggestion of that kind, more especially since the dream and vision that was manifested to me on the last night. My safety is with you, if you want to have it so. Anything more or less than this cometh of evil. My feelings and counsel I think ought to be abided. If I go to the Pine country, you shall go along with me, and the children; and if you and the children go not with me, I don't go. I do not wish to exile myself for the sake of my own life, I would rather fight it out. It is for your sakes, therefore, that I would do such a thing. I will go with you, then, in the same carriage, and on horseback from time to time as occasion may require; for I am not willing to trust you in the hands of those who cannot feel the same interest for you that I feel; to be subject to the caprice, temptations, or notions of anybody whatever. And I must say that I am prepossessed somewhat with the notion of going to the Pine country anyhow; for I am tired of the mean, low, and unhallowed vulgarity of some portions of the society in which we live; and I think if I could have a respite of about six months with my family, it would be a savor of life unto life, with my house. Nevertheless, if it were possible, I would like to live here in peace and wind up my business; but if it should be ascertained to a dead certainty that there is no other remedy, then we will round up our shoulders and cheerfully endure it; and this will be the plan: Let my horse, saddle, saddle-bags, and valise to put some shirts and clothing in, be sent to me. Let Brothers Derby and Miller take a horse and put it into my buggy, with a trunk containing my heavier clothes, shoes, boots, &c.; and let Brother Taylor accompany us to his father's, and there we will tarry, taking every precaution to keep out of the hands of the enemy, until you can arrive with the children. Let Brother Hyrum bring you. Let Lorin Farr and Brother Clayton come along, and bring all the writings, and papers, books, and histories, for we shall want a scribe in order that we may pour upon the world the truth, like the lava from Mount Vesuvius. Then, let all the goods, household furniture, clothes, and store goods that can be procured be put on the boat, and let twenty or thirty of the best men that we can find be put on board to man it, and let them meet us at Prairie-du-Chien; and from thence we will wend our way like larks up the Mississippi, until the towering mountains and rocks shall remind us of the places of our nativity, and shall look like safety and home; and then we will bid defiance to the world, to Carlin, Boggs, Bennett, and all their whorish whores and motly clan, that follow in their wake, Missouri not excepted, and until the damnation of hell rolls upon them, by the voice, and dread thunders, and trump of the eternal God. Then in that day will we not shout in the victory, and be crowned with eternal joys, for the battles we have fought, having kept the faith and overcome the world?
Tell the children it is well with their father as yet; and that he remains in fervent prayer to Almighty God for the safety of himself, and for you, and for them.
Tell Mother Smith that it shall be well with her son, whether in life or in death; for thus saith the Lord God. Tell her that I remember her all the while, as well as Lucy, and all the rest. They all must be of good cheer.
Tell Hyrum to be sure and not fail to carry out my instructions; but, at the same time if the militia does not come, and we should get any favorable information, all may be well yet.
Yours in haste, your affectionate husband until death, through all eternity, for evermore.
JOSEPH SMITH.
P.S.—I want you to write to Lorenzo D. Wasson, and get him to make affidavit to all he knows about Bennett, and forward it. I also want you to ascertain from Hyrum whether he will conform to what I have requested; and you must write me an answer per bearer, giving me all the news you have, and what is the appearance of things this morning.
J. S.