The Life of Joseph Smith, the Prophet

by George Q. Cannon

"Concerning the destruction of the press to which you refer, men may differ somewhat in their opinions about it; but can it be supposed that after all the indignities to which we have been subjected outside, that this people could suffer such a set of worthless vagabonds to come into our city, and right under our own eyes and protection, vilify and calumniate not only ourselves, but the character of our wives and daughters, as was impudently and unblushingly done in that infamous and filthy sheet? There is not a city in the United States that would have suffered such an indignity for twenty-four hours. Our whole people were indignant, and loudly called upon our city authorities for a redress of their grievances, which if not attended to, they themselves would have taken the matter into their own hands, and have summarily punished the audacious wretches, as they deserved.

"The principles of equal rights that have been instilled into our bosoms from our cradles, as American citizens forbid us submitting to every foul indignity, succumbing and pandering to wretches so infamous as these. But, independent of this, the course that we pursued we considered to be strictly legal; for, notwithstanding the insult, we were anxious to be governed strictly by law, and therefore convened the city council; and, being desirous in our deliberations to abide law, summoned legal counsel to be present on the occasion.

"Upon investigating the matter we found that our city charter gave us power to remove all nuisances; and, furthermore, upon consulting Blackstone upon what might be considered a nuisance that distinguished lawyer, who is considered authority, I believe, in all our courts, states, among other things, that a libelous and filthy press may be considered a nuisance and abated as such.

"Here then one of the most eminent English barristers, whose works are considered standard with us, declares that a libelous and filthy press may be considered a nuisance, and our own charter, given us by the legislature of this state, gives us the power to remove nuisances; and by ordering that press abated as a nuisance, we conceived that we were acting strictly in accordance with law. We made that order in our corporate capacity, and the city marshal carried it out. It is possible there may have been some better way, but I must confess that I could not see it.

"In relation to the writ served upon us, we were willing to abide the consequences of our own acts, but were unwilling, in answering a writ of that kind, to submit to illegal exactions sought to be imposed upon us under the pretense of law, when we know they were in open violation of it.

"When that document was presented to me by Mr. Bettisworth, I offered in the presence of more than twenty persons, to go to any other magistrate, either in our city or Appanoose, or any other place where we should be safe, but we refused to put ourselves into the power of a mob.

"What right had that constable to refuse our request? He had none according to law; for you know, Governor Ford, that the statute law in Illinois is, that the parties served with the writ 'shall go before him who issued it, or some other justice of the peace.' Why, then, should we be dragged to Carthage, where the law does not compel us to go? Does not this look like many others of our prosecutions with which you are acquainted? And had we not a right to expect foul play?

"This very act was a breach of law on his part—an assumption of power that did not belong to him, and an attempt, at least, to deprive us of our legal and constitutional rights and privileges. What could we do under the circumstances different from what we did do? We sued for, and obtained a writ of habeas corpus from the municipal court, by which we were delivered from the hands of Constable Bettisworth, and brought before and acquitted by the municipal court.

"After our acquittal, in a conversation with Judge Thomas, although he considered the acts of the party illegal, he advised, that to satisfy the people, we had better go before another magistrate who was not in our Church.

"In accordance with his advice we went before Esq. Wells, with whom you are well acquainted: both parties were present, witnesses were called on both sides, the case was fully investigated, and we were again dismissed.