Essentials in Church History / A History of the Church from the Birth of Joseph Smith to the Present Time (1922), with Introductory Chapters on the Antiquity of the Gospel and the "Falling Away"

by Joseph Fielding Smith

Charge of Francis M. Higbee

June 11, 1844, Francis M. Higbee made complaint before Thomas Morrison, a justice of the peace at Carthage, charging Joseph Smith and the members of the Nauvoo city council with riot committed in destroying the press of the Expositor. The warrant was served by Constable David Bettisworth the following day. It required that the accused should go before the justice issuing the warrant, “or some other justice of the peace, for trial.” The Prophet expressed his willingness to go before some other justice, as he had lawful right to do, but was not willing to be taken to Carthage to be tried before his mobocratic enemies. Bettisworth, in anger, declared that he would take him to Carthage. His attention was called to the nature of the warrant and that his actions were contrary to law, and with righteous indignation Joseph Smith obtained a writ of habeas corpus and was legally tried before the municipal court of Nauvoo and discharged. Each of the members of the city council did the same, and were likewise discharged.

Anger of the Mob

When Bettisworth returned to Carthage without his prisoners, the disappointment of the mobocrats was intense, and they threatened to go against Nauvoo in force. Indignation meetings were held in Warsaw and Carthage, and inflammatory speeches were made against the Saints. The assembled mobbers in each place adopted resolutions in which they said, “We hold ourselves at all times in readiness to co-operate with our fellow-citizens in this state, Missouri and Iowa, to exterminate, utterly exterminate, the wicked and abominable ‘Mormon’ leaders, the authors of our troubles.” All members of the Church, or sympathizers with Joseph Smith, were warned to leave these townships on pain of instant vengeance. A deputation was sent by them to the governor, stating that Joseph Smith and others had refused to obey the mandate of the writ, and with other falsehoods they attempted to prejudice him in their favor. The minutes of these unlawful and wicked proceedings were published in the Warsaw Signal and other papers of the state.

The Saints Threatened

The Saints also sent messengers to the governor with full and correct accounts of the proceedings at Nauvoo, and asking for protection. In the meantime, without waiting for the governor’s reply, the mob forces commenced their brutal attacks upon the Saints residing outside of Nauvoo, threatening them with destruction unless they immediately accepted one of the following propositions: Deny Joseph Smith as a Prophet of God and join the mob in securing his arrest; gather up their effects and move to Nauvoo; or give up their arms and remain quiet until the affair was over. Runners were dispatched to Missouri for aid from the mobbers there, and the whole country was inflamed by the spread of diabolical falsehoods.

Advice of Judge Thomas

The Prophet did everything in his power to allay excitement and kept the governor posted with numerous affidavits and documents regarding the state of affairs. Judge Jesse B. Thomas, of the circuit court, advised the Prophet to go before some justice of the peace in the county and have an examination on the writ issued by Morrison, which action would take away all excuse of the mob, and then he could take steps to have them bound to keep the peace. For his pains, Judge Thomas was threatened by the mob with a coat of tar and feathers. The Prophet accepted his advice and was tried before Justice Daniel H. Wells, a non-“Mormon,” and after a full investigation was discharged. His enemies knew that this trial was lawful, as the previous one had been; but they were determined not to be thwarted in their wicked purpose. They thirsted for the blood of the Prophet and were determined to drag him to Carthage, with or without process of law, there to slay him. A mass meeting was held in Nauvoo, pacific resolutions were adopted, and messengers chosen to go forth in the surrounding country to declare the truth and allay excitement; but the prejudice was too great and little was accomplished.

Nauvoo Under Martial Law

Because of threats of mob vengeance from both Missouri and Illinois information was sent to President Tyler of the United States, acquainting him with the danger and asking for protection. Nauvoo was placed under martial law, and the legion mustered into service in self-defense. The Prophet stood before them in his uniform as lieutenant-general and addressed them at length, in defense of their liberties. In the course of his remarks he said: