Some important matters were involved in the next political contest, the congressional election of August, 1843. The Whigs nominated Cyrus Walker, a lawyer of reputation living in McDonough County, and the Democrats J. P. Hoge, also a lawyer, but a weaker candidate at the polls. Every one conceded that Smith's dictum would decide the contest.
On May 6, 1842, Governor Boggs of Missouri, while sitting near a window in his house in Independence, was fired at, and wounded so severely that his recovery was for some days in doubt. The crime was naturally charged to his Mormon enemies,* and was finally narrowed down to O. P. Rockwell,** a Mormon living in Nauvoo, as the agent, and Joseph Smith, Jr., as the instigator. Indictments were found against both of them in Missouri, and a requisition for Smith's surrender was made by the governor of that state on the governor of Illinois. Smith was arrested under the governor's warrant. Now came an illustration of the value to him of the form of government provided by the Nauvoo charter. Taken before his own municipal court, he was released at once on a writ of habeas corpus. This assumption of power by a local court aroused the indignation of non-Mormons throughout the state. Governor Carlin characterized it somewhat later, in a letter to Smith's wife, as "most absurd and ridiculous; to attempt to exercise it is a gross usurpation of power that cannot be tolerated."***
* The hatred felt toward Governor Boggs by the Mormon leaders was
not concealed. Thus, an editorial in the Times and Seasons of January 1,
1841, headed "Lilburn W. Boggs," began, "The THING whose name stands at
the head of this article," etc. Referring to the ending of his term of
office, the article said, "Lilburn has gone down to the dark and dreary
abode of his brother and prototype, Nero, there to associate with
kindred spirits and partake of the dainties of his father's, the
devil's, table."
Bennett afterward stated that he heard Joseph Smith say, on July 10, 1842, that Governor Boggs, "the exterminator, should be exterminated," and that the Destroying Angels (Danites) should do it; also that in the spring of that year he heard Smith, at a meeting of Danites, offer to pay any man $500 who would secretly assassinate the governor. Bennett's statement is only cited for what it may be worth; that some Mormon fired the shot is within the limit of strict probability.
** Rockwell, who, in his latter days, was employed by General
Connor to guard stock in California, told the general that he fired
the shot at Governor Boggs, and was sorry it did not kill him.—"Mormon
Portraits," p. 255.
*** Millennial Star, Vol. XX, p. 23.
Notwithstanding his release, Smith thought it best to remain in hiding for some time to escape another arrest, for which the governor ordered a reward of $200. About the middle of August his associates in Nauvoo concluded that the outlook for him was so bad, notwithstanding the protection which his city court was ready to afford, that it might be best for him to flee to the pine woods of the North country. Smith incorporates in his autobiography a long letter which he wrote to his wife at this time,* giving her directions about this flight if it should become necessary. Their goods were to be loaded on a boat manned by twenty of the best men who could be selected, and who would meet them 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 there we will bid defiance to Carlin, Boggs, Bennett, and all their whorish whores and motley 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."
* Ibid., pp. 693-695.
In October Rigdon obtained from Justin Butterfield, United States attorney for Illinois, an opinion that Smith could not be held on a Missouri requisition for a crime committed in that state when he was in Illinois. In December, 1842, Smith was placed under arrest and taken before the United States District Court at Springfield, Illinois, under a writ of habeas corpus issued by Judge Roger B. Taney of the State Supreme Court. Butterfield, as his counsel, secured his discharge by Judge Pope (a Whig) who held that Smith was not a fugitive from Missouri.
While these proceedings were pending, the Nauvoo City Council (Smith was then mayor), passed two ordinances in regard to the habeas corpus powers of the Municipal Court, one giving that court jurisdiction in any case where a person "shall be or stand committed or detained for any criminal, or supposed criminal, matter."* This was intended to make Smith secure from the clutches of any Missouri officer so long as he was in his own city.