History Mormon Battalion Chapter 01 Section E

While at Brother Fellow’s house, Captain Dunn, accompanied by Mr. Coolie, one of the governor’s aid-de-camps, came up from Carthage en route for Nauvoo with a requisition from the governor for the State arms. We all returned to Nauvoo with them; the governor’s request was complied with, and after taking some refreshments, we all returned to proceed to Carthage. We arrived there late in the night. A great deal of excitement prevailed on and after our arrival. The governor had received into his company all of the companies that had been in the mob; these fellows were riotous and disorderly, hallooing, yelling, and whooping about the streets like Indians, many of them intoxicated; the whole presented a scene of rowdyism and low-bred ruffianism only found among mobocrats and desperadoes, and entirely revolting to the best feelings of humanity. The governor made a speech to them to the effect that he would show Joseph and Hyrum Smith to them in the morning.

About here the companies with the governor were drawn up in line, and General Demming, I think, took Joseph by the arm and Hyrum (Arnold says that Joseph took the governor’s arm), and as he passed through between the ranks, the governor leading in front, very politely introduced them as General Joseph Smith and General Hyrum Smith.

All were orderly and courteous except one company of mobocrats-the Carthage Grays-who seemed to find fault on account of too much honor being paid to the “Mormons.” There was afterward a row between the companies, and they came pretty near having a fight; the more orderly not feeling disposed to endorse or submit to the rowdyism of the mobocrats. The result was that General Demming, who was very much of a gentleman, ordered the Carthage Grays, a company under the command of Captain Smith, a magistrate in Carthage, and a most violent mobocrat, under arrest. This matter, however, was shortly afterward adjusted, and the difficulty settled between them.

The mayor, aldermen, councilors, as well as the marshal of the city of Nauvoo, together with some persons who had assisted the marshal in removing the press in Nauvoo, appeared before Justice Smith, the foresaid captain and mobocrat, to again answer the charge of destroying the press; but as there was so much excitement, and as the man was an unprincipled villain before whom we were to have our hearing, we thought it most prudent to give bail, and consequently became security for each other in $500 bonds each, to appear before the County Court at its next session. We had engaged as counsel a lawyer by the name of Wood, of Burlington, Iowa; and Reed, I think, of Madison, Iowa. After some little discussion the bonds were signed, and we were all dismissed.

Almost immediately after our dismissal, two men-Augustine Spencer and Norton-two worthless fellows, whose words would not have been taken for five cents, and the first of whom had a short time previously been before the mayor in Nauvoo for maltreating a lame brother, made affidavits that Joseph and Hyrum Smith were guilty of treason, and a wirt was accordingly issued for their arrest, and the constable Bettesworth, a rough, unprincipled man, wished immediately to hurry them away to prison without any hearing. His rude, uncouth manner in the administration of what he considered the duties of his office made him exceedingly repulsive to us all. But, independent of these acts, the proceedings in this case were altogether illegal. Providing the court was sincere, which it was not, and providing these men’s oaths were true, and that Joseph and Hyrum were guilty of treason, still the whole course was illegal.

The magistrate made out a mittimus, and committed them to prison without a hearing, which he had no right legally to do. The statute of Illinois expressly provides that “all men shall have a hearing before a magistrate before they shall be committed to prison;” and Mr. Robert H. Smith, the magistrate, had made out a mittimus committing them to prison contrary to law without such hearing. As I was informed of this illegal proceeding, I went immediately to the governor and informed him of it. Whether he was apprised of it before or not, I do not know; but my opinion is that he was.

I represented to him the characters of the parties who had made oath, the outrageous nature of the charge, the indignity offered to men in the position which they occupied, and declared to him that he knew very well it was a vexatious proceeding, and that the accused were not guilty of any such crime. The governor replied, he was very sorry that the thing had occurred; that he did not believe the charges, but that he thought the best thing to be done was to let the law take its course. I then reminded him that we had come out there at his instance, not to satisfy the law, which we had done before, but the prejudices of the people, in relation to the affair of the press; that at his instance we had given bonds, which we could not by law be required to do to satisfy the people, and that it was asking too much to require gentlemen in their position in life to suffer the degredation of being immured in a jail at the instance of such worthless scoundrels as those who had made this affidavit. The governor replied that it was an unpleasant affair, and looked hard; but that it was a matter over which he had no control, as it belonged to the judiciary; that he, as the executive, could not interfere with their proceedings, and that he had no doubt but that they would immediately be dismissed. I told him that we had looked to him for protection from such insults, and that I thought we had a right to do so from the solemn promises which he had made to me and to Dr. Bernhisel in relation to our coming without guard or arms; that we had relied upon his faith, and had a right to expect him to fulfill his engagements after we had placed ourselves implicitly under his care, and complied with all his requests, although extra-judicial.

He replied that he would detail a guard, if we required it, and see us protected, but that he could not interfere with the judiciary. I expressed my dissatisfaction at the course taken, and told him that, if we were to be subject to mob rule, and to be dragged, contrary to law, into prison at the instance of every infernal scoundrel whose oaths could be bought for a dram of whisky, his protection availed very little, and we had miscalculated his promises.

Seeing there was no prospect of redress from the governor, I returned to the room, and found the constable Bettesworth very urgent to hurry Brothers Joseph and Hyrum to prison, while the brethren were remonstrating with him. At the same time a great rabble was gathered in the streets and around the door, and from the rowdyism manifested I was afraid there was a design to murder the prisoners on the way to jail.

Without conferring with any person, my next feelings were to procure a guard, and, seeing a man habited as a soldier in the room, I went to him and said, “I am afraid there is a design against the lives of the Messrs. Smith; will you go immediately and bring your captain; and, if not convenient, any other captain of a company, and I will pay you well for your trouble?” He said he would, and departed forthwith, and soon returned with his captain, whose name I have forgotten, and introduced him to me. I told him of my fears, and requested him immediately to fetch his company.

He departed forthwith, and arrived at the door with them just at the time when the constable was hurrying the brethren down stairs. A number of the brethren went along, together with one or two strangers; and all of us, safely lodged in prison, remained there during the night.

At the request of Joseph Smith for an interview with the governor, he came the next morning, Thursday, June 26th, at half past 9 o’clock, accompanied by Colonel Geddes, when a lengthy conversation was entered into in relation to the existing difficulties; and after some preliminary remarks, at the governor’s request, Brother Joseph gave him a general outline of the state of affairs in relation to our difficulties, the excited state of the country, the tumultuous mobocratic movements of our enemies, the precautionary measures used by himself (Joseph Smith), the acts of the city council, the destruction of the press, and the moves of the mob and ourselves up to that time.

The following report is, I believe, substantially correct:

Governor-“General Smith, I believe you have given me a general outline of the difficulties that have existed in the country in the documents forwarded to me by Dr. Bernhisel and Mr. Taylor; but, unfortunately, there seems to be a great discrepancy between your statements and those of your enemies. It is true that you are substantiated by evidence and affidavit, but for such an extraordinary excitement as that which is now in the country there must be some cause, and I attribute the last outbreak to the destruction of the Expositor, and to your refusal to comply with the writ issued by Esquire Morrison. The press in the United States is looked upon as the great bulwark of American freedom, and its destruction in Nauvoo was represented and looked upon as a high-handed measure, and manifests to the people a disposition on your part to suppress the liberty of speech and of the press. This, with your refusal to comply with the requisition of a writ, I conceive to be the principal cause of this difficulty; and you are moreover represented to me as turbulent, and defiant of the laws and institutions of your country.”

General Smith-“Governor Ford, you, sir, as governor of this State, are aware of the persecutions that I have endured. You know well that our course has been peaceable and law-abiding for I have furnished this State ever since our settlement here with sufficient evidence of my pacific intentions, and those of the people with whom I am associated, by the endurance of every conceivable indignity and lawless outrage perpetrated upon me and upon this people since our settlement here; and you yourself know that I have kept you well posted in relation to all matters associated with the late difficulties. If you have not got some of my communications, it has not been my fault.

“Agreeably to your orders, I assembled the Nauvoo Legion for the protection of Nauvoo and the surrounding country against an armed band of marauders; and ever since they have been mustered I have almost daily communicated with you in regard to all the leading events that have transpired; and whether in the capacity of mayor of the city, or lieutenant general of the Nauvoo Legion, I have striven, according to the best of my judgment, to preserve the peace and to administer even-handed justice; but my motives are impugned, my acts are misconstructed, and I am grossly and wickedly misrepresented. I suppose I am indepted for my incarceration to the oath of a worthless man, who was arraigned before me and fined for abusing and maltreating his lame, helpless brother. That I should be charged by you, sir, who know better, of acting contrary to law, is to me a matter of surprise. Was it the `Mormons’ or our enemies who first commenced these difficulties? You know well it was not us; and when this turbulent, outrageous people commenced their insurrectionary movements I made you acquainted with them officially, and asked your advice, and have followed strictly your counsel in every particular. Who ordered out the Nauvoo Legion? I did, under your direction. For what purpose? To suppress the insurrectionary movements. It was at your instance, sir, that I issued a proclamation calling upon the Nauvoo Legion to be in readiness at a moment’s warning to guard against the incursions of mobs, and gave an order to Jonathan Dunham, acting major-general, to that effect.

“Am I, then, to be charged with the acts of others? And because lawlessness and mobocracy abound, am I, when carrying out your instructions, to be charged with not abiding law? Why is it that I must be made accountable for other men’s acts? If there is trouble in the country, neither I nor my people made it; and all that we have ever done, after much endurance on our part, is to maintain and uphold the Constitution and institutions of our country, and to protect an injured, innocent, and persecuted people against misrule and mob violence.

“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 they have been subjected outside, that people could suffer a set of worthless vagabonds to come into their city, and, right under their own eyes and protection, vilify and calumniate not only themselves, but the character of their 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 into their own hands, and have summarily punished the audacious wretches as they deserved. The principle of equal rights that has been instilled into our bosoms from our cradles as American citizens forbids us submitting to every foul indignity, and succumbing and pandering to wretches so infamous as these. But, independent of this, the course that we pursued we consider being strictly legal; for, notwithstanding the result, we were anxious to be governed strictly by law, and therefore we convened the city council; and being desirous in our deliberations to abide by law, we 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. Furthermore, after consulting Blackstone upon what might be considered a nuisance, it appeared that 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 to be 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.

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