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History Mormon Battalion Chapter 01 Section C

The council did not refuse to attend to the legal proceedings in the case, but as the law of Illinois made it the privilege of the persons accused to go “or appear before the issuer of the writ, or any other justice of peace,” they requested to be taken before another magistrate, either in the city of Nauvoo or at any reasonable distance out of it.

This the constable, who was a mobocrat, refused to do; and as this was our legal privilege, we refused to be dragged, contrary to law, a distance of eighteen miles, when at the same time we had reason to believe that an organized band of mobocrats were assembled for the purpose of extermination or murder, and among whom it would not be safe to go without a superior force of armed men. A writ of habeas corpus was called for, and issued by the municpial court of Nauvoo, taking us out of the hands of Bettesworth, and placing us in the charge of the city marshal. We went before the municipal court and were dismissed. Our refusal to obey this illegal proceeding was by them construed into a refusal to submit to law, and circulated as such, and the people either did believe, or professed to believe, that we were in open rebellion against the laws and the authorities of the State. Hence mobs began to assemble, among which all through the country inflammatory speeches were made, exciting them to mobocracy and violence. Soon they commenced their depredations in our outside settlements, kidnapping some, and whipping and otherwise abusing others.

The persons thus abused fled to Nauvoo as soon as practicable, and related their injuries to Joseph Smith, then mayor of the city, and lieutenant general of the Nauvoo Leigon. They also went before magistrates, and made affidavits of what they had suffered, seen, and heard. These affidavits, in connection with a copy of all our proceedings were forwarded by Joseph Smith to Mr. Ford, then governor of Illinois, with an expression of our desire to abide law, and a request that the governor would instruct him how to proceed in the case of arrival of an armed mob against the city. The governor sent back instructions to Joseph Smith that, as he was lieutenant general of the Nauvoo Legion, it was his duty to protect the city and surrounding country, and issued orders to that effect. Upon the reception of these orders Joseph Smith assembled the people of the city, and laid before them the governor’s instructions; he also convened the officers of the Nauvoo Legion for the purpose of conferring in relation to the best mode of defense. He also issued orders to the men to hold themselves in readiness in case of being called upon. On the following day General Joseph Smith, with his staff, the leading officers of the Legion, and some prominent strangers who were in our midst, made a survey of the outside boundaries of the city, which was very extensive, being about five miles up and down the river, and about two and a half back in the center, for the purpose of ascertaining the position of the ground, and the feasibility of defense, and to make all necessary arrangements in case of an attack.

It may be well here to remark that numbers of gentlemen, strangers to us, either came on purpose or were passing through Nauvoo, and upon learning the position of things, expressed their indignation against our enemies, and avowed their readiness to assist us by their counsel or otherwise. It was some of these who assisted us in reconnoitering the city, and finding out its adaptability for defense, and how to protect it best against an armed force. The Legion was called together and drilled, and every means made use of for defense. At the call of the officers, old and young men came forward, both from the city and the country, and mustered to the number of about five thousand.

In the meantime our enemies were not idle in mustering their forces and committing depredations, nor had they been; it was, in fact, their gathering that called ours into existence; their forces continued to accumulate; they assumed a threatening attitude, and assembled in large bodies, armed and equipped for war, and threatened the destruction and extermination of the “Mormons.”
An account of their outrages and assemblages was forwarded to Governor Ford almost daily; accompanied by affidavits furnished by eye-witnesses of their proceedings. Persons were also sent out to the Counties around with pacific intentions, to give them an account of the true state of affairs, and to notify them of the feelings and dispositions of the people of Nauvoo, and thus, if possible, quell the excitement, In some of the more distant Counties these men were very successful, and produced a salutary influence upon the minds of many intelligent and well-disposed men. In neighboring Counties, however, where “anti-Mormon” influence prevailed, they produced little effect. At the same time gaurds were stationed around Nauvoo, and picket-gaurds in the distance. At length opposing forces gathered so near that more active measures were taken; reconnoitering parties were sent out, and the city proclaimed under martial law. Things now assumed a belligerent attitude, and persons passing through the city were questioned as to what they knew of the enemy, while passes were in some instances given to avoid difficulty with the guards. Joseph Smith continued to send on messengers to the governor (Philip B. Lewis and other messengers were sent). Samuel James, then residing at La Harpe, carried a message and dispatches to him, and in a day or two after Bishop Edward Hunter and others went again with fresh dispatches, representations, affidavits, and instructions; but as the weather was excessively wet, the rivers swollen, and the bridges washed away in many places, it was with great difficulty that they proceeded on their journeys. As the mobocracy had at last attracted the governor’s attention, he started in company with some others from Springfield to the scene of trouble, and missed, I believe, both Brothers James and Hunter on the road, and, of course, did not see their documents. He came to Carthage, and made that place, which was a regular mobocratic den, his head-quarters; as it was the County-seat, however, of Hancock County, that circumstance might, in a measure, justify his staying there.

To avoid the appearance of all hostility on our part, and to fulfill the law in every particular, at the suggestion of Judge Thomas, judge of that judicial district, who had come to Nauvoo at the time, and who stated that we had fulfilled the law, but, in order to satisfy all he would counsel us to go before Esquire Wells, who was not in our church, and have a hearing, we did so, and after a full hearing we were again dismissed.

The governor on the road collected forces, some of whom were respectable, but on his arrival in the neighborhood of the difficulties he received as militia all the companies of the mob forces who united with him. After his arrival at Carthage he sent two gentlemen from there to Nauvoo as a committee to wait upon General Joseph Smith, informing him of the arrival of his excellency, with a request that General Smith would send out a committee to wait upon the governor and represent to him the state of affairs in relation to the difficulties that then existed in the County. We met this committee while we were reconnoitering the city, to find out the best mode of defense as aforesaid. Dr. J. M. Bernhisel and myself were appointed as a committee by General Smith to wait upon the governor. Previous to going, however, we were furnished with affidavits and documents in relation both to our proceedings and those of the mob; in addition to the general history of the transaction, we took with us a duplicate of those documents which had been forwarded by Bishop Hunter, Brother James, and others. We started from Carthage in company with the aforesaid gentlemen at about 7 o’clock on the evening of the 21st of June, and arrived at Carthage about 11 p. m.

We put up at the same hotel with the governor, kept by a Mr. Hamilton. On our arrival we found the governor in bed, but not so with the other inhabitants. The town was filled with a perfect set of rabble and rowdies, who, under the influence of Bacchus, seemed to be holding a grand saturnalia, whooping, yelling and vociferating as if Bedlam had broken loose.

On our arrival at the hotel, and while supper was preparing, a man came to me, dressed as a soldier, and told me that a man named Daniel Garn had just been taken prisoner, and was about to be committed to jail, and wanted me to go bail for him. Believing this to be a ruse to get me out alone, and that some violence was intended, after consulting with Dr. Bernhisel, I told the man that I was well acquainted with Mr. Garn, that I knew him to be a gentleman, and did not believe that he had transgressed law, and, moreover, that I considered it a very singular time to be holding courts and calling for security, particularly as the town was full of rowdyism.

I informed him that Dr. Bernhisel and myself would, if necessary, go bail for him in the morning, but that we did not feel ourselves safe among such a set at that late hour of the night.

After supper, on retiring to our room, we had to pass through another, which was separated from ours only by a board partition, the beds in each room being placed side by side, with the exception of this fragile partition. On the bed that was in the room which we passed through I discovered a man by the name of Jackson, a desperate character, and a reputed, notorious cut-throat and murderer. I hinted to the doctor that things looked rather suspicious, and looked to see that my arms were in order. The doctor and I occupied one bed. We had scarcely laid down when a knock at the door, accompanied by a voice announced the approach of Chauncey Higbee, the young lawyer and apostate before referred to.

He addressed himself to the doctor, and stated that the object of his visit was to obtain the release of Daniel Garn; that Garn he believed to be an honest man; that if he had done anything wrong, it was through improper counsel, and that it was a pity that he should be incarcerated, particularly when he could be so easily released; he urged the doctor, as a friend, not to leave so good a man in such an unpleasant situation; he finally prevailed upon the doctor to go and give bail, assuring him that on his giving bail Garn would be immediately dismissed.

During this conversation I did not say a word.

Higbee left the doctor to dress, with the intention of returning and taking him to the court. As soon as Higbee had left, I told the doctor that he had better not go; that I believed this affair was all a ruse to get us separated; that they knew we had documents with us from General Smith to show to the governor; that I believed their object was to get possession of those papers, and, perhaps, when they had separated us, to murder one or both. The doctor, who was actuated by the best of motives in yielding to the assumed solicitude of Higbee, coincided with my views; he then went to Higbee, and told him that he had concluded not to go that night, but that he and I would both wait upon the justice and Mr. Garn in the morning.

That night I lay awake with my pistols under my pillow, waiting for any emergency. Nothing more occurred during the night. In the morning we arose early, and after breakfast sought an interview with the governor, and were told that we could have an audience, I think, at 10 o’clock. In the meantime we called upon Mr. Smith, a justice of the peace, who had Mr. Garn in charge. We represented that we had been called upon the night before by two different parties to go bail for a Mr. Daniel Garn, whom we were informed he had in custody, and that, believing Mr. Garn to be an honest man, we had now come for that purpose, and were prepared to enter into recognizance’s for his appearance, whereupon Mr. Smith, the magistrate, remarked that, under the present excited state of affairs, he did not think he would be justified in receiving bail from Nauvoo, as it was a matter of doubt whether property would not be rendered valueless there in a few days.

Knowing the party we had to deal with, we were not much surprised at this singular proceeding; we then remarked that both of us possessed property in farms out of Nauvoo in the country, and referred him to the county records. He then stated that such was the nature of the charge against Mr. Garn that he believed he would not be justified in receiving any bail. We were thus confirmed in our opinion that the night’s proceedings before, in relation to their desire to have us give bail, was a mere ruse to separate us. We were not permitted to speak with Garn, the real charge against whom was that he was traveling in Carthage or its neighborhood: what the fictitious one was, if I knew, I have since forgotten, as things of this kind were of daily occurrence.

After waiting the governor’s pleasure for some time we had an audience; but such an audience!

He was surrounded by some of the vilest and most unprincipled men in creation; some of them had an appearance of respectability, and many of them lacked even that. Wilson, and, I believe, William Law, were there, Foster, Frank and Chauncey Higbee, Mr. Mar, a lawyer from Nauvoo, a mobocratic merchant from Warsaw, the aforesaid Jackson, a number of his associates, among whom was the governor’s secretary, in all, some fifteen or twenty persons, most of whom were recreant to virtue, honor, integrity, and every thing that is considered honorable among men. I can well remember the feelings of disgust that I had in seeing the governor surrounded by such an infamous group, and on being introduced to men of so questionable a character; and had I been on private business, I should have turned to depart, and told the governor that if he thought proper to associate with such questionable characters, I should beg leave to be excused; but coming as we did on public business, we could not, of course, consult our private feelings.

We then stated to the governor that, in accordance with his request, General Smith had, in response to his call, sent us to him as a committee of conference; that we were acquainted with most of the circumstances that had transpired in and about Nauvoo lately, and were prepared to give him all information; that, moreover, we had in our possession testimony and affidavits confirmatory of what we should say, which had been forwarded to him by General Joseph Smith; that communications had been forwarded to his excellency by Messrs. Hunter, James, and others, some of which had not reached their destination, but of which we had duplicates with us. We then, in brief, related an outline of the difficulties, and the course we had pursued from the commencement of the troubles up to the present, and handing him the documents, respectfully submitted the whole.

During our conversation and explanations with the governor we were frequently rudely and impudently contradicted by the fellows he had around him, and of whom he seemed to take no notice.

He opened and read a number of the documents himself, and as he proceeded he was frequently interrupted by “that’s a lie!” “That’s a God damned lie!” “That’s an infernal falsehood!” “That’s a blasted lie!” etc.

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