joseph's visit to governor carlin at quincy—arrest on the old requisition from missouri—a sheriff nursed by his prisoner—judge douglas discharges the prophet on writ of "habeas corpus"—browning's eloquent appeal—death of don carlos smith—events at nauvoo closing 1841.
on the 1st day of june, 1841, the prophet accompanied his brother hyrum and william law as far as quincy, illinois, on their mission to the east. while at quincy he called upon governor carlin at the latter's residence and was treated with marked respect and kindness. in the lengthy conversation which joseph had with carlin, nothing was said concerning the requisition formerly issued by the state of missouri and endorsed by carlin for the arrest of the prophet. this requisition had been returned, not served; all excitement concerning it had died away; and the absurd character of the demand made for joseph's person was supposed to be understood by carlin and all the other officials of the state.
after enjoying the hospitality of the governor, joseph withdrew and had only proceeded a little distance on his homeward journey, when carlin sent thomas king, sheriff of adams county, thomas jasper, constable of quincy, and several others, as a posse, with an officer from missouri to apprehend the prophet and deliver him up to the emissaries of boggs. this large party pursued joseph and on the 5th day of june overtook and arrested him at heberline's hotel, bear creek, about twenty-eight miles south of nauvoo. with the formal act of arrest the offense charged against the prophet was made known, that he was "a fugitive from justice;" but as the fact of his persecution in missouri was well-known to the posse, and as the officer from missouri did not conceal the vindictive hate with which he viewed his prisoner nor smother his threats, many of the party left in disgust and returned to their homes, declaring that they would have nothing to do with such outrageous proceedings. their action had a salutary effect upon the officers who remained. joseph was taken back to quincy and there obtained a writ of habeas corpus from charles a. warren, master in chancery. judge stephen a. douglas arrived at quincy that night and appointed a hearing on the writ for tuesday, the 8th day of june, in monmouth, warren county, where the court for the fifth judicial circuit for illinois would then commence the regular term. on the morning after the arrest, sheriff king and the missouri officer with their aides, went to nauvoo with their prisoner in charge. in the meantime considerable excitement had prevailed in the city, as news of the prophet's arrest had been conveyed there, and his brethren well knew that for him to return to missouri was to return to assassination. a party of his friends including hosea stout, tarleton lewis, john s. higbee and others, had come by the river to find him at quincy but had missed him on the way, as he came to nauvoo by land.
sheriff king was suffering greatly from ill health; and, after leaving quincy, was seized with violent illness. at nauvoo the prophet took the sheriff to his own house and nursed him like a brother, and continued this assiduous care for his captor during the four days intervening until after the arrival at monmouth.
on monday, the 7th day of june, the prophet departed very early in the morning for the appointed place, which was seventy-five miles distant. he was accompanied by charles c. rich, amasa lyman, shadrach roundy, reynolds cahoon, charles hopkins, alfred randall, elias higbee, morris phelps, john p. greene, henry g. sherwood, joseph younger, darwin chase, ira miles, joel s. miles, lucien woodworth, vinson knight, robert b. thompson, george miller and others. they traveled all day and until very late, making their camp about midnight in the road.
on tuesday morning, june 8th, they reached monmouth, where great excitement prevailed. a multitude of citizens had gathered, filled with curiosity to obtain a sight of the prophet, whom they expected and hoped to see loaded down with chains. a mob incited by sectarian bigotry attempted to seize his person; but the sheriff, whose health had been partially restored through joseph's careful nursing, declared that he would protect his prisoner at all hazards, and after much difficulty the mob was repulsed by the sheriff and the friends of order.
an effort was made to have the hearing on the writ immediately, but the state's attorney objected and secured a postponement until the next morning. on that day the citizens were kept in a state of ferment. the sectarian enemies of the prophet hoped they saw an opportunity to injure him, and they employed a great array of counsel to assist in overthrowing the writ and remanding the prophet back to his old and blood-thirsty enemies. others there were not so vindictive, who besought him to preach to the populace that night. they crowded around the prison and flocked to the window to get a peep at him, but the confinement was too close to permit of his addressing them even through the bars, further than to promise them that elder amasa lyman should give them a sermon on the succeeding evening.
at an early hour on wednesday the court at monmouth was filled with spectators anxious to witness the proceedings. the counsel in behalf of the prophet were charles a. warren, sidney h. little, o. h. browning, james h. ralston, cyrus walker and archibald williams. on behalf of the prosecution there were not only the state's attorneys, but a large number of prominent lawyers employed by joseph's opponents, and there were also some volunteer prosecutors who thought to get some fame or notoriety out of this case. threats of the most awful character were uttered against the prophet's advocates; and even the conservative element warned them that they might expect no further political favors from that county if they persisted in defending a man so repugnant to the sectarian religious element. they were not to be frightened by any such means, and they pursued their course vigorously. two points were raised for the prophet. one was that the writ was void, having once been returned to the executive by the sheriff of hancock county; and the other was that the whole proceeding on the part of missouri was illegal and that the indictment upon which the requisition was based had been obtained through fraud, bribery and corruption.
a young lawyer from missouri was among the volunteers to plead against joseph. while uttering his tirade in court, he was stricken by such pains that he ceased to talk and rushed from the court house. many of the people who had been amused by his antics, shouted after him, as they saw his pale face and the contortions of his stomach: "now we know why they call the people of missouri pukes."
o. h. browning made the principal speech for the prophet. this mr. browning afterward became a member of president johnson's cabinet as secretary of the interior. he was a man of great courage and possessed vigor and eloquence in speech. after covering the points of law involved, he recited many of the indignities which had been perpetrated upon the prophet in missouri and ridiculed the idea of his going back to be tried by his sworn murderers. mr. browning had been a witness to much of the distress of the saints. he stated the circumstances of the exile from missouri, and feelingly and emphatically pointed out the impossibility of joseph's obtaining justice there. he said that the very men who would be called as witnesses for the defense in the prophet's case, if it were to be tried in missouri, were actually forbidden by executive decree under the penalty of death, to enter upon the soil of that blood-stained state. he recounted the cruelties which had been practiced upon the saints until the streams of missouri had run with sanguinary hues; and declared that he himself had seen women and children destitute and defenseless, crossing the mississippi to seek refuge from ruthless mobs. after saying that to send joseph smith back to missouri for trial was but adding insult to injury, he concluded:
great god! have i not seen it? yes, mine eyes have beheld the blood-stained traces of innocent women and children, in the drear winter, who had traveled hundreds of miles barefoot through frost and snow, to seek a refuge from their savage pursuers. it was a scene of horror, sufficient to enlist sympathy from an adamantine heart. and shall this unfortunate man, whom their fury has seen proper to select for sacrifice, be driven into such a savage land, and none dare to enlist in the cause of justice? if there was no other voice under heaven ever to be heard in this cause, gladly would i stand alone, and proudly spend my latest breath, in defense of an oppressed american citizen.
so affecting was browning's address that many of the officers and spectators of the court wept for the woes of the prophet and his persecuted people.
the case was then adjourned until the next morning. in the meantime, elder amasa m. lyman preached a sermon to which a large congregation listened attentively. his address was marked by such power and spirit that a total revulsion in sentiment took place; and when the court next day decreed the discharge of the prisoner, the populace could no longer be incited by jealous priests into a demonstration against joseph.
the opinion of judge douglas in releasing the prophet was recorded as follows:
that the writ being once returned to the executive by the sheriff of hancock county was dead, and stood in the same relationship as any other writ which might issue from the circuit court; and consequently, the defendant could not be held in custody on that writ. the other point, whether evidence in the case was admissible or not, he would not at that time decide, as it involved great and important considerations relative to the future conduct of the different states. there being no precedent, as far as they have access to authorities, to guide them; but he would endeavor to examine the subject, and avail himself of all the authorities which could be obtained on the subject before he would decide that point. but on the other, the defendant must be liberated.
about 2 p.m. on thursday, june 10th, the prophet and his company started upon their return to nauvoo where they arrived at 4 p.m. on the 11th, and were greeted by the joyous acclamations of the saints.
some of the so-called religious publications made this trial a pretext for all manner of false and senseless utterances against joseph and the people. their purpose was very apparent. the ministers who preached for hire and divined for money feared to see their craft in danger; the growth of the saints was too rapid; the influence of joseph was too great. it did not matter to these enemies of the work that the saints were law-abiding and industrious, and that the prophet exercised no unrighteous authority, but labored in love and charity among his brethren and all people. they were determined to spread their lies abroad that a feeling of hatred might be incited against joseph and the people of nauvoo; and they were successful, for prejudice continued to enlarge its circle from that time. all these evil reports were colored by statements of the missouri officials who, to screen themselves gave out the ex parte testimony of mobocrats as being truthful statements of the missouri persecutions. a few papers had the courage and truth to examine carefully before committing themselves; and were led to protest against the unhallowed warfare waged by the blood-thirsty mob against joseph and his law-abiding and order-loving brethren in nauvoo. among articles of this character was one which appeared in the juliet courier, written to the editor of that journal by a spectator of the trial at monmouth, from which the following is an excerpt:
before this reaches you, i have no doubt you will have heard of the trial of joseph smith, familiarly known as the mormon prophet. as some misrepresentations have already gone aboard in relation to judge douglas's decision, and the merits of the question decided by the judge, permit me to say, the only question decided, though many were debated, was the validity of the executive writ which had once been sent out, i think in sept., 1840, and a return on it that mr. smith could not be found. the same writ was issued in june, 1841. there can really be no great difficulty about this matter, under this state of facts.
the judge acquitted himself handsomely, and silenced clamors that had been raised against the defendant.
since the trial i have been at nauvoo, on the mississippi, in hancock county, illinois, and have seen the manner in which things are conducted among the mormons. in the first place, i cannot help noticing the plain hospitality of the prophet smith to all strangers visiting the town, aided as he is in making the stranger comfortable by his excellent wife, a woman of superior ability. the people of the town appear to be honest and industrious, engaged in their usual avocations of building up a town and making all things around them comfortable. on sunday i attended one of their meetings, in front of the temple now building and one of the largest buildings in the state. there could not have been less than 2,500 people present, and as well appearing as any number that could be found in this or any state. mr. smith preached in the morning, and one could have readily learned, then, the magic by which he has built up this society, because, as we say in illinois, "they believe in him," and in his honesty. it has been a matter of astonishment to me, after seeing the prophet, as he is a called, elder rigdon and many other gentlemanly men anyone may see at nauvoo who will visit there, why it is that so many professing christianity, and so many professing to reverence the sacred principles of our constitution (which gives free religious toleration to all), have slandered and persecuted this sect of christians.
in the month of july, 1841, the apostles began to return to nauvoo from their missions to europe, and their coming was a great comfort to the prophet in his hour of affliction. at a special conference which was held at nauvoo on the 16th of august, 1841, shortly after the return of the twelve, joseph stated to the people there assembled that the time had come when the apostles must stand in their places next to the first presidency. they had been faithful and had borne the burden and heat of the day, giving the gospel triumph in the nations of the earth, and it was right that they should now remain at home and perform duty in zion. at the same conference the twelve selected a number of elders to go on missions, and joseph stated to the congregation that it was desirable to build up the cities in hancock county, illinois, and lee county, iowa.
in addition to the woes wrought by his enemies upon the prophet he had cause to mourn in august. his infant child don carlos died, bringing great distress upon the household. also his youngest brother, don carlos smith departed this life on the seventh day of august, 1841. this was a great blow to the prophet and the family. don carlos was but twenty-five years of age at the time of his death. he was a young man of considerable promise, and had been very active and zealous in the work from the commencement. he was one of the first to receive the testimony of joseph respecting the gospel. the evening after the plates of the book of mormon were shown to the eight witnesses, a meeting was held at which all the witnesses bore testimony of the truth of the latter-day dispensation. don carlos was present at this meeting, and also bore the same testimony. he was ordained to the priesthood when only fourteen years old, and at that age accompanied his father on a mission to his grandfather and relatives in st. lawrence county, new york. while on this mission he was the means of convincing a baptist minister of the truth of the work of god. after this he took several missions, and was very active in the ministry at home, being one of the twenty-four elders who laid the corner stones of the kirtland temple. before he was quite twenty years old he was ordained president of the high priests' quorum, in which capacity he acted until the time of his death. he and his counselors laid the southwest corner stone of the temple at nauvoo. he was a printer, having learned the business in the office of oliver cowdery at kirtland, and when the elders' journal was published there he took charge of the establishment. after the saints removed to nauvoo, he commenced making preparations for the publishing of the times and seasons. to get the paper issued at an early date he was under the necessity of cleaning out a cellar, through which a spring was constantly flowing, that being the only place where he could put up the press. he caught cold at this labor, and this, with administering to the sick, impaired his health, which he never fully recovered again. at the time of his death he was brigadier-general of the first cohort of the nauvoo legion, and a member of the city council of nauvoo.
like joseph and his other brothers, he was a splendidly formed man physically, being six feet, four inches high, very straight and well made, and strong and active. he was much beloved by all who knew him; for he was wise beyond his years, and he appeared to have a great future before him.
on the 12th day of this month nauvoo was visited by a band of sac and fox indians, under chiefs keokuk and kiskukosh and appenose. the party consisted of about one hundred chiefs and braves with their families, and they had come to nauvoo to see the prophet. at the landing they were met by joseph and hyrum and escorted to the meeting ground in the grove, where the prophet proceeded to address them upon their origin and the promises of god concerning them. his remarks were interpreted to them and gave them great delight. then he advised them to cease killing each other and warring with other tribes and besought them to keep peace with the whites. in reply to this keokuk said he had a book of mormon which the prophet had given him years before. said he to joseph:
i believe you are a great and good man. i look rough, but i also am a son of the great spirit. i have heard your advice; we intend to quit fighting and follow the good advice you have given us.
on the 27th day of august, 1841, elder robert blashel thompson died at his residence in nauvoo in the thirtieth year of his age. he had been joseph's scribe and trusted friend, and the prophet mourned him sincerely. on the 13th day of september, 1841, willard richards was appointed to be his successor.
on the 13th day of september, 1841, edward hunter visited nauvoo and made the acquaintance of the prophet. this noble man had journeyed from chester county in pennsylvania, in answer to the gospel call; and he brought his substance with him. being a man of wealth, he proved a blessing to the people and city.
brigadier-general swazey and the colonel of the militia of lee county, iowa, invited joseph and hyrum, with john c. bennett, to view a military parade at montrose on the 14th of september, 1841. they accepted the invitation and were very courteously received by the general and the officers, and every mark of respect was extended to them by the militia. a foolish fellow named d. w. kilbourn, a merchant, took umbrage at the presence of the prophet and his party and attempted to raise a riot. during the noon hour, when the militia were resting from their exercises, he gathered a large crowd around his store and read to them the following quotation:
citizens of iowa:—the laws of iowa do not require you to muster under or be reviewed by joseph smith or general bennett, and should they have the impudence to attempt it, it is hoped that every person having a proper respect for himself will at once leave the ranks.
neither the prophet nor his brother was in military costume, being there entirely in the capacity of private citizens, and the ridiculous insult was so apparent that even kilbourn's friends resented it. after the exercises were over the prophet was escorted to the river landing by a large party which bade him farewell with every manifestation of respect and friendship.
at the general conference which was held in the grove at nauvoo on the 2nd, 3rd and 4th days of october, 1841, many matters of church welfare were transacted. at the request of the twelve, joseph gave instruction on the subject of baptism for the dead.[1] his remarks were a revelation of comfort to the saints who had sorrowed that their ancestry had been deprived of the privilege of hearing the gospel truth. among other things which the prophet uttered on this memorable occasion were the following sentiments:
the only way to obtain truth and wisdom, is not to ask it from books, but to go to god in prayer, and obtain divine teaching. it is no more incredible that god should save the dead than that he should raise the dead.
there is never a time when the spirit is too old to approach god. all are within the reach of pardoning mercy, who have not committed the unpardonable sin, which hath no forgiveness, neither in this world, nor in the world to come. there is a way to release the spirit of the dead; that is by the power and authority of the priesthood—by binding and loosing on earth. this doctrine appears glorious, inasmuch as it exhibits the greatness of divine compassion and benevolence in the extent of the plan of human salvation.
this glorious truth is well calculated to enlarge the understanding, and to sustain the soul under troubles, difficulties and distresses. for illustration: suppose the case of two men, brothers, equally intelligent, learned, virtuous and lovely, walking in uprightness and in all good conscience, so far as they had been able to discern duty from the muddy stream of tradition, or from the blotted pages of the book of nature.
one dies and is buried, having never heard the gospel of reconciliation; to the other the message of salvation is sent, he hears and embraces it, and is made the heir of eternal life. shall the one become a partaker of glory, and the other be consigned to hopeless perdition? is there no chance for his escape? sectarianism answers, none! none!! none!! such an idea is worse than atheism. the truth shall break down and dash in pieces all such bigoted pharisaism; the sects shall be sifted, the honest in heart brought out, and their priests left in the midst of their corruption.
at this conference the prophet announced:
there shall be no more baptisms for the dead until the ordinance can be attended to in the font of the lord's house, and the church shall not hold another general conference until they can meet in said house. for thus saith the lord!
the conference had begun under discouraging circumstances. the weather was unpropitious, and there was some ill health. but before its conclusion a vast number of saints and visitors from abroad had gathered, and at the last day, when the weather became more favorable, the congregation was a multitude. there was much occasion at this conference for congratulation. the work was prospering at home and abroad. unanimity prevailed among the saints in the stakes of zion; and the missionary elders were constantly sending up reports of their success among the honest-in-heart.
as the brethren of the twelve had taken upon their own shoulders many of the burdens which the prophet had borne in their absence, he was enabled to perform greater labors in the way of general instruction than ever before. under his direction the temporal interests of the people in nauvoo prospered greatly. he also read the proofs of the book of mormon previous to its being stereotyped.
on the 8th day of november, 1841, the baptismal font in the lord's house was dedicated, president brigham young being spokesman.
the falsehoods concerning the saints bore evil fruit. bad men gathered in hancock and lee and made depredations upon the property of the saints and other citizens alike. the thefts perpetrated upon other citizens were attributed to the followers of the prophet; and the thieves themselves circulated the report secretly that these evil deeds were committed under the direction of joseph and hyrum. so industriously were these bad reports scattered and so generally were they believed that in november of 1841, the prophet and hyrum gave out to the world their innocence of these deeds, stating that they did not sanction any evil practice in any person whatever, and they warned all people of nauvoo and the surrounding country against being made the dupes of thieves, plunderers and falsifiers. they declared that the church would purge itself of all persons connected with any such crime.
