USA > Illinois > Hancock County > Historical encyclopedia of Illinois and history of Hancock County, Volume II > Part 38
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This ordinance was amended on Jan. 10, 1844, by a provision that it should not be so con- strued as to prevent, hinder or thwart the designs of justice or to retard the civil offi- cers of the state or county in the discharge of their official duties.
The last two ordinances above mentioned were repealed in Feb., 1844, but with a provi- sion that such repeal should not be so construed as to give license or liberty to any foreign officer or other person to' illegally disturb the peace, happiness or quiet of any citizen of said city, under penalty of a fine of not less than five hundred dollars, or imprisonment for six months in the city prison.
The last ordinance, while professing to re- peal the other two ordinances, was sufficiently severe in its terms to cause an officer outside of Nauvoo (called foreign) to hesitate before attempting to serve process therein lest he should be found guilty of disturbing the peace, happiness or quiet of some Nauvoo citizen.
USE OF THE WRIT OF HABEAS CORPUS
Joseph Smith was repeatedly arrested dur- ing his residence at Nauvoo, and was dis- charged on habeas corpus on each occasion ex- cept the last when he was killed by the mob.
On June 5, 1841, he was arrested at Quincy on a warrant from Gov. Carlin based on a requisition from the Governor of Missouri. He was discharged by Judge Douglas on a hear- ing on habeas corpus at Monmouth on the ground that the writ had been once returned before it was served. The correctness of the Judge's decision was generally admitted.
On August 8, 1842, he was arrested at Nauvoo as an accessory in the attempted assassination of ex-Governor Boggs of Missouri. Orrin P. Rockwell, accused as principal, was arrested at the same time. The prisoners were dis- charged on habeas corpus by the Municipal Court of Nauvoo.
The habeas corpus ordinance above mentioned was passed on the date of this arrest, but which was first in point of time does not appear.
Later, another indictment was procured against Joseph Smith in Missouri, and another requisition was issued. Upon receipt of this requisition Gov. Ford, who had succeeded Gov. Carlin as Governor of Illinois, issued a war- rant for Smith's arrest. This warrant was
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HISTORY OF HANCOCK COUNTY
served on Smith in Lee County, where he and his wife were visiting her relatives. Smith sued the officer, Harmon T. Wilson, a deputy sheriff of Hancock County, who made the ar- rest ,and Joseph H. Reynolds, the agent of Missouri, who was with him, for false imprison- ment. The suit was commenced by capias. They could not give bail and were held in cus- tody. These prisoners, as against their arrest, procured a writ of habeas corpus, returnable before Judge Young at Quincy, in their own circuit. Smith procured a writ of habeas corpus returnable before the nearest tribunal in the Fifth Judicial Circuit, authorized to hear and determine writs of habeas corpus. This was construed to be the Municipal Court of Nauvoo. According to Gregg the party which set out from Dixon was composed of the following :
"Smith's arrest was made on Thursday, the 23d of June, and on Monday, the 27th, the cavalcade, consisting of Wilson, Reynolds, and Smith; Messrs. Walker, Southwick, and Pat- rick, the counsel of Smith ; McKay, employed by Reynolds to guard Smith ; Sanger, the owner of the stage coach; McComsey, the driver of one of the teams employed; Ross, driver of the coach ; Mason, attorney for Reynolds and Wilson ; Wasson, the relative of Smith's wife, at whose house the arrest was made; Mont- gomery, son-in-law and travelling companion with Walker; and Mr. Campbell, Sheriff of Lee County, all started from Dixon southward in the direction of Nauvoo and Quincy."
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They may have started for Quincy or Nauvoo, but they brought up at Nauvoo, where Smith was discharged by the Municipal Court, of which he was the presiding officer, although he probably did not sit on the hearing of his own case. The charter, Sec. 17, provided that the Municipal Court should be "composed of the Mayor, or chief justice, and the aldermen as associate justices." Application was made to Gov. Ford for a military force to retake Smith, but this was denied, and the curtain fell.
While the proceedings up north were in prog- ress, great excitement prevailed at Nauvoo where the people had been advised by swift messengers of the prophet's arrest. Military preparations were made by his followers to rescue him in case of an attempt to take him across the Mississippi River. Three routes were considered possible : . one down the Illinois River to the Mississippi; another to Rock Is- land and thence down the Mississippi, and a
third, across the country without reference to rivers. It is said that a small steamer was furnished with guns and sent toward the mouth of the Illinois, and that squads of armed horse- men were sent out in different directions to watch for the officers and their prisoner. Some of these horsemen encountered the cavalcade on the way from Dixon to Nauvoo, anad turned around anad escorted the prophet back to the city.
BENNETT'S EXPOSE
In the meantime a controversy had arisen between Lieutenant-General Smith and Major- General Bennett which was supposed to have grown out of jealousy, although the true his- tory of the quarrel was never generally un- derstood. The breach between the two men widened from week to week. Finally Bennett was expelled from the church, or "seceded," as he called it, and thereupon left Nauvoo, declaring that he would expose the wrongs and wickedness of the Mormons, and bring the prophet to merited punishment. He published a book, entitled The History of the Saints; an exposé of Joe Smith and Mormonism, and in this he stated that he had never really believed in their doctrines, but had joined the Mor- mons to find out the truth and expose their designs. The Mormons claimed that Bennett's charges were fabrications, falsely made for pur- poses of revenge. Nevertheless, the book brings together many specific charges against Joseph Smith and his associates, which find corroboration in circumstances proved by other and less objectionable evidence.
As further indicating the ambitious designs of Joseph Smith and his followers, reference should be made to the fact that on Feb. 15, 1844, there was published in Joseph Smith's organ at Nauvoo an article announcing the name of General Joseph Smith as a candidate for President of the United States, and in the next issue (of the Times and Seasons) the an- nouncement was made, "For President, General Joseph Smith, Nauvoo, Illinois," and "For vice- President, Sidney Rigdon, of Pennsylvania," and the announcement of this ticket was car- ried in that paper until Smith was killed in the following June.
In Bennett's exposé he had singled out cer- tain prominent leaders, naming them, and stat- ing that they were disaffected and had good
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HISTORY OF HANCOCK COUNTY .
cause therefor, and all this brought them into disfavor with the authorities. Among these were Sidney Rigdon, Bishop Marks, George W. Robinson, Wilson Law, William Law, Dr. Robert D. Foster, Charles A. Foster, Francis M. Higbee and Chauncey L. Higbee. Reference was also made to Sylvester Emmans, a lawyer and a member of the city council, but not a church member. The prophet became suspicious of these men, and the friction increased. There was talk of a new church, and one was organ- ized in April or May, 1844. A printing press and materials were obtained in May from St. Louis to be used in publishing a new paper in the city with which to oppose the prophet.
Francis M. Higbee brought an action for slander against the prophet in the circuit court of Hancock County. The suit was commenced by capias, as was permissible under the law. Smith was served with the writ, but did not give bail for his appearance, but sued out a writ of habeas corpus and was discharged by the Municipal Court. At the May term of the Hancock Circuit Court, four civil suits pend- ing against Joseph Smith were removed from the county on his application for change of venue to adjoining counties. At the same term Joseph Smith was indicted for adultery and also for perjury. In the meantime many charges had been made against Joseph Smith as to im- proper advances and proposals made by him to respectable Nauvoo women, and these charges intensified the opposition. It was rumored that he claimed to have received a revelation authorizing or commanding plural marriages.
NAUVOO EXPOSITOR ABATED
And so on June 7, 1844, the first and only issue of the opposition paper, call the Nauvoo Expositor, was published, such paper demand- ing the unconditional repeal of the city char- ter, the correction of the abuses of the unit power, and advocating disobedience to political revelations. The editor was Sylvester Emmans. The names of the publishers were given as Wil- liam Law, Wilson Law, Charles Ivins, Fran- cis M. Higbee, Chauncey L. Higbee, Robert D. Foster, and Charles A. Foster. It is said that "the professed aim and purpose of this sheet were to expose the enormities practiced by the prophet and his followers at Nauvoo. The pa- per was issued on Friday, June 7th. The city council deliberated Saturday and Monday as
to what should be done, and at six o'clock Mon- day afternoon passed a resolution instructing the mayor to cause the Expositor to be abated as a nuisance. This was done at eight o'clock the same evening. The marshal's return on the writ is as follows :
"The within named press and type is de- stroyed and pied according to order, on this 10th day of June, 1844, at about eight o'clock p. m."
Thereupon' great excitement prevailed throughout the county. Meetings were held. Resolutions were passed at Carthage and War- saw as follows :
"Resolved, That the time, in our opinion, has arrived when the adherents of Smith as a body, should be driven from the surrounding settlements into Nauvoo: that the prophet and his miscreant adherents should then be de- manded at their hands, and if not surrendered, a war of extermination should be waged to their entire destruction, if necessary for our protection.
"Resolved, That every citizen arm himself to be prepared to sustain the resolutions herein contained."
. THE KILLING OF THE SMITHS, JUNE 27, 1844
It is said that there were four classes of citizens in the county at that time: (1) the Mor- mons ; (2) Jack-Mormons, not members, but . supporters for political or other personal ends ; (3) old citizens, anti-Mormon at heart, but opposed to lawless measures against the Mor- mons ; and (4) Anti-Mormons, who advocated war and extermination.
And now, men were armed and drilling every- where. Agents were sent abroad for arms and ammunition. A cannon and some ammunition were brought from St. Louis to Warsaw. The town voted $1,000 for supplies. Governor Ford was induced by a deputation sent to Spring- field to visit the county in person. The Gover- nor came and placed all troops under orders and under proper commanders. An officer, with a force of ten men, was sent to Nauvoo to arrest the Smiths, but they returned to the county seat without them. The Governor in- sisted upon the surrender of the leaders and on June 24th, Joseph Smith, his brother Hyrum, and some members of the council, voluntarily entered into recognizance to appear at court. A new warrant charging Joseph and Hyrum
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HISTORY OF HANCOCK COUNTY
Smith with treason had been issued and they were arrested on this warrant. The parties were not ready for examination on this charge, and the two Smiths were committed to the county jail at Carthage for safe-keeping. The events immediately following are thus set forth by Gregg in The Prophet of Palmyra:
"The Governor now decided to march his whole force into Nauvoo, but does not seem to have any clearly defined object for so do- ing. The morning of the 27th was fixed on for the march; and on the 26th the order was given, and a message sent to the troops at Warsaw, to meet him and the main body at Golden's Point, about seven miles from the city. But on the morning of the day fixed for the march, he wavered in his intention of taking a force into the city, and called a coun- cil of his officers for consultation. A small majority of them voted in favor of going; but the Governor took the responsibility, counter- manded his orders, and disbanded the troops- except three companies, two to remain at Car- thage, and one to accompany himself and a few friends into Nauvoo. An order to this effect was accordingly forwarded to the companies at Warsaw, who were already on the march, and they were met on the prairie by the dis- banding officer before reaching Golden's Point. After being disbanded, portions of these re- turned to their homes, while others changed their course eastward toward the county seat. The two captains left to guard the jail were put under command of Captain Robert F. Smith, of the Carthage Grays, an independent and well-disciplined company-his own being one of them.
" 'Having ordered the guard and left Gen .. Deming in command in Carthage, and dis- charged the residue of the militia, I immedi- ately departed for Nauvoo, eighteen miles dis- tant, accompanied by Col. Buckmaster, Quarter- Master-General, and Capt. Dunn's (Augusta) company of dragoons.'-Ford's Hist., p. 345.
"It was supposed that one, and perhaps a chief purpose of this expedition, was 'to search for counterfeit money.' Be this as it may, the Governor changed his mind again. He began to fear an attack on the jail, it was said; so he decided to omit the search, but to hurry on to the city, make the Mormons a speech, and return to Carthage the same night. The bag- gage wagons were halted on the prairie, with orders to return at night. He and his escort
reached the city about four o'clock. The people were called together, and the Governor made them an address, in which, he says, he rated them pretty severely for their bad conduct, and ended by putting the vote whether they would in future obey the laws. They unani- mously voted Yes !- when his excellency and his retinue started back to Carthage a little before sundown. A few miles out of the city they were met by a messenger with the infor- mation that the prophet and his brother had been assailed in jail by a mob, and KILLED! The messenger who brought the news was or- dered to return with them to Carthage, which he did; but by some unknown means the news reached the city during the night.
"General consternation now pervaded the whole county. The troops had been disbanded, and most of them had, during the day, left for their homes. Captain Dunn's company, with the Governor and two companies left at Carth- age, were all that were now under arms in the county to confront the Legion should it make a raid to avenge its chief. The Governor, in a state of high excitement, hurried on with his command to Carthage, where he arrived long after night, only to find the place par- tially deserted ; and all who had not gone, with a few exceptions, were going as fast as means of conveyance could be found for their fami- lies. All were fleeing in an easterly or south- easterly direction, opposite to that of the Mor- mon city. The bodies of the murdered men, together with that of John Taylor, their wounded companion, and Willard Richards, who was unhurt, had been removed by kindly hands to the hotel, where they remained · dur- ing the night. General Deming had left for his home in the country during the afternoon, be- fore the deed had been committed. The Gover- nor only halted long enough to denounce the people for their folly, and rode on to Augusta that night, and thence the next day to Quincy.
"At Warsaw, the people were not long in hearing of the crime, and, apprehending Mor- mon vengeance, many of them also hurried from their homes, mostly taking refuge in Alex- andria, across the river in Missouri. Picket guard were placed about both Carthage and Warsaw, to watch the approach of the enemy.
"At Nauvoo the greatest consternation pre- vailed. The messenger bringing them the news had been turned back by the Governor; yet late at night the terrible fact had somehow
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HISTORY OF HANCOCK COUNTY
reached the city. The people were appalled at the disaster which had befallen them. Not knowing that the troops had been disbanded, and fearing an attack from the mob, they also fled from their homes-many of them crossing over into Iowa."
It is not easy to state the exact particulars of the occurrence at the jail when Joseph and Hyrum Smith were killed. It is certain that the killing of these men was the act of a mob and a manifestation of the same spirit of law- lessness for which the Smiths had been com- mitted to jail. In plain words these men were murdered. There was no justification in law for the act. If they were guilty of treason, as their acts of defiance of the properly con- stituted authorities would seem to indicate, there was a law under which they could have been punished. It was not for citizens banded together as a mob to execute these men, with- out trial, without hearing, and without judi- cial sentence. In a measure, the people of the state and of the county, acting through their representatives in the legislature, had thought- lessly granted to the Mormons such extraordi- nary powers, and politicians and office-seekers had so openly cultivated their favor, as to give some color to the belief of Smith and his fol- lowers that they were supreme, and would be protected, or would be able to protect them- selves, in their defiance of legal process and their contempt of the general laws of the state.
There are few persons living at this day, seventy-five years after the killing of the Smithis, who have any personal knowledge of the tragedy. Perhaps there are none such. There are three statements of what occurred, which are worthy of consideration, inasmuch as . two of these statements are from eye-witnesses from without the jail, and the other is from Willard Richards, a Mormon, who was in the jail with the Smiths at the time of the shoot- ing. Willard Richards and John Taylor, promi- nent men among the Mormons, were visiting the Smiths in jail at the time. The account given by Richards presents the Mormon side of the matter. He was in a position to know what occurred in the room when the shooting began. To what extent the statements of these men should be discounted, it is for the reader to judge.
The first statement is by William R. Hamil- ton, a life-time citizen of Carthage, Illinois, and
for many years a Justice of the Peace of the county. He belonged to one of the prominent families of Carthage and was a man of intel- ligence and integrity. His statement is con- tained in the History of McDonough County, which was published a few years ago by the Munsell Publishing Company of Chicago.
The second statement was published in the Ithaca Journal of New York, in April, 1886, and was signed, "J. H. S.," and was "written by a highly intelligent gentleman who was a resi- dent of Carthage at that time and well-known in the county." (This quotation is from Gregg, in his Prophet of Palmyra.)
The third statement, that of Willard Rich- ards, was published in the Nauvoo Neighbor, on July 24, 1844, and is also found in Gregg's History.
A fourth statement is accessible, which was put forth by William M. Daniels in a pamphlet printed at Nauvoo. This young man claimed that he was at the jail when the shooting oc- curred. He says that after Joseph Smith had fallen or jumped out of the window and while he was lying against the well-curb, four of the mob, at the command of Col. Williams, fired their muskets at the dead or dying man, and that another person caught up a bowie knife for the purpose of cutting off his head, but that as the knife was raised to strike, "a light so strange, so bright and sudden, flashed be- tween him and the corpse, that he and the four men who had shot him, were struck with terror and consternation ;" that "their muskets fell from their hands, and they stood like marble, not having power to move a single limb ;" that "this light was something like the flash of lightning, and was so much brighter than the day, that, after it had passed, it left a slight darkness like a twilight." The testi- mony of this man finds no support in the state- ments of the other three above mentioned, not even in that of Willard Richards, and was deemed so improbable and unworthy of belief that the jurors on the trial of those indicted for killing Joseph Smith were instructed by the presiding judge to disregard the testimony of this witness altogether.
The statements of the three men above men- tioned are here given for the consideration of the reader.
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HISTORY OF HANCOCK COUNTY
THE STATEMENT OF WILLIAM R. HAMILTON
"I will give you a short description of the killing of the Smiths as I saw it done on June 27, 1844. Governor Ford issued his order dis- banding the troops early in the morning, and all had left for home by 11 o'clock except the Carthage Grays, whom he had retained to guard the Smiths, and the Augusta Dragoons, who accompanied him to Nauvoo. (The town was at first called Commerce.) The Smiths were taken from my father's hotel to the jail, and placed in the jailor's sleeping-room under guard of an officer of the Carthage Grays, with six men who were relieved by a new detail at noon.
"The Smiths being upstairs, the guards took their station on the front steps and in the hall below. It was a warm day ; windows and doors all open ; not a lock, bolt, or even a latch, was upon the door to the room where the Smiths were. They had with them as companions, Elders John Taylor and Willard Richards. About 11 o'clock Captain Smith ordered E. S. Rand and me to take a large field glass and go to the cupola of the Court House, and keep watch for and see if we could discover any body of men approaching the town from any direction, but especially from the west. About 4 o'clock p. m. we discovered quite a large number of men congregating on the prairie, about two miles from the town and just behind the point of timber a little northwest. Our orders were that, on discovering anything, we should at once privately report to him, and to no one else. Rand went with the report to the Captain, and was ordered to return to his post, and to keep a close watch and see if any of the men came through the timber and approached toward town or jail; if so, we were not to give an alarm, but to make report to him only.
"About 4:45 P. M. we discovered them coming out of the timber on foot, and starting toward the jail at a quick step. They were in single file, north of the old rail fence, and out of sight from anyone on the ground. They numbered at least one hundred, and perhaps one hundred and fifty, and were carrying their guns at trail and apparently as much out of sight as possible. We immediately tried to report, but could not find the Captain, and did not, until the mob had reached the jail and commenced their work. Then the call to arms was given, but delays of all sorts prevented a quick formation
of the company, so that it did not reach the jail until the work for which the mob came had been accomplished and the latter were at a safe distance.
"When the first firing was heard, I felt that if I waited for the company I would not see anything; so immediately, without orders, I started for the jail on the run, and got there just as Joe Smith came to the window and was shot. He fell out, striking the ground on his left side, his head toward the north. One of the mob went up to him and said, 'He is dead, boys!' With that, the mob immediately left, in a quick but orderly manner, in the direction whence they came. Smith was not slot, mal- treated, or molested in any manner after he fell out of the window, and all such stories by Mormons, or anyone else, are absolutely false.
"I went up to Smith while the mob was there, and saw that he was dead; then thought that I would go into the jail and see what had taken place there. I found Hyrum Smith dead, lying on his back on the floor, toward the east side of the room with his head in that direction. One of the men in the hall had shot him by placing his gun against the door panel and shoot- ing through it, the ball striking Smith in the left breast, when he fell backward and lay in the position in which I found him. I was the first person to enter the room after he was killed. No one was there, and no one came while I was there. Richards, who had escaped being shot, had just carried Taylor out and taken him into the cell department. After I had satisfied my boyish curiosity, I went down, and started for home to tell what I had seen. As I was going home and when about a block away, I met the company going toward the jail.
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