USA > Illinois > Hancock County > History of Hancock County, Illinois, together with an outline history of the State, and a digest of State laws > Part 27
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During the winter and spring of 1844, the breach had widened to the extent of organizing a new Church, and [ one was instituted in April or May, with William Law as its President, but who dis- claimed any prophetic attainments. It was also decided to estab- lish a newspaper in the city, as their organ, and with which to fight the prophet. Accordingly, in May a printing press and mate- rials arrived by steamer from St. Louis, and were landed and hauled into the city and set up without molestation.
Of course, these events caused great excitement, not only in the city among the faithful, but over the whole county. Evidently a crisis was approaching. The lion was being bearded. In the meantime the habeas corpus was not inactive. In May, Mr. Francis M. Higbee, one of the seceders, commenced against the prophet a civil action for slander, in the Hancock Circuit Court, on which a capias was issued. On this being served by the Sheriff, instead of entering bail for his appearance, as usual, Smith obtained a writ of habeas corpus from the City Court, and was set at liberty. About the same time, one Jeremiah Smith, an Iowa defaulter to the U. S. Government, fled to the city for refuge, was arrested by the U. S. Marshal, and twice released in the same way, the Court rendering a judgment for costs against the United States !
The May term of the Hancock Circuit Court commenced its session at Carthage on the 20th. At this Court several cases against Smith were disposed of, as follows:
Alexander Sympson vs. Joseph Smith, for false imprisonment; change of venue to Adams county. F. M. Higbee, complainant, for slander; C. A. Foster, complainant, for false imprisonment; and A. Davis, complainant, for trespass, to the county of McDonough. In addition to the four above named civil actions, two indictments were found against him by the grand jury-one for adultery, and one
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for perjury. To the great surprise of all, on the Monday following, the prophet appeared in Court and demanded trial on the last named indictment. The prosecutor not being ready, a continu- ance was entered to the next term.
In the meantime the seceders were not idle. Law boldly denounced the prophet from the stand in the city; while the others were busy among the people in and ont of the city. The pros - pectus for the newspaper was circulated extensively, and received with much comment. Its title was to be the Nauvoo Expos- itor, and its purposes, as set forth in the prospectus, were the Unconditional Repeal of the City Charter-To Correct the Abuses of the Unit Power -- To Advocate Disobedience to Political Reve- lations,-in short, to oppose the prophet Smith, and correct the abnses of which he was claimed to be the cause.
The paper was issued under date of June 7th. It had for its editor Sylvester Emmons, and the names of William Law, Wilson Law, Charles Ivins, Francis M. Higbee, Chauncey L. Higbee, Robert D. Foster and Charles A. Foster, as its publishers. In a literary point of view, it exhibited no decided talent. It had evi- dently been prepared in hurry and excitement, and with no attempt at artistic arrangement. About half of its reading matter was selected. Of its original contents, five or six columns were occu- pied with a " Preamble, Resolutions and Affidavits of the Seceders from the Church at Nauvoo," giving reasons for their action, and making charges against Smith and his adherents. A number of editorial articles followed, couched in strong language, but not remarkable for ability or point.
The confessed aim and purpose of this sheet were to expose the enormities practiced by the prophet and his followers at Nauvoo. And from the statements and proofs adduced, and from corrobo- rative facts, making all due allowance for exaggeration, we are con- pelled to accept most of them as true. Yet we can not but remem- ber that while they were showing Joseph Smith to have been a desperately bad man, they were, to put it in as mild a way as pos- sible, adding little to their own characters, inasmuch as for years they had been his supporters and defenders, and (having been in his confidence) must have known long before that he was a cheat and a fraud, and that all his pretensions to religion and sanctity were false. And now that he and they had quarreled, that their personal right had been trampled upon, that the sanctity of their homes had been invaded, they rebelled and sought to put him down. Better late than never, and better from questionable motives than not at all, however.
Sidney Rigdon, who, taking their statements to be true, had more reason than any to come out and denounce the prophet, still refused, till after the prophet's death, and Brigham and the Twelve had thrown him overboard. Did Rigdon know of Smith's vil- lainies, after fifteen years' association with him? These seceders gave countenance to Joseph H. Jackson, in his exposures,-a new-
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comer, who, as he says, had only been in Smith's confidence a little while; and Jackson published that Smith had acknowledged to him that he was a counterfeiter, that he had instigated murder, and that the Mormon bible and golden plates were frauds. Is it more likely that Jackson would have gained the prophet's confidence than they?
But the life of the Expositor was a short one. This number was its initial and final one. It was issued on Friday, the 7th of June, 1844, and on Saturday, the Sth, the City Council was in session, considering what should be done about it. They deliberated all day, and all day Monday, and at 6 o'clock in the evening passed a resolution declaring it a nuisance, and instructing the Mayor to cause it to be abated, which he did about eight the same evening.
The Nauvoo Neighbor had succeeded the Wasp. We have before us an extra of that paper, containing a certified copy of the pro- ceedings of Council on this occasion. It is due to them that their side of the controversy should be given, and this extra fully sets forth the reasons for their action. Besides, it should be preserved for all time to come, as a curiosity in legal proceedings, and as illustrating to future law-makers the nature of a nuisance, and its proper mode of treatment. Though long, it is worthy of a place here, and we copy it entire, only correcting its typography:
NAUVOO NEIGHBOR-EXTRA. MONDAY MORNING, JUNE 17, 1844.
To the Public :
" As a soft breeze in a hot day mellows the air, so does the simple truth calm the feelings of the irritated, and so we proceed to give the proceedings of the City Council relating to the removal of the Nauvoo Expositor as a nuisance. We have been robbed, mobbed and plundered with impunity some two or three times, and as every heart is more apt to know its own sorrows, the people of Nauvoo had ample reason, when such characters as the proprietors and abet- tors of the Nauvoo Expositor proved to be before the City Council, to be alarmed for their safety. The men who got up the press were constantly engaged in resisting the authority or threatening something. If they were fined an appeal was taken, but the slander went on; and when the paper came, the course and the plan to destroy the city was marked out. The destruction of the City Charter and the ruin of the saints was the all commanding topic. Our lives, our city, our Charter and our characters are just as sacred, just as dear and just as good as other people's; and while no friendly arm has been extended from the demolition of our press in Jackson county, Missouri, without law, to this present day, the City Council, with all the law of nuisance, from Blackstone down to the Springfield Charter, knowing that if they exceeded the law of the land, a higher court would regulate the proceedings-abated the Nauvoo Expositor.
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" The proceedings of the Council show, as sketched, that there was cause of alarm. The people when they reflect will at once say that the feelings and rights of men ought to be respected. All persons otherwise, and, without recourse to justice, mercy or humanity, to come out with inflammatory publications, destructive resolutions, or more especially extermination, shows a want of feeling, and a want of respect, and a want of religious toleration that honorable men will deprecate among Americans, as they would the pestilence, famine, or horrors of war. It can not be that the people are so lost to virtue as to coolly go to murdering men, women, and children. No. Candor and common sense forbid it.
For the Neighbor.
" MR. EDITOR :- In your last week's paper I proposed giving your readers an account of the proceedings of the City Council, but time forbids any thing more than a brief synopsis of the proceedings of the Municipality of the City of Nauvoo, relative to the destruction of the press and fixtures of the Nauvoo Expositor.
" CITY COUNCIL, REGULAR SESSION, June 8th, 1844.
" In connection with other business, as stated in last week's paper, the Mayor remarked that he believed it generally the case, that when a man goes to law, he has an unjust cause and wants to go before some one who wants business, and that he had very few cases on his docket, and referring to councilor Emmons, editor of the Nauvoo Expositor, suggested the propriety of first purging the City Council; and referring to the character of the paper and pro- prietors, called up Theodore Turley, a mechanic, who, being sworn, said that the Laws (Wm. and Wilson) had brought bogus dies to him to fix.
" Councilor Hyrum Smith inquired what good Foster, and his brother, and the Higbees, and Laws had ever done; while his brother Joseph was under arrest, from the Missouri persecution, the Laws and Foster would have been rode on a rail, if he had not stepped forward to prevent it, on account of their oppressing the poor.
"Mayor said while he was under arrest by writ from Gov. Carlin, Wm. Law pursued him for $40.00 he was owing Law, and it took the last expense money he had to pay it.
"Councilor H. Smith referred to J. H. Jackson's coming to this city, etc. Mayor said Wm. Law had offered Jackson $500.00 to kill him.
" Councilor H. Smith continned Jackson, told him, he (Jackson) meant to have his daughter; and threatened him if he made any resistance. Jackson related to him a dream; that Joseph and Hyrum were opposed to him, but that he would execute his purposes; that Jackson had laid a plan with four or five persons to kidnap his daughter, and threatened to shoot any one that should come near, after he had got her into the skiff; that Jackson was
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engaged in trying to make bogus, which was his principal business,- referred to the revelation read to the High Council of the Church, which has caused so much talk about a multiplicity of wives; that said revelation was in answer to a question concerning things which transpired in former days, and had no reference to the present time; that when sick, Win. Law confessed to him that he had been 'guilty of adultery,' and 'was not fit to live,' and had ' sinned against his own soul,' etc., and inquired who was Jndge Emmons. When he came here he had scarce two shirts to his back, but he had been dandled by the authorities of the city, etc., and was now editor of the Nauvoo Expositor, and his right-hand man Francis M. Higbee, who had confessed to him that he had * * ** * * *
" Washington Peck sworn :- Said soon after Joseph H. Jackson came here, he came to witness to borrow money, which witness loaned him, and took some jewelry as security. Soon after, a man from across the river came after the jewelry; Jackson had stolen the jewelry from him. At another time, wanted to get money of witness; asked witness if he would do any thing dishonorable to get a living. Witness said he would not. Jackson said witness was a damned fool, for he could get a living a deal easier than he was then doing by making bogus, and some men high in the Church were engaged in the business. Witness asked if it was Joseph. 'No,' said Jackson, 'I dare not tell it to Joseph.' Witness understood him the Laws were engaged in it. Jackson said he would be the death of witness, if he ever went to Joseph or any one else to tell what he had said.
" Ordered by the Council that Sylvester Emmons be suspended until his case could be investigated for slandering the City Council; that the Recorder notify him of his suspension, and that his case would come up for investigation at the next regular session of the Council. [The order is in the hands of the Marshal.]
" Councilor J. Taylor said that Conncilor Emmons helped to make the ordinances of the city, and had never lifted his voice against them in the Council, and was now trying to destroy the ordinances and the charter.
" Lorenzo Wasson,sworn :- Said Joseph H. Jackson told witness that bogus-making was going on in the city; but it was too damned small business. Wanted witness to help him to procure money, for the General (Smith) was afraid to go into it, and with $500 he could get an engraving for bills on the bank of Missouri, and one on the State of New York, and could make money; said many times witness did not know him; believed the General had been telling witness something. 'God damn him, if he has I will kill him,' -- swore he would kill any man that should prove a traitor to him. Jackson said if he could get a company of men to suit him, he would go into the frontiers and live by highway robbery; had got sick of the world.
" Mayor suggested that the Council pass an ordinance to prevent
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misrepresentation and libelous publications, and conspiracies against the peace of the city; and referring to the reports that Dr. Foster had set afloat, said he had never made any proposals to Foster to come back to the Church. Foster proposed to come back; came to Mayor's house and wanted a private interview; had some conversation with Foster in the Hall, in presence of several gentle- men, on the 7th inst .; offered to meet him and have an interview in presence of friends, three or four to be selected by each party, which Foster agreed to; and went to bring his friends for the inter- view, and the next notice he had of him was the following letter:
."'JUNE 7, 1844.
" 'To GEN. J. SMITH:
"'Sir-I have consulted my friends in relation to your proposals of settlements, and they as well as myself are of the opinion that your conduct and that of your unworthy, unprincipled clan is so base that it would be morally wrong and detract from the dignity of gentlemen to hold any conference with you. The repeated in- sults and abuses, I, as well as my friends, have suffered from your unlawful course towards us demands honorable resentment. We are resolved to make this our motto; nothing on our part has been done to provoke your anger, but have done all things as become men; you have trampled upon everything we hold dear and sacred, you have set all law at defiance and profaned the name of the Most High to carry out your damnable purposes, and I have nothing more to fear from you than you have already threatened; and I as well as my friends will stay here and maintain and magnify the law as long as we stay; and we are resolved never to leave until we sell or exchange our property that we have here. The proposals made by your agent, Dimick Huntington, as well as the threats you sent to intimidate me, I disdain and despise as I do their unhallowed anthor. The rights of my family and my friends demand at my hand a refusal of all your offers; we are united in virtue and truth, and we set hell at defiance and all her agents.
Adieu. "'R. D. FOSTER.
"'Gen. J. Smith.'
"Mayor continued :- And when Foster left his house, he went to a shoe shop on the hill and reported that 'Joseph said to him if he would come back he would give him Law's place in the Church and a hat full of specie.'
"Lucien Woodworth sworn :- Said that the conversation as stated by the Mayor was correct; was at the Mansion June 7th when Dr. Foster rode up and inquired if Gen. Smith was at home. Dr. Fos- ter went into the house; witness followed. Dr. Foster was there, the General and others looking at some specimens of penman- ship; something was said respecting a conversation at that time between the General and Doctor. Gen. Smith observed to Foster, if he had a conversation he would want others present. The Doctor
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said he would have a word with him by himself, and went into the hall. Witness went to the door that he might see and hear what was passing. They still continued to talk on the subject of a con- versation that they might have afterwards with others present, whom Mr. Smith might choose and Foster might choose. Foster left, and went for them that he said he wanted present, and would return soon with them; thinks he heard all the conversation; heard nothing about Gen. Smith's making any offers to Foster to settle; was present all the time. Dimick Huntington said he had seen Foster and talked with him.
" Mayor said he wished it distinctly understood that he knew nothing about Dimick Huntington going to see Foster.
" Woodworth said he sent Dimick Huntington to Foster, and Joseph knew nothing about it.
"Councilor H. Smith said Dimick Huntington came to him on the 7th inst., and said he had had an interview with Dr. Foster, and thought he was about ready to come back, and a word from him to Joseph would bring it about.
" Mayor said the conduet of such men and such papers are cal- culated to destroy the peace of the city, and it is not safe that such things should exist, on account of the mob spirit which they tend to produce; he had made the statements he had, and called the witnesses to prepare the Council to act in the case.
" Emmons was blackguarded out of Philadelphia, and dubbed with the title of Judge (as he had understood from the citizens of Phila- delphia), was poor, and Mayor helped him to cloth for a coat before he went away last fall, and he labored all winter to get the post- office from Mr. Rigdon (as informed).
" Mayor referred to a writing from Dr. Goforth, showing that the Laws presented the communication from the 'Female Relief So- ciety,' in the Nauvoo Neighbor, to Dr. Goforth, as the bone of con- tention, and said, 'If God ever spake by any man, it will not be five years before this city is in ashes and we in our graves, unless we go to Oregon, California, or some other place, if the city does not put down everything which tends to mobocracy, and put down their murderers, bogus-makers and scoundrels ;' all the sorrow he ever had in his family has arisen through the influence of Wm. Law.
"C. H. Smith spoke in relation to the Laws, Fosters, Higbees, editor of the Signal, ete., and of the importance of suppressing that spirit which has driven us from Missouri, etc .; that he would go in for an effective ordinance.
" Mavor said at the time Gov. Carlin was pursuing him with his writs, Wm. Law came to his house with a band of Missourians, for the purpose of betraying him; came to his gate, and was prevented by Daniel Cairns, who was set to watch. Law came within his gate and called Mayor, and the Mayor reproved Law for coming at . that time of night, with a company of strangers.
" Daniel Cairns sworn :- Said that about 10 o'clock at night a boat came up the river, with about a dozen men. Wm. Law came to
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the gate with them, witness on gnard. Stopped them. Law called Joseph to the door and wanted an interview. Joseph said, ' Bro. Law, you know better than to come here at this hour of the night;' and Law retired. Next morning Law wrote a letter to apologize, which witness heard read, which was written apparently to screen himself from the censure of a conspiracy, and the letter betrayed a conspiracy on the face of it.
"Adjourned at half-past 6 P. M. till Monday, 10th, at 10 o'clock A. M.
"ADJOURNED SESSION.
"June 10th, 10 o'clock A. M.
"Alderman Harris presiding.
" Mayor referred to Dr. Foster, and again read his letter of the 7th inst. (as before quoted.)
" Cyrus Hills, a stranger, sworn :- Said one day last week, be- lieved it Wednesday, a gentleman whom witness did not know came into the sitting-room of the Nauvoo Mansion, and requested the Hon. Mayor to step aside, he wanted to speak with him. Mayor stepped through the door into the entry by the foot of the stairs, and the Gen. (Mayor) asked him what he wished. Foster, as wit- ness learned since was the gentleman's name, said he wanted some conversation on some business witness did not understand at the time. . The Gen. refused to go any farther, and said he would have no conversation in private; what should be said should be in public; and told Foster if he would choose three or four men, he would meet him with the same number of men, among whom was his brother Hyrum, and they would have a cool and calm investiga- tion of the subject, and by his making a proper satisfaction, things - should be honorably adjusted. Witness judged from the manner in which Foster expressed himself that he agreed to the Mayor's proposals, and would meet him the same day, in presence of friends. Heard no proposals made by Mayor to Foster for settlement, heard nothing about any offers of dollars, or money, or any other offer except those mentioned before; nothing said about Wm. Law; was within hearing of the parties at the time conversation was going on.
"O. P. Rockwell sworn :- Some day last week, said Dr. Foster rode up to the Nauvoo Mansion and went in; witness went in, and found the Mayor and Dr. Foster in conversation. Gen. Smith was naming the men he would have present, among whom was Hyrum Smith, Wm. Marks, Lucien Woodworth and Peter Hawes, and Dr. Foster had leave to call an equal number of his friends, as wit- ness understood, for the purpose of having an interview on some matters in conversation.
"The doctor's brother was proposed; Gen. said he had no objec- tions; wanted him present. Dr. Foster started, saying he would be back shortly. Before Dr. F. left, the men whom Gen. Smith had named to be present at the conversation were sent for.
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" Cross-examined. - Witness went into the house as Mayor and Dr. Foster were coming out of the bar-room into the hall; nothing said by the Mayor to Dr. Foster about his coming back; made no offer to Foster about a settlement.
" Mayor said the first thing that occurred when he stepped into the hall with Foster, was that he wanted to assassinate him; he saw something shining below his vest; Mayor put his finger on it and said, ' What is that ?' Foster replied, ' It is my pistol,' and immediately took ont the pistol and showed it openly, and wanted the Mayor to go with him alone. Mayor said he would not go alone. Mayor never saw the pistol before; had a hook on its side, to hang on his waistcoat.
" Andrew L. Lamaraux sworn :- Said that in 1839 or '40, while President Joseph Smith, Elder Rigdon, Judge Higbee, O. P. Rockwell and Dr. R. D. Foster, on their way to Washington, called at witness' house in Dayton, Ohio; the evening was spent very agreeably, except some dissatisfaction on the part of certain females with regard to the conduct of Dr. Foster. On their return from Washington, witness informed President Smith of Foster's conduct. President Smith said he had frequently reproved Foster for such conduct, and he had promised to do better, and told wit- ness to reprove Foster if he saw anything out of the way. That evening Foster refused to join the company, and walked through the town till about S o'clock, when he came in and interrupted President Smith, who was expounding some passages of scriptures, and changed the conversation. Soon after the company was invited to Mr. Brown's at the next door, whither they all repaired. While at Mr. Brown's, conversation going on, and the room much crowded, Dr. Foster and one of the ladies he had paid so much attention to before, took their seats in one corner of the room. Witness heard her state to Dr. Foster that she supposed she had been en ceinte for some time back, but had been disappointed, and supposed it was on account of her weakness, and wanted Foster to prescribe something for her. Foster said he could do it for her, and dropped his hand to her feet, and began to raise it, she gave him a slight push and threw herself close to the wall.
" He laid his hand on her knee, and whispered so low that witness could not hear. Next morning witness went in while Foster and others were at breakfast, and related what he had seen. Foster denied it. President Smith told him not to deny it, for he saw it himself and was ashamed of it. Foster confessed it was true, and promised to reform.
" Peter Hawes sworn .:- Said that he had come to Nauvoo before the Laws and brought considerable property; it was a short time after the Church had been driven out of Missouri, and had arrived in this place. The families having been robbed of all in Missouri were in a starving condition. By the counsel of the Presidency, witness converted his funds to feeding the poor, bringing in meat and flour, etc., and while thus engaged drew upon the Laws, who
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