USA > Illinois > Hancock County > History of Hancock County, Illinois, together with an outline history of the State, and a digest of State laws > Part 28
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HISTORY OF HANCOCK COUNTY.
were at that time engaged in merchandise, to the amount of some six hundred dollars, which, on account of expenditure for the poor, he was not able to pay, to within some 70 or 80 dollars, which they pressed him for as soon as they wanted it, although he offered them good property at considerable less than the market value. As witness was obliged to leave the city on Church business for a little season, Wm. Law threatened and intimidated witness' family during his absence for the pay.
" Dr. Foster made a public dinner on the 4th of July. Witness was obliged to be absent, and deposited meat, flour, etc., with Wm. Law, to give to the poor at that dinner, and Law handed it out as his own private property. Witness carried a load of wheat to Law's mill to be ground. Law would not grind it only to give a certain quantity of flour in return by weight. Law used up the flour, promising from time to time he would refund it. £ As wit- ness was abont to start on a mission to the South, with valise in hand. saw Law before his door, talking with Hyrum Smith; called on Law and told him he was going away, and his family wanted the flour: Law promised on the honor of a gentleman and a saint, his family should have the flour when they wanted.
" Councilor H. Smith said he recollected the time and circum- stance.
" Hawes said when he returned, found his family must have starved if they had not borrowed money to get food somewhere else-could not get it of Law. And Law was preaching punc- tuality, PUNCTUALITY, PUNCTUALITY, as the whole drift of his discourses to the saints; and abusing them himself all the time, and grinding the poor.
" Mayor said if he had a City Council who felt as he did, the establishment (referring to the Nauvoo Expositor) would be a nuisance before night; and he then read an editorial from the Nauvoo Expositor. He then asked, ' Who ever said a word against Judge Emmons until he has attacked this Council, or even against Joseph H. Jackson or the Laws, until they came out against the city? Here is a paper (Nauvoo Expositor) that is exciting our enemies abroad. Joseph H. Jackson has been proved a murderer before this Council.' "He declared the paper a nui- sance, a greater nuisance than a dead carcass. They make a crimi- nality for a man to have a wife on the earth, while he has one in heaven, according to the keys of the holy Priesthood; and he then read a statement of William Law's from the Expositor, where the truth of God was transformed into a lie concerning this thing. He then read several statements of Austin Cowles in the Expositor concerning a private interview, and said he never had any private conversation with Austin Cowles on these subjects; that he preached on the stand from the Bible, showing the order in ancient days, having nothing to do with the present times. What the opposition party want, is to raise a mob on us and take the spoil from us, as they did in Missouri. He said it was as much as he
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could do to keep his clerk, Thompson, from publishing the proceed- ings of the Laws, and causing the people to rise up against them, Said he would rather die to-morrow and have the thing smashed. than live and have it go on, for it was exciting the spirit of moboe- racy among the people and bringing death and destruction upon us.
"Peter Hawes recalled a circumstance, which he had forgotten to mention, concerning a Mr. Smith who came from England and soon after died. The children had no one to protect them; there was one girl 16 or 17 years old and a younger sister. Witness took these girls into his family out of pity. Wilson Law, then Major-General of the Nauvoo Legion, was familiar with the eldest daughter. Witness cautioned the girl. Wilson was soon there again and went out in the evening with the girl, who, when charged by witness's wife, confessed that Wilson Law had sedneed her. Wilson told her he conld not keep her. The girl wept, made much ado, and many promises. Witness told her if she would do right she might stay; but she did not keep her promise. Wilson came again and she went out with him. Witness required her to leave his house.
" Mayor said certain women came to complain to his wife, that they had caught Wilson Law with the girl on the floor at Mr: Hawes' in the night.
" Councilor C. H. Smith proceeded to show the falsehood of Austin Cowles in the Expositor, in relation to the revelation referred to, that it was in reference to former days, and not the present time, as related by Cowles.
" Mayor said he had never preached the revelation in private, as he had in public; had not taught it to the anointed in the Church in private, which statement many present confirmed, that on inquiring concerning the passage in the resurrection concerning ' they neither marry nor are given in marriage,' etc., he received for answer, 'Men in this life must marry in view of eternity, otherwise they must remain as angels, or be single in heaven, which was the amount of the revelation referred to; ' and the Mayor spoke at considerable length in explanation of this principle and was willing for one to subscribe his name, to declare the Expositor and whole establishment a nuisance.
2 o'clock P. M.
" The Clerk of the Council bore testimony to the good character and high standing of Mr. Smith and his family, whose danghter was seduced by Wilson Law, as stated by the last witness before the morning Council; that Mrs. Smith died near the mouth of the Mississippi, and the father and eldest daughter died soon after their arrival in this place; and that the seduction of such a youth- fnl, fatherless and innocent creature by such a man in high stand- ing as the Major-General of the Nauvoo Legion was one of the darkest, damndest and foulest deeds on record.
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HISTORY OF HANCOCK COUNTY.
" Councilor Hyrum Smith concurred in the remarks made by the clerk concerning the excellent character of Mr. Smith and his family.
" Mayor said the Constitution did not authorize the press to publish libels, and proposed that the Council make some provision for putting down the Nauvoo Expositor.
" Councilor Hyrum Smith called for a prospectus of the Expos- itor.
" Councilor Phelps read article 8, section 1, Constitution of Illinois.
" Mayor called for the Charter.
" The Clerk read the prospectus of the Nauvoo Expositor.
"Mayor read the statements of Francis M. Higbee from the Expositor aud asked, 'Is it not treasonable against all chartered rights and privileges, and against the peace and happiness of the city ?'
"Councilor H. Smith was in favor of declaring the Expositor a nuisance.
"Councilor Taylor said no city on earth would bear such slan and he would not bear it, and was decidedly in favor of active measures.
"Mayor made a statement of what Wm. Law said before the City Council under oath, that he was a friend to the Mayor, etc., etc., and asked if there were any present who recollected his statement, when scores responded, Yes!
"Councilor Hunter was one of the grand jury; said Wm. Law stated before the grand jury that he did not say to the Council that he was Joseph's friend.
" Councilor Taylor continued: ' Wilson Law was President of this Council during the passage of many ordinances, and referred to the Records. Wm. Law and Emmons were members of the Council; and Emmons has never objected to any ordinance while in the Council; but has been more like a cipher, and is now become editor of a libelous paper, and is trying to destroy our charter and ordinances.'
" He then read from the Constitution of the United States on the freedom of the press, and said, ' We are willing they should pub- lish the truth; but it is unlawful to publish libels; the Expositor is a nuisance and stinks in the nose of every honest man.'
"Mayor read from Illinois Constitution, article S, section 2, touching the responsibility of the press for its Constitutional liberty.
" Councilor Stiles said a nuisance was any thing that disturbs the peace of a community, and read Blackstone on Private Wrongs, vol. ii, page 4; and the whole community has to rest under the stigma of these falsehoods, referring to the Expositor; and if we can prevent the issuing of any more slanderous communications, he would go in for it. It is right for this community to show a
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proper resentment, and he would go in for suppressing all further communications of the kind.
"Councilor H. Smith believed the best way was to smash the press and . pi ' the type.
"Councilor Johnson concurred with the Councilor who had spoken.
"Alderman Bennett referred to the statement of the Expositor concerning the Municipal Court in the case of Jeremiah Smith as a libel, and considered the paper a publie nuisance.
" Councilor Warrington considered his a peculiar situation, as he did not belong to any Church or any party; thought it might be considered rather harsh for the Council to declare the paper a nuisance, and proposed giving a few days' limitation and assessing a fine of $3,000 for every libel, and if they would not cease pub- lishing libels, to declare it a nuisance, and said the statutes made a provision for a fine of $500.
" Mayor replied that they threatened to shoot him when at Car- thage, and the women and others dare not go to Carthage to pros- ecute; and read a libel from the Expositor concerning the impris- onment of Jeremiah Smith.
"Councilor H. Smith spoke of the Warsaw Signal and disap- proved its libelons course.
" Mayor remarked he was sorry to have one dissenting voice in declaring the Expositor a nuisance.
" Councilor Warrington did not mean to be understood to go against the proposition; but would not be in haste in declaring it a nuisance.
"Councilor H. Smith referred to the mortgages and property of the proprietors of the Expositor and thought there would be little chance of collecting damages for libels.
" Alderman E. Smith considered there was but one course to pursue; that the proprietors were out of the reach of the law; that our course was to put an end to the thing at once; believed, by what he had heard, that if the city did not do it, others would.
" Councilor Hunter believed it to be a nuisance; referred to the opinion of Judge Pope on habeas corpus, and spoke in favor of the charter, etc .; asked Francis M. Higbee before the grand jury if he was not the man he saw at Joseph's house making professions of friendship; Higbee said he was not [hundreds know this state- ment to be false]; he also asked R. D. Foster if he did not state before hundreds of people that he believed Joseph to be a prophet; ' No,' said Foster. They were under oath when they said it. [Many hundreds of people are witness to this perjury.]
" Alderman Spencer accorded with the views expressed, that the Nauvoo Expositor is a nuisance; did not consider it wise to give them time to trumpet a thousand lies. Their property could not pay for it; if we pass only a fine or imprisonment, have we any con- fidence that they will desist? None at all! We have found these men covenant-breakers with God! with their wives! ! etc. Have
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we any hope of their doing better? Their characters have gone be- fore them; shall they be suffered to go on, and bring a mob upon ns and murder our women and children, and burn our beautiful city? No! I had rather my blood would be spilled at once, and would like to have the press removed as soon as the ordinance would allow, and wish the matter might be put into the hands of the Mayor, and everybody stand by him in the execution of his duties, and hush every murmur.
" Councilor Levi Richards said he had felt deeply on this sub- ject, and concurred fully in the view General Smith had 'expressed of it this day;' thought it unnecessary to repeat what the Council perfectly understood; considered private interest as nothing in com- parison with the public good. Every time a line was formed in the far West he was there, for what? To defend it against just such scoundrels and influence as the Nauvoo Expositor and its support- ers were directly calculated to bring against us again. Considered the doings of the Council this day of immense moment, not to this city alone, but to the whole world; would go in to put a stop to the thing at once; let it be thrown out of this city, and the responsi- bility of countenancing such a press be taken off our shoulders and fall on the State if corrupt enough to sustain it.
" Councilor Phineas Richards said that he had not forgotten the transactions at Haun's Mills, and that he recollected that his son, George Spencer, then lay in the well referred to, on the day pre- vious, without a winding-sheet, shroud, or coffin. He said he could not sit still when he saw the same spirit raging in this place; he considered the publication of the Expositor as much murderous at heart as David was before the death of Uriah. Was for making a short work of it; was prepared to take his stand by the Mayor, and whatever he proposes, would stand by him to the last. The quicker it is stopped the better.
"Councilor Phelps had investigated the Constitution, Charter, and laws; the power to declare that office a nuisance is granted to us, in the Springfield charter, and a resolution declaring it a nuisance is all that is required.
"John Birney sworn :- Said Francis M. Higbee and Wm. Law declared they had commenced their operations and would carry them out, law or no law.
"Stephen Markham sworn :- Said that Francis M. Higbee said the interest of this city is done the moment a hand is laid on their press.
" Councilor Phelps continned, and referred to Wilson Law in destroying the character of a child, an orphan child, who had the charge of another child.
"Warren Smith sworn :- Said F. M. Higbee came to him and proposed to have him go in as a partner in making bogus money. Higbee said he would not work for a living; that witness might go in with him if he would advance fifty dollars, and showed him (witness) a half dollar he said was made in his dies.
L& Co. Maynard LA HARPE TP.
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"Couneilor Phelps continued, and said he felt deeper this day than ever he felt before, and wanted to know, by ' Yes,' if there were any present who wanted to avenge the blood of that innocent female who had been seduced by the then Major-General of the Nauvoo Legion, Wilson Law, when ' Yes ' resounded from every quarter of the house. He then referred to the tea plot at Boston, and asked if anybody's rights were taken away with that trans- action, and 'Are we offering, or have we offered to take away the rights of any one these two days?' (No !!! resounded from every quarter.) HIe then referred also to Law's grinding the poor during the scarcity of grain, while the poor had nothing but themselves to grind; and spoke at great length in support of active measures to put down iniquity and suppress the spirit of moboeracy.
" Alderman Harris spoke from the chair, and expressed his feelings that the press ought to be demolished.
" The following resolution was then read and passed unanimously, with the exception of Councilor Warrington :
Resolved, By the City Council of the City of Nauvoo, that the printing office from whence issues the Nauvoo Expositor is a public nuisance, and also all of said Nauvoo Expositors which may be or exist in said establishment; and the Mayor is instructed to cause said printing establishment and papers to be removed without delay, in such manner as he shall direct.
Passed June 10th, 1844.
W. RICHARDS, Recorder.
GEO. W. HARRIS, Prest. pro tem.
6 o'clock, p. m., Council adjourned.
This certifies that the foregoing is a true and correct synopsis of the proceedings of the City Council of the City of Nauvoo, on the 8th and 10th days of June, 1844, in relation to the Nauvoo Erpositor and proprietors, as taken from the minutes of · said Council.
[L. s.]
In testimony whereof I have hereunto set my hand, and the corporation seal, at Nauvoo, this 17th day of June, 1844.
WILLARD RICHARDS,
Recorder and Clerk of the City Council.
The following order was immediately issued by the Mayor:
STATE OF ILLINOIS, ¿
CITY OF NAUVOO.
To the Marshal of said City, Greeting:
You are hereby commanded to destroy the printing press from whence issues the Nauvoo Expositor, and pi the type of said printing establishment in the street, and burn all the Expositors and libelous hand-bills found in said establishment; and if resistance be offered to your execution of this order, by the owners or others, demolish the house, and if any one threatens you, or the Mayor, or the officers of the City, arrest those who threaten you and fail not to execute this order without delay and make due return hercon.
By order of the City Council.
JOSEPH SMITHI, Mayor.
Marshal's return-The within named press and type is destroyed and pied according to order, on this 10th day of June, 1844, at about 8 o'clock, p. m.
J. P. GREEN, C. M.
HEADQUARTERS NAUVOO LEGION, June 10, 1844.
To Jonathan Dunham, acting Major-General of the Nauvoo Legion:
You are hereby commanded to hold the 'Nauvoo Legion in readiness, forthwith to execute the City ordinances, and especially to remove the printing establishment
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HISTORY OF HANCOCK COUNTY.
of the Nauvoo Expositor; and this you are required to do at sight, under the penalty of the laws; provided the Marshal shall require it, and need your services.
JOSEPH SMITH, Lieut .- General Nauvoo Legion.
PROCLAMATION.
MAYOR'S OFFICE, NAUVOO, June 16, 1844.
" As there are a number of statements in circulation which have for their object the injury of the 'Latter-Day Saints,' all of which are false, and prompted by black-hearted villians, I therefore deem it my duty to disabuse the public mind in regard to them, and to give a plain statement of facts which have taken place in the city within a few days past, and which has brought upon us the displeasure of the unprincipled and the uninformed, and seems to afford an opportunity to our enemies to unite and arouse themselves to mob; and already they have commenced their hellish operations by driving a few defenseless Mormons from their houses and homes in the vicinity of Warsaw and Carthage.
" A short time since a press was started in this city which had for its object the destruction of the institutions of the city, both civil and religious; its proprietors are a set of unprincipled scoun- drels, who attempted in every conceivable way to defame the char- acter of the most virtuous of our community, and change cur peaceful and prosperous city into a place as evil and polluted as their own black hearts. To rid the city of a paper so filthy and pesti- lential as this, becomes the duty of every good citizen who loves good order and morality; a complaint was made before the City Council, and after a full and impartial investigation it was voted, without one dissenting voice, a public NUISANCE, and to be imme- diately destroyed; the peace and happiness of the place demanded it, the virtue of our wives and daughters demanded, and our con- sciences demanded it at our hands as conservators of the public peace. That we acted right in this matter we have the assurance of one of the ablest expounders of the laws of England, viz .: Black- stone, the Constitution of the State of Illinois, and our own chartered rights. If then our charter gives us the power to decide what shall be a nuisance and cause it to be removed, where is the offense? What law is violated? If then no law has been violated, why this ridiculous excitement and bandying with lawless ruffians to destroy the happiness of a people whose religious motto is ' peace and good will toward all men ?'
" Our city is infested with a set of blacklegs, counterfeiters and debauchees, and that the proprietors of this press were of that class, the minutes of the Municipal Court fully testify, and in ridding our young and flourishing city of such characters, we are abused by not only villainous demagogues, but by some who, from their station and influence in society, ought rather to raise than depress the standard of human excellence. We have no disturbance or excitement among us, save what is made by the thousand and one idle rumors afloat in the country. Every one is protected in his
·
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HISTORY OF HANCOCK COUNTY.
person and property, and but few cities of a population of twenty thousand people, in the United States, hath less of dissipation or vice of any kind, than the city of Nauvoo.
"Of the correctness of our conduct in this affair, we appeal to every high Court in the State, and to its ordeal we are willing to appear at any time that His Excellency, Governor Ford, shall please to call ns before it. I therefore, in behalf of the Municipal Court of Nauvoo, warn the lawless not to be precipitate in any interfer- ence in our affairs, for as sure as there is a God in Israel we shall ride triumphant over all oppression.
"JOSEPH SMITH, Mayor."
It was stated at the time, that the brothers, Joseph and Hyrum; were occasionally, during the two days' discussion in the Council, highly excited, and indulged in violent language. The former is reported to have vehemently exclaimed: "If you will not stick by me, and wade to your knees in blood, for my sake, you may go to.h-l and be d-d, and I will go and build another city!" Hyrum is reported to have used this ironical language: "We had better send a message to Long-nosed Sharp that if he does not look out, he might be visited with a pinch of snuff that will make him sneeze!" And continned: " If any person will go to Warsaw boldly, in daylight, and break the press of the Signal office with a sledge hammer, I will bear him out in it, if it costs me a farm. He could only be taken with a warrant at any rate, and what good would that do?"
Of course such language would not do to be reported in the organ. It is proper, however, to state that Hyrum and his friends . made emphatic denial of having uttered threats against the Signal or its editor.
The foregoing report in the extra is to be taken as conclusive of the reasons for the destruction of the press. When analyzed they resolve themselves into this: Emmons was poor when he came to the city, with only two shirts to his back; the Laws oppressed the poor, by adhering to their rules in grinding, and they had dunned the prophet for money due; Dr. Foster had been too intimate with a sister in Ohio, and besides had written the Mayor a saucy letter; Wilson Law had seduced another sister; they had all misrepre- sented the spiritual-wife doctrine; and all this amounted to treason and rebellion against the independent sovereignty and kingdom of Nauvoo; and, therefore, their printing press was a nuisance, and must be destroyed. Even in this the Mayor transcended the authority given him by the Council. The resolution instructed him to abate the nuisance by removal; he issued his order to the City Marshal to destroy the press and pi the types in the street, and, if necessary, demolish the house, and arrest all who oppose.
THE ATOKEMENT.
The city was now at fever heat. The seceders all left, and repairing to the county seat, procured writs for all engaged in the
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destruction of the press, on the charge of riot. These writs were placed in the hands of an officer, who, with a posse, went to the city and arrested a number of persons charged. The habeas corpus was again applied, and they were "honorably discharged !"
Meanwhile the whole county was in commotion. Public meet- ings were held at various points, and the people called to arm for the approaching crisis. The following resolutions were adopted at Warsaw and afterward at Carthage, by acclamation :
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 misereant adherents should then be demanded 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.
It is proper here to state that there were at this time and even afterward while the Mormons remained, FOUR classes of citizens in the county: 1. The Mormons themselves; 2. A class called Jack- Mormons, who, not members of the church, adhered to and sus- tained them for mercenary or political gain; 3. Old citizens who were Anti-Mormons at heart, but who refused to countenance any but lawful measures for redress of grievances; and 4. Anti-Mor- mons who, now that the crisis had come, advocated " war and exter- mination." Some of the third class were denounced as Jacks, by the extremists; though the great body of them acted throughout with the fourth class, in all but their extreme measures.
All over the county men were arming, organizing and drilling, having been notified by the officers that the posse comitatus would be called out to assist in making the arrests. A great want existed in the absence of arms and ammunition. Agents were sent to Quincy, to St. Louis and other places. At St. Louis a cannon and a lot of ammunition were procured and brought to Warsaw. The authorities of the town voted $1.000 for supplies. A deputa- tion having been sent to Gov. Ford, at Springfield, he decided to visit the county in person, and judge for himself.
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