ATTEMPT TO CAPTURE JOSEPH—REWARD OFFERED—TRICKS TO ENTRAP THE PROPHET—HE SUBMITS TO ARREST—VISITS GOVERNOR FORD—HIS EXAMINATION AND RELEASE—A TRAITOR'S THREAT.

The interposition of Providence saved Joseph from the hands of his enemies on the 3rd day of September, 1842.

A considerable party of mobocrats, joined with some officers of the law, left Quincy on the 2nd of the month, intending to reach Nauvoo in the night, surround the Prophet's house and seize him in his bed. Although their road lay plainly before them, and to lose it would seem impossible, yet they wandered from the track and were many hours late in reaching their destination. About noon on the 3rd, Deputy Sheriff Pitman with two other men came stealthily upon Joseph's residence and entered it while he was at dinner with his family. Before they reached the room where the Prophet was they met John Boynton and demanded that he should reveal Joseph's hiding place. While Boynton was making some evasive answer, the Prophet walked out through a rear door of the mansion, and entering a patch of tall corn in the garden, passed serenely through to the residence of Newel K. Whitney.

In the meantime the officers proceeded to search the house. Emma demanded a sight of the warrant under which they were proceeding. Pitman said he had none authorizing him to search, but insisted upon going through the house. After Emma felt sure that Joseph had escaped, she permitted them to hunt through the building.

Again that night two parties made another search of the residence but failed to discover him whom they wished to make their prey.

About nine o'clock in the evening the Prophet went to the house of Edward Hunter, where he received a joyous welcome and where it was believed that he could be kept safe from the hands of his enemies. News was brought that the Missourians were again moving in force to obtain his person, and two requisitions were issued, one upon the governor of Illinois and the other upon the governor of Iowa.

From his retirement, the Prophet sent out comforting epistles to the Saints. In one letter, written from the residence of Elder Hunter under date of September 6, 1842, the Prophet said:

* * * * * It is sufficient to know, in this case, that the earth will be smitten with a curse, unless there is a welding link of some kind or other between the fathers and the children, upon some subject or other: and behold, what is the subject? It is baptism for the dead. For we without them cannot be made perfect; neither can they without us be made perfect. Neither can they or we be made perfect without those who have died in the gospel also; for it is necessary in the ushering in of the dispensation of the fulness of times, which dispensation is now beginning to usher in, that a whole, and complete and perfect union, and welding together of dispensations, and keys, and powers, and glories should take place, and be revealed, from the days of Adam even to the present time; and not only this, but those things which have never been revealed from the foundation of the world, but have been kept hid from the wise and prudent, shall be revealed unto babes and sucklings in this the dispensation of the fullness of times.

Now, what do we hear in the gospel which we have received? A voice of gladness! A voice of mercy from heaven, and a voice of truth out of the earth; glad tidings for the dead; a voice of gladness for the living and the dead; glad tidings of great joy. How beautiful upon the mountains are the feet of those that bring glad tidings of good things, and that say unto Zion, Behold! thy God reigneth. As the dews of Carmel, so shall the knowledge of God descend upon them! * * * *

Brethren, shall we not go on in so great a cause? Go forward, and not backward. Courage, brethren, and on, on, to victory! Let your hearts rejoice, and be exceeding glad. Let the earth break forth into singing. Let the dead speak forth anthems of eternal praise to the King Immanuel, who hath ordained before the world was, that which would enable us to redeem them out of their prisons; for the prisoners shall go free.

Let the mountains shout for joy, and all ye valleys cry aloud; and all ye seas and dry lands tell the wonders of your eternal King. And ye rivers and brooks and rills flow down with gladness. Let the woods and all the trees of the field praise the Lord; and ye solid rocks weep for joy. And let the sun, moon and the morning stars sing together, and let all the sons of God shout for joy. And let the eternal creations declare His name for ever and ever. And again I say, how glorious is the voice we hear from heaven, proclaiming in our ears, glory, and salvation and honor, and immortality and eternal life, kingdoms, principalities and powers!

Behold the great day of the Lord is at hand; and who can abide the day of His coming, and who can stand when He appeareth?

The brethren constantly visited him in his retirement, and he gave them instructions and counsels to suit every need.

On the 10th day of September the Prophet returned to his home, believing that he would be as safe there as anywhere else, since his enemies would no longer expect him to take such a risk.

About the 1st of October Governor Carlin issued a proclamation offering a reward of two hundred dollars each for the persons of Joseph Smith and Orrin P. Rockwell. At the same time Governor Reynolds of Missouri promised an additional price for the same purpose. On the day when this news was brought to the Prophet his wife Emma was dangerously sick. She continued to grow worse until the 5th, when fear of her death was entertained. The Prophet had her baptized twice in the river; and she began to mend and on the day following, hope was restored to the family.

Sidney Rigdon and Elias Higbee reported at Nauvoo that the Missourians were gathering to unite with the militia of Illinois to secure the Prophet's person. They had learned that Carlin had intentionally issued an illegal writ, expecting thereby to draw Joseph to Carthage where he would be discharged under habeas corpus proceedings and fall at once into the hands of his waiting enemies, who were to be there in numbers to seize and carry him away to Missouri without further ceremony. Sidney Rigdon was told by Stephen A. Douglas that the governor's proclamation, offering a reward to any man or set of men to secure Joseph's person, would give as much authority as a legal warrant could to an officer.

It seemed likely that a general search would be instituted in Nauvoo, and Joseph concluded to leave his home once more and go into more remote retirement. On the night of Friday, the 7th of October, 1842, he started away from Nauvoo, in company with Elders John Taylor, Wilson Law and John D. Parker, traveling through that night and a part of the next day when, greatly wearied, they arrived at Father Taylor's house. Elder John Taylor was very dangerously ill at this time, being prostrated with fever. The message from the Prophet that he desired Elder Taylor to accompany him as a guide to Father Taylor's came to him when he was in bed and too weak to be capable of much exertion. It was a task utterly beyond his strength, and to human appearance it might cost him his life if he attempted it. But Joseph had sent him word that the Lord would strengthen him and heal him, and he would be able to perform the journey. Elder Taylor believed him and prepared to start. He was so weak that he had to be lifted on his horse. The night was dark and he was not very familiar with the road, and they lost their way; but the promise of the servant of the Lord to Elder Taylor was fulfilled. He endured the fatigue of the journey excellently and they reached his father's house safely.

The Prophet remained away until Thursday, the 20th of October, when he returned to his family and the brethren who needed his presence and advice.

In this same month a written opinion was received from Justin Butterfield, United States attorney for the district of Illinois, in which he proved the illegality of the requisition made by the governor of Missouri upon the governor of Illinois for the surrender of the Prophet. In the same document he showed in a very lucid manner what were the rights and privileges of the people of Nauvoo, pertaining to writs of habeas corpus issued from their municipal court, and the full power and authority of the city council. This opinion removes at once and forever all shadow of suspicion that the Prophet was acting in a disrespectful manner toward the laws of his country.

After one day at Nauvoo, Joseph returned to Father Taylor's; but in a week he was called home to find Emma worse. With his presence her health was soon renewed.

On Sunday, the 30th of October, the Saints met in worship upon a temporary floor in the temple. The Prophet was expected to address them, but on that day he was so ill as to be unable to be present. Two days later, while driving out with his three children and William Clayton, the carriage was upset on the hillside. Joseph was thrown some distance, but all of the little ones were pinioned under the shattered vehicle. As soon as he could rise he rushed to rescue his boys and found them unhurt. The escape was marvelous, and he thanked his Maker therefor.

The multiplicity of other business upon his hands made it impossible for Joseph to continue as editor of the Times and Seasons. On the 15th day of November, 1842, he appointed Apostle John Taylor to that position.

Carlin's term as governor closed in 1842, and on the 8th day of December of that year Thomas Ford, his successor, delivered an inaugural address to the Senate and House of Representatives of the state in which he declared that the charters granted to the people of Nauvoo were objectionable to other citizens of the state, and that these charters should be modified and restricted.

On the next day, the 9th, Hyrum Smith started for Springfield, with a number of other brethren, to present testimony to the governor that Joseph was in Illinois at the time Boggs was shot, and consequently could not have been a fugitive from the justice of Missouri. It was hoped by this means, to procure a recall by Governor Ford of the writs and proclamations issued by Carlin. On the day of the departure of these brethren the Prophet began personally to haul and cut wood for the poor of Nauvoo; and this labor of love and charity was continued vigorously and cheerfully as opportunity permitted. About this same time he began to read German in company with Apostle Orson Hyde.

The friends of the Prophet called upon Governor Ford at Springfield on Wednesday, the 14th day of December, 1842, accompanied by Mr. Butterfield, United States district attorney. Butterfield read to the governor several papers in the case—including the affidavit of Boggs, the writs and proclamation of Carlin, the petition of the Prophet, and also his own written opinion upon the question at issue. In reply, the governor stated that he believed the writ issued by Carlin was illegal, but he hesitated to interfere with the act of his predecessor. Ford on the 17th of December, directed the following letter to Joseph:

Your petition requesting me to rescind Governor Carlin's proclamation and recall the writ issued against you has been received and duly considered. I submitted your case and all the papers relating thereto to the judges of the Supreme Court, or at least to six of them who happened to be present. They were unanimous in the opinion that the requisition from Missouri was illegal and insufficient to cause your arrest, but were equally divided as to the propriety and justice of my interference with the acts of Governor Carlin. It being, therefore, a case of great doubt as to my power, and I not wishing even in an official station, to assume the exercise of doubtful powers, and inasmuch as you have a sure and effectual remedy in the courts, I have decided to decline interfering. I can only advise that you submit to the laws and have a judicial investigation of your rights. If it should become necessary, for this purpose, to repair to Springfield, I do not believe that there will be any disposition to use illegal violence towards you, and I would feel it my duty in your case, as in the case of any other person, to protect you with any necessary amount of force from mob violence whilst asserting your rights before the courts, going to and returning.

This advice was repeated in communications of the same date from Justin Butterfield and General Adams to the Prophet; as these gentlemen thought that he would be certain of discharge and protection.

Joseph, after a few days of deliberation and prayer, concluded to pursue the course suggested. He allowed himself to be arrested under the governor's proclamation, on the 26th day of December by General Wilson Law. In custody of Law, and accompanied by Hyrum Smith, Willard Richards, John Taylor and others, the Prophet departed for Springfield on Tuesday, the 27th day of December.

Joseph and his party arrived at Springfield on the afternoon of Friday, December 30th; and the next morning under direction of his attorney, Butterfield, he signed a petition to Judge Pope for a writ of habeas corpus. Upon the brief and vigorous showing made by the lawyer the writ was granted at once; and, the Prophet being there, it was served and returned to the court in one minute. Bail was granted and General James Adams and General Wilson Law signed the bonds for the Prophet, in the sum of $2,000 each, Monday the 2nd day of January being set for the trial. While these preliminaries were being arranged, a vast crowd was gathering in the court room curious to see the famous Prophet. As Joseph and his friends were passing through the building, one of the multitude observed:

There goes Smith the Prophet, and a good-looking man he is.

Another said:

Every one that takes his part is as damned a rascal as he is.

A riot would have ensued and a mob would have been raised to do violence upon the Prophet and his friends, but for the vigorous exertion of Marshal Prentice.

After the crowd was dispersed so that the Prophet could get clear of the building, he walked for some distance between living walls of staring people. In company with his attorney, Mr. Butterfield, and Elder Willard Richards he went to the American House to see Governor Ford who was sick. In the course of their conversation Ford remarked: "I am not religiously minded."

Joseph responded: "I have no narrow creed to circumscribe my mind; therefore the sectarians do not like me."

When the visit closed the governor said: "Well, from reports, I had reason to think that the Mormons were a peculiar people, different from other people, having horns or something of the kind; but I found that they looked like other people; indeed, I think Mr. Smith a very good-looking man."

The interest and curiosity concerning the Prophet grew more intense throughout the day, after the news of his presence became generally circulated. In the afternoon a team ran away, dashing past the state house. Someone raised the cry:

Joseph Smith, the Mormon Prophet, is running away!

So great was the excitement occasioned by this announcement that the House of Representatives adjourned on the instant, to give the members an opportunity to get into the street and participate in the supposed sensation.

The next morning was Sunday, the 1st day of January, 1843; when the speaker of the house visited the Prophet and tendered the hall of representatives for religious service. Joseph appointed Apostles Orson Hyde and John Taylor to preach to the people; and a large congregation gathered to hear the sermons and feast their eyes upon Joseph Smith.

On Monday, before going to court, Joseph prophesied in the presence of Judge Adams that, in the name of the Lord, he would not go to Missouri dead or alive.

A postponement was had of the case at the request of the attorney general of the state until the morning of Wednesday, January 4th. During the intervening two days the Prophet made many friends. He was invited to the houses of the most distinguished people, and received as much deferential attention as would have been accorded by faithful Catholics to a prince of the church of Rome.

At nine o'clock on the morning of the day set for the trial Judge Pope appeared upon the bench with ten ladies by his side, who had been attracted by the novelty of the case and the fame of the petitioner. This Judge Pope was the father of Major-General Pope who, in the War of the Rebellion, became so distinguished for his gallant services. An effort was made by Josiah Lamborn, attorney general of the state of Illinois, to have the proceedings dismissed, and the prisoner remanded to the custody of the Missouri officers on the ground that the court lacked jurisdiction. After the motion of Lamborn had been resolutely and eloquently resisted by Butterfield, the court decided that it had jurisdiction.

Mr. Butterfield then made a strong plea for the discharge of the defendant, and proceeded to recount the enormities of these attempts upon the Prophet's liberty. He said that Governor Reynolds had subscribed to a lie in making his demand for the Prophet, as appeared from the papers, and he averred that Governor Carlin would not have given up his dog on such a requisition. That an attempt should be made to deliver up a man who had not been out of the state during or since the commission of the offense, was a blow at the sacred liberty of the citizen and the strength of our institutions. After reminding the court that, if the Prophet's rights were wantonly trampled upon under color of law, the fate visited upon him might in turn fall upon others—even upon the judge—for the precedent would be followed; he concluded by saying:

I do not think that the defendant ought, under any circumstances, be given up to Missouri. It is a matter of history that he and his people have been murdered or driven from that state. If he goes there it is only to be assassinated, and he had better be sent to the gallows here. He is an innocent and unoffending man.

The opinion of Judge Pope in deciding the case was very lengthy and comprehensive. It announced the discharge of the Prophet, and completely annihilated the pretended grounds upon which the requisition was made from Missouri and the warrant and proclamation issued in Illinois. In conclusion his Honor said:

No case can arise demanding a more searching scrutiny into the evidence than in cases arising under this part of the constitution of the United States. It is proposed to deprive a freeman of his liberty; to deliver him into the custody of strangers; to be transported to a foreign state; to be arraigned for trial before a foreign tribunal, governed by laws unknown to him; separated from his friends, his family, and his witnesses, unknown and unknowing. Had he an immaculate character, it would not avail him with strangers. Such a spectacle is appalling enough to challenge the strictest analysis.

The framers of the constitution were not insensible of the importance of courts possessing the confidence of the parties. They therefore provided that citizens of different states might resort to the Federal Courts in civil causes. How much more important that the criminal have confidence in his judge and jury. Therefore, before the capias is issued, the officers should see that the case is made out to warrant it. Again, Boggs was shot on the 6th of May. The affidavit was made on the 25th of July following. Here was time for enquiry, which would confirm into certainty, or dissipate his suspicions. He had time to collect facts to be had before a grand jury, or be incorporated in his affidavit.

The court is bound to assume that this would have been the course of Mr. Boggs but that his suspicions were light and unsatisfactory. The affidavit is insufficient. First, because it is not positive; second, because it charges no crime; third, because it charges no crime committed in the state of Missouri. Therefore he did not flee from the justice of the state of Missouri, nor has he taken refuge in the state of Illinois.

The proceedings in this affair, from the affidavit to the arrest afford, a lesson to governors and judges whose action may hereafter be invoked in cases of this character. The affidavit simply says that the affiant was shot with intent to kill; and he believes that Smith was accessory before the fact to the intended murder, and is a citizen or resident of the state of Illinois. It is not said who shot him, or that the person was unknown. The governor of Missouri, in his demand, calls Smith a fugitive from justice, charged with being accessory before the fact to an assault, with intent to kill, made by one O. P. Rockwell, on Lilburn W. Boggs, in this state (Missouri). This governor expressly refers to the affidavit as his authority for that statement.

Boggs, in his affidavit, does not call Smith a fugitive from justice, nor does he state a fact from which the governor had a right to infer it. Neither does the name of O. P. Rockwell appear in the affidavit, nor does Boggs say Smith fled. Yet the governor says he has fled to the state of Illinois. But Boggs only says he is a citizen or resident of the state of Illinois. The governor of Illinois, responding to the demand of the Executive of Missouri for the arrest of Smith, issues his warrant for the arrest of Smith, reciting that "whereas Joseph Smith stands charged by the affidavit of Lilburn W. Boggs with being accessory before the fact to an assault, with intent to kill, made by one O. P. Rockwell, on Lilburn W. Boggs, on the night of the 6th day of May, 1842, at the county of Jackson, in said state of Missouri; and that the said Joseph Smith has fled from the justice of said state, and taken refuge in the state of Illinois."

Those facts do not appear by the affidavit of Boggs. On the contrary, it does not assert that Smith was accessory to O. P. Rockwell, nor that he had fled from the justice of the state of Missouri, and taken refuge in the state of Illinois.

The Court can alone regard the facts set forth in the affidavit of Boggs as having any legal existence. The mis-recitals and overstatements in the requisition and warrant are not supported by oath, and cannot be received as evidence to deprive a citizen of his liberty and transport him to a foreign state for trial. For these reasons Smith must be discharged.

Thereupon Governor Ford certified that there was no further cause for the arrest or detention of Joseph Smith by virtue of any proclamation or warrant issued by the Executive of Illinois; and that, since the judgment of the circuit court, all such proclamations and warrants were inoperative and void.

After the conclusion of these proceedings and the settlement of matters attendant, the Prophet returned to Nauvoo on the afternoon of the 10th of January. The Saints were delighted to welcome him safe home, and the Twelve Apostles issued an epistle to the Saints, appointing Tuesday, the 17th day of January, 1843, as a day of humiliation, fasting, praise, prayer and thanksgiving before the great God for His mercies, and supplicating for a continued outpouring of His Holy Spirit upon the Prophet and Saints.

The promised joy of this festival was marred by the threats of a traitor. On the 15th of January Sidney Rigdon received the following letter from John C. Bennett:

Springfield, Illinois, January 10, 1843

Mr. Sidney Rigdon and Orson Pratt:

DEAR FRIENDS:—It is a long time since I have written to you, and I should now much desire to see you, but I leave tonight for Missouri, to meet the messenger charged with the arrest of Joseph Smith, Hyrum Smith, Lyman Wight and others, for murder, burglary, treason, etc., etc., who will be demanded in a few days, on new indictments, found by the grand jury of a called court on the original evidence, and in relation to which a nolle prosequi was entered by the district attorney.

New proceedings have been gotten up on the old charges, and no habeas corpus can save them. We shall try Smith on the Boggs case, when we get him into Missouri. The war goes bravely on; and, although Smith thinks he is now safe, the enemy is near, even at the door. He has awakened the wrong passenger. The Governor will relinquish Joseph at once on the new requisition. There is but one opinion on the case, and that is, nothing can save Joseph on a new requisition and demand predicated on the old charges on the institution of new writs. He must go to Missouri; but he shall not be harmed, if he is not guilty; but he is a murderer, and must suffer the penalty of the law. Enough on this subject.

I hope that both your kind and amiable families are well, and you will please to give them all my best respects. I hope to see you all soon. When the officer arrives, I shall be near at hand. I shall see you all again. Please to write me at Independence immediately.

Yours respectfully,

JOHN C. BENNETT.

Sidney perused the cowardly missive, and instead of warning the Prophet, he gave the communication to Orson Pratt, but the latter at once presented it to the Prophet, that he might know of the further plot against his life. Orson Pratt wanted no correspondence with Bennett, the traitor, and had no fellowship with his works of darkness.

On Wednesday, the 18th day of January, 1843, Joseph and Emma entertained a large company of brethren and sisters at their house to celebrate the fifteenth anniversary of their wedding.