Perfidy of John C. Bennett

Doctor John C. Bennett came to Nauvoo in August, 1841, and joined the Church. Through his zealous activity in assisting to procure the Nauvoo Charter, he was honored by the citizens in the first election, by being chosen mayor of Nauvoo. He also rose to prominence in the councils of the Church, and appeared to be a firm believer in the Gospel, and a staunch friend to President Joseph Smith. Not many months later, however, through immoral conduct, he lost the spirit of the Gospel, and likewise his love for President Joseph Smith. His case is an illustration of the truth, that the Spirit of the Lord will not dwell in an unholy tabernacle. When men transgress the Holy Spirit withdraws, and the light in them turns to darkness. The first intimation that all was not well with Dr. Bennett was made manifest to the Prophet May 7, 1842, after a drill and sham battle by the Nauvoo Legion. This event had been under preparation since the previous January, and it was the intention of all to make it a grand success. In the forenoon of that day there was a parade of the legion, some twenty-six companies, comprising about two thousand troops. Judge Stephen A. Douglas, who was holding court at Carthage, adjourned, and with some leading attorneys, went to Nauvoo to witness the military maneuvers of the legion. While there he was the guest of President Joseph Smith. The day passed harmoniously without confusion. A large company of spectators and distinguished strangers had assembled to witness the sham battle.

Dr. Bennett who was major general of the legion requested President Smith as lieutenant general to take command of the first cohort during the sham battle. But this the Prophet declined to do. Bennett next requested him to take his station in the rear of the cavalry without his staff, while the engagement was going on; but Captain Albert P. Rockwood of the Prophet’s body guard would not consent, and kept close by his leader’s side, who chose his own position. The Spirit of the Lord whispered to Joseph Smith that all was not well, and after the day’s celebration was over he said, “If General Bennett’s true feelings toward me are not made manifest to the world in a very short time, then it may be possible that the gentle breathings of that Spirit which whispered to me on parade, that there was mischief concealed in that sham battle, were false; a short time will determine the point. Let John C. Bennett answer at the day of judgment: Why did you request me to command one of the cohorts, and also to take my position without my staff, during the sham battle, on the 7th of May, 1842, where my life might have been the forfeit, and no man have known who did the deed?”

Bennett’s Resignation

Ten days later, Dr. Bennett resigned his office as mayor of Nauvoo having been accused of immorality. The same day he went before Alderman Daniel H. Wells, who was not a member of the Church, and made affidavit to the effect that he had never been taught anything in the least contrary to the principles of the Gospel, and the strictest morality in both word and deed, by Joseph Smith. On the 19th, the city council met and elected Joseph Smith to fill Bennett’s unexpired term as mayor of Nauvoo. Before the council on this occasion, Bennett was accused with having said Joseph Smith taught him to practice immorality. He replied, that “those who made such a statement were infernal liars,” for Joseph Smith had always taught him to be virtuous. He then pled to be forgiven of his wrong doing, and said he hoped yet to prove by repentance his worthiness to fellowship in the Church. For the sake of his mother, he prayed that his evil practices might not be exposed. In this apparently repentant spirit he appeared before nearly one hundred brethren and cried like a child, stating, “that he was worthy of the severest chastisement.” The brethren thought him sincere and the Prophet in mercy pled in his behalf. In a very short time, it was discovered that not only had Bennett been guilty of immoral practices, but he had taught others to be like himself, placing the responsibility for such teachings on the shoulders of the Prophet. The result was that others had to be handled for their fellowship. For this cause, and a defiant spirit, Chauncey L. Higbee, was excommunicated. Others, on confession of their wrong doing, and repentance, were forgiven.

J.C. Bennett Leaves Nauvoo

Notwithstanding the mercy extended to Bennett by the brethren some time during the month of June, he left Nauvoo, breathing out threatenings against the Prophet and the Church. He made the statement “that he had withdrawn from the fellowship of the Saints because they were not worthy of his society.” He then entered into correspondence with the enemies of Joseph Smith in Missouri, endeavoring to stir them up to continue their persecutions against him. This made it necessary that a public statement be made in regard to the immoral practices of Dr. Bennett. This document which was signed by the Prophet contained a supporting affidavit, bearing the signatures of the aldermen and councilors of the city of Nauvoo. Bennett later published a book, The History of the Saints, which represented to be an exposÉ of “Mormonism.” The work was so filled with corrupt expressions, such as would naturally come from so vile a source, that it only created a spirit of disgust in those who read it, and it proved to be a failure.

Shooting of Ex-Governor Boggs

On the 6th day of May, 1842, ex-Governor Lilburn W. Boggs was shot while sitting alone in a room of his residence in Independence. He was badly wounded and for several days his life was in the balance, but he soon recovered.

President Smith Accused as an Accessory

July 20, 1842, Boggs went before Samuel Weston, justice of the peace in Independence, and made affidavit that Orrin Porter Rockwell, a resident of Illinois, had done the shooting. He applied to Governor Carlin in his affidavit, for the surrender of Rockwell “according to law.” Subsequently he made another affidavit in which he said he had “good reason to believe, from evidence and information now in his possession, that Joseph Smith, commonly called ‘the “Mormon” Prophet,’ was accessory before the fact of the intended murder, and that the said Joseph Smith is a citizen or resident of the state of Illinois.” He applied to Governor Thomas Reynolds of Missouri, for a demand on Governor Carlin of Illinois, to deliver up Joseph Smith, to be dealt with according to law. Governor Reynolds very willingly granted the request, and appointed Edward R. Ford agent to receive the Prophet. In the requisition, Governor Reynolds stated “Joseph Smith is a fugitive from justice, charged with being accessory before the fact, to an assault with the intent to kill, made by one O.P. Rockwell, on Lilburn W. Boggs, in this state (Missouri) and is represented to the executive department of this state as having fled to the state of Illinois.” He therefore demanded the surrender of the Prophet on these grounds. Boggs had not accused Joseph Smith of being a fugitive, or with fleeing from Missouri; this charge was added by Reynolds. No doubt his reason was that he knew Missouri could have no claim upon Joseph Smith without making it appear that he had committed the alleged crime within Missouri and fled from her borders.

The foundation for this accusation was perhaps based on the rumor circulated at the time, and printed in the Quincy Whig, that Joseph Smith had prophesied that Boggs would die a violent death. As soon as the Prophet heard of this rumor he took occasion to deny it publicly saying that he had made no such statement. Nevertheless, it gave occasion for an accusation, and it appears evident that Boggs and his fellow conspirators thought it an opportunity, and an excuse, to get the Prophet within their clutches, where they might kill him “according to law.”

Governor Carlin’s Action

Governor Carlin of Illinois, appeared to be a party to this conspiracy. He had, at least, become embittered against President Joseph Smith, and was very willing to accede to the demand from Missouri. He was thoroughly acquainted with the law and knew perfectly well that the Prophet was in Nauvoo on the 6th day of May, 1842, consequently was not subject to the requisition of Governor Reynolds of Missouri. He knew that President Smith was not a fugitive from justice; and, even if the false and malicious charge had been true, he knew the Prophet was entitled to a fair and legal trial in Illinois, not Missouri. Yet he would yield to this unlawful and unrighteous demand against his knowledge of these facts.

The Rocky Mountain Prophecy

On Saturday, August 6, 1842, President Joseph Smith passed over the river to Montrose, in company with General James Adams, Colonel Brewer, Hyrum Smith and a number of others, and witnessed the installation of the officers of the Rising Sun Lodge of Masons, by General Adams, deputy grand master of Illinois. While General Adams was giving instructions to the master-elect, Joseph Smith had a conversation with a number of the brethren who were resting in the shade of the building. His topic was the persecutions of the Saints in Missouri, and the constant annoyance which had followed them since coming to Illinois and Iowa. In the course of his conversation the Prophet uttered a prophecy which he recorded in his journal as follows:

“I prophesied that the Saints would continue to suffer much affliction and would be driven to the Rocky Mountains, many would apostatize, others would be put to death by our persecutors, or lose their lives in consequence of exposure or disease, and some of them would live to go and assist in making settlements and build cities and see the Saints become a mighty people in the midst of the Rocky Mountains.”

Arrest of President Smith

The governor of Illinois honored the demand of the Missourians, and on the 8th day of August, 1842, President Joseph Smith and Orrin P. Rockwell were both taken into custody by the deputy sheriff of Adams County, on a warrant issued by the governor. The prisoners demanded the right of habeas corpus, and the court of Nauvoo issued a writ demanding that the bodies of the two accused men be brought before that court. The deputy sheriff and his aids refused to recognize the jurisdiction of the court, and returned to Governor Carlin for further instructions, leaving the Prophet and Rockwell in the hands of the marshal of Nauvoo. The marshal had no papers by which they could be held, so permitted them to go about their business.

The Prophet’s Comments on His Arrest

Commenting on his arrest, the Prophet said:

“I have yet to learn by what rule of right I was arrested to be transported to Missouri for a trial of the kind stated. ‘An accessory to an assault with intent to kill,’ does not come under the provision of the fugitive act, when the person charged has not been out of Illinois. An accessory before the fact to manslaughter is something of an anomaly. The isolated affidavit of ex-Governor Boggs is no more than any other man’s, and the constitution says, that no person shall be liable to be transported out of the state for an offense committed within the same. The whole is another Missouri farce.”

Expecting the return of the deputy sheriff, President Smith secured a writ of habeas corpus from the master in chancery for the district of Illinois, fearing that the court of Nauvoo might be deemed without jurisdiction or authority. Two days later when the officers returned, President Smith and Rockwell were not at home. The deputy sheriff made many threats and tried to intimidate the brethren at Nauvoo, but failing in this, when questioned, he admitted that the course the governor had taken was unjustifiable and illegal.

President Joseph Smith in Retirement

Because of the excitement which prevailed and the fear that they would be unlawfully dragged to Missouri, Joseph and O.P. Rockwell retired to seclusion. While in retirement the Prophet kept in touch with affairs in Nauvoo and wrote to the Saints from time to time. It was while thus confined that he wrote the important letters which now appear as sections 127 and 128 in the Doctrine and Covenants, on baptism for the dead.

Threats of Mob Vengeance

When the officers failed to find President Smith and Orrin Porter Rockwell, they were enraged and threatened to return with a sufficient force to search every house in Nauvoo. Ford, the officer from Missouri, declared that he would come with a mob from Missouri and take the Prophet by force. Hearing of these reports, President Smith wrote to Wilson Law, major general of the Nauvoo Legion, advising him to take necessary steps to protect the citizens of Nauvoo against any such attack. In his communication he said he had come to the conclusion that he would never suffer himself to fall into the hands of the Missourians alive, if he could help it. To surrender to the officers of Illinois meant the same thing, for Governor Carlin had joined hands with Missouri, taking unlawful steps to send him to that state. “I am determined, therefore,” the Prophet said, “to keep out of their hands, and thwart their designs, if possible.”

Emma Smith Appeals to Governor Carlin

August 17, 1842, Emma Smith wrote a pathetic appeal to Governor Carlin pleading the cause of her husband and the Latter-day Saints, and requesting that he rescind his order to turn President Smith over to his enemies in Missouri. She set forth in a clear, logical manner the fact that the decision to deliver him to the authorities in Missouri was contrary to law. That if he had been guilty of any crime it must have been committed in Illinois, and the pursuit of President Smith was a continuation of the old mob spirit and persecution which had followed the Saints during all the years of their sojourn in Missouri. Others also appealed to the governor, reminding him of the many threats that were made against the citizens of Nauvoo, by John C. Bennett, Edward R. Ford and others. His reply to all of these was that he could not conceive of an attack of violence upon the citizens, and there was “no excitement anywhere but in Nauvoo, amongst the Mormons themselves.” There was no apprehension of trouble in other places, so far as he was able to ascertain. At the same time he confessed in conversation, that “persons were offering their services every day, either in person or by letter, and held themselves in readiness to go against the Mormons” whenever he should call upon them. Judge Ralston, who was present when the governor read Emma Smith’s letter, asked him how he thought Mr. Smith could go through the midst of his enemies, without violence being used towards him; and, if acquitted, how was he to get back? The governor was unable to make satisfactory reply.

Answering Emma Smith’s letter, the governor said he had been “prompted by a strict sense of duty,” and in discharge of that duty, had “studiously pursued that course least likely to produce excitement and alarm.” He hoped that Joseph Smith would submit to the laws and that justice might be done. At the same time he said the Constitution and the laws of the United States required him to take the course he did regarding Joseph Smith as a fugitive from justice. Yet he was perfectly aware that President Smith was not a fugitive in any sense of the term. He further suggested that if “he is innocent of any crime, and the proceedings are illegal, it would be the more easy for him to procure an acquittal,” and he felt that Missouri would grant the “utmost latitude” in his defense. It was clear that he had no friendly disposition towards the President of the Church.

A Ruse to Capture President Smith

In the meantime President Joseph Smith returned to Nauvoo and in a meeting of a special conference August 29, addressed the Saints. Some of the Saints thought he had gone to Washington, others that he had gone to Europe, however, he had been in Nauvoo most of the time. Sunday, October 2, 1842, word came from Quincy, that Governor Carlin had offered a reward of two hundred dollars for the capture of Joseph Smith and the same amount for O.P. Rockwell. The Quincy Whig also stated that Governor Reynolds of Missouri, had offered a reward of three hundred dollars for each of the brethren. President Sidney Rigdon, who had been in conversation at Carthage with Judge Stephen A. Douglas, concerning Governor Carlin’s proceedings, informed William Clayton that he had learned that the governor had purposely issued an illegal writ, expecting President Joseph Smith would be drawn by it to Carthage to be acquitted before Judge Douglas on habeas corpus proceedings. As soon as this was done a legal writ would be served and he would be carried away to Missouri. Elder Elias Higbee confirmed President Rigdon’s report, adding thereto that many Missourians were coming to unite with the militia of Illinois, voluntarily, at their own expense. If President Smith should fail to go to Carthage they would come in force to Nauvoo and search the city. Receiving this knowledge, the Prophet concluded again to leave home for a season, and thus defeat the plans of Governor Carlin and his aids.

Justin Butterfield’s Legal Opinion

While all these trials and tribulations were going on, the case of President Joseph Smith had been presented to United States District Attorney Justin Butterfield, of Chicago, by the master in chancery, Major Warren. Mr. Butterfield wrote to Sidney Rigdon, October 10, 1842, an elaborate opinion on the case. The salient points in his opinion are as follows: If it could be proved that Joseph Smith had not fled from Missouri since the commission of the crime of which he was accused, and that he was not in that state at that time, then the governor of Illinois had no power to surrender him to Missouri. According to the Constitution, a man to be a fugitive, “must be a person who shall flee from justice and be found in another state.” The defendant has the right to show that the process upon which he was arrested was obtained by false pretense, that it is untrue that he fled from Missouri to evade being brought to justice there, for the crime of which he is charged. The affidavit of Boggs is not conclusive and may be rebutted; the defendant has the right to show the affidavit false. The affidavit of Boggs “on its face was not sufficient to authorize the arrest of Smith.” The opinion concluded with the following advice:

“I would advise that Mr. Smith procure respectable and sufficient affidavits to prove beyond all question, that he was in the state (Illinois) and not in Missouri, at the time the crime with which he is charged was committed, and upon these affidavits, apply to the governor to countermand the warrant he has issued for his arrest.

“If he should refuse to do so, I am clearly of the opinion that, upon the above state of facts, the supreme court will discharge him upon habeas corpus.”

Governor Carlin’s attitude being unfavorable, no further action was taken until December, when the term of Carlin expired. On the 8th of that month Thomas Ford was inaugurated as the chief executive of Illinois. Immediately affidavits were obtained to prove beyond controversy that President Joseph Smith was in the state of Illinois on the 6th day of May, 1842, the day of the shooting of ex-Governor Boggs, but Governor Ford refused to interfere with the action of his predecessor. The supreme court being in session, he passed the case with all the papers up to them for a decision. The judges held that the writ was illegal, but were divided as to whether or not Ford should interfere. The governor thereupon addressed President Joseph Smith, December 17, 1842, stating that he had submitted the case to the supreme court of Illinois. The governor then said:

“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 a 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.”

The Prophet Receives Advice

Justin Butterfield, in a letter from Springfield of the same date, advised the Prophet to accept the suggestion of Governor Ford. He said the judges of the supreme court were unanimous in the opinion that he would be entitled to a discharge under a habeas corpus writ. Therefore he advised President Smith to go to Springfield without delay, for he had the right to bring the case before the United States court, which was then in session. “I will stand by you,” he said, “and see you safely delivered from your arrest.”

Another letter was received from Judge James Adams, who greatly loved the Prophet. He said:

“My Son: It is useless for me to detail facts that the bearer can tell. But I will say that it appears to my judgment that you had best make no delay in coming before the court at this place for a discharge under a habeas corpus.”

Joseph Smith Surrenders for Trial

Acting on this advice, President Smith prepared to go to Springfield. December 26, he was arrested by General Wilson Law on the proclamation of Governor Carlin. The next day in the custody of Wilson Law and a number of his closest friends, he commenced his journey. On the way they obtained a writ of habeas corpus from the master in chancery at Carthage. On the 30th, he arrived at the home of Judge James Adams, in Springfield. The next day, to save delay, and possible legal complications, Governor Ford was petitioned for another writ that the case might be tried thereon and it was issued. At half-past eleven President Smith went before Judge Pope, where Mr. Butterfield presented all the papers in the case and asked for habeas corpus, because the accusation was false, which was granted. The Prophet was then placed under bail in the sum of four thousand dollars. Judge Adams and Wilson Law went bail for him, and his case was set for Monday morning, January 2, 1843.

The Trial

A postponement of the trial was taken until the following Wednesday. When the case came before the court, the attorney general, Josiah Lamborn, moved to dismiss the proceedings, objecting to the jurisdiction of the court. He was overruled and the trial proceeded. On the 5th day of January, 1843, Judge Pope rendered a lengthy decision, ¹ discharging the Prophet on the grounds that he was entitled to his discharge for defect in the affidavit on which the demand for his surrender to Missouri was made. “To authorize the arrest in this case,” the opinion said, “the affidavit should have stated distinctly—1st, that Smith had committed a crime; 2nd, that he committed it in Missouri. It must appear that he fled from Missouri to authorize the governor of Missouri to demand him, as none other than the governor of the state from which he fled can make the demand. He could not have fled from justice unless he committed a crime, which does not appear. It must appear that the crime was committed in Missouri, to warrant the governor of Illinois in ordering him to be sent to Missouri for trial.”

On these grounds an order was entered discharging the prisoner from arrest. Once again Missouri, persecutor of saints and prophets, was defeated; but her thirst for their blood was not satisfied.

Bennett’s Letter to Sidney Rigdon and Orson Pratt

January 10, 1843, John C. Bennett sent a communication from Springfield to Sidney Rigdon, and addressed to Rigdon and Orson Pratt, in which he states that he was leaving for Missouri to confer with the messenger charged with the arrest of Joseph Smith, Hyrum Smith, Lyman Wight, and others, who would be demanded in a few days on the old charge of “murder, burglary, treason, etc.” This was on the new indictments found by the grand jury and based on the original evidence. He said: “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.” Moreover, he stated that they had the assurance that the governor of Illinois would acknowledge the new demand. “There is but one opinion on the case,” he wrote, “and that is, nothing can save Joe 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.” A postscript requested that Sidney Rigdon hand the letter to Orson Pratt. After reading it, Sidney Rigdon did as he was requested, but Orson Pratt immediately took the letter to President Joseph Smith and informed him that he was not in league with such a character as Bennett. Bennett wrote to these men knowing that at the time they were both lukewarm towards the work, and that Orson Pratt, for disobedience, had been handled for his fellowship. Following this episode, Orson Pratt was received back in the fellowship of the Church. For some time previous to this incident, Sidney Rigdon had failed to magnify his calling and had gone contrary to counsel. When confronted with the letter from Bennett he denied having had any correspondence with him.

Rejoicing in Nauvoo

When President Smith returned to Nauvoo, from his trial, there was great rejoicing. Tuesday, January 17, 1843, was set apart by the apostles as a “day of humiliation, fasting, praise, prayer and thanksgiving” before the Lord. Many public meetings were held throughout the city. One public gathering of this kind was held at the home of President Joseph Smith. The following day a party of invited guests assembled at his home to celebrate his deliverance from his enemies. The day passed very pleasantly; many interesting anecdotes were related, and what added interest to the occasion was the fact that it was the fifteenth anniversary of the Prophet’s wedding day.

Notes