Chapter IV

CORRESPONDENCE BETWEEN JAMES ARLINGTON BENNETT AND PRESIDENT JOSEPH SMITH--RENEWAL OF PETITIONS TO CONGRESS FOR REDRESS OF MISSOURI GRIEVANCES--PRESIDENT JOSEPH SMITH'S APPEAL TO THE "GREEN MOUNTAIN BOYS"--VERMONT--STATUS OF THE NAUVOO LEGION IN ILLINOIS MILITIA.

_Thursday, November, 9, 1843.--_At the office, dictating letters and signing deeds.

The missionaries to the Pacific Islands touched at Cape de Verde Islands, and laid in a supply of fruits of various kinds.

[Sidenote: Properity of the Work in England.]

_Saturday, 11.--_A company of Saints arrived from England. The work is still prospering in that country, poverty and distress are making rapid strides, and the situation of the laboring classes is getting every day more deplorable.

City Council met. Hyrum Smith, president _pro tem._ Albert P. Rockwood assessor and collector for 1st ward; Daniel Hendricks for 2nd ward; Jonathan H. Hale, 3rd ward; and Henry G. Sherwood for 4th ward.

_Sunday, 12.--_Prayer-meeting in the evening, in the south-east room of my old house.

Clear, cold.

_Monday 13.--_Having received a letter from James Arlington Bennett, Esq., I copy it:--

_Letter: James Arlington Bennett to President Joseph Smith._

ARLINGTON HOUSE, Oct. 43, 1843.

DEAR GENERAL:--I am happy to know that you have taken possession
of your new establishment, and presume you will be eminently
successful and happy in it, together with your good lady and family.

You are no doubt already aware that I have had a most interesting
visit from your most excellent and worthy friend, President B.
Young with whom I have had a glorious frolic in the clear blue
ocean; for {72} most assuredly a frolic it was, without a moment's
reflection or consideration.

Nothing of this kind would in the least attach me to your person or
cause. I am capable of being a most _undeviating friend_, without
being governed by the smallest religious influence.

As you have proved yourself to be a philosophical divine, you will
excuse me when I say that we must leave their influence to the
mass. The boldness of your plans and measures, together with their
unparalleled success so far, are calculated to throw a charm over
your whole being, and to point you out as the most extraordinary
man of the present age.

But my mind is of so mathematical and philosophical a cast, that
the divinity of Moses makes no impression on me, and you will not
be offended when I say that I rate you higher as a legislator than
I do Moses, because we have you present with us for examination,
whereas Moses derives his chief authority from prescription and the
lapse of time.

I cannot, however, say but you are both right, it being out of the
power of man to prove you wrong. It is no mathematical problem, and
can therefore get no mathematical solution. I say, therefore, Go
a-head: you have my good wishes. You know Mahomet had his "_right
hand man_."

The celebrated Thomas Brown, at New York, is now engaged in cutting
your head on a beautiful cornelian stone, as your _private seal,_
which will be set in gold to your order, and sent to you. It will
be a gem, and just what you want. His sister is a member of your
Church. The expense of this seal, set in gold, will be about $40;
and Mr. Brown assures me that if he were not so poor a man, he
would present it to you free.

You can, however, accept it or not, as he can apply to it another
use. I am myself short for cash; for although I had sometime since
$2,000 paid me by the Harpers, publishers, as the first instalment
on the purchase of my copyright, yet I had got so much behind
during the hard times, that it all went to clear up old scores. I
expect $38,000 more however, in semi-annual payments, from those
gentlemen, within the limits of ten years; a large portion of
which I intend to use in the State of Illinois, in the purchase
and conduct of a large tract of land; and therefore should I be
compelled to announce in this quarter that I have no connection
with the Nauvoo Legion, you will of course remain silent, as I
shall do it in such a way as will make all things right.

I may yet run for a high office in your state, when you would
be sure of my best services in your behalf; therefore, a known
connection with you would be against our mutual interest. It can be
shown that a commission in the Legion was a _Herald_ hoax, coined
for the fun of it {73} by me, as it is not believed even now by
the public. In short, I expect to be yet, through your influence,
governor of the State of Illinois.

My respects to Brothers Young, Richards, Mrs. Emma, and all friends.

Yours most respectfully,

JAMES ARLINGTON BENNETT.

P.S.--As the office of inspector-general confers no command on me,
being a mere honorary title,--if, therefore, there is any gentleman
in Nauvoo who would like to fill it in a practical way, I shall
with great pleasure and good-will resign it to him, by receiving
advice from you to that effect. It is an office that should be
filled by some scientific officer.

J. A. B.

I insert my reply:--

_Letter: President Joseph Smith to James Arlington Bennett._

NAUVOO, ILLINOIS, Nov. 13, 1843.

DEAR SIR:--Your letter of the 24th ult. has been regularly
received, its contents duly appreciated, and its whole tenor
candidly considered; and, according to my manner of judging all
things in righteousness, I proceed to answer you, and shall leave
you to meditate whether "mathematical problems," founded upon the
truth of revelation, or religion as promulgated by me, or by Moses,
can be solved by rules and principles existing in the systems of
common knowledge.

How far you are capable of being "a most undeviating friend,
without being governed by the smallest religious influence," will
best be decided by your survivors, as all past experience most
assuredly proves. Without controversy, that friendship which
intelligent beings would accept as sincere must arise from love,
and that love grow out of virtue, which is as much a part of
religion as light is a part of Jehovah. Hence the saying of Jesus,
"Greater love hath no man than this, that a man lay down his life
for his friends."

You observed, "as I have proven myself to be a philosophical
divine" I must excuse you when you say that we must leave these
_influences_ to the mass. The meaning of "philosophical divine" may
be taken in various ways. If, as the learned world apply the term,
you infer that I have achieved a victory, and been strengthened by
a scientific religion, as practiced by the popular sects of the
age, through the aid of colleges, seminaries, Bible societies,
missionary boards, financial organizations, and gospel money
schemes, then you are wrong. Such a combination of men and means
shows a form of godliness without the power; for is it not written,
"I will destroy the wisdom of the wise." "Beware lest any man spoil
you through philosophy and vain deceit, after the rudiments of the
world, and not after the doctrines of Christ." But if the inference
is that by more love, more light, more virtue, and more truth
{74} from the Lord, I have succeeded as a man of God, then you
reason truly, though the weight of the sentiment is lost, when the
_"influence is left to the mass."_ "Do men gather grapes of thorns,
or figs of thistles?"

Of course you follow out the figure, and say, the boldness of my
plans and measures, together with their unparalleled success, so
far, are calculated to throw a charm over my whole being, and
to point me out as the most extraordinary man of the present
age! The _boldness of my plans and measures_ can readily be
tested by the touchstone of all schemes, systems, projects, and
adventures--_truth;_ for truth is a matter of fact; and the fact
is, that by the power of God I translated the Book of Mormon from
hieroglyphics, the knowledge of which was lost to the world, in
which wonderful event I stood alone, an unlearned youth, to combat
the worldly wisdom and multiplied ignorance of eighteen centuries,
with a new revelation, which (if they would receive the everlasting
Gospel,) would open the eyes of more than eight hundred millions of
people, and make "plain the old paths," wherein if a man walk in
all the ordinances of God blameless, he shall inherit eternal life;
and Jesus Christ, who was, and is, and is to come, has borne me
safely over every snare and plan laid in secret or openly, through
priestly hypocrisy, sectarian prejudice, popular philosophy,
executive power, or law-defying mobocracy, to destroy me.

If, then, the hand of God in all these things that I have
accomplished towards the salvation of a priest-ridden generation,
in the short space of twelve years, through the boldness of the
plan of preaching the Gospel, and the boldness of the means of
declaring repentance and baptism for the remission of sins, and a
reception of the Holy Ghost by laying on of the hands, agreeably to
the authority of the Priesthood, and the still more bold measures
of receiving direct revelation from God, through the Comforter,
as promised, and by which means all holy men from ancient times
till now have spoken and revealed the will of God to men, with
the consequent "success" of the gathering of the Saints, throws
any "charm" around my being, and "points me out as the most
extraordinary man of the age," it demonstrates the fact that truth
is mighty and must prevail, and that one man empowered from Jehovah
has more influence with the children of the kingdom than eight
hundred millions led by the precepts of men. God exalts the humble,
and debases the haughty.

But let me assure you in the name of Jesus, "who spake as never
man spake," that the "boldness of the plans and measures," as you
term them, but which should be denominated the righteousness of
the cause, the truth of the system, and power of God, which "so
far" has borne me and the Church, (in which I glory in having the
privilege of being a member,) successfully through the storm of
reproach, folly, ignorance, {75} malice, persecution, falsehood,
sacerdotal wrath, newspaper satire, pamphlet libels, and the
combined influence of the powers of earth and hell,--I say these
powers of righteousness and truth are not the decrees or rules
of an ambitious and aspiring Nimrod, Pharaoh, Nebuchadnezzar,
Alexander, Mahomet, Bonaparte, or other great sounding heroes that
dazzled forth with a trail of pomp and circumstances for a little
season, like a comet, and then disappeared, leaving a wide waste
where such an existence once was, with only a name; nor where the
glorious results of what you term "boldness of plans and measures,"
with the attendant "success," matured by the self-aggrandizing
wisdom of the priests of Baal, the scribes and Pharisees of the
Jews, popes and bishops of Christendom, or pagans of Juggernaut:
nor were they extended by the divisions and subdivisions of a
Luther or Calvin, a Wesley, or even a Campbell, supported by a
galaxy of clergymen and churchmen, of whatever name or nature,
bound apart by cast-iron creeds, and fastened to set stakes by
chain-cable opinions, without revelation. Nor are they the lions of
the land, or the leviathans of the sea, moving among the elements,
as distant chimeras to fatten the fancy of the infidel; but they
are as the stone cut out of the mountain without hands, and will
become a great mountain, and fill the whole earth. [1] * * * * *

It seems that your mind is of such "a mathematical and
philosophical cast," that the divinity of Moses makes no impression
upon you, and that I will not be offended when you say that you
rate me higher as a legislator than you do Moses, because you have
me present with you for examination; that "Moses derives his chief
authority from prescription and the lapse of time." You cannot,
however, say but we are both right, it being out of the power of
man to prove us wrong. "It is no mathematical problem, and can
therefore get no mathematical solution."

{76} Now, sir, to cut the matter short, and not dally with your
learned ideas, for fashion's sake you have here given your opinion,
without reserve, that revelation, the knowledge of God, prophetic
vision, the truth of eternity, cannot be solved as a mathematical
problem. The first question then is, What is a mathematical
problem? and the natural answer is, A statement, proposition or
question that can be solved, ascertained, unfolded or demonstrated
by knowledge, facts or figures; for "mathematical" is an adjective
derived from _mathesis_ (Gr.), meaning, in English, learning or
knowledge. "Problem" is derived from _probleme_ (French), or
_problema_ (Italian, or Spanish), and in each language means a
question or proposition, whether true or false. "Solve" is derived
from the Latin verb "_solvo,_" to explain or answer.

One thing more in order to prove the work as we proceed. It is
necessary to have witnesses, two or three of whose testimonies,
according to the laws or rules of God and man, are sufficient to
establish any one point.

Now for the question. How much are one and one? Two. How much is
one from two? One. Very well; one question or problem is solved by
figures. Now, let me ask one for facts; Was there ever such a place
on the earth as Egypt? Geography says yes; ancient history says
yes; and the Bible says yes: so three witnesses have solved that
question. Again: Lived there ever such a man as Moses in Egypt?
The same witnesses reply, _Certainly._ And was he a Prophet? The
same witnesses, or a part, have left on record that Moses predicted
in Leviticus that if Israel broke the covenant they had made, the
Lord would scatter them among the nations, till the land enjoyed
her Sabbaths: and, subsequently, these witnesses have testified of
their captivity in Babylon and other places, in fulfillment. But
to make assurance doubly sure, Moses prays that the ground might
open and swallow up Korah and his company for transgression, and
it was so: and he endorses the prophecy of Balaam, which said, Out
of Jacob shall come he that shall have dominion, and shall destroy
him that remaineth of the city: and Jesus Christ, as Him that "had
dominion," about fifteen hundred years after, in accordance with
this and the prediction of Moses, David, Isaiah, and many others,
came, saying, Moses wrote of me, declaring the dispersion of the
Jews, and the utter destruction of the city; and the Apostles were
his witnesses, unimpeached, especially Jude, who not only endorses
the facts of Moses "divinity," but also the events of Balaam and
Korah, with many others, _as true_.

Besides these tangible facts, so easily proven and demonstrated
by simple rules and testimony unimpeached, the art (now lost,) of
embalming human bodies, and preserving them in the catacombs of
Egypt, whereby men, women and children, _as mummies,_ after a lapse
of near {77} three thousand five hundred years, come forth among
the living; and although _dead,_ the papyrus which has lived in
their bosoms, unharmed, speaks for them in language like the sound
of an earthquake. _Ecce veritas! Ecce cadaveros!_ Behold the truth!
Behold the mummies!

Oh, my dear sir, the sunken Tyre and Sidon, the melancholy dust
where the city of Jerusalem once was, and the mourning of the Jews
among the nations, together with such a cloud of witnesses, if you
had been as well acquainted with your God and Bible as with your
purse and pence table, the divinity of Moses would have dispelled
the fog of five thousand years and filled you with light; for
facts, like diamonds, not only cut glass, but they are the most
precious jewels on earth. The spirit of prophecy is the testimony
of Jesus.

The world at large is ever ready to credit the writings of Homer,
Hesiod, Plutarch, Socrates, Pythagoras, Virgil, Josephus, Mahomet,
and an hundred others; but where, tell me, where, have they left a
line--a simple method of solving the truth of the plan of eternal
life? Says the Savior, "If any man will do his [the Father's] will,
he shall know of the doctrine, whether it be of God, or whether I
speak of myself." Here, then, is a method of solving the divinity
of men by the divinity within yourself, that as far exceeds the
calculations of numbers as the sun exceeds a candle. Would to God
that all men understood it and were willing to be governed by it,
that when one had filled the measure of his days, he could exclaim
like Jesus, _Veni mori, et reviviscere_!'

Your good wishes to go ahead, coupled with Mahomet and a right hand
man, are rather more vain than virtuous. Why, sir, Caesar had his
right hand Brutus, who was his left hand assassin,--not, however,
applying the allusion to you.

As to the private seal you mention, if sent to me, I shall receive
it with the gratitude of a servant of God, and pray that the donor
may receive a reward in the resurrection of the just.

The summit of your future fame seems to be hid in the political
policy of a "mathematical problem" for the chief magistracy of this
state, which I suppose might be solved by "double position," where
the _errors_ of the _supposition_ are used to produce a true answer.

But, sir, when I leave the dignity and honor I received from
heaven, to boost a man into power, through the aid of my
friends, where the evil and designing, after the object has been
accomplished, can lock up the clemency intended as a reciprocation
for such favors, and where the wicked and unprincipled, as a
matter of course, would seize the opportunity to flintify the
hearts of the nation against me for dabbling at a sly game in
politics,--verily I say, when I leave the dignity and honor of
heaven, to gratify the ambition and vanity of man or men, {78} may
my power cease, like the strength of Samson, when he was shorn
of his locks, while asleep in the lap of Delilah. Truly said the
Savior, "Cast not your pearls before swine, lest they trample them
under their feet, and turn again and rend you."

Shall I, who have witnessed the visions of eternity, and beheld
the glorious mansions of bliss, and the regions and the misery of
the damned,--shall I turn to be a Judas? Shall I, who have heard
the voice of God, and communed with angels, and spake as moved
by the Holy Ghost for the renewal of the everlasting covenant,
and for the gathering of Israel in the last days,--shall I worm
myself into a political hypocrite? Shall I, who hold the keys of
the last kingdom, in which is the dispensation of the fullness of
all things spoken by the mouths of all the holy Prophets since
the world began, under the sealing power of the Melchizedec
Priesthood,--shall I stoop from the sublime authority of Almighty
God, to be handled as a monkey's cat-paw, and pettify myself into
a clown to act the farce of political demagoguery? No--verily no!
The whole earth shall bear me witness that I, like the towering
rock in the midst of the ocean, which has withstood the mighty
surges of the warring waves for centuries, _am impregnable,_ and am
a faithful friend to virtue, and a fearless foe to vice,--no odds
whether the former was sold as a pearl in Asia or hid as a gem in
America, and the latter dazzles in palaces or glimmers among the
tombs.

I combat the errors of ages; I meet the violence of mobs; I cope
with illegal proceedings from executive authority; I cut the
guardian knot of powers, and I solve mathematical problems of
universities, _with truth--diamond truth; and God is my "right hand
man_." [2]

And to close, let me say in the name of Jesus Christ to you, and to
presidents, emperors, kings, queens, governors, rulers, nobles, and
men in authority everywhere, Do the works of righteousness, execute
justice and judgment in the earth, that God may bless you and her
inhabitants; and

The laurel that grows on the top of the mountain
Shall green for your fame while the sun sheds a ray;
And the lily that blows by the side of the fountain
Will bloom for your virtue till earth melt away.

With due consideration and respect, I have the honor to be

Your most obedient servant,

JOSEPH SMITH.

P.S. The court-martial will attend to your case in the Nauvoo
Legion.

J. S.

{79}_Tuesday, 14.--_In the evening called at the office with Mr. Southwick, of Dixon, and had my letter to James Arlington Bennett read.

_Wednesday, 15.--_Mayor's court in the office. "Erskine _versus_ Pullen." Nonsuit.

P.M. At the office. Suggested the idea of preparing a grammar of the Egyptian language.

[Sidenote: Grammar for the Egyptian Language Suggested.]

Prayer-meeting at the old house. I spoke of a petition to Congress, my letter to Bennett, and intention to write a proclamation to the kings of the earth.

_Thursday, 16.--_Held a court--"Averett _versus_ Bostwick."

At home the remainder of the day. Chilly east wind and foggy.

_Friday, 17.--_Deeded lot 4, block 135, to Sally Phelps, wife of W. W. Phelps.

About ten, a.m., called in the office with Esquire Southwick, of Dixon.

Thunder, lightning and rain last night. Warm and foggy morning.

_Saturday, 18.--_Rode out on horseback to the prairie, accompanied by Mr. Southwick.

Conference of the church held at Halifax, Nova Scotia. Robert Dixon, president; Edward Cook, secretary. Two branches were represented, containing 2 Elders, 1 Teacher, 2 Deacons, and 34 members.

_Sunday, 19.--_Eleven a.m. to two p.m., prayer-meeting at the old house, and fasting.

In the evening, prayer-meeting and breaking of bread, &c.

[Sidenote: Meeting at the Prophet's Home.]

_Monday, 20.--_Two gentlemen from Vermont put up at the Mansion. I rode round with them in the afternoon to show them the improvements in the city. In the evening, several of the Twelve and others called to visit me. My family sang hymns, {80} and Elder John Taylor prayed and gave an address, to which they paid great attention, and seemed very much interested.

_Tuesday, 21.--_Council of the Twelve and others at my old house all day. Dictated to my clerk an appeal to the Green Mountain boys of Vermont, my native State.

Also instructed Elders Richards, Hyde, Taylor and Phelps to write a "Proclamation to the Kings of the Earth."

_Wednesday, 22.--_Rode out to the prairie with W. Clayton and Lorenzo D. Wasson, and found Arthur Smith cutting timber on my land without my consent, which I objected to.

Prayer-meeting in the evening at the old house.

Five deaths in the city during the past week.

[Sidenote: Canal Around the Rapids.]

_Thursday, 23.--_Met in council in the old house; then walked down to the river to look at the stream, rocks, &c., about half-past eleven, a.m. Suggested the idea of petitioning Congress for a grant to make a canal over the falls, or a dam to turn the water to the city, so that we might erect mills and other machinery. [3]

Issued a writ of habeas corpus, on application of John M. Finch.

_Friday, 24.--_Attended Municipal Court "on habeas corpus, John M. Finch at suit of Amos Davis." Finch discharged, Davis to pay costs, it being a vexatious and malicious suit.

The young men have established a debating society in Nauvoo, to discuss topics of various descriptions.

{81} [Sidenote: The Prophet's Stand on Chastity and General Morality.]

_Saturday, 25.--_Colonel Frierson, United States Surveyor from Quincy, arrived in Nauvoo. In the evening the High Council sat on the case of Harrison Sagers, charged with seduction, and having stated that I had taught it was right. Charge not sustained. I was present with several of the Twelve, and gave an address tending to do away with every evil, and exhorting them to practice virtue and holiness before the Lord; told them that the Church had not received any permission from me to commit fornication, adultery, or any corrupt action; but my every word and action has been to the contrary. If a man commit adultery, he cannot receive the celestial kingdom of God. Even if he is saved in any kingdom, it cannot be the celestial kingdom. I did think that the many examples that have been made manifest, such as John C. Bennett's and others, were sufficient to show the fallacy of such a course of conduct.

I condemned such actions _in toto,_ and warned the people present against committing such evils; for it will surely bring a curse upon any person who commits such deeds.

After adjournment, held a council, and agreed to meet Mr. Frierson [4] at the Mansion to morrow morning.

I received a letter signed by George B. Wallace and six other Elders, requesting permission for Elder John E. Page to remain in Boston the ensuing winter. Also a letter from John E. Page, giving his assent to the petition, to which the Twelve Apostles wrote the following reply:--

_Letter: Brigham Young in Behalf of the Twelve to Elder John E.
Page, Appointing him to go to Washington._

_Elder John E. Page_:

BELOVED BROTHER:--Your letter dated at Boston, in connection with
{82} some one hundred and fifty of the brethren, is received, and
we proceed to reply. Your letter is not before us this moment;
consequently you must excuse a reference to dates and names which
have escaped our recollection. But the subject is fresh, and the
letter was read in a council of Presidents Joseph, Hyrum, and the
Twelve, when the word of the Lord came through Joseph the Seer
thus:--"Let my servant John E. Page take his departure _speedily_
from the city of Boston, and go directly to the city of Washington,
and there labor diligently in proclaiming my Gospel to the
inhabitants thereof: and if he is humble and faithful, lo! I will
be with him, and will give him the hearts of the people, that he
may do them good and build up a church unto my name in that city."

Now, Brother Page, if you wish to follow counsel and do the will of
the Lord, as we believe you desire to do, call the church at Boston
together, _without delay,_ and read this letter to them, calling
upon them to assist you on your mission, and go thy way speedily
unto the place which is appointed unto you by the voice of the
Lord, and build up a church in the city of Washington; for it is
expedient and absolutely necessary that we have a foothold in that
popular city. Let your words be soft unto the people, but full of
the spirit and power of the Holy Ghost. _Do not challenge the sects
for debate,_ but treat them as brethren and friends; and the God
of heaven will bless you, and we will bless you in the name of the
Lord Jesus, and the people will rise up and bless you, and call you
a sweet messenger of peace. You will pardon us for giving you such
counsel, for we feel to do it in the name of the Lord.

When you have built a church at Washington so as to warrant the
expense. It will be wisdom for you to send or take your wife to
Washington; so says President Joseph.

All things go on smoothly here. As to the reports circulated while
we were in Boston, there is nothing of them. Brother Joseph has
commenced living in his new house, and enjoys himself well. He
has raised a sign, entitled "Nauvoo Mansion," and has all the
best company in the city. Many strangers from abroad call on him,
feeling perfect liberty so to do, since he has made his house
public; and it is exerting a blessed influence on the public mind.

The Temple has been progressing rapidly until the recent frosts.
The walls are now above the windows of the first story, and some of
the circular windows are partly laid. The brethren of the Twelve
have all arrived home, are tolerably well, and their families,
except Sister Hyde, who has been very sick, and is yet, though at
last report rather better. No prospect of any of the Twelve leaving
home this winter {83} that we know of. Elder Snow has arrived with
his company from Boston, generally in good spirits.

The devil howls some: may be you will hear him as far as Boston,
for there cannot a blackleg be guilty of any crime in Nauvoo, but
somebody will lay it to the servants of God. We shall give the
substance of this communication to your wife same mail.

We remain your brother in the new and everlasting covenant, in
behalf of the quorum,

BRIGHAM YOUNG, President.

W. RICHARDS, Clerk.

[Sidenote: Renewal of Petitions to Congress.]

_Sunday, 26.--_I met with Hyrum, the Twelve and others, in council with Colonel Frierson, at the Mansion, concerning petitioning Congress for redress of grievances. Read to him the affidavits of Hyrum Smith, Brigham Young, Parley P. Pratt, Lyman Wight, George W. Pitkin and Sidney Rigdon, taken before the municipal court on _habeas corpus,_ and conversed with him thereon.

At eleven, a.m., Elder Orson Pratt preached in the Assembly Room.

In the evening, Elder Parley P. Pratt lectured in the Mansion. Rainy, muddy day.

_Monday, 27.--_Wet day. Being quite unwell, I stayed at home.

_Tuesday, 28.--_At home. Colonel Frierson wrote a Memorial to Congress. [5]

_Wednesday, 29.--_At home. Clear and cold. Colonel Frierson left for home, taking with him a copy of the Memorial, to get signers in Quincy. I here insert a copy of the--

{84} MEMORIAL.

_To the Honorable the Senate and House of Representatives of the
United States, in Congress Assembled_.

The memorial of the undersigned inhabitants of Hancock county, in
the State of Illinois, respectfully showeth--

That they belong to the society of Latter-day Saints, commonly
called "Mormons;" that a portion of our people commenced settling
in Jackson county, Missouri, in the summer of 1831, where they
purchased lands and settled upon them with the intention and
expectation of becoming permanent citizens in common with others.

From a very early period after the settlement began, a very
unfriendly feeling was manifested by the neighboring people; and as
the society increased, this unfriendly spirit also increased, until
it degenerated into a cruel and unrelenting persecution, and the
society was at last compelled to leave the county. An account of
these unprovoked persecutions has been published to the world; yet
we deem it not improper to embody a few of the most prominent items
in the memorial, and lay them before your honorable body.

On the 20th July, 1833, a mob collected at Independence, a
deputation or committee from which called upon a few members of our
Church there, and stated to them that the store, printing office,
and all mechanic shops belonging to our people must be closed
forthwith, and the society leave the county immediately.

These conditions were so unexpected and so hard, that a short time
was asked for to consider on the subject before an answer could be
given, which was refused; and when some of our men answered that
they could not consent to comply with such propositions, the work
of destruction commenced.

The printing office--a valuable two-story brick building, was
destroyed by the mob, and with it much valuable property. They
next went to the store for the same purpose; but one of the owners
thereof agreeing to close it, they abandoned their design.

A series of outrages was then commenced by the mob upon individual
members of our society. Bishop Partridge was dragged from his house
and family, where he was first partially stripped of his clothes,
and then tarred and feathered from head to foot. Mr. Charles Allen
was also tarred at the same time.

Three days afterwards the mob assembled in great numbers, bearing a
red flag, and proclaiming that unless the society would leave _en
masse,_ every man of them should be killed. Being in a defenseless
situation, to avoid a general massacre, a treaty was entered into
and ratified, by which it was agreed that one-half of the society
should leave the county by the 1st of January, and the remainder by
the 1st of April following.

{85} In October, while our people were gathering their crops and
otherwise preparing to fulfill their part of the treaty, the mob
again collected without any provocation, shot at some of our
people, whipped others, threw down their houses, and committed many
other depredations. The members of the society were for some time
harassed both day and night, their houses assailed and broken open,
and their women and children insulted and abused.

The store-house of A. S. Gilbert and Company was broken open,
ransacked, and some of the goods strewed in the streets. These
repeated assaults so aroused the indignant feelings of our people,
that a small party thereof, on one occasion, when wantonly abused,
resisted the mob. A conflict ensued, in which one of our people and
some two or three of their assailants were killed.

This unfortunate event raised the whole county in arms, and we were
required forthwith to surrender our arms and leave the county.
Fifty-one guns were given up, which have never been returned or
paid for to this day.

Parties of the mob, from thirty to seventy in number, then scoured
the county in every direction, threatening and abusing women and
children, until they were forced first to take shelter in the woods
and prairies at a very inclement season of the year, and finally to
make their escape to Clay county, where the people permitted them
to take refuge for a time.

After the society had left Jackson county, their buildings,
amounting to about two hundred, were either burned or otherwise
destroyed, with a great portion of their crops, as well as
furniture, stock, &c.; for which they have not as yet received any
remuneration.

The society remained in Clay county nearly three years, when,
in compliance with the demands of the citizens there, it was
determined to remove to that section of country known afterwards as
Caldwell county.

In order to secure our people from molestation, the members of
the society bought out most of the former inhabitants of what is
now Caldwell county, and also entered much of the wild land then
belonging to the United States in that section of country, fondly
hoping that as we were American citizens, obeying the laws and
assisting to support the government, we would be protected in the
use of homes which we had honestly purchased from the General
Government and fully paid for.

Here we were permitted to enjoy peace for a season; but as our
society increased in numbers and settlements were made in Daviess
and Carrol counties, unfounded jealousies sprang up among our
neighbors, and the spirit of the mob was soon manifested again. The
people of our Church who had located themselves at De Witt were
compelled by {86} the mob to leave the place, notwithstanding the
militia were called out for their protection.

From De Witt the mob went to Daviess county, and, while on their
way, took some of our people prisoners, and greatly abused and
mistreated them. Our people had been driven by force from Jackson
county; they had been compelled to leave Clay county, and sell
their lands there, for which they have never been paid: they had
finally settled in Caldwell county, where they had purchased and
paid for nearly all the Government land within its limits, in order
to secure homes where they could live and worship in peace; but
even here they were soon followed by the mob.

The society remained in Caldwell from 1836 until the fall of 1838,
and during that time had acquired by purchase from the Government,
the settlers, and preemptioners, almost all the lands in the county
of Caldwell, and a portion of those in Daviess and Carrol counties.

Those counties, when our people first commenced their settlements,
were for the most part wild and uncultivated, and they had
converted them into large and well improved farms, well stocked.
Lands had risen in value, from 10 to 25 dollars per acre, and those
counties were rapidly advancing in cultivation and wealth.

In August, 1838, a riot commenced, growing out of the attempt of
a member of the society to vote, which resulted in creating great
excitement and many scenes of lawless outrage. A large mob, under
the conduct of Cornelius Gilliam, came into the vicinity of Far
West, drove off our stock, and abused our people. Another party
came into Caldwell county, took away our horses and cattle, burnt
our houses, and ordered the inhabitants to leave their homes
immediately.

By order of Brigadier-General Doniphan and Colonel Hinkle, a
company of about sixty men, under the command of David W. Patten
went to disperse this mob. A conflict ensued, in which Captain
Patten and two of his men were killed, and others wounded. [6] A
mob party, from two to three hundred in number, many of whom are
supposed to have come from Chariton county, fell on our people,
and, notwithstanding they begged for quarters, shot down and killed
eighteen, as they would so many wild beasts.

They were finally compelled to flee from those counties; and on the
11th October, 1838, they sought safety by that means, with their
families, {87} leaving many of their effects behind. That they had
previously applied to the constituted authorities of Missouri for
protection, but in vain.

The society were pursued by the mob, conflicts ensued, deaths
occurred on each side, and finally a force was organized under the
authority of the Governor of the state of Missouri, with orders to
drive us from the State, _or exterminate us_.

Abandoned and attacked by those to whom we had looked for
_protection,_ we determined to make no further resistance, but
submit to the authorities of the State and yield to our fate,
however hard it might be. Several members of the society were
arrested and imprisoned on a charge of treason against the State:
and the rest, amounting to above 14,000 souls, fled into the other
States, principally into Illinois, where they now reside.

Your memorialists would further state that they have heretofore
petitioned your honorable body, praying redress for the injuries
set forth in this memorial; but the committee to whom our petition
was referred reported, in substance, that the General Government
had no power in the case, and that we must look for relief to the
courts and the legislature of Missouri.

In reply, your memorialists would beg leave to state that they
have repeatedly appealed to the authorities of Missouri in vain;
that though they are American citizens, at all times ready to obey
the laws and support the institutions of the country, none of us
would dare enter Missouri for any such purpose, or for any purposes
whatever.

Our property was seized by the mob or lawlessly confiscated by the
State; and we were forced, at the point of the bayonet, to sign
deeds of trust relinquishing our property. But the exterminating
order of the Governor of Missouri is still in force, and we dare
not return to claim out just rights. The widows and orphans of
those slain, who could legally sign no deeds of trust, dare not
return to claim the inheritance left them by their murdered parents.

It is true the Constitution of the United States gives to us, in
common with all other native or adopted citizens, the right to
enter and settle in Missouri; but an executive order has been
issued to exterminate us if we enter the State, and a part of the
Constitution becomes a nullity, so far as we are concerned.

Had any foreign state or power committed a similar outrage upon us
we cannot for a moment doubt that the strong arm of the General
Government would have been stretched out to redress our wrongs; and
we flatter ourselves that the same power will either redress our
grievances or shield us from harm in our efforts to regain our lost
property, which we fairly purchased from the General Government.

Finally, your memorialists pray your honorable body to take their
{88} wrongs into consideration, receive testimony in the case, and
grant such relief as by the Constitution and laws you may have
power to give.

And your memorialists will ever pray.

[Sidenote: Activities in Renewal of Appeals to Congress.]

Eleven copies were also made for circulation and signatures by Thomas Bullock, one of my clerks.

Four, p.m. A meeting of the citizens in the assembly room, [over President Smith's store] when Brigham Young was chosen chairman of the meeting, and Willard Richards, clerk.

The object of the meeting was briefly explained by the clerk, followed by Judge Phelps, which was to petition Congress for redress of grievances in relation to the Missouri persecutions.

Voted that the chairman appoint a committee to get the names of memorialists in this city.

The chairman appointed the assessors and collectors in their several wards.

Voted that the same committee collect means to purchase paper. President Sidney Rigdon to go to La Harpe, and Elder Heber C. Kimball to Ramus, to procure signers.

The chairman appointed committees to visit other places.

Joseph Smith, the Mayor, made some remarks, and his Appeal to the Green Mountain Boys was read by William W. Phelps, as follows:--

_President Smith's Appeal to his Native State--Vermont._

I was born in Sharon, Vermont, in 1805, where the first quarter of
my life grew with the growth and strengthened with the strength
of that "first-born" State of the "United Thirteen." From the old
"French War" to the final consummation of American Independence, my
fathers, heart to heart, and shoulder to shoulder, with the noble
fathers of our liberty, fought and bled; and with the most of that
venerable band of patriots, they have gone to rest, bequeathing
a glorious country, with all her inherent rights, to millions of
posterity. Like other honest citizens, I not only (when manhood
came,) sought my own peace, prosperity, and happiness, but also
the peace, prosperity, and happiness of my friends; and, with all
the rights and realm before me, {89} and the revelations of Jesus
Christ to guide me into all truth, I had good reasons to enter into
the blessings and privileges of an American citizen, the rights
of a Green Mountain Boy, unmolested, and enjoy life and religion
according to the most virtuous and enlightened customs, rules, and
etiquette of the nineteenth century. But, to the disgrace of the
United States, it is not so. These rights and privileges, together
with a large amount of property, have been wrested from me, and
thousands of my friends, by lawless mobs in Missouri, supported by
executive authority; and the crime of plundering our property, and
the unconstitutional and barbarous act of our expulsion, and even
the inhumanity of murdering men, women, and children, have received
the_ pass-word of "justifiable"_ by legislative enactments; and the
horrid deeds, doleful and disgraceful as they are, have been paid
for by Government.

In vain have we sought for redress of grievances and a restoration
to our rights in the courts and legislature of Missouri. In vain
have we sought for our rights and the remuneration for our property
in the halls of Congress and at the hands of the President. The
only consolation yet experienced from these highest tribunals and
_mercy-seats_ of our bleeding country _is that our cause is just,
but the Government has no power to redress us_.

Our arms were forcibly taken from us by those Missouri marauders;
and, in spite of every effort to have them returned, the State of
Missouri still retains them: and the United States militia law,
with this fact before the Government, still compels us to military
duty; and, for a lack of said arms, the law _forces us to pay
fines._ As Shakespeare would say "_thereby hangs a tale._"

Several hundred thousand dollars' worth of land in Missouri was
purchased at the United States Land Offices in that district of
country and the money, without doubt, has been appropriated to
strengthen the army and navy, or increase the power and glory
of the nation in some other way. And notwithstanding Missouri
has robbed and mobbed me and twelve or fifteen thousand innocent
inhabitants, murdered hundreds, and expelled the residue, at
the point of the bayonet, without law, contrary to the express
language of the Constitution of the United States and every State
in the Union, and contrary to the custom and usage of civilized
nations, and especially one holding up the motto, "_The asylum of
the oppressed._" yet the comfort we receive to raise our wounded
bodies and invigorate our troubled spirits, on account of such
immense sacrifices of life, property, patience, and right, and as
an equivalent for the enormous taxes we are compelled to pay to
support these functionaries in a dignified manner, after we have
petitioned and pleaded with tears, and been showed like a caravan
of foreign animals, for the peculiar gratification of connoiseurs
in humanity, that flare {90} along in public life like lamps upon
lamp-posts, because they are better calculated for the schemes of
the night than for the scenes of the day, is, as President Van
Buren said, _Your cause is just, but Government has no power to
redress you_!

No wonder, after the Pharisee's prayer, the publican smote his
breast and said, "_Lord be merciful to me a sinner!"_ What must the
manacled nations think of freemen's rights in the land of liberty?
[7] * * *

Now, therefore, having failed in every attempt to obtain
satisfaction at the tribunals, where all men seek for it, according
to the rules of right, I am compelled to appeal to the honor
and patriotism of my native State--to the clemency and valor
of "Green Mountain Boys;" for throughout the various periods
of the world, whenever a nation, kingdom, state, family, or
individual has received an insult or an injury from a superior
force, (unless satisfaction was made,) it has been the custom
to call in the aid of friends to assist in obtaining redress.
For proof we have only to refer to the recovery of Lot and his
effects by Abraham in the days of Sodom and Gomorrah, or to turn
to the relief afforded by France and Holland for the achievement
of the Independence of these United States, without bringing up
the great bulk of historical facts, rules, laws, decrees, and
treaties, and Bible records, by which nations have been governed,
to show that mutual alliance for the general benefit of mankind
to retaliate and repel foreign aggressions. To punish and prevent
home wrongs, when the conservators of justice and the laws have
failed to afford a remedy, are not only common and in the highest
sense justifiable and wise, but they are also poorer expedients to
promote the enjoyment of equal rights, the pursuit of happiness,
the preservation of life, and the benefit of posterity.

With all these facts before me, and a pure desire to ameliorate the
condition of the poor and unfortunate among men, and, if possible,
to entice all men from evil to good, and with firm reliance that
God will reward the just, I have been stimulated to call upon my
native State for a "union of all honest men," and to appeal to the
valor of the "Green Mountain Boys" by all honorable methods and
means to assist me in obtaining justice from Missouri, not only for
the property she has stolen and confiscated, the murders she has
committed among my friends, and for our expulsion from the State,
but also to humble and chastise or abase her for the disgrace she
has brought upon constitutional liberty until she atones for her
sins.

I appeal also to the fraternity of brethren who are bound by
kindred ties to assist a brother in distress in all cases where it
can be done according {91} to the rules of order, to extend the
boon of benevolence and protection in avenging the Lord of His
enemies, as if a Solomon, a Hiram, a St. John, or a Washington
raised his hands before a wondering world, and exclaimed, "My life
for his!" Light, liberty, and virtue forever!

I bring this appeal before my native State, for the solemn reason
that an injury has been done, and crimes have been committed,
which a sovereign State, of the Federal compact, one of the great
family of _"E pluribus unum,"_ refuses to compensate, by consent
of parties, rules of law, customs of nations, or in any other way.
I bring it also because the National Government has fallen short
of affording the necessary relief, as before stated, _for want of
power,_ leaving a large body of her own free citizens, whose wealth
went freely into her treasury for lands, and whose gold and silver
for taxes still fills the pockets of her dignitaries "in ermine and
lace," defrauded, robbed, plundered, ravished, driven, exiled, and
banished from the "Independent Republic of Missouri!"

And in the appeal let me say, Raise your towers, pile your
monuments to the skies, build your steam frigates, spread
yourselves far and wide, and open the iron eyes of your bulwarks
by sea and land; and let the towering church steeples marshal
the country like the dreadful splendor of an army with bayonets.
But remember the flood of Noah; remember the fate of Sodom and
Gomorrah; remember the dispersion and confusion at the tower of
Babel; remember the destruction of Pharaoh and his hosts; remember
the handwriting upon the wall, _"Mene, mene, tekel upharsin;"_
remember the angel's visit to Sennacherib, and the one hundred and
eighty-five thousand Assyrians; remember the end of the Jews and
Jerusalem, and remember the Lord Almighty will avenge the blood of
His Saints that now crimsons the skirts of Missouri! Shall wisdom
cry aloud, and her speech not be heard?

Has the majesty of American liberty sunk into such vile servitude
and oppression, that justice has fled? Have the glory and influence
of a Washington, an Adams, a Jefferson, a Lafayette, and a host
of others, forever departed; and the wrath of a Cain, a Judas,
and a Nero whirled forth in the heraldry of hell, to sprinkle our
garments with blood, and lighten the darkness of midnight with the
blaze of our dwellings? Where is the patriotism of '76? Where is
the virtue of our forefathers? and where is the sacred honor of
freemen!

Must we, because we believe in the fullness of the Gospel of Jesus
Christ, the administration of angels, and the communion of the Holy
Ghost, like the Prophets and Apostles of old,--must we be mobbed
with impunity, be exiled from our habitations and property without
{92} remedy, murdered without mercy, and Government find the
weapons and pay the vagabonds for doing the jobs, and give them the
plunder into the bargain? Must we, because we believe in enjoying
the constitutional privilege and right of worshiping Almighty God
according to the dictates of our own consciences, and because we
believe in repentance, and baptism for the remission of sins, the
gift of the Holy Ghost by the laying on of hands, the resurrection
of the dead, the millennium, the day of judgment, and the Book of
Mormon as the history of the aborigines of this continent,--must
we be expelled from the institutions of our country, the rights of
citizenship and the graves of our friends and brethren, and the
Government lock the gate of humanity and shut the door of redress
against us? If so, farewell freedom! adieu to personal safety! and
let the red hot wrath of an offended God purify the nation of such
sinks of corruption; for that realm is hurrying to ruin where vice
has the power to expel virtue.

My father, who stood several times in the battles of the American
Revolution, till his companions in arms had been shot dead at
his feet, was forced from his home in Far West, Missouri, by
those civilized--or satanized--savages, in the dreary season of
winter, to seek a shelter in another State; and the vicissitudes
and sufferings consequent to his flight brought his honored grey
head to the grave a few months after. And my youngest brother
also, in the vigor and bloom of youth, from his great exposure and
fatigue in endeavoring to assist his parents on their journey, (I
and my brother Hyrum being in chains, in dungeons, in Missouri,
_where they tried to feed us with--human flesh_) was likewise
so debilitated that he found a premature grave shortly after
my father; and my mother, too, though she yet lingers among
us, from her extreme exposure in that dreadful tragedy, was
filled with rheumatic affections and other diseases, which leave
her no enjoyment of health. She is sinking in grief and pain,
broken-hearted, from Missouri persecution.

O death! wilt thou not give to every honest man a heated dart to
sting those wretches while they pollute the land? And O Grave! wilt
thou not _open the trap door_ to the pit of ungodly men, that they
may stumble in?

I appeal to the "Green Mountain Boys" of my native State to rise in
the majesty of virtuous freemen, and by all honorable means help
to bring Missouri to the bar of justice. If there is one whisper
from the spirit of Ethan Allen, or a gleam from the shade of a
General Stark, let it mingle with our sense of honor and fire our
bosoms for the cause of suffering innocence, for the reputation of
our disgraced country, and for the glory of God; and may all the
earth bear me witness, if Missouri--blood-stained Missouri, escapes
the due merit of her {93} crimes--the vengeance she so justly
deserves--that Vermont is a hypocrite, a _coward_ and this nation
the hotbed of political demagogues!

I make this appeal to the sons of liberty of my native State for
help to frustrate the wicked designs of sinful men. I make it to
hush the violence of mobs. I make it to cope with the unhallowed
influence of wicked men in high places. I make it to resent the
insult and injury made to an innocent, unoffending people, by a
lawless ruffian State. I make it to obtain justice where law is
put at defiance. I make it to wipe off the stain of blood from our
nation's escutcheon. I make it to show presidents, governors, and
rulers prudence. I make it to fill honorable men with discretion.
I make it to teach senators wisdom. I make it to teach judges
justice. I make it to point clergymen to the path of virtue. And
I make it to turn the hearts of this nation to the truth and
realities of pure and undefiled religion, that they may escape the
perdition of ungodly men; and Jesus Christ, the Son of God, is my
Great Counselor.

Wherefore let the rich and the learned, the wise and the noble, the
poor and the needy, the bond and the free, both black and white,
take heed to their ways, and a leave to the knowledge of God, and
execute justice and judgment upon the earth in righteousness, and
prepare to meet the judge of the quick and the dead, for the hour
of His coming is nigh.

And I must go on as the herald of grace,
Till the wide-spreading conflict is over.
And burst through the curtains of tyrannic night;
Yes, I must go on to gather our race,
Till the high blazing flame of Jehovah
Illumines the globe as a triumph of right.

As a friend of equal rights to all men, and a messenger of the
everlasting Gospel of Jesus Christ, I have the honor to be,

Your devoted servant,

JOSEPH SMITH.

Sidney Rigdon spoke.

Parley P. Pratt confessed he was wrong in one thing in Missouri; that is, he left alive, and left them alive; and asked forgiveness, and promised never to do so again.

Parley P. Pratt offered to deliver the President's "Appeal to the Green Mountain Boys" to all the large towns in New York, if he could have a copy.

The President offered a copy and it was voted that {94} Elder Pratt shall have this mission granted him, and voted in addition that he go to all the towns in Vermont.

The Chairman [Brigham Young] spoke.

The Mayor [President Smith] spoke. Said he rose to make a confession, that he used all his influence to prevent the brethren from fighting when mobbed in Missouri. If I did wrong, I will not do so any more. It was a suggestion of the head. He would never do so again; but when the mobs come upon you, kill them. I never will restrain you again, but will go and help you.

The Chairman [Brigham Young] spoke again; acknowledged his wrong; said he would never put his hand on Brother Hosea Stout's shoulder again to hold him back when he was abused.

John Taylor spoke of Missouri; said he would never submit to such treatment again.

Mayor [President Smith] spoke again. If I do not stand with those who will stand by me in the hour of trouble and danger, without faltering, I give you leave to shoot me. [8]

Mayor read a letter in reply to one he wrote to Henry Clay.

Parley P. Pratt stated that the history of the persecution was put into the hand of Henry Clay.

{95} Moved by Joseph Smith, That every man in the meeting who could wield a pen write an address to his mother country. Carried.

Mayor read the Memorial to Congress. The State rights doctrines are what feed mobs. They are a dead carcass--a stink, and they shall ascend up as a stink offering in the nose of the Almighty.

They shall be oppressed as they have oppressed us, not by "Mormons," but by others in power. They shall drink a drink offering, the bitterest dregs, not from the "Mormons," but from a meaner source than themselves. God shall curse them.

Adjourned till next Monday evening, early candle-light.

At ten, a.m., rode out with Mr. Jackson. At home most all day.

The "Appeal to the Green Mountain Boys" sent to press.

Severe frost, so that the ice is on the water in the house.

W. L. D. Ewing writes to Major John Bills--

_Letter: W. L. D. Ewing, State Auditor, Illinois, to Major John
Bills--Legion Affairs._

The foregoing opinions constitute my reason for refusing to issue
the warrants in your favor. I am not satisfied myself entirely
of the correctness of the opinions of the Attorney-General. If
you should be dissatisfied with the decision, I would advise you
to raise the question before the Supreme Court, which will be in
session on the 2nd Monday of December. I am the more anxious that
this should be done because I wish to be satisfied whether I was
correct or not in issuing warrants to you in the spring. Be pleased
to advise me on the subject.

Respectfully,

W. L. D. EWING, Auditor.

Enclosing the opinion of the Attorney-General, Josiah Lamborn, as follows:--

_Letter: J. Lamborn, Attorney General of Illinois--Legal Opinion of
Above._

SPRINGFIELD, ILLINOIS, Nov. 30, 1843.

I have examined the claim of J. C. Bennett as brigade-inspector of
the Nauvoo Legion, and it is my opinion that the claim should be
disallowed.

{96} The Legislature, in giving authority for the organization of a
body of "independent military men" at Nauvoo, intended, no doubt,
that all expenses, &c., except "their proportion of public arms,"
should be defrayed by the city and its privileged Legion.

They occupy a novel position, disconnected from the military
communities of the whole State, and in no way subject to the
regular military officers, possessing an exemption even from
subjection to the general military laws, with a law-making power
invested in their own Legion. It is not reasonable to suppose that
the Legislature would confer so many exclusive favors, and yet pay
those who profit by this condition of things as much as is paid to
regular militia officers.

In the absence of any express provision by law to authorize the
payment of the claim, I can see nothing from which an authority of
the kind could be derived, and therefore advise accordingly.

J. LAMBORN, Attorney-General.

And copy of letter from J. N. McDougall to General W. L. D. Ewing:--

_Letter: J. N. McDougall to State Auditor._

SPRINGFIELD, ILLINOIS, Nov. 30, 1843.

_General W. L. D. Ewing, Auditor, &.c._--

I have examined the claim of John Bills, brigade-major of the
Nauvoo Legion, for services under the 53rd section of the militia
law, and have arrived at the conclusion that the Nauvoo Legion
are not to be considered as a part of the regular militia of this
State, and that the general law has no further application to
them than is expressly provided for in the law authorizing their
organization. The law providing for the organization of the Legion
making no provision for the payment of its officers by the State,
it is my opinion that the above claim ought not to be audited.

The Legion was organized by the City Council, is subject to
their control for the purpose of enforcing their ordinances. It
is entirely independent of the general military law, may have a
different organization, make laws for its own government, and seems
evidently designed to sustain the municipal authorities of Nauvoo.
If there are expenses to be paid, the municipality of which they
form a very important element, must meet them. I am, with great
respect,

Your obedient servant,

J. N. McDOUGALL.

Mr. Ewing reported to Major Bills that the returns made {97} out [for Mr. Bills], and sent to the State Department, were the best reports by any brigade-major in the State, and did him great credit: the refusal to pay him for his services is a mere pretext, as the Nauvoo Charter requires that the Nauvoo Legion shall perform the same amount of duty as is now or may hereafter be required of the regular militia of the State, and shall be at the disposal of the Governor for the public defense and the execution of the laws of the State, and be entitled to their proportion of the State arms; and were it not for the prejudice against us on account of our religion, his claim would have been paid without a word of complaint.

Footnotes:

1. The omitted part of the letter is a paragraph in which are quoted a number of foreign phrases from Egyptian, Hebrew, Greek, German, Portuguese and other tongues; which are in no way germane to the subject discussed, but are a mere pedantic display, doubtless admitted, in this instance, in a spirit of humor by President Smith, as an offset to Bennett's assumption of so lofty an intellect--a mind of "so mathematical and philosophical a cast--that the divinity of Moses," etc., made no "impression" on him. The display of foreign phrases was doubtless the work of W. W. Phelps, who had some smattering knowledge of languages, which he was ever fond of displaying. Unfortunately similar displays were injected into President Smith's appeal to his native state--Vermont; and his paper, "Views of the Powers and Policy of the Government of the United States." These injections were also doubtless the work of Elder Phelps, who was one of the Prophet's clerks and amanuenses when the documents named above were prepared. Because these displays of pedantry mar these documents, and are in no way germane to the subjects of which they treat, and are not really the work of President Smith, they are omitted from the papers referred to as published in this HISTORY, the omission being indicated by ellipses signs.

2. Not in the blasphemous sense attributed to him by some anti-Mormon writers; namely, that God was subordinate to him--his right hand man (See Riley's "Founder of Mormonism" Ch. X); but in the sense of the passage near the close of his address to "The Green Mountain Boys" (this chapter)--"And Jesus Christ, the son of God, is my Great Counselor"--reverently said.

3. The General Government finally constructed a canal around the rapids at a cost of $4,582,000, completing the work in 1877. The canal is seven and a half miles in length and has in it three locks, overcoming the obstruction in river navigation which the Des Moines rapids in early days presented. It is called the Des Moines Rapids Canal.

4. This Col. Frierson resided at Quincy, was a political representative of John C. Calhoun, then an active aspirant for the presidency of the United States. See letter of Joseph L. Heywood, pp. 62, 63.

5. The reason Col. John Frierson interested himself in this matter was that Hon. R. B. Rhett a representative in the National Congress from South Carolina, and a political friend of John C. Calhoun, had expressed a willingness to present to Congress a memorial for a redress of grievances suffered by the Saints in Missouri; and of course all this in the interest of Calhoun as candidate for President. See pp. 62-63; also _Nauvoo Neighbor_ for the 5th June, 1844.

6. This is an error. Col. Frierson has confounded two incidents--the "Battle" at Crooked River, and a movement in Daviess county. General Doniphan gave no orders in respect of the skirmish in which David Patten lost his life, usually called the "Battle of Crooked River;" but he and also General Park gave some orders to Col. Wight d Col. Hinkle in relation to movements of militia in Daviess County against Millport and Gallatin. (See Vol. III, Ch. XII.)

7. The omission here indicated is the paragraph of foreign phrases not germane to the matter as explained in the footnote at page 75.

8. Relative to the spirit of this meeting in Nauvoo on the 29th of November, 1843; and also of many of the articles published as Editorials, and letters that were written about this time to public men, the reader should be reminded that these leading brethren of the Church were speaking and writing under a great stress of feeling--under a sense of outraged justice. Their minds had been refreshed and their feelings again wrought up by the detailed recital of the acts of injustice endured in Missouri by the Memorial to congress drawn up by Colonel Frierson; and under such circumstances it is scarcely to be expected that strong men will not give expression to the vehemence they feel. Edmund Burke once said in defense of the rashness expressed in both speech and action of some of the patriots of the American Revolution, that "_It is not fair to judge the temper or the disposition of any man or set of men when they are composed and at rest from their conduct or there expressions in a state of disturbance and irritation."_ The justice of Burke's assertion has never been questioned, and without any wresting whatsoever it may be applied to the prominent Church leaders on the occasion of this meeting at Nauvoo; and, moreover, they saw again forming those mobocratic tendencies in Illinois from which they had suffered in Missouri.

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