Chapter V

THE AVERY KIDNAPPING--DEFENSIVE PREPARATIONS AGAINST MISSOURI MOBS--APPEALS TO THE GENERAL GOVERNMENT FOR PROTECTION--NAUVOO LEGION OFFERED AS UNITED STATES TROOPS.

_Friday, December 1, 1843.--_At home. In the evening, walking out and administering to the sick.

At noon, Dr. Willard Richards called on me to get a petition to Congress for an appropriation to improve the Rapids.

[Sidenote: Progress of the Work.]

I continue to receive letters from Elders in the different States, giving news of the progress of the work.

Clear and cold day. Some ice floating in the river.

_Saturday 2.--_Prayer-meeting from one to six p.m., in the assembly room over the store. Orson Hyde, Parley P. Pratt, Wilford Woodruff, George A. Smith, and Orson Spencer received their endowments and further instructions in the Priesthood. About thirty-five persons present.

A conference was held at Alexander in Genesee county, New York. Ten branches, containing 44 Elders and 206 members, were represented. Two High Priests, one Seventy, 21 Elders and one Deacon present.

[Sidenote: Hyrum Smith Meets with an Accident.]

_Sunday, 3.--_I arrived at the assembly room [1] about noon: found all present, except Hyrum and his wife. He had slipped and turned his knee-joint backward, and sprained the large muscle of his leg, and I had been ministering unto him. Emma had been unwell during the night. After the meeting was organized, William W. Phelps {99} read my "Appeal to the Green Mountain Boys," which was dedicated by prayer after all had spoken upon it. We also prayed for Nathan Pratt, who was very sick, Hyrum, and others. I afterwards instructed them in the things of the Priesthood.

_Monday, 4.--_At six in the evening, I attended the adjourned meeting of citizens in the assembly room, which was crowded with a select congregation. Many could not get admission. There were two Missourians present. I made some observations at the opening of the meeting, requested them to be calm and cool, but let the spirit of '76 burn in their bosoms, and when occasion requires, say little, but act; and when the mob comes, mow a hole through them.

My "Appeal to the Green Mountain Boys" was read by W. W. Phelps.

Elder Parley P. Pratt read his "Appeal to the State of New York."

[Sidenote: Number of the Prophet's Vexatious Lawsuits]

My clerk, Willard Richards, read the memorial to Congress, when the assembly unanimously voted their approbation of the memorial, when I spoke two-and-a-half hours, relating many circumstances which transpired in Missouri, not mentioned in the memorial. I have already had thirty-eight vexatious lawsuits, and have paid Missouri $150,000 for land. I borrowed $500 of Judge Young in Washington, to pay the expenses of the party that accompanied me, and had to borrow of others.

Daniel Avery and his son were kidnapped from the neighborhood of Warsaw by a company of Missourians, assisted by some anti-Mormons of this county, and carried into Missouri. [2]

_Tuesday, 5.--_Six p.m., met the Twelve, also Phelps, Clayton, and Turley, in council, in the office, on important business.

{100} Advised the Twelve to raise money to send to Elder Hyde, who is east, for him to get paper to print the Doctrine and Covenants, and get new type and metal for stereotyping the same.

_Wednesday, 6.--_At home and took the following affidavit:--

_Chapman's Affidavit in the Avery Case._

STATE OF ILLINOIS,

CITY OF NAUVOO. ss.

On the sixth day of December, in the year of our Lord one thousand
eight hundred and forty-three, came Delmore Chapman before me,
Joseph Smith, mayor of said city; and after being duly sworn,
deposeth and saith that on the nineteenth day of November, 1843, a
man named Richardson came to one of his neighbors living in Bear
Creek precinct, in the county of Hancock, named Philander Avery,
and enticed him to the Mississippi at Warsaw, by false pretenses;
and from thence by a company he was forced over the river and
taken to Monticello jail; and that on the second day of December,
some of the same party and others came to the aforesaid Bear Creek
and kidnapped Daniel Avery, the father of the aforesaid Philander
Avery, and by force of arms hurried him across the said Mississippi
river into the State of Missouri, to aforesaid jail at Monticello,
Lewis county, where your said affiant verily believes they are both
now incarcerated illegally and inhumanly in prison; and further
report says that some of them are to come to Nauvoo next, to kidnap
Nelson Turner; and further your affiant saith not.

DELMORE CHAPMAN.

Subscribed and sworn to before me, this sixth day of December, 1843.

JOSEPH SMITH, Mayor.

Upon which I wrote to his Excellency Thomas Ford:--

LETTER--PRESIDENT JOSEPH SMITH TO GOVERNOR FORD.

NAUVOO, December 6, 1843.

SIR:--The enclosed affidavit is forwarded to your Excellency for
instructions to know what shall be done in the premises. I shall
act according to the best of my judgment, constitutionally, till I
receive your instructions, and in the meantime shall forward, as
soon as they can be had, all the facts relative to the case as a
suitable person will go {101} immediately to the place and get the
necessary affidavits. Send your instructions by the bearer.

Respectfully, I have the honor to be,

Your obedient servant,

JOSEPH SMITH,

Lieutenant-General of N. L.

P. S. Shall any portion of the Legion be called out?

N. B. An express has just reached me that Governor Reynolds will
make another demand for me. I rely on the honor of Illinois, for
no writ can legally issue against me. I have suffered from their
insatiable thirst for my blood long enough, and want the peace of
my family to remain undisturbed.

_Wednesday, 6_.--Esquire Goodwin and others, not members of the Church, petitioned the Governor not to help Missouri to persecute the Saints.

_Thursday, 7.--_At eleven a.m. a meeting of the citizens of Nauvoo was held. The minutes of which I extract from the _Neighbor_ as follows:--

PUBLIC MEETING AT NAUVOO.

At a meeting of the citizens of Nauvoo, held near the Temple, on
the 7th day of December, 1843, Alpheus Cutler was called to the
chair, and Willard Richards appointed secretary; whereupon, after
the object of the meeting was stated, a committee of three--namely,
W. W. Phelps, Reynolds Cahoon, and Hosea Stout, were appointed to
draft a preamble and resolutions expressive of the sentiments of
the people of the city of Nauvoo relative to the repeated unlawful
demands by the State of Missouri for the body of General Joseph
Smith, as well as the common, cruel practice of kidnapping citizens
of Illinois, and forcing them across the Mississippi river, and
then incarcerating them in the dungeons or prisons of Missouri. And
after a few minutes' absence they returned with the following:--

RESOLUTIONS.

Whereas, the State of Missouri, with the Governor at the head,
continues to make demands upon the executive of Illinois for the
body of General Joseph Smith, as we verily believe, to keep up a
system of persecution against the Church of Latter-day Saints,
for the purpose of justifying the said State of Missouri in her
diabolical, unheard of, cruel and unconstitutional warfare against
said Church of Latter-day Saints, and which she has practiced
during the last twelve years, whereby {102} many have been
murdered, mobbed and ravished, and the whole community expelled
from the State:

And also to heave dust in the eyes of the nation and the world,
while she, as a State, with the Government to back her, continues
to slip over the river to steal the property of the Latter-day
Saints, and kidnap the members of said Church to glut her
vengeance, malice, revenge, and avarice, and to make slaves of the
said captives or murder them: Therefore,

Resolved unanimously: As we do know that Joseph Smith is not guilty
of any charge made against him by the said State of Missouri,
but is a good, industrious, well-meaning, and worthy citizen of
Illinois, and an officer that does faithfully and impartially
administer the laws of the State, that we as citizens of Illinois,
crave the protection of the Constitution and laws of the country
as an _aegis_ to shield him, the said General Joseph Smith, from
such cruel persecutions, beseeching the Governor of Illinois not
to issue any more writs against the said General Joseph Smith, or
other Latter-day Saints (unless they are guilty), but to let the
Latter-day Saints "breathe awhile like other men," and enjoy the
liberty guaranteed to every honest citizen by the Magna Charta of
our common country.

Resolved, That as citizens of the State of Illinois, we solicit
the attention of the Governor and officers generally of the State
to take some lawful means and measures to regain the citizens that
have been kidnapped by the Missourians, and to prevent the said
Missourians and government from committing further violence upon
the citizens of Illinois.

Resolved, as the sense of this meeting, That, according to the true
meaning of the law, those citizens of any section of country who do
not rise up as virtuous freemen (when any portion of inhabitants
congregate or combine to injure, slander, or deprive another
portion of their rights,) and magnify the law, to clear themselves
from such unhallowed attempts to subvert order and law, that they
by their silence make themselves accessories of the crime of such
unlawful assemblage or outrageous individuals.

Resolved, unanimously, That we solicit the Governor by all
honorable means to grant us peace, for we will have it.

ALPHEUS CUTLER, Chairman.

WILLARD RICHARDS, Secretary.

In the afternoon, Lucien Woodworth started with the papers to the Governor, and the petition from Goodwin and others, and Delmore Chapman's affidavit.

[Sidenote: Provision for German Meetings.]

{103} The German brethren met at the assembly room at six p.m., and choose Bishop Daniel Garn as their Presiding Elder, and organized to have preaching in their native language.

Directed copies of my Appeal to the various authorities of Vermont and the United States.

[Sidenote: Precautionary Steps against Missouri Invasion]

_Friday, 8.--_At eleven a.m. I went to my office and gave instructions to my clerk for the drawing of a draft of a dam on the Mississippi river, an directed that the city council be called at four this afternoon to make preparations for any invasion from Missouri.

Willard Richards and Philip B. Lewis made an affidavit, which I insert:--

_Richards' and Lewis' Affidavit_.

STATE OF ILLINOIS,

CITY OF NAUVOO. ss.

On the 8th day of December, 1843, came Willard Richards and Philip
B. Lewis before me, Joseph Smith, Mayor of said city, and after
being duly sworn, depose and say that they have been informed
that two men have been kidnapped recently by the Missourians, in
connection with some of the lawless inhabitants of the county of
Hancock, and that rumors are now afloat that it is the intention of
said lawless persons, in connection with the aforesaid Missourians,
to kidnap some of the citizens of this city; and further your
affiants would state that they are of opinion, to prevent
difficulties of such a vexatious nature, that something should be
done to secure the peace of this city from being disturbed. And
further your affiants say not.

WILLARD RICHARDS,

PHILIP B. LEWIS.

Subscribed and sworn to before me, this 8th day of December, 1843.

W. W. PHELPS, Clerk.

Whereupon I issued the following notification;--

_An Order to the City Marshal_.

STATE OF ILLINOIS,

CITY OF NAUVOO. ss.

_To the Marshal of said City, Greeting_:--

Whereas complaint has been made to me upon oath, that some persons
have been kidnapped by the Missourians, in connection with {104}
some of the lawless inhabitants of Hancock county, and that
threats have been made that some of the citizens of Nauvoo will be
kidnapped or arrested, and forcibly carried away from said city
without being allowed the benefit of the writ of _habeas corpus_,
according to the ordinance in such case made and provided, you
will therefore take the necessary measures to have the rights of
the citizens of this city held sacred, and the ordinances of said
city duly carried into full force and effect. To which end, should
you judge that the peace and safety of the city require it, you
are further notified to call for a suitable portion of the Nauvoo
Legion to be in complete readiness to compel obedience to the
ordinances of the said city.

Given under my hand and seal this 8th day of December, 1843.

JOSEPH SMITH, Mayor,

W. W. PHELPS, Clerk, M. C.

In consequence thereof, I received from the City Marshal;--

_The City Marshal's Reply_.

CITY OF NAUVOO, December 8, 1843.

SIR:--Your order to have the ordinances of this city fully carried
into effect will be duly attended to; but in order to so do, it
will be necessary for you as Mayor of the city, to issue orders
to Major General Wilson Law for a suitable portion of the Nauvoo
Legion to be in readiness to _compel obedience_ to said ordinances,
if necessary.

Respectfully, &c.,

HENRY G. SHERWOOD, City Marshal.

_To Joseph Smith, Mayor_.

And I issued:--

_Mayor's Order to the Commander of the Nauvoo Legion_.

"HEADQUARTERS NAUVOO LEGION,

CITY OF NAUVOO, Dec. 8, 1843.

The Marshal of this city having made a demand of me for a suitable
portion of the Nauvoo Legion to protect the rights of the citizens
and carry the ordinances of said city into full effect, you are
hereby directed and required to hold in readiness such portions of
the said Nauvoo Legion, which you have the honor to command, as may
be necessary to compel obedience to the ordinances of said city and
secure the peace of the citizens, and call them out, if occasion
require, without further notice.

With due regard, I have the honor to be

Your obedient servant,

JOSEPH SMITH,

Lieutenant-General. N. L.

_Major-General Wilson Law,_

Commanding Nauvoo Legion.

{105} Four p.m., attended City Council, which passed "An extra ordinance for the extra case of Joseph Smith and others."

_Special Ordinance in the Prophet's Case, vs. Missouri_.

Whereas, Joseph Smith has been three times arrested and three
times acquitted upon writs founded upon supposed crimes or charges
preferred by the State of Missouri, which acquittals were made
from investigations upon writs of _habeas corpus_--namely one in
the United States Court for the district of Illinois, one in the
Circuit Court of the State of Illinois, and one in the Municipal
Court of Nauvoo:

And whereas, a _nolle prosequi_ has once been entered in the courts
of Missouri upon all the cases of Missouri against Joseph Smith and
others:

And whereas, there appears to be a determined resolution by the
State of Missouri to continue these unjust, illegal, and murderous
demands for the body of General Joseph Smith:

And whereas, it has become intolerable to be thus continually
harassed and robbed of our money to defray the expenses of these
prosecutions:

And whereas, according to the Constitution of Illinois, "all men
are born equally free and independent, and have certain inherent
and indefeasible rights, among which are those of enjoying and
defending life and liberty, and of acquiring, possessing, and
protecting property and reputation, and pursuing their own
happiness:"

And whereas, it is our bounden duty, by all common means, if
possible, to put a stop to such vexatious lawsuits and save
expense: Therefore--

Section 1. Be it ordained by the City Council of the City of
Nauvoo, according to the intent and meaning of the Charter for the
"benefit and convenience" of Nauvoo, that hereafter, if any person
or persons shall come with process, demand, or requisition, founded
upon the aforesaid Missouri difficulties, to arrest said Joseph
Smith, he or they so offending shall be subject to be arrested by
any officer of the city, with or without process, and tried by the
Municipal Court, upon testimony, and, if found guilty, sentenced to
imprisonment in the city prison for life; which convict or convicts
can only be pardoned by the Governor, with the consent of the Mayor
of said city.

Section 2. And be it further ordained that the preceding section
shall apply to the case of every and all persons that may be
arrested, demanded, or required upon any charge founded in the
aforesaid Missouri difficulties.

Section 3. And be it further ordained that the jury that makes the
presentment, in any case above specified, shall not, nor either of
them, {106} act as jurors on the final trial; but the trial shall
be conducted according to the fifth and sixth articles of the
amendment to the Constitution of the United States.

Passed December 8, 1843.

JOSEPH SMITH, Mayor.

WILLARD RICHARDS, Recorder. [3]

The City Council also passed "An ordinance to erect a dam in the Mississippi river, and for other purposes."

_Ordinance Providing for the Erection of a Dam in the Mississippi_.

Section 1. Be it ordained by the City Council of the City of
Nauvoo, that Joseph Smith and his successors for the term of
perpetual succession are hereby authorized and empowered to erect
a dam, of suitable height to propel mills and machinery, from
any point within the limits of said city and below the Nauvoo
House, and in a proper direction to reach the island this side
of Montrose; but not to interfere with the main channel of the
Mississippi river.

Section 2. And be it further ordained that the said Joseph Smith
and his successors are further authorized to erect north of the
aforesaid island, a dam, pier, or breakwater to intersect the
sandbar above.

Section 3. Be it further ordained that said Joseph Smith and
his successors are also authorized and have full liberty to use
the said dam and water for the purpose of propelling mills and
machinery, and shall be governed in their rates of toll and rules
of manufactory by ordinance of said city.

Section 4. And be it further ordained that the said Joseph Smith
and his successors are further authorized and empowered to use the
space within the limits of the said dam as a harbor or basin for
steamboats and other water craft; and for which purpose they may
construct docks, wharfs, and landings, and receive such fees for
wharfage as may be regulated by ordinance of said city.