Chapter XXX: Section 1: Be it ordained by the Senate and House of

Representatives of the United States of America, in Congress
Assembled,_ that Joseph Smith, of the city of Nauvoo, in the State
of Illinois, is hereby authorized and empowered to raise a company
of one hundred thousand armed volunteers in the United States and
Territories, at such times, and places and in such numbers, as he
shall find necessary and convenient for the purposes specified in
the foregoing preamble, and to execute the same.

Sec. 2. _And be it further ordained_ that if any person or persons
shall hinder or attempt to hinder or molest the said Joseph Smith
from executing his designs in raising said volunteers, and marching
and transporting the same to the borders of the United States and
Territories, he, or they so hindering, molesting, or offending,
shall be punished by a fine not exceeding one thousand dollars
each for every offense, or by hard labor on some public work not
exceeding two years, or both, at the discretion of the nearest
District Court of the United States, where the hindrance or offense
shall be committed, having jurisdiction.

Sec. 3. _And be it further ordained,_ the more fully to remove
all obstructions and hindrances to the raising, enlisting, and
marching the volunteers as aforesaid, the said Joseph Smith is
hereby constituted a member of the army of these United States, and
is authorized to act as such in the United States and Territories,
and on all lands bordering upon the United States and Territories,
for the purposes specified in the foregoing preamble, provided
said land shall not be within the acknowledged jurisdiction of any
acknowledged national government.

Sec. 4._ And be it further ordained_ that nothing in this ordinance
shall be so construed by any individual or nation to consider
the volunteers aforesaid as constituting any part of the army
of the United States; neither shall the said Joseph Smith, as a
member of the United States army, disturb the peace of any nation
or government acknowledged as such, break the faith of treaties
between the United States and any other nation, or violate any
known law of nations, thereby endangering the peace of the United
States.

Sec. 5. _And be it further ordained,_ that the said Joseph Smith
shall confine his operations to those principles of action
specified in the preamble to this ordinance, the perpetuity
of which shall be commensurate with the circumstances and
specifications which have originated it.

And your memorialist will ever pray, &c.

JOSEPH SMITH.

CITY OF NAUVOO, ILLINOIS, March 26, 1844.

{278} Dr. Willard Richards wrote to the Saints at Augusta, Lee County, Iowa, requesting a brief history of the settling of that branch, and also asking a donation of lumber for his house.

In the afternoon, Abiathar B. Williams made the following affidavit before Daniel H. Wells, Esq:--

_Affidavit of Abiathar B. Williams, Concerning a Conspiracy against
the Prophet_.

STATE OF ILLINOIS,

HANCOCK COUNTY, ss.

Personally appeared before me, Daniel H. Wells, Acting Justice of
the Peace in and for the said county, Abiathar B. Williams, who
being duly sworn according to law, deposeth and saith that on or
about the 15th day of March, A. D., 1844, Joseph H. Jackson came to
my house and requested me to walk with him; which I did. During the
time we were walking, said Joseph H. Jackson said that he was then
coming direct from Mr. Law's; that there was going to be a secret
meeting in the city of Nauvoo, probably tomorrow evening: but, as
it was not decided, he could not say positively as to the time; but
he would inform me in season. The said Joseph H. Jackson said that
Doctor Foster, Chauncey L. Higbee, and the Laws were red hot for a
conspiracy, and he should not be surprised if in two weeks there
should not be one of the Smith family left alive in Nauvoo. After
we arrived at Mr. Loomis', near the Masonic hall, in the city of
Nauvoo, he related some things which he stated that Dr. Foster had
said relative to his family. This he did in the presence of Mr.
Eaton and myself, and strongly solicited myself and Mr. Eaton to
attend the secret meeting and join them in their intentions. The
said Joseph H. Jackson further said that Chauncey Higbee had said
that he, the said Chauncey Higbee, had seen men tied hand and foot,
and run through the heart with a sword, and their heads taken off,
and then buried; and he durst not say a word. This the said Jackson
said in Mr. Loomis' room. And further this deponent saith not.

A. B. WILLIAMS.

Sworn to and subscribed before me this 27th day of March, A. D.
1844.

[L. S.]

DANIEL H. WELLS, J. P.

Also M. G. Eaton made affidavit as follows:--

{279} _Affidavit of M. G. Eaton--A conspiracy Against Joseph Smith_.

STATE OF ILLINOIS,

HANCOCK COUNTY, ss.

Personally appeared before me, Daniel H. Wells, an acting Justice
of the Peace, in and for the said county, M. G. Eaton, who being
duly sworn according to law, deposeth and saith that on or about
the fifteenth day of March, A. D. 1844, Joseph H. Jackson came to
me several times and requested me to go on the hill with him. I
finally consented went with him to the Keystone Store, in the city
of Nauvoo. Dr. Foster and one of the Higbees (I think Chauncey L.
Higbee) were in the store. The said Joseph H. Jackson, together
with the said R. D. Foster and said Higbee, went into the back room
of the store. They appeared to enter into private council. Soon
after they went into the said room, the said Joseph H. Jackson
invited me into the room where they were sitting. I immediately
complied.

Soon after I went in, the said Higbee commenced talking about the
spiritual wife system. He said he had no doubt but some of the
Elders had ten or twelve apiece. He said they married them, whether
the females were living or not; and they did it by recording the
marriage in a large book, which book was sealed up after the record
was made, and was not to be opened for a long time,--probably not
till many of the husbands of those who were thus married were dead.
They would then open the book and break the seals in the presence
of those females, and when they saw their names recorded in that
book they would believe that the doctrine was true and they must
submit. He said this book was kept at Mr. Hyrum Smith's. I asked
the Chauncey L Higbee. * * * * *

[Here follows some expressions too indecent for insertion.]

The aforesaid R. D. Foster then asked me what I would think, if,
during my absence from home, a carriage should drive up to my
house, a person alight, and the carriage then drive off again; this
person should then go into my house and begin to tell my wife a
great many things against me to prejudice her mind against me, and
use every possible means to do this, and finally would introduce
and preach the spiritual wife doctrine to her, and make an attempt
to seduce her; and further, this person should sit down to dine
with my wife, bless the victuals, &c.; and while they were thus
engaged, I should come home and find them thus associated, this
person should rise up and say, "How do you do?" and bless me in a
very polite manner, &c.; and also if, upon these appearances, I
should feel jealous that something was wrong, and when the person
was {280} gone I would ask my wife what had been the conversation
between her and this person, but she would refuse to tell me; I
then draw a pistol and present it to her head and threaten to shoot
her if she did not tell me all, but she would still refuse: I then
would give her a double-barrelled pistol, and say to her, "Defend
yourself; for if you don't tell me, either you or I would shoot"
she would then faint away through fear and excitement, and when she
came to again, she would begin and tell how this person had been
trying to poison your wife's mind against you, and, by preaching
the spiritual wife system to her, had endeavored to seduce her. I
replied, I should think he was a rascal: but who has had such a
trial as that? The said R. D. Foster answered that he was the man
who had had that trial, and who had been thus abused.

The said Dr. Foster, Higbee, and Joseph H. Jackson then remarked
that they were about to hold a secret meeting to oppose and try to
put a stop to such things. The said Joseph H. Jackson also said
that if any person undertook to arrest him, he should begin to cut
them.

The said R. D. Foster further said he was afraid of his life, and
dared not be out at nights.

The said Higbee said he had not a doubt but there had been men
killed in Missouri who had secrets that they were afraid they would
divulge. He said he was afraid of his life.

The said Jackson further said he should not be surprised if there
should be a real muss and an insurrection in the city in less
than two months; and that if a disturbance should take place, the
Carthaginians and others would come and help them.

He mentioned some names of persons who would come from Carthage,
which names I do not remember. The same day, when in Mr. Loomis'
room, I heard the said Jackson say that the Laws were ready to
enter into a secret conspiracy, tooth and nails.

The said Higbee also said, while at the Keystone Store, that if
ever he was brought before the Mayor's court again, and the Mayor
told him to hold his tongue, he should get up and tell him he had a
right to speak, and should do so; and then if any man attempted to
put him out of court, he would shoot him through. And further this
deponent saith not.

M. G. EATON.

Sworn to and subscribed before me, this 27th day of March, A. D.,
1844.

[L. S.]

DANIEL H. WELLS, J. P. [1]

{281} This evening, Dr. Reynolds, of Iowa City, lectured on astronomy in the assembly room.

_Thursday, 28.--_Dull day, drizzling rain, cold north-east wind.

Transferred the trial of Ianthus Rolfe to Aaron Johnson, J. P.

This afternoon, had the assembly room and office plastered where the same had been knocked off, &c.

_Friday, 29.--_Night boisterous: about eight, a.m., hailstorm, northeast wind, nipping frost; frost, hail, and strong wind all day.

Spent the day at home.

[Sidenote: The Robbery at Rollasson's Store in Nauvoo.]

_Saturday, 30.--_This morning I heard there was some disturbance on the hill; I rode up and found it reported that a robbery had been committed at the Keystone Store, kept by Mr. Rollasson, of some $400 or $500, and some goods, and they were suspicious of a certain black man. I issued a search-warrant and returned to my office, where I found the black man, -- Chism, with his back lacerated from his shoulders to his hips, with twenty or more lashes. My clerk, Dr. Richards, kept him secreted, and called Aaron Johnson, a justice of the peace, who issued a warrant for -- --, a Missourian, who had boarded at my house a few days, and on testimony fined him $5 and costs for whipping -- Chism. One Easton, a witness, said he could not testify without implicating himself, and he was apprehended and held in custody. W. H. J. Marr, Esq., refused to testify, because he was counsel.

[Sidenote: Memorial to the President of the United States.]

I got prepared a memorial to his Excellency John Tyler, {282} the President of the United States, embodying in it the same sentiments as are in my Petition to the Senate and House of Representatives of the United States, dated 26th March, 1844, asking the privilege of raising 100,000 men to extend protection to persons wishing to settle Oregon and other portions of the territory of the United States, and extend protection to the people in Texas.

_Sunday, 31.--_Cold, fine day.

At home this morning until nine, when I went over to my reading-room, again heard read and signed my memorial to Congress for the privilege of raising 100,000 volunteers to protect Texas, Oregon, &c., dated 26th instant; and also a memorial to the President for the same purpose, if the other fail.

Also signed an introductory letter to Elder Orson Hyde, who is going to carry the memorials [2] to Washington as follows:--

{283} _"Credentials of Orson Hyde, Agent to Present the Prophet's
Memorial to Congress_.

CITY OF NAUVOO, ILLINOIS, March 30, 1844.

_To whom it may concern:_ We, the Mayor and Recorder of said city,
do certify that Orson Hyde, Esq. the bearer, a Councilor in the
City Council of said city, is sent as our agent, by the authorities
of said city, to transact such business as he may deem expedient
and beneficial for the party whom he represents; and such agent
and gentleman of principle and character, he by us is recommended
to the due consideration of all the executive officers of the
Government, both houses of Congress, and gentlemen generally of the
United States.

In witness whereof, we have hereunto set our hands and affixed the
seal of said corporation at the time and place aforesaid.

[CORPORATION SEAL.]

JOSEPH SMITH, Mayor.

WILLARD RICHARDS, Recorder.

About this time, Brother Alexander Mills, one of the police, informed me that Chauncey L. Higbee drew a pistol on him the night before, and threatened to shoot him. I instructed him to make complaint to Esquire Wells, and have him apprehended.

Footnotes:

1. In addition to these affidavits the Prophet was apprised by two young men Denison L. Harris and Robert Scott, the latter living in the family of William Law, of a secret movement then on foot to take his life, and the lives of several other leading men in the Church, among them the Prophet's brother, Hyrum. These young men were invited to the secret meetings by the conspirators, but before going conferred with the Prophet, who told them to go, but to take no part in the proceedings of these wicked men against himself. They carried out his instructions, and at the risk of their lives attended the secret meetings three times, and brought to President Smith a report of what they had witnessed. A full account of this conspiracy written by Horace Cummings--the narrative being detailed to him by Dennison L. Harris--was published in the _Contributor,_ for April, 1884.

2. President Smith's memorial to Congress, of the 26th of March, asking to be appointed "a member of the army of these United States," to be authorized "to raise 100,000 armed volunteers" to police the inter-mountain and Pacific slope west, was presented to the House of Representatives by Mr. John Wentworth, of Chicago, where the following occurred with reference to it:

MORMONS:

"Mr. Wentworth asked permission to present a memorial from Gen. Joseph Smith, the head of the Mormons, and required that it might be read by the clerk for the information of the House.

"The clerk commenced the reading of the memorial.

"Before the reading was concluded.

"Mr. J. R. Ingersoll interposed, and objected a the reception at first, and still objected.

"Mr. Weber observed that if memorials of this kind were to be read, he was entrusted with the presentation of one of a peculiar character, from certain city of Frederick county, Md.

"Mr. Wentworth said he would move a suspension of the rules to enable him to have the paper read; and he wished a inquire of the chair whether it would be in order for him to assign him reasons for making such a motion.

"Mr. Duncan observed, if the gentleman would yield him the floor, he would move to suspend the rules, to go into committee of the whole on the Oregon bill.

"Mr. Wentworth said that, as he had the floor, he would make the motion. Mr. Wentworth then moved that the rules be suspended, for the purpose of going into committee of the whole on the Oregon Bill.

"The Speaker said that the question would be put on suspending the rules to go into committee of the whole. If that motion prevailed, the gentleman could move to take up any bill he pleased.

"Mr. Vance called for the yeas and nays on the question; which were ordered.

"Mr. McKay inquired if the House should refuse to go into committee of the whole, if it could by postponement of the previous orders, take up the naval appropriation bill which had been reported from the committee of the whole.

"The speaker said a motion to that effect would require a vote of two-thirds.

"The question was put on suspending the rules and rejected--yeas 79, nays 86." ("Congressional Globe" for May 25th, 1844. Vol. 13, No. 39, p. 624.)

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