Chapter XIX

CASE OF JEREMIAH SMITH BEFORE MUNICIPAL COURT AT NAUVOO--AFFIDAVITS OF CRIMES OF CHAUNCEY L. HIGBEE--APPEARANCE OF THE "EXPOSITOR."

_Tuesday, 28.--_At home all day. Rain in the afternoon. The _Maid of Iowa_ started for the Iowa river at 11 a.m.

I received a letter from Mr. J. Bronder, dated Philadelphia, May 20th, expressing his strong desires that I should allow my name to stand as candidate for the Presidency of the United States, urging many reasons for his request.

_Wednesday, 29.--_At home. Rain in the morning.

[Sidenote: Arrest of Jeremiah Smith, by U.S. Authority.]

Luther W. Hicock, of Burlington, Iowa, came in and arrested Jeremiah Smith on a warrant issued by Nathanial Pope, Judge of the U. S. Circuit Court. During our conversation in the afternoon we learned to our mutual joy that Jeremiah Smith and I were of one origin.

Received the following letter:

_Letter: D. S. Hollister to Joseph Smith--Presidential Election
Matters_.

BALTIMORE, May 9th, 1844.

DEAR BROTHER JOSEPH.--From the time of my departure to that of my
arrival here on Saturday last, I was blessed with prosperity. The
feelings manifested by the passengers on the boat to St. Louis were
quite favorable.

At St. Louis I embarked on board the steamer _Valley Forge_, with
about 125 cabin passengers. I gradually introduced myself to those
whose faces gave indications of honest hearts and intelligent minds.

On Sunday I was invited to give, in a public discourse, the points
of difference between faith of the Latter-day Saints and other
professors of {417} the Christian religion. There was a Methodist
preacher on board, with whom arrangements were made, to follow
me and blow Mormonism to the four winds. Well, I led off in a
discourse of an hour and a half. After dinner the Methodists tried
to rally their preacher; but he could not be induced to undertake
the fulfillment of his engagements.

I spent the time in conversing with groups of inquirers, and
giving further information to those who sought it. After tea, the
Methodist priest was, by much persuasion, induced to preach; but,
to the astonishment of all, never once mentioned "Mormonism."

By-the-by, we had a beautiful specimen of Missouri treatment of the
Saints on board. While I was speaking, I referred to the many false
statements which found their way to the public through the papers.
A case in point was that of Joseph Smith having just discarded his
wife.

After I had finished speaking, and was standing on the guard of
the boat, a Missourian stepped up to me, asking me if I wished
to be understood that all who said Jo Smith had discarded his
wife were liars. On my answering him in the affirmative, he drew
his bowie knife on me; but some passengers, who had heard him
threaten my life, were watching, and caught him as he was in the
act of striking and I in the act of pitching him overboard; but
they saved him, and I am glad of it. The whole affair turned much
to my advantage. It was an ocular demonstration to the crowd of
Missourians' feeling toward the Church of Christ.

By this time the way was pretty well paved for introducing national
matters; and from this on to our arrival at Wheeling, the time
was principally occupied on that subject--reading your views on
political economy, &c.

On arriving at Wheeling, a stranger might have imagined me to be a
man of some consequence, for it was, "Will you take a seat in our
coach?" "Go with us in this stage." "Hold on, and take a seat with
us," says the third. In fact, the Mormon was quite a lion among the
passengers.

But passing the minutiae, I arrived in the city two days after the
great Whig convention. All is joy and enthusiasm among the Whigs,
while doubt and consternation are manifested among the Democrats.
The convention has been got up at an immense expense; hundreds of
thousands of dollars have been expended.

The Democratic convention comes off on the 27th inst. In the
meantime I shall do what is in my power for the promotion of the
good cause, and endeavor to be well accoutered for that occasion.
I expect to co-operate with Hyde, Pratt and Page, though as yet I
have not heard from them.

{418} I shall expect to receive from you the proceedings of the
convention held at Nauvoo on Monday last, together with such
instructions as you deem proper to give.

D. S. HOLLISTER.

[Sidenote: Municipal Court--Case of Jeremiah Smith.]

_Thursday, 30.--_Municipal Court met at 10 a.m., over which I presided as mayor and chief justice. Present, William Marks, Orson Spencer, George W. Harris, Gustavus Hills and Samuel Bennett, alderman, associate justices Jeremiah Smith, Sen., was brought up on _habeas corpus_ from the custody of T. B. Johnson, the complainant.

T. B. Johnson being called by the court answered that he did not acknowledge the jurisdiction of this court; that his writ was only to keep Smith until he could get another writ for him; that Mr. Hickock had a writ from Judge Pope, and he considered Mr. Smith his prisoner, and he attended this court as a matter of courtesy; and if any one offered resistance, he was instructed by Government to give their names, &c., and wrote the names of the court, &c.

Smith's counsel replied to such a subterfuge writ.

The court thought it due the court to hear the reasons why the jurisdiction of the court was not regarded.

T. B. Johnson said he did not come to make a speech; but was instructed to arrest the man. He intended to make no defense. He was an agent of the United States. "Your writ of _habeas corpus_ had nothing more to do with this case than with a man in the moon. I have not been able to get authority, and did not come to make defense." Read from Charles B. Penrose's handwriting (so purporting) 33 sec. of Act Sept. 24th, 1789, Act of Congress. Had agreed to wait the decision of this court, but had not agreed to abide the decision.

James A. McCanse was called by the court and asked, "Do you subscribe to the decision of Mr. Johnson in the matter?"

McCanse would not decide. Would like counsel.

{419} T. B. Johnson said he did not ask any favors of the court. He was a United States agent.

Councilor Hugins said--"If McCanse surrenders his claim we will not go into the merits of the case; but if McCanse claims the prisoner, we will go into the merits."

Councilor Hugins read a petition of Jeremiah Smith for another writ of _habeas corpus._ G. P. Stiles, counsel for prisoner, said that Johnson had given up the prisoner on the first claim.

T. B. Johnson said he did not surrender his claim; had nothing to say about it. "Take your own course, gentlemen."

Stiles said he has given him up on the first writ, and now says he says nothing about it; and upon this ground we claim a discharge.

T. B. Johnson said--"We would be defending the writ before Judge Pope. I come here as an agent of the United States. The prisoner has been taken out of my hand, I consider illegally. I do not come here to prosecute or to defend a writ of _habeas corpus._ There is no law for these proceedings. I know my rights. If this court thinks it right to discharge the prisoner, let them do it--let them do it. I do not ask any favors of the court--I ask justice. The laws of Illinois have no power over the United States laws. Let this court discharge him, and I shall take another course--I do not say against you as a court. I came here to arrest Jeremiah Smith."

Justice Harris asked if he meant to intimidate the court by threats.

The chief justice remarked that it was the duty of the United States and Federal Government to treat their subjects and constituents with all that complacency and good feeling which they wished in return, and to avoid every threatening aspect, every intimidating and harsh treatment. He respected the United States laws, but would not yield up any right ceded to the court. The United States have no right to trample our laws under their feet. {420} The court is bound by oath to support the Constitution of the United States, and State of Illinois and writ of_ habeas corpus._ The Constitution of the United States and _habeas corpus_ shall not be denied. If the court deny the writ of _habeas corpus,_ they perjure themselves. The United States have no right to usurp power to intimidate, and the court would see them all destroyed before he would perjure himself. We have asked no power. Mr. Smith asked us to investigate. We were bound to do so. Let the Federal Government hurl on us their forces, dragoons, &c.; we are not to be intimidated. The court is clothed with _habeas corpus,_ [power] and will execute it according to the law. "I understand some law and more justice, and know as much about the rights of American citizens as any man."

T. B. Johnson said--"If I did say anything indecorous to the court, I take it back."

Court responded--"All is right."

Court ordered that the prisoner be discharged, the complainant having refused to prosecute his claim; and that judgment be entered up _v._ T. B. Johnson, as agent, for costs of suit.

Afterwards another petition for another writ of _habeas corpus_ was presented and the writ issued and tried. I copy the minutes from the municipal docket:

_Municipal Court Minutes in the case of Jeremiah Smith_.

STATE OF ILLINOIS,

CITY OF NAUVOO, Municipal Court.

_United States, vs. Jeremiah Smith, on Habeas Corpus_.

May 30th, 1844, came Jeremiah Smith, and upon the reading and
filing the petition for a writ of _habeas corpus_ to be directed
to one Luther W. Hickock to have forthwith before the Municipal
Court the body of the said Jeremiah Smith upon said writ. Said
writ was granted by the court in accordance with the prayer of the
petitioner.

The writ of _habeas corpus_ was served instanter by the Marshal
in court and petitioner present; which writ with Marshal's return
thereon, is on file in the clerk's office.

{421} The foregoing petition of said Jeremiah Smith, together
with a certified copy of the warrant, by virtue of which the said
Hickock held the said Jeremiah Smith in custody, are on file in the
clerk's office.

Present, Joseph Smith, mayor and chief justice; and William Marks,
Orson Spencer, George W. Harris, Gustavus Hills, and Samuel
Bennett, aldermen, associate justices.

Luther W. Hickock was called by the court to answer in the case,
who said he had a writ from Judge Pope, and should consider Smith
his prisoner until he was compelled to give him up. Wanted an
adjournment.

The court informed Hickock that Smith was their prisoner.

H. T. Hugins and George P. Stiles, counsel for Smith, objected to
an adjournment, as there had been two weeks adjournment for the
Government to procure witnesses in another suit which had closed,
arising out of the same case, and which had been abandoned by the
prosecuting party.

T. B. Johnson appeared before the court and said--"I stand here
as an agent for the Government to act in the case of Smith in
any state where he may be found; and if we are to go into an
investigation on the merits of the case, and go behind the writ,
I must have time to send to Washington for witnesses; and I am
instructed to consult with Justin Butterfield, Esq., Governor
Chambers of Iowa, and Mr. McPherson of St. Louis."

The marshal, J. P. Greene, presented the prisoner for trial.

The court ordered the marshal to take charge of the prisoner, and
have him forthcoming from time to time for trial.

Hickock asked for an adjournment until afternoon.

Hugins said--"If they want to go into the merits of the case,
we will give them any time; but we propose to dispense with the
merits, and move a discharge on the insufficiency of the papers.
Dr. Hickock has no legal authority to arrest the prisoner," and
read from page 51, Revised Statutes of Illinois, sec. 399.

T. B. Johnson said he could show the law different, and asked for
one week's adjournment.

One o'clock p.m., court adjourned until after dinner to hear the
pleas.

Three o'clock, p.m., court sat, the same as in the morning.

H. T. Hugins and George P. Stiles, counsel for Smith, read and
filed their plea, moving the court that said Smith be discharged,
and suffered to go at large.

1st. Because the person issuing the warrant on which he has been
arrested is unauthorized to issue the same.

2nd. Because the process has been issued in a case and under
circumstances where the law does not allow process.

{422} 3rd. Because the person having custody of said Smith is
unauthorized to execute the warrant under which he is acting, and
is not the person empowered by law to detain him.

4th. Because said Smith has been, by and before a competent court,
legally examined and discharged in relation to the subject matter
set forth in said warrant.

5th. Because said writ is defective in a substantial form required
by law.

L. W. Hickock was called, and persisted in considering the
authority under which he acted good and sufficient.

Counselor Hugins urged the first and second count in his plea, and
read from the Constitution of the United States, Art. 4, 2nd sec,
2nd part, 3rd count, read Revised Statutes of Illinois, page 51,
sec. 399, and page 324; 4th count, read the certificate of John S.
Dunlap, clerk of the District Court for the county of Des Moines,
Iowa Territory, dated May 21st, 1844, a copy of which is on file in
the clerk's office.

L. W. Hickock said he had nothing to say; and the case was
submitted.

DECISION--The court are of opinion, when they take into
consideration their oath to support the Constitution of the United
States, that the certificate of John S. Dunlap, clerk of the
District Court for the county of Des Moines, Territory of Iowa,
is sufficient to authorize the discharge or the prisoner, because
the Constitution says no person shall twice be put in jeopardy
of life for the same offense. The decision of the court is that
the prisoner be discharged on all the points for which plea has
been made in his behalf, and that judgment be entered against the
prosecutor for cost.

Evening, T. B. Johnson was going to Burlington. Jeremiah Smith swore out an execution for $77.75. Mr. Johnson acknowledged the fee bill, and afterwards threatened to bring the dragoons in order to get Jeremiah Smith.

Mr. Hickock called for a copy of the proceedings of the Municipal Court.

I wrote the following letter to Judge Pope:--

_Letter: Joseph Smith to Judge Pope Introducing Jeremiah Smith_.

NAUVOO, May 30, 1844.

SIR,--Permit me to introduce to your particular notice and
confidence as "brethren of the mystic tie," Mr. Jeremiah Smith
of Iowa Territory, and Mr. H. T. Hugins of Burlington, in said
Territory Mr. Smith is a gentleman whose statements can be relied
on, and Mr. Hugins a lawyer, {423} of sound principles, as well
as promising talents; and I always take pleasure in extending the
reputations of honorable men among honorable men, especially when
it appears to me that the benevolence and clemency extended by me
is needed and merited by worthy men. Conscious, too, that your
Honor is liberal and just in your sphere, and will appreciate "the
golden rule," I have only to greet you with my best wishes for your
welfare and happiness.

Respectfully, I have the honor to be,

Your humble servant,

JOSEPH SMITH.

JUDGE POPE.

A Presidential election was recently held on board the _Osprey_ and the result was as follows:--

Joseph Smith, 65 gentlemen and 6 ladies.
Henry Clay, 27 " " 3 "
Van Buren, 12 " " 0 "

_Friday, 31st_.--

_Affidavit H. T. Hugins, Anent Threat to Bring Dragoons Against
Nauvoo_.

STATE OF ILLINOIS,

CITY OF NAUVOO, ss.

May 31, 1844.

Then and there personally appeared before me, Joseph Smith, Mayor
of the City of Nauvoo, the undersigned H. T. Hugins, of Burlington,
Iowa Territory, and made solemn oath that Thomas B. Johnson did,
on the 30th day of May, 1844, declare in his presence that he
intended to bring dragoons and troops of the United States from
Iowa Territory into this city, for the purpose of resisting the
authority and power of the Municipal Court of said city, and that
he should disregard entirely the authority of said court, and
that he deemed the authority of said court of no effect. Deponent
further states that said Johnson, in his said conversation, had
reference to the case of Jeremiah Smith, which had been decided by
said court.

H. T. HUGINS.

Subscribed and sworn to before me, this 31st day of May, 1844.

WM. W. PHELPS, Clerk M. C.

Upon the foregoing affidavit, I issued a _capias_ to arrest Thomas B. Johnson for threatening the peace of the city with United States dragoons. At 10 a.m., called at my {424} office. At 1 p.m., called to see Sister Richards, who was sick. I administered to her the laying on of hands, when she felt better. Afternoon I attended general council, when Brother Emmett made his report. Rode out in the evening to Van Orden's, and paid him $100. Two or three Indians staid in the hall at night.

_Saturday, June 1.--_At home. Some gentle showers.

At one, p.m., I rode out with Dr. Richards and Orrin P. Rockwell. Called on Davis at the boat. Paid Manhard $90. Met George J. Adams, and paid him $50. Then went to John P. Greene's, and paid him and another brother $200. Called at William Clayton's, while Dr. Richards and Orrin P. Rockwell called at the doctor's new house. Returned home at 4:30 p.m.

At 8 p.m., Peter Maughan, John Saunders, and Jacob Peart called at Dr. Richards' to consult about a coal-bed on Rock River. I suggested it would be profitable to employ the _Maid of Iowa_ in the business of carrying the coal, &c; and all approved of this plan.

President Brigham Young and Elder John E. Page held a conference in Pittsburg.

I received the following letter:--

_Joel H. Walker to Joseph Smith--Proposes to Join Prophet in
Western Volunteer Movement_.

BOSTON, May 9th, 1844.

MY DEAR SIR.--Being so closely confined in the postoffice in this
city, where I have been but a short time, I have not, before this
morning been aware that you had petitioned Congress in relation to
raising a military force to protect our Southern Frontier.

My purpose in addressing you is to offer my services, either in
military or civil duty, as I am so much confined that my health
must suffer if I remain a great length of time.

If I can make myself known to you by reputation which I think
possible, I have every confidence, if in your power, you will favor
my wishes.

At any rate, I hope you will write me at your earliest convenience
upon receipt of this.

{425} I was born in Peacham, Vermont, October 14th, 1813. My
father is Col. Joel Walker, now of Belvidere, Illinois. Hon. E.
Peck, of Springfield, Illinois, is my brother-in-law. I was in the
mercantile business in Chicago from 1836 to '39, (one of the firm
of King, Walker & Co.,) since which time I have been here, with
the exception of a year; have been in the military since the age
of sixteen, and am considered somewhat proficient, having devoted
much attention to the study of its principles, and an ardent love
for the art. I have received a good academical and mercantile
education; and if there is in your place anything which would be
for our mutual advantage,

I am yours respectfully,

JOEL HAMILTON WALKER.

GENERAL JOSEPH SMITH, Nauvoo.

I replied as follows:

_Letter: Joseph Smith to Joel H. Walker_.

NAUVOO, ILLINOIS, June 1st 1844.

SIR.--Yours of May 9th is before me, and according to my custom I
answer off hand. I have not yet ascertained whether Congress will,
by special act, authorize me to protect our beloved country. If it
should, I have not a doubt but your services could be agreeably
used.

As to what you could do in Nauvoo, I am unable to say. Gentlemen
with a small capital, or a large one, can easily employ it to good
advantage, our city is so rapidly improving.

Truth, virtue, and honor, combined with energy and industry, pave
the way to exaltation, glory and bliss.

Respectfully, I have the honor to be your obedient servant,

JOSEPH SMITH.

JOEL HAMILTON WALKER, Boston, Mass.

[Sidenote: Conference at Kalamazoo, Michigan.]

A conference was held at Kalamazoo, Michigan. Present, Wilford Woodruff, George A. Smith, of the Twelve, S. Bent, C. C. Rich and B. Fullmer, of the High Council; also 5 High Priests, 8 Seventies, 14 Elders, 2 Priests, and 1 Deacon. Elder Wilford Woodruff presided. Seven branches were represented, containing 126 members, 15 Elders, 4 Priests, 1 Teacher and 2 Deacons. Two Elders were ordained; also 1 Priest and 1 Teacher.

A conference was held at Alquina, Fayette Co., {426} Indiana. Elder Amasa Lyman presided. 5 High Priests, 2 Seventies and 4 Elders present.

_Sunday, 2.--_At home. Pleasant day.

[Sidenote: Conference at Glasgow, Scotland.]

A conference was held in Glasgow, Scotland, representing 1,018 members, including 1 High Priest, 30 Elders, 46 Priests, 36 Teachers and 20 Deacons.

_Monday, 3.--_At home. Received the following letter:

_Letter: "Horace" to President Joseph Smith--Threatened Invasion of
Nauvoo_.

BURLINGTON, IOWA, June 2nd, 1844.

FRIEND SMITH.--I have just received intimation that there is a
project on foot here to visit Nauvoo with a body of from five to
six hundred armed men, for the purpose of liberating Dr. Hickock,
who, it is stated, is confined in your prison. I, as a friend to
your society, consider it my duty to make you aware of the danger
you may be in, that you may be prepared to meet them. I think it
best to keep my name from you, for were it known here that I had
given notice of their proceedings, it would not be safe for me to
remain. Do not think it a humbug, and treat it lightly; but prepare
yourselves for the coming storm. From what I can learn, they intend
going on the next boat. I hope this may reach you in time.

I am, with respect, your friend,

HORACE.

Rode out on the hill about 9 a.m.

Municipal Court sat. I was not present. The appealed cases of Augustine Spencer, Chauncey L. Higbee, Charles A. Foster, and Robert D. Foster, came up; but as they failed to appear, the cases were referred back to the court below.

At 5 p.m. I read German with Alexander Neibaur.

President Brigham Young left Pittsburg, and preached in the evening to an attentive congregation in Old Britain.

_Tuesday, 4.--_At home.

Arthur Morrison and Pulaski Cahoon proposed to give $100 per month for the use of the _Maid of Iowa._ Made out their own bonds with their own security; but I would not receive them.

{427} In the afternoon I went out to my farm, and accidentally broke the whippletree of my buggy.

Wrote the following letter to Mr. Tewkesbury, Boston.

_Letter: Joseph and Hyrum Smith to Mr. Tewkesbury--Seeking to
Restore Latter to Fellowship_.

NAUVOO, ILLINOIS, June 4th, 1844.

SIR.--We understand that you have been cut off from the Church of
Jesus Christ of Latter-day Saints; and feeling an ardent desire
for the salvation of the souls of men, we take pleasure in feeling
after you; and therefore would, in the sincerity of men of God,
advise you to be rebaptized by Elder Nickerson, one of the servants
of God, that you may again receive the sweet influences of the Holy
Ghost, and enjoy the fellowship of the Saints.

The law of God requires it, and you cannot be too good. Patience
is heavenly, obedience is noble, forgiveness is merciful, and
exaltation is godly; and he that holds out faithful to the end
shall in no wise lose his reward. A good man will endure all things
to honor Christ, and even dispose of the whole world, and all in
it, to save his soul. Grace for grace is a heavenly decree, and
union is power where wisdom guides.

Respectfully,

JOSEPH SMITH,

HYRUM SMITH.

The Municipal Court issued an execution against Francis M. Higbee for $36.26 1/2 for costs incurred on 8th May last.

[Sidenote: Prosecution of the Laws and Fosters Discussed.]

At 6 p.m. I was in council with Elders John Taylor, Hyrum Smith, Willard Richards, Almon W. Babbitt, Lucien Woodworth, and William W. Phelps on the propriety of prosecuting the Laws and Fosters for perjury, slander, &c. Counseled Taylor to go on with the prosecution in behalf of Maria Lawrence. I concluded to go to Quincy with Taylor, and give up my bonds of guardianship as administrator of the Lawrence estate.

Alpheus Cutler and Reynolds Cahoon are so anxious to get property, they will all flat out as soon as the Temple is completed and the faith of the Saints ceases from them, &c.

{428} At 7 p.m. I walked out with Lucien Woodworth.

_Wednesday, 5.--_I went to the prairie to show some land, and returned home towards night.

At 8 p.m. I walked out with Dr. Richards. The lightning in the north was most beautiful. About 10 a shower of rain passed over, with continued distant thunder. There has not been any rain for some days back. Thermometer stood at 94 1/2 degrees in the shade. Very warm.

I received a book entitled _"An Original History of the Religious Denominations at Present Existing in the United States_," [1] and wrote the following acknowledgment:

_Letter: Joseph Smith to L. Daniel Rupp--Book on Religious Sects_.

NAUVOO, ILLINOIS, June 5th, 1844.

DEAR SIR.--He pasa Ek-klesia, &c., together with your note, has
safely reached me, and I feel very thankful for so valuable a
treasure. The design, the propriety, the wisdom of letting every
sect tell its own story, and the elegant manner in which the work
appears, have filled my breast with encomiums upon it, wishing you
God speed.

Although all is not gold that shines, any more than every religious
creed is sanctioned with the so eternally sure word of prophecy,
satisfying all doubt with "Thus saith the Lord;" yet, "by proving
contraries," truth is made manifest," and a wise man can search out
"old paths, wherein righteous men held communion with Jehovah, and
were exalted through obedience.

I shall be pleased to furnish further information at a proper time,
and render you such further service as the work and vast extension
of our Church may demand for the benefit of truth, virtue and
holiness.

Your work will be suitably noticed in our papers for your benefit.

With great respect, I have the honor to be,

Your obedient servant,

JOSEPH SMITH.

L. D. RUPP, ESQ., Lancaster City, Pa.

_Thursday, 6.--_About 9 a.m. I ordered my carriage for a ride; but it stood at the door till nearly noon, while I read my letter to Henry Clay to many strangers, in the {429} bar-room, [2] among whom was one who advocated the claims of Henry Clay for the presidency. I argued with him for a long time to show the subject in its true light, and that no man could honestly vote for a man like Clay, who had violated his oath, and not acted on constitutional principles.

About half-past twelve Dimick B. Huntington came and said that Robert D. Foster felt very bad, and he thought there was a chance for his return, if he could be reinstated in his office in the Legion, &c., &c.; and that Foster had all the affidavits of the anti-Mormons under his control. I told Huntington that if Foster would return, withdraw all the suits he had commenced, and do right, he should be restored.

I rode out in the carriage with several persons for an hour or two. At 7 p.m. a heavy shower of rain, accompanied by thunder and lightning, and another shower at 9. p.m.

I issued the following caution to the public:

Having once notified the public against receiving a certain
currency called "Kirtland Safety Society;" I again caution all
persons against receiving or trading in said paper money, as
all that was issued as genuine was redeemed. After the first
officers who signed said bills retired, a new set of officers
were appointed, and the vault of the institution was broken open
and robbed of several hundred thousand dollars, the signatures
forged upon the said stolen bills, and those bills are being slyly
bartered or had in trade, for the purpose of wilful and malicious
prosecution and collection.

In the first place the bills are not collectable by law in an
unchartered institution. In the second place, they are spurious,
the signature being a forgery, and every person passing or trading
a bill is guilty of passing counterfeit money, besides the
bare-faced act of swindling. And lastly, he that uses said bills
in any way, as a medium of trade is guilty of fraud, and shows a
wicked and corrupt determination to willfully, maliciously and
feloniously rob the Latter-day Saints; and if the executors of the
laws are as ready to mete out even handed justice to such {430} men
as the Mormons, more indictments will indicate more honesty. Time
will show.

JOSEPH SMITH.

Nauvoo, June 6, 1844.

[Sidenote: Prophet's Conversation with Dr. Foster.]

_Friday, 7.--_Robert D. Foster called professedly to make some concessions in order to return to the Church. He wanted a private interview, which I declined. I had some conversation with him in the hall, in the presence of several gentlemen. I told him I would meet with him in the presence of friends. I would choose three or four, and he might choose an equal number, and that I was willing to settle everything on righteous principles. In the evening a report was circulated that Foster had said that I would receive him back on any terms, and give him a hat full of dollars into the bargain.

I went to the printing office about 2 p.m., and instructed Elder John Taylor to answer a certain bill or receipt of George W. Harris.

[Sidenote: First number of the_ Expositor_.]

The first and only number of the _Nauvoo Expositor_ was published, edited by Sylvester Emmons.

In the evening I received an extremely saucy and insulting letter from Robert D. Foster. Pleasant evening.

_Saturday, 8.--_From 10 a.m. to 1 p.m. in City Council; also from 3 to 6:30 p.m. The subject the _Nauvoo Expositor_ was taken under consideration. An ordinance was passed concerning the City Attorney and his duties.

Elder Jedediah M. Grant preached in the Mansion this evening. Thunder and rain this evening and during the night.

A ferry-boat came down from Burlington with a pleasure party, and landed at the Nauvoo House at 2 p.m.

I sent William Clayton to Carthage to give in some lots for assessments; and while there Backenstos told him that Walter Bagby had been gone eight days to Missouri to try to get another writ for me. Brother Clayton also got {431} news that the Democrats had dropped Van Buren, and substituted James K. Polk, of Tennessee for president, and Silas Wright of New York, for vice-president.

I walked out in the evening with Brother Clayton.

[Sidenote: Conference at Pleasant Valley, Michigan.]

A conference was held at Pleasant Valley, Michigan. Present of the Twelve, Wilford Woodruff, and George A. Smith. Elder Wilford Woodruff presided. Six branches were represented, comprising 89 members, 5 Elders, 2 Priests, 4 Teachers, and 3 Deacons. Five Elders were ordained.

_Sunday, 9.--_At home. My health not very good, in consequence of my lungs being impaired by so much public speaking. My brother Hyrum preached at the Stand.

At 2 p.m. several passengers of the steamer _Osprey_ from St. Louis and Quincy arrived, and put up at the Mansion. I helped to carry in their trunks, and chatted with them in the bar-room.

There was a meeting at the Mansion at 6 p.m.

Footnotes:

1. An article prepared by President Smith, under the title "The Latter-day Saints," is published in this work.

2. This was the public sitting room of the Mansion, which, it will be remembered was used at this time as a hotel.

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