Chapter XX

THE DESTRUCTION OF THE "NAUVOO EXPOSITOR"--PROCEEDINGS OF THE NAUVOO CITY COUNCIL AND MAYOR.

[Sidenote: _Nauvoo Expositor_ before Nauvoo City Council.]

_Monday, June 10, 1844.--_I was in the City Council from 10 a.m., to 1:20 p.m., and from 2:20 p.m. to 6:30 p.m. investigating the merits of the _Nauvoo Expositor,_ and also the conduct of the Laws, Higbees, Fosters, and others, who have formed a conspiracy for the purpose of destroying my life, and scattering the Saints or driving them from the state.

[Sidenote: Ordinance on Libels.]

An ordinance was passed concerning libels. The Council passed an ordinance declaring the_ Nauvoo Expositor_ a nuisance, and also issued an order to me to abate the said nuisance. I immediately ordered the Marshal to destroy it without delay, and at the same time issued an order to Jonathan Dunham, acting Major-General of the Nauvoo Legion, to assist the Marshal with the Legion, if called upon so to do.

About 8 p.m., the Marshal returned and reported that he had removed the press, type, printed paper, and fixtures into the street, and destroyed them. This was done because of the libelous and slanderous character of the paper, its avowed intention being to destroy the municipality and drive the Saints from the city. The _posse_ accompanied by some hundreds of the citizens, returned with the Marshal to the front of the Mansion, when I gave them a short address, and told them they had done right and that not a hair of their heads should be hurt for it; that they had executed the orders which were given me by {433} the City Council; that I would never submit to have another libelous publication established in the city; that I did not care how many papers were printed in the city, if they would print the truth: but would submit to no libels or slanders from them. I then blessed them in the name of the Lord. This speech was loudly greeted by the assembly with three-times-three cheers. The _posse_ and assembly then dispersed all in good order. Francis M. Higbee and others made some threats.

East wind. Very cold and cloudy.

I here insert the

_Ordinance Concerning Libels and for Other Purposes_.

Whereas the Saints in all ages of the world have suffered
persecution and death by wicked and corrupt men under the garb
of a mere holy appearance of religion; and whereas the Church
of Jesus Christ of Latter day Saints, from the moment that its
first truth sprang out of the earth till now, has been persecuted
with death, destruction, and extermination; and, whereas men to
fulfill the Scriptures that a man's enemies are they of his own
household, have turned traitors in the Church, and combined and
leagued with the most corrupt scoundrels and villains that disgrace
the earth unhung, for the Heaven-daring and damnable purpose of
revenge on account of disappointed lust, disappointed projects
of speculation, fraud, and unlawful designs to rob and plunder
mankind with impunity; and, whereas such wicked and corrupt men
have greatly facilitated their unlawful designs, horrid intentions,
and murderous plans by polluting, degrading and converting
the blessings and utility of the press to the sin-smoking and
blood-stained ruin of innocent communities--by publishing lies,
false statements, coloring the truth, slandering men, women,
children, societies, and countries--by polishing the characters
of blacklegs, highwaymen, and murderers as virtuous; and whereas
a horrid, bloody, secret plan, upheld, sanctioned and largely
patronized by men in Nauvoo and out of it, who boast that all they
want for the word _go_, to exterminate or ruin the Latter day
Saints, is for them to do one unlawful act, and the work shall be
done, is now fostered, cherished, and maturing in Nauvoo,--by men,
too, who helped to obtain the very charter they would break, and
some of them drew up and voted for the very ordinances they are
striving to use as a scarecrow to frighten the surrounding country
in rebellion, mobbing, and war; and whereas, while the blood of
{434} our brethren from wells, holes and naked prairies, and the
ravishment of female virtue from Missouri, and the smoke from the
altars of infamy, prostituted by John C. Bennett, and continued in
the full tide of experiment and disgraceful damnation by the very
self-called fragments of a body of degraded men that have got up
a press in Nauvoo to destroy the charter of the city--to destroy
Mormonism, men, women, and children as Missouri did; by force of
arms--by fostering laws that emanate from corruption and betray
with a kiss; wherefore to honor the State of Illinois, and those
patriots who gave the charter, and for the benefit, convenience,
health, and happiness of said city:--

Sec. 1. Be it ordained by the City Council of Nauvoo that if any
person or persons shall write or publish in said city any false
statement or libel any of the citizens, for the purpose of exciting
the public mind against the chartered privileges, peace, and good
order of said city, or shall slander (according to the definition
of slander or libel by Blackstone or Kent, or the act in the
statute of Illinois,) any portion of the inhabitants of said city,
or bribe any portion of the citizens of said city for malicious
purposes, or in any manner or form excite the prejudice of the
community against any portion of the citizens of said city, for
evil purposes, he, she, or they shall be deemed disturbers of the
peace; and, upon conviction before the Mayor or Municipal Court,
shall be fined in any sum not exceeding five hundred dollars, or
imprisoned six months, or both, at the discretion of said Mayor or
court.

Sec. 2. Be it further ordained that nothing in the foregoing
section shall be so construed as to interfere with the right of any
person to be tried by a jury of his vicinage, with the freedom of
speech or the liberty of the press, according to the most liberal
meaning of the Constitution, the dignity of freemen, the voice of
truth, and the rules of virtue.

Sec. 3. And be it further ordained that this ordinance shall be in
force from and after its passage.

Passed June 10th, 1844.

GEO. W. HARRIS, President, pro tem.

W. RICHARDS, Recorder.

I also insert a brief synopsis of the proceedings of the City Council of the city of Nauvoo, relative to the destruction of the press and fixtures of the _Nauvoo Expositor_.

_Synopsis of Proceedings in the City Council against the Nauvoo
Expositor_.

CITY COUNCIL, REGULAR SESSION,

June 8th, 1844.

In connection with other business as stated in last week's paper,
the {435} Mayor remarked that he believed it generally the case,
that when a man goes to law, he has an unjust cause, and wants to
go before some one who wants business, and that he had very few
cases on his docket; and referring to Councilor Emmons, editor of
the _Nauvoo Expositor,_ suggested the propriety of first purging
the City Council; and, referring to the character of the paper
and proprietors, called up Theodore Turley, a mechanic, who being
sworn, said that the Laws (William and Wilson,) had brought bogus
dies to him to fix.

Councilor Hyrum Smith inquired what good Foster and his brother and
the Higbees and Laws had ever done. While his brother Joseph was
under arrest from the Missouri persecution, the Laws and Robert
D. Foster would have been ridden on a rail, if he had not stepped
forward to prevent it, on account of their oppressing the poor.

Mayor said, while he was under arrest by writ from Governor Carlin
William Law sued him for $40 he was owing Law, and it took the last
expense money he had to pay it.

Councilor Hyrum Smith referred to J. H. Jackson's coming to this
city, &c. Mayor said that William Law had offered Jackson $500 to
kill him.

Councilor Hyrum Smith continued--Jackson told him he (Jackson)
meant to have his daughter, and threatened him if he made any
resistance. Jackson related to him a dream, that Joseph and Hyrum
were opposed to him, but that he would execute his purposes; that
Jackson had laid a plan with four or five persons to kidnap his
daughter, and threatened to shoot any one that should come near
after he had got her in the skiff; that Jackson was engaged in
trying to make bogus, which was his principal business. Referred
to the revelation read to the High Council of the Church, which
has caused so much talk, about multiplicity of wives; that said
revelation was in answer to a question concerning things which
transpired in former days. That when sick, William Law confessed
to him that he had been guilty of adultery, and was not fit to
live, and had sinned against his own soul, &c., and inquired who
was Judge Emmons? When he came here he had scarce two shirts to his
back; but he had been dandled by the authorities of the city, &c.,
and was now editor of the _Nauvoo Expositor,_ and his right hand
man, was Francis M. Higbee, who had confessed to him that he had
had the--!

Washington Peck sworn, said--"Soon after Joseph H. Jackson came
here, he came to witness to borrow money, which witness loaned him
and Cook some jewelry as security."

Soon after a man from across the river came after the jewelry.
Jackson had stolen the jewelry from him.

{436} At another time wanted to get money of witness. Asked witness
if he would do anything dishonorable to get a living. Witness said
he would not. Jackson said witness was a damn fool, for he could
get a living, a deal easier than he was then doing, by making
bogus; and some men high in the Church, are engaged in the business.

Witness asked if it was Joseph. "No," said Jackson; "I dare not
tell it to Joseph." Witness understood him the Laws are engaged in
it. Jackson said he would be the death of witness, if he ever went
to Joseph, or anyone else, to tell what he had said.

AFTERNOON.--Ordered by the Council that Sylvester Emmons be
suspended until his case could be investigated, for slandering the
City Council. That the Recorder notify him of his suspension, and
that his case would come up for investigation at the next regular
session of the Council. (The order is in the hands of the Marshal).

Councilor John Taylor said that Council or Emmons helped to make
the ordinances of the city, and had never lifted his voice against
them in the Council, and was now trying to destroy the ordinances
and the charter.

Lorenzo Wasson sworn, said Joseph H. Jackson had told witness that
bogus-making was going on in the city; but it was too damned small
business. Wanted witness to help him to procure money, for the
General (Smith) was afraid to go into it; and with $500 he could
get an engraving for bills on the Bank of Missouri, and one on the
State of New York, and could make money. Said many times witness
did not know him. Believed the General had been telling witness
something. "G--d d--n him; if he has, I will kill him; Swore he
would kill any man that should prove a traitor to him," Jackson
said, if he could get a company of men to suit him, he would go
into the frontiers and live by highway robbery; had got sick of the
world.

Mayor suggested that the Council pass an ordinance to prevent
misrepresentations and libelous publications and conspiracies
against the peace of the city; and, referring to the reports that
Dr. Foster has set afloat, said he had never made any proposals
to Foster to come back to the Church. Foster proposed to come
back; came to Mayor's house, and wanted a private interview. Had
some conversation with Foster in the hall, in presence of several
gentlemen, on the 7th inst. Offered to meet him and have an
interview in presence of friends, three or four, to be selected by
each party; which Foster agreed to, and went to bring his friends
for the interview; and the next notice he had of him was the
following letter:--

{437} TO GENERAL JOSEPH SMITH:

June 7th, 1844.

SIR,--I have consulted my friends in relation to your proposals of
settlement, and they as well as myself, are of opinion that your
conduct, and that of your unworthy, unprincipled clan, is so base,
that it would be morally wrong, and detract from the dignity of
gentlemen, to hold any conference with you. The repeated insults
and abuses I, as well as my friends, have suffered from your
unlawful course towards us, demands honorable resentment. We are
resolved to make this our motto.

Nothing on our part has been done to provoke your anger, but have
done all things as become men. You have trampled upon everything
we hold dear and sacred. You have set all law at defiance, and
profaned the name of the Most High to carry out your damnable
purposes; and I have nothing more to fear from you than you have
already threatened; and I, as well as my friends, will stay here
and maintain and magnify the law as long as we stay; and we are
resolved never to leave until we sell or exchange our property that
we have here.

The proposals made by your agent, Dimick Huntington, as well as
the threats you sent to intimidate me, I disdain and despise as I
do their unhallowed author. The right of my family and my friends
demands at my hand a refusal of all your offers. We are united in
virtue and truth, and we set hell at defiance, and all her agents.
Adieu.

R. D. FOSTER.

Mayor continued--And when Foster left his house, he went to a shoe
shop on the hill, and reported that Joseph said to him, if he
would come back he would give him Law's place in the Church, and a
hat-full of specie.

Lucien Woodworth sworn. Said that the conversation as stated by the
Mayor was correct. Was at the Mansion June 7th, when Dr. Foster
rode up and inquired if General Smith was at home. Dr. Foster
went into the house; witness followed. Dr. Foster was there, the
General, and others, looking at some specimens of penmanship.
Something was said respecting a conversation at that time between
the General and the Doctor, Gen. Smith observed to Foster, if
he had a conversation, he would want others present. The Doctor
said he would have a word with him by himself, and went into the
hall. Witness went to the door that he might see and hear what
was passing. They still continued to talk on the subject of a
conversation that they might have afterwards with others present,
whom Mr. Smith and Foster might choose. Foster left, and went for
those that he said he wanted present, {438} and would return soon
with them. He heard all the conversation. Heard nothing about Gen.
Smith's making any offers to Foster to settle.

Mayor said he wished it distinctly understood that he knew nothing
about Dimick Huntington going to see Foster.

Woodworth said he sent Dimick Huntington to Foster, and Joseph knew
nothing about it.

Councilor Hyrum Smith said Dimick Huntington came to him on the 7th
inst. and said he had had an interview with Dr. Foster, and thought
he was about ready to come back, and a word from him or Joseph
would bring it about.

Mayor said--"The conduct of such men and such papers are calculated
to destroy the peace of the city, and it is not safe that such
thing should exist, on account of the mob spirit which they tend
to produce." He had made the statements he had, and called the
witnesses to prepare the council to act in the case.

Emmons was blackguarded out of Philadelphia, and dubbed with
the title of Judge (as he had understood from citizens of
Philadelphia); was poor, and Mayor helped him to cloth for a coat
before he went away last fall, and he (Emmons) labored all winter
to get the postoffice from Mr. Rigdon (as informed).

Mayor referred to a writing from Dr. Goforth, showing that the
Laws presented the communication from the Female Relief Society in
the_ Nauvoo Neighbor_ to Dr. Goforth, as the bone of contention,
and said if God ever spake by any man, it will not be five years
before this city is in ashes and we in our graves, unless we go to
Oregon, California or some other place, if the city does not put
down everything which tends to mobocracy, and put down murderers,
bogus-makers, and scoundrels. All the sorrow he ever had in his
family in this city has arisen through the influence of William Law.

Councilor H. Smith spoke in relation to the Laws, Fosters, Higbees,
editor of the _Signal,_ &c., and of the importance of suppressing
that spirit which has driven us from Missouri, &c.; that he would
go in for an effective ordinance.

Mayor said, at the time Governor Carlin was pursuing him with his
writs, William Law came to his house with a band of Missourians for
the purpose of betraying him. Came to his gate, and was prevented
by Daniel Carn, who was set to watch. Law came within his gate and
called, "Mayor," and the Mayor reproved Law for coming at that time
of night with a company of strangers.

Daniel Carn sworn. Said that about ten o'clock at night a boat
came up the river with about a dozen men. William Law came to the
gate with them. Witness on guard, stopped them. Law called Joseph
to {439} the door, and wanted an interview. Joseph said--"Brother
Law, you know better than to come here at this hour of the night,"
and Law retired. Next morning Law wrote a letter to apologize,
which witness heard read, which was written apparently to screen
himself from the censure of a conspiracy; and the letter betrayed a
conspiracy on the face of it.

Adjourned at half-past 6 p.m. till Monday, 10th, 10 o'clock a.m.

Adjourned session, June 10th, 10 o'clock a.m. Alderman Harris
presiding.

Mayor referred to Dr. Foster, and again read his letter of the 7th
instant (as before quoted).

Cyrus Hills (a stranger) sworn. Said one day last week, believed
it Wednesday, a gentleman whom witness did not know, came into the
sitting room of the Nauvoo Mansion, and requested the Hon. Mayor
to step aside; he wanted to speak with him. Mayor stepped through
the door into the entry by the foot of the stairs, and the General
(Mayor) asked him what he wished? Foster (as witness learned since
was his name) said he wanted some conversation on some business
witness did not understand at the time. The General refused to go
any farther, and said he would have no conversation in private,
and what should be said should be in public, and told Foster, if
he would choose three or four men, he would meet him with the same
number of men (among whom was his brother Hyrum), and they would
have a cool and calm investigation of the subject; and by his
making a proper satisfaction, things should be honorably adjusted.
Witness judged, from the manner in which Foster expressed himself,
that he agreed to the Mayor's proposals, and would meet him the
same day in the presence of friends. Heard no proposals made by
Major to Foster for settlement. Heard nothing about any offers
of dollars, or money, or any other offer except those mentioned
before. Nothing said about William Law. Was within hearing of the
parties at the time conversation was going on.

Orrin P. Rockwell sworn. Some day last week saw Dr. Foster ride
up to the Nauvoo Mansion and go in. Witness went in and found the
Mayor and Dr. Foster in conversation. General Smith was naming the
men he would have present, among whom were Hyrum Smith, William
Marks, Lucien Woodworth, and Peter Haws; and Dr. Foster had leave
to call an equal number of his friends, as witness understood, for
the purpose of having an interview on some matters in contention.

The Doctor's brother was proposed. General said he had no
objection; wanted him present. Dr. Foster started, saying he would
be back shortly. Before Dr. Foster left, the men whom General Smith
had named to be present at the conversation were sent for.

{440} Cross-examined. Witness went into the house as Mayor and Dr.
Foster were coming out of the bar-room into the hall. Nothing said
by the Mayor to Dr. Foster about his coming back. Made no offer to
Foster about a settlement.

Mayor said the first thing that occurred to his mind, when
he stepped into the hall with Foster, was that he wanted to
assassinate him. He saw something shining below his vest. Mayor put
his finger on it and said--"What is that?" Foster replied--"It's my
pistol," and immediately took out the pistol, and showed it openly,
and wanted the Mayor to go with him alone. Mayor said he would not
go alone. Mayor never saw the pistol before. Had a hook on its side
to hang on his waist-band.

Andrew L. Lamoreaux sworn. Said that in 1839 or '40, while
President Joseph Smith, Elder Rigdon, Judge Higbee, Orrin P.
Rockwell, and Dr. Robert D. Foster were on their way to Washington,
called at witness' house in Dayton, Ohio; that the evening was
spent very agreeably, except some dissatisfaction on the part
of certain females with regard to the conduct of Dr. Foster. On
their return from Washington, witness informed President Smith of
Foster's conduct. President Smith said he had frequently reproved
Foster for such conduct, and he had promised to do better, and told
witness to reprove Foster, if he saw anything out of the way. That
evening Foster refused to join the company, and walked through
the town till about 8 o'clock, when he came in and interrupted
President Smith, who was expounding some passages of the Scripture,
and changed the conversation. Soon after the company were invited
to Mr. Brown's at the next door, whither they all repaired. While
at Mr. Brown's, conversation was going on, and the room much
crowded. Dr. Foster and one of the ladies he had paid so much
attention to before took their seats in one corner of the room.
[Here follows statement of such lewdness in speech and conduct
on the part of Foster that it would violate propriety to print
it.] Next morning witness went in while Foster and others were
at breakfast, and related what he had seen. Foster denied it.
President Smith told him not to deny it, for he saw it himself, and
was ashamed of it. Foster confessed it was true, and promised to
reform.

Peter Haws sworn. Said that he came to Nauvoo before the Laws and
brought considerable property. It was a short time after the Church
had been driven out of Missouri, and had arrived in this place. The
families having been robbed of all in Missouri, were in a starving
condition. By the counsel of the Presidency, witness converted
his funds to feeding the poor, bringing in meat and flour, &c.;
and while thus engaged, drew upon the Laws, who were at that time
engaged in {441} merchandise, to the amount of some six hundred
dollars, which, on account of expenditure for the poor, he was not
able to pay within seventy or eighty dollars, which they pressed
him for as soon as they wanted it, although he offered them good
property at considerable less than the market value, as witness was
obliged to leave the city on Church business for a little season.
William Law threatened and intimidated witness' family during his
absence for the pay.

Dr. Foster made a public dinner on the 4th of July. Witness was
obliged to be absent, and deposited meat, flour, &c., with William
Law to give to the poor at that dinner, and Law handed it out as
his own private property. Witness carried a load of wheat to Law's
mill to be ground. Law would not grind it only to give a certain
quantity of flour in return by weight. Law used up the flour,
promising from time to time he would refund it. As witness was
about to start on a mission to the south with his valise in his
hand saw Law before his door talking with Hyrum Smith. Called on
Law, and told him he was going away, and his family wanted the
flour. Law promised on the honor of a gentleman and a Saint, that
his family should have the flour when they wanted.

Councilor Hyrum Smith said he recollected the time and circumstance.

Hawes said when he returned he found his family must have starved,
if they had not borrowed money to get food somewhere else; could
not get it of Law; and Law was preaching punctuality,_ punctuality,
punctuality,_ as the whole drift of his discourses to the Saints,
and abusing them himself and grinding the poor.

Mayor said, if he had a City Council who felt as he did, the
establishment (referring to the _Nauvoo Expositor_) would be
declared a nuisance before night; and then he read an editorial
from the _Nauvoo Expositor._ He then asked who ever said a word
against Judge Emmons until he attacked this Council? or even
against Joseph H. Jackson or the Laws, until they came out against
the city? Here is a paper (_Nauvoo Expositor_) that is exciting
our enemies abroad. Joseph H. Jackson has been proved a murderer
before the Council, and he declared the paper a nuisance--a greater
nuisance than a dead carcass. They make it a criminality for a man
to have a wife on the earth while he has one in heaven, according
to the keys of the Holy Priesthood; and he then read a statement
of William Law's from the _Expositor,_ where the truth of God was
transformed into a lie concerning this thing. He then read several
statements of Austin Cowles in the _Expositor_ concerning a private
interview, and said he never had any private conversations with
Austin Cowles on these subjects; that he preached on the stand from
the Bible, showing the order in ancient days. What the opposition
party {442} want is to raise a mob on us and take the spoil from
us, as they did in Missouri. He said it was as much as he could do
to keep his clerk, Thompson, from publishing the proceeding of the
Laws and causing the people to rise up against them. Said he would
rather die tomorrow and have the thing smashed, than live and have
it go on, for it was exciting the spirit of mobocracy among the
people, and bringing death and destruction upon us.

Peter Hawes recalled a circumstance which he had forgotten to
mention concerning a Mr. Smith who came from England and soon
after died. The children had no one to protect them. There was one
girl sixteen or seventeen years old, and a younger sister. Witness
took these girls into his family out of pity. Wilson Law, then
Major-General of the Nauvoo Legion, was familiar with the oldest
daughter. Witness cautioned the girl. Wilson was soon there again,
and went out in the evening with the girl, who, when charged by the
witness' wife, confessed that Wilson Law had seduced her. Witness
told her he could not keep her. The girl wept, made much ado, and
many promises. Witness told her if she would do right she might
stay; but she did not keep her promise. Wilson came again and she
went out with him. Witness then required her to leave the house.

Mayor said certain women came to complain to his wife that they had
caught Wilson Law with the girl [in compromising relations] at Mr.
Hawes' in the night.

Councilor Hyrum Smith proceeded to show the falsehood of Austin
Cowles in the _Expositor,_ in relation to the revelation referred
to.

Mayor said he had never preached the revelation in private; but
he had public. Had not taught to the anointed in the Church in
private, which statement many present confirmed; that on inquiring
concerning the passage on the resurrection concerning "they neither
marry nor are given in marriage," &c., he received for answer, "Man
in this life must marry in view of eternity, otherwise they must
remain as angels, or be single in heaven," which was the doctrine
of the revelation referred to; and the Mayor spoke at considerable
length in explanation of this principle, and was willing, for
one, to subscribe his name to declare the _Expositor_ and whole
establishment a nuisance.

Two o'clock p.m. Willard Richards, the clerk of the Council, bore
testimony of the good character and high standing of Mr. Smith and
his family, whose daughter was seduced by Wilson Law, as stated
by the last witness before the morning council; that Mrs. Smith
died near the mouth of the Mississippi, and the father and eldest
daughter died soon after their arrival in this place; and that the
seduction of such a youthful, fatherless and innocent creature,
by such a man in high standing as the Major-General of the Nauvoo
Legion, was one of the darkest, damnedest, and foulest deeds on
record.

{443} Councilor Hyrum Smith concurred in the remarks made by the
clerk concerning the excellent character of Mr. Smith and his
family.

Mayor said the Constitution did not authorize the press to publish
libels, and proposed that the Council make some provision for
putting down the _Nauvoo Expositor_.

Councilor Hyrum Smith called for a prospectus of the _Expositor_.

Councilor Phelps read article 8, sec. 1, Constitution of Illinois.

Mayor called for the charter.

The clerk read the prospectus of the _Nauvoo Expositor_ as follows:

PROSPECTUS OF THE "NAUVOO EXPOSITOR."

The _Nauvoo Expositor_ will be issued on Friday of each week, on
an imperial sheet, with a new press and materials of the best
quality, and rendered worthy of the patronage of a discerning and
enlightened public.

The _Expositor_ will be devoted to a general diffusion of useful
knowledge, and its columns open for the admission of all courteous
communications of a religious, moral, social, literary, or
political character without taking a decided stand in favor of
either of the great political parties in the country. A part of
its columns will be devoted to a few primary objects, which the
publishers deem of vital importance to the public welfare. Their
particular locality gives them a knowledge of the many_ gross
abuses exercised under the "pretended" authorities of the Charter
of the City of Nauvoo,_ by the legislative authorities of said city
and the _insupportable oppression_ of the _Ministerial powers in
carrying out the unjust, illegal and unconstitutional ordinances of
the same._ The publishers therefore deem it a sacred duty they owe
to their country and their fellow-citizens to advocate through the
columns of the _Expositor_ THE UNCONDITIONAL REPEAL OF THE NAUVOO
CITY CHARTER, to restrain and correct the abuses of the UNIT POWER,
to ward off the iron rod which is held over the devoted heads of
the citizens of Nauvoo and the surrounding country, to advocate
unmitigated DISOBEDIENCE TO POLITICAL REVELATIONS, and to censure
and decry gross moral imperfections wherever found, either in the
plebeian, patrician or SELF-CONSTITUTED MONARCH--to advocate the
pure principles of morality, the pure principles of truth, designed
not to destroy, but to strengthen the mainspring of God's moral
government--to advocate and exercise the freedom of speech in
Nauvoo, independent of the ordinances abridging the same--_to give
free toleration to every man's religious sentiment,_ and sustain
ALL in worshiping their God according to the monitions of their
consciences, as guaranteed by the Constitution of our country, and
to oppose with uncompromising hostility any UNION OF CHURCH AND
STATE, or any preliminary step tending to the same--to sustain ALL
_however humble,_ in their equal and constitutional rights, and
oppose the {444} sacrifice of the liberty, the property and the
happiness of the MANY, to the _pride_ and _ambition_ of the FEW;
in a word, to give a full, candid and succinct statement of FACTS
AS THEY REALLY EXIST IN THE CITY OF NAUVOO _fearless of whose
particular case the facts may apply_--being governed by the laws of
editorial courtesy, and the inherent dignity which is inseparable
from honorable minds, at the same time exercising their own
judgment in cases of flagrant abuses of moral delinquencies,--to
use such terms and names as they deem proper, when the object is of
such high importance that the end will justify the means. In this
great and indispensable work, we confidently look to an enlightened
public to aid us in our laudable effort.

The columns of the _Expositor_ will be open to the discussion
of all matters of public interest, the production of all
correspondents, subject to the decision of the editor alone, who
shall receive or reject at his option. National questions will
be in place, but no preference given to either of the political
parties. The editorial department will contain the political news
of the day, proceedings of Congress, election returns &c. Room will
be given for articles on agriculture, the mechanic arts, commercial
transactions, &c.

The first number of the _Expositor_ will be issued on Friday, the
7th day of June, 1844. The publishers bind themselves to issue the
paper weekly for one year, and forward 52 copies to each subscriber
during the year. Orders should be forwarded as soon as possible,
that the publishers may know what number of copies to issue.

The publishers take pleasure in announcing to the public that
they have engaged the service of Sylvester Emmons, Esq., who will
have entire charge and supervision of the editorial department.
From an acquaintance with the dignity of character and literary
qualifications of this gentleman, they feel assured that the
_Nauvoo Expositor_ must and will sustain a high and honorable
reputation.

All letters and communications must be addressed to Charles A.
Foster, Nauvoo, Ill., postpaid, in order to insure attention.

WILLIAM LAW,

WILSON LAW,

CHARLES IVINS,

FRANCIS M. HIGBEE,

CHAUNCEY L. HIGBEE,

ROBERT D. FOSTER,

CHARLES A. FOSTER,

Publishers.

Nauvoo, Ill., May 10th, 1844.

Mayor read the statements of Francis M. Higbee from the
_Expositor,_ {445} and asked--"Is it not treasonable against
all chartered rights and privileges, and against the peace and
happiness of the city?"

Councilor Hyrum Smith was in favor of declaring the _Expositor_ a
nuisance.

Councilor Taylor said no city on earth would bear such slander, and
he would not bear it, and was decidedly in favor of active measures.

Mayor made a statement of what William Law said before the City
Council under oath, that he was a friend to the Mayor, &c.. and
asked if there were any present who recollected his statement, when
scores responded, Yes.

Councilor Taylor continued--Wilson Law was President of this
Council during the passage of many ordinances, and referred to
the records. "William Law and Emmons were members of the Council,
and Emmons has never objected to any ordinance while in the
Council, but has been more like a cipher, and is now become editor
of a libelous paper, and is trying to destroy our charter and
ordinances." He then read from the Constitution of the United
States on the freedom of the press, and said--"We are willing they
should publish the truth; but it is unlawful to publish libels. The
_Expositor_ is a nuisance, and stinks in the nose of every honest
man."

Mayor read from Illinois Constitution, article 8, section 22,
touching the responsibility of the press for its constitutional
liberty.

Councilor Stiles said a nuisance was anything that disturbs the
peace of a community, and read Blackstone on private wrongs, vol.
2, page 4; and the whole community has to rest under the stigma
of these falsehoods (referring to the_ Expositor_); and if we
can prevent the issuing of any more slanderous communications,
he would go in for it. It is right for this community to show a
proper resentment; and he would go in for suppressing all further
publications of the kind.

Councilor Hyrum Smith believed the best way was to smash the press
and pi the type.

Councilor Johnson concurred with the Councilors who had spoken.

Alderman Bennett referred to the statement of the _Expositor_
concerning the Municipal Court in the case of Jeremiah Smith as a
libel, and considered the paper a public nuisance.

Councilor Warrington considered his a peculiar situation, as he
did not belong to any church or any party. Thought it might be
considered rather harsh for the Council to declare the paper a
nuisance, and proposed giving a few days limitation, and assessing
a fine of $3,000 for every libel; and if they would not cease
publishing libels, to declare it a nuisance; and said the statutes
made provisions for a fine of $500.

Mayor replied that they threatened to shoot him when at Carthage,
and the women and others dare not go to Carthage to prosecute; and
{446} read a libel from the _Expositor_ concerning the imprisonment
of Jeremiah Smith.

Councilor Hyrum Smith spoke of the _Warsaw Signal,_ and
disapprobated its libelous course.

Mayor remarked he was sorry to have one dissenting voice in
declaring the _Expositor_ a nuisance.

Councilor Warrington did not mean to be understood to go against
the proposition; but would not be in haste in declaring a nuisance.

Councilor Hyrum Smith referred to the mortgages and property of the
proprietors of the_ Expositor,_ and thought there would be little
chance of collecting damages for libels.

Alderman Elias Smith considered there was but one course to pursue
that the proprietors were out of the reach of the law; that our
course was to put an end to the things at once. Believed by what he
had heard that if the City Council did not do it, others would.

Councilor Hunter believed it to be a nuisance. Referred to the
opinion of Judge Pope on _habeas corpus,_ and spoke in favor of
the charter, &c. Asked Francis M. Higbee, before the jury, if he
was not the man he saw at Joseph's house making professions of
friendship. Higbee said he was not. (Hundreds know this statement
to be false.) He also asked R. D. Foster if he did not state before
hundreds of people that he believed Joseph to be a Prophet. "No,"
said Foster. They were under oath when they said it. (Many hundreds
of people are witness to this perjury).

Alderman Orson Spencer accorded with the views expressed, that
the _Nauvoo Expositor_ is a nuisance. Did not consider it wise to
give them time to trumpet a thousand lies. Their property could
not pay for it. If we pass only a fine or imprisonment, have we
any confidence that they will desist? None at all. We have found
these men covenant-breakers with God, with their wives, &c. Have we
any hope of their doing better? Their characters have gone before
them. Shall they be suffered to go on, and bring a mob upon us,
and murder our women and children, and burn our beautiful city!
No! I had rather my blood would be spilled at once, and would like
to have the press removed as soon as the ordinance would allow:
and wish the matter might be put into the hands of the Mayor, and
everybody stand by him in the execution of his duties, and hush
every murmur.

Councilor Levi Richards said he had felt deeply on this subject,
and concurred fully in the view General Smith had expressed of
it this day; thought it unnecessary to repeat what the Council
perfectly understood; considered private interest as nothing in
comparison with the public good. Every time a line was formed in
Far West, he was there--for what? To defend it against just such
scoundrels and influence {447} as the _Nauvoo Expositor_ and its
supporters were directly calculated to bring against us again.
Considered the doings of the Council this day of immense moment,
not to this city alone, but to the whole world; would go in to put
a stop to the thing at once. Let it be thrown out of this city, and
the responsibility of countenancing such a press be taken off our
shoulders and fall on the State, if corrupt enough to sustain it.

Councilor Phineas Richards said that he had not forgotten the
transaction at Haun's Mill, and that he recollected that his
son George Spencer then lay in the well referred to on the day
previous, without a winding-sheet, shroud or coffin. He said he
could not sit still when he saw the same spirit raging in this
place. He considered the publication of the _Expositor_ as much
murderous at heart as David was before the death of Uriah; was
prepared to take stand; by the Mayor, and whatever he proposes;
would stand by him to the last. The quicker it is stopped the
better.

Councilor Phelps had investigated the Constitution, Charter, and
laws. The power to declare that office a nuisance is granted to
us in the Springfield Charter, and a resolution declaring it a
nuisance is all that is required.

John Birney sworn. Said Francis M. Higbee and Wm. Law declared they
had commenced their operations, and would carry them out, law or no
law.

Stephen Markham sworn. Said that Francis M. Higbee said the
interest of this city is done the moment a hand is laid on their
press.

Councilor Phelps continued, and referred to Wilson Law in
destroying the character of a child--an orphan child, who had the
charge of another child.

Warren Smith sworn. Said F. M. Higbee came to him, and proposed
to have him go in as a partner in making bogus money. Higbee said
he would not work for a living; that witness might go in with him
if he would advance fifty dollars; and showed him (witness) a
half-dollar which he said was made in his dies.

Councilor Phelps continued and he felt deeper this day than ever he
felt before, and wanted to know, by "Yes," if there was any person
who wanted to avenge the blood of that innocent female who had been
seduced by the then Major-General of the Nauvoo Legion, Wilson Law;
when "Yes!" resounded from every quarter of the house. He then
referred to the tea plot at Boston, and asked if anybody's rights
were taken away with that transaction; and are we offering, or have
we offered to take away the rights of anyone these two days? ("No!"
resounded from every quarter.) He then referred also to Law's
grinding the poor during the scarcity of grain, while the poor had
nothing {448} but themselves to grind; and spoke at great length in
support of active measures to put down iniquity, and suppress the
spirit of mobocracy.

Alderman Harris spoke from the chair, and expressed his feelings
that the press ought to be demolished.

The following resolution was then read and passed unanimously, with
the exception of Councilor Warrington:--

"Resolved, by the City Council of the city of Nauvoo, that the
printing-office from whence issues the_ Nauvoo Expositor_ is a
public nuisance and also all of said _Nauvoo Expositors_ which may
be or exist in said establishment; and the Mayor is instructed to
cause said printing establishment and papers to be removed without
delay, in such manner as he shall direct.

GEORGE W. HARRIS,

President, _pro tem._

W. RICHARDS, Recorder.

The following order was immediately issued by the Mayor:--

STATE OF ILLINOIS,

CITY OF NAUVOO, ss.

_To the Marshal of said City, greeting_.

You are here commanded to destroy the printing press from whence
issues the _Nauvoo Expositor,_ and pi the type of said printing
establishment in the street, and burn all the _Expositors_ and
libelous handbills found in said establishment; and if resistance
be offered to your execution of this order by the owners or others,
demolish the house; and if anyone threatens you or the Mayor or the
officers of the city, arrest those who threaten you, and fail not
to execute this order without delay, and make due return hereon.

By order of the City Council,

JOSEPH SMITH, Mayor.

Marshal's return--"The within-named press and type is destroyed and
pied according to order, on this 10th day of June, 1844, at about 8
o'clock p.m.

J. P. GREENE, C. M.

HEADQUARTERS, NAUVOO LEGION,

June 10th, 1844.

_To Jonathan Dunham, acting Major-General of the Nauvoo Legion_.

You are hereby commanded to hold the Nauvoo Legion in readiness
forthwith to execute the city ordinances, and especially to remove
the printing establishment of the _Nauvoo Expositor;_ and this is
what you are required to do at sight, under the penalty of the
laws, provided the Marshal shall require it and need your services.

JOSEPH SMITH,

Lieut-General, Nauvoo Legion.

{449} _Tuesday 11.--_Spent the forenoon in council with the brethren at my house. Went to the office and conversed with my brother Hyrum, Dr. Richards, George G. Adams, and others.

I issued the following.

PROCLAMATION.

By virtue of my office as Mayor of the city of Nauvoo, I do hereby
strictly enjoin it upon the municipal officers and citizens of
said city to use all honorable and lawful means in their power to
assist me in maintaining the public peace and common quiet of said
city. As attempts have already been made to excite the jealousy
and prejudice of the people of the surrounding country, by libels
and slanderous articles upon the citizens and City Council, for
the purpose of destroying the charter of said city, and for the
purpose of raising suspicion, wrath, and indignation among a
certain class of the less honorable portion of mankind, to commit
acts of violence upon the innocent and unsuspecting, in a certain
newspaper called the _Nauvoo Expositor,_ recently established
for such purposes in said city, and which has been destroyed as
a nuisance, according to the provision of the charter. I further
call upon every officer, authority, and citizen to be vigilant in
preventing, by wisdom the promulgation of false statements, libels,
slanders, or any other malicious or evil-designed concern that may
be put in operation to excite and ferment the passions of men to
rebel against the rights and privileges of the city, citizens, or
laws of the land; to be ready to suppress the gathering of mobs;
to repel, by gentle means and noble exertion, every foul scheme of
unprincipled men to disgrace and dishonor the city, or state, or
any of their legally-constituted authorities; and, finally to keep
the peace by being cool, considerate, virtuous, unoffending, manly,
and patriotic, as the true sons of liberty ever have been, and
honorably maintain the precious boon our illustrious fathers won.

In witness whereof I have hereunto set my hand and affixed the seal
of said corporation at the city of Nauvoo, this 11th day of June,
1844.

JOSEPH SMITH, Mayor.

I had an interview with Elder G. J. Adams out of doors and then returned home to dinner.

At 2 p.m. I went into court. Many people were present. I talked an hour or two on passing events, the mob {450} party, &c., and told the people I was ready to fight, if the mob compelled me to, for I would not be in bondage. I asked the assembly if they would stand by me, and they cried "Yes" from all quarters. I returned home.

The Recorder issued a summons for Sylvester Emmons to attend the City Council on the second Saturday in July, at 10 a.m. to answer charges then and there to be preferred against him for slandering the City Council.

Dr. Richards came to me at my room as I was talking to my brother Hyrum, Eaton Bonney and others, and read the following letter:

_Letter: L. W. Hickok to Joseph Smith--Probability of Indictment of
the Prophet et al, at Springfield_.

SPRINGFIELD, ILL., June 6th, 1844.

_General Joseph Smith or Dr. Richards_:

GENTLEMEN.--I arrived at this place on yesterday, safe and sound,
in company with Major Smith, who is in good health, and wishes to
be remembered to you and all his friends.

I have just learned that T. B. Johnson, the individual who figured
so large at Nauvoo is about to present the case, or his case,
before the grand jury at this place. This is to inform you of the
fact, that you may take the necessary precaution, or do what you
think advisable in the case. From what I can gather, you are all to
be indicted who were present in the case according to the law of
the city of Nauvoo.

I remain a friend to humanity, "equal rights," and justice to all
mankind.

L. W. HICKOK.

P. S.--I have just learned that Elder Wight is in this place, and
shall put this in his hands, thinking that he may act with more
efficiency than the mail.

I am, &c.,

L. W. H.

Our communications by mail appear to be cut off, as no part of our extensive correspondence has come to hand by the U. S. mail for the last three weeks, and Dr. Hickok seems to be aware of it. Instructed Dr. Richards to {451} answer Dr. Hickok's letter, and then rode out with O. P. Rockwell.

I received the following letter:

_Letter: H. T. Hugins to Joseph Smith--Warning the Prophet of
Probable Indictment_.

SPRINGFIELD, ILL., June 6, 1844.

DEAR SIR.--I have just received information that T. B. Johnson is
making an effort to procure from the grand jury for the United
States, now in session at this place, an indictment against the
members of your Municipal Court for exercising their legal and
constitutional rights, and discharging their sworn duty in acting
in the matter of Jeremiah Smith's petition for _habeas corpus._
I could hardly have supposed that he would succeed, had I not
been informed that there is no doubt that he will accomplish his
object. I give you this information that you may be able to act as
circumstances may require. Mr. Smith has not had a hearing, and
will not till tomorrow morning.

Yours truly,

H. T. HUGINS.

GENERAL JOSEPH SMITH, Nauvoo.

Elders Jedediah M. Grant and George J. Adams preached at my house in the evening. Cloudy and cool day.

The captain of the steamer _Osprey_ called this forenoon at the printing office to see me. I rode with him to his boat, which was at the upper landing. When I came up, Charles A. Foster called the passengers to see the meanest man in the world. Mr. Eaton stopped him, and told the passengers that it was Foster who was the meanest man in the world. Rollison attempted to draw a pistol, but Eaton silenced him, and kept them all down.

David Harvey Redfield reported that last evening, while on the hill, just before the police arrived, Francis M. Higbee said while speaking of the printing press of the _Nauvoo Expositor,_ if they lay their hands upon it or break it, they may date their downfall from that very hour, and in ten days there will not be a Mormon left in Nauvoo. What they do, they may expect the same in return. Addison Everett also heard him.

{452} Jason R. Luse reported that Ianthus Rolf said, while the press was burning that before three weeks the Mansion House would be strung to the ground, and he would help to do it; and Tallman Rolf said the city would be strung to the ground within ten day. Moses Leonard also heard him, Joshua Miller being also present.

Bryant, (merchant of Nauvoo) said before he would see such things, he would wade to his knees in blood.

It is reported that runners have gone out in all directions to try to get up a mob; and the mobbers are selling their houses in Nauvoo and disposing of their property.

{453}