August 8, 1842 – This day in church history

[Hemidakota]

Date: August 8, 1842

Short Narration: 1842— Nauvoo, Illinois. Joseph Smith was arrested on a charge of being "an accessory to an assault with intent to kill" ex-Governor Lilburn Boggs of Missouri and was placed under custody of the city marshal after the court issued a writ of habeas corpus. History of the Church, 5:86–88

Location: Independence, Missouri & Quincy, Illinois

Historical Raw Record: Monday, 8--This forenoon I was arrested by the deputy sheriff of Adams county, and two assistants, on a warrant issued by Governor Carlin, founded on a requisition from Governor Reynolds of Missouri upon the affidavit of ex-Governor Boggs, complaining of the said Smith as "being an accessory before the fact, to an assault with intent to kill made by one Orrin P. Rockwell on Lilburn W. Boggs," on the night of the sixth of May, A. D. 1842. Brother Rockwell was arrested at the same time as principal.

There was no evasion of the officers, though the municipal court issued a writ of habeas corpus according to the constitution of the state, Article 8, and Section 13. This writ demanded the bodies of Messrs. Smith and Rockwell to be brought before the aforesaid court; but these officers refused to do so, and finally without complying, they left us in the care of the marshal, without the original writ by which we were arrested, and by which only we could be retained, and returned to Governor Carlin for further instructions, and myself and Rockwell went about our business.

I have yet to learn by what rule of right I was arrested to be transported to Missouri for a trial of the kind stated. "An accessory to an assault with intent to kill," does not come under the provision of the fugitive act, when the person charged has not been out of Illinois, &c. An accessory before the fact to manslaughter is something of an anomaly. The isolated affidavit of ex-Governor Boggs is no more than any other man's, and the constitution says, "that no person shall be liable to be transported out of the state, for an offense committed within the same."

The whole is another Missouri farce. In fact, implied power, and constructive guilt, as a dernier resort, may answer the purpose of despotic governments, but are beneath the dignity of the sons of Liberty, and would be a blot on our judicial escutcheon.

I received a letter from the postoffice, which had been broken open, and I was grieved at the meanness of its contents.

The city council passed the following "Ordinance regulating the mode of proceeding in cases of habeas corpus before the municipal court:"

Ordinance on Habeas Corpus Procedure.

Sec. 1. Be it ordained by the city council of the city of Nauvoo, that in all cases where any person or persons, shall at any time hereafter, be arrested or under arrest in this city, under any writ or process, and shall be brought before the municipal court of this city, by virtue of a writ of habeas corpus, the court shall in every such case have power and authority, and are hereby required to examine into the origin, validity and legality of the writ of process, under which such arrest was made, and if it shall appear to the court, upon sufficient testimony that said writ or process was illegal, or not legally issued, or did not proceed from proper authority, then the court shall discharge the prisoner from under said arrest; but if it shall appear to the court that said writ or process had issued from proper authority, and was a legal process, the court shall then proceed and fully hear the merits of the case, upon which said arrest was made, upon such evidence as may be produced and sworn before said court, and shall have power to adjourn the hearing, and also issue process from time to time, in their discretion, in order to procure the attendance of witnesses, so that a fair and impartial trial and decision may be obtained in every such case.

Sec. 2. And be it further ordained that if upon investigation it shall be proven before the municipal court, that the writ or process has been issued, either through private pique, malicious intent, or religious or other persecution, falsehood or misrepresentation, contrary to the constitution of this state, or the Constitution of the United States, the said writ or process shall be quashed and considered of no force or effect, and the prisoner or prisoners shall be released and discharged therefrom.

Sec. 3. And be it also further ordained that in the absence, sickness, debility, or other circumstances disqualifying or preventing the mayor from officiating in his court, as chief justice of the municipal court, the aldermen present shall appoint one from amongst them to act as chief justice, or president pro tempore.

Sec. 4. This ordinance to take effect and be in force from and after its passage.

Passed August 8, 1842. HYRUM SMITH, Vice-Mayor and President Pro Tempore. JAMES SLOAN, Recorder.

A disgraceful and bloody riot occurred in Cincinnati this evening, in and about the "Sans Souci House."

Edited August 9, 2010 by Hemidakota

[Hemidakota]

Part 2: History of The Church of Jesus Christ of Latter-day Saints (Record)

Reference: Volume 2 – Chapter XLIX (49)

AN attempt was made upon the life of ex-Governor Lilburn W. Boggs, of Missouri, on the 6th of May, 1842. The ex-governor was seated in a room by himself in the evening, when some person discharged a pistol loaded with buckshot through an adjoining window. Three of the shot took effect in his head—one of which, it was said, penetrated his brain. His son, hearing the shot, burst into the room and found his father in a helpless condition. The pistol from which the shot was fired was found under the window and there, too, were the footprints of the would-be assassin.

GUESSES ON THE ATTEMPTED ASSASSINATION

No sooner was the news of the affair heard than speculation was rife as to the parties who had perpetrated the deed; and in consequence of the part taken by Boggs in driving the Latter-day Saints from the state of Missouri, during the period that he was governor, it was not long before "Joe Smith and the Mormons" were accused of the deed. The Quincy Whig, in its issue of May 21st, after detailing the particulars of the assault, said:

"There are several rumors in circulation in regard to the horrid affair; one of which throws the crime upon the Mormons, from the fact, we suppose, that Mr. Boggs was governor at the time, and in no small degree instrumental in driving them from the state. Smith, too, the Mormon Prophet, as we understand, prophesied a year or so ago, his death by violent means. Hence, there is plenty of foundation for rumor."

THE PROPHET'S DENIAL OF IMPLICATION IN THE CRIME

To this charge of complicity in the attempted assassination President Smith entered a most prompt and emphatic denial. "My hands," said he, "are clean and my heart pure from the blood of all men." He also denied having predicted Boggs' death by "violent means," which denial he sent both to the Quincy Whig and the Nauvoo Wasp. 1 Orrin Porter Rockwell 2 was accused of making the assault upon Boggs; and as soon as the ex-governor recovered sufficiently from the effects of the assault to do so he went before a justice of the peace, and made affidavit charging Rockwell with the crime; and subsequently made a second affidavit charging President Joseph Smith with being accessory before the fact, saying in the body of the affidavit that he believed, "and has good reason to believe, from evidence and information now in his possession, that Joseph Smith, commonly called 'the Mormon Prophet,' was accessory before the fact of the intended murder, and that the said Joseph Smith is 'a citizen or resident of the state of Illinois.'" 3 Boggs applied to Thomas Reynolds, then governor of Missouri, to make a demand on the governor of Illinois, to deliver up Joseph Smith to some person authorized to receive him on behalf of the state of Missouri, to be dealt with according to law.

Governor Reynolds promptly granted the request and made the demand on the governor of Illinois for the surrender of President Smith to one E. R. Ford, who was appointed the agent of Missouri to receive him. In making the demand, Governor Reynolds said:

"Whereas it appears * * * that one Joseph Smith is a fugitive from justice, charged with being accessory before the fact, to an assault with the intent to kill, made by one O. P. Rockwell, on Lilburn W. Boggs, in this state (Missouri); and is represented to the executive department of this state as having fled to the state of Illinois; now, therefore, I, * * * do by these presents demand the surrender and delivering of the said Joseph Smith, etc., etc.

THE DEFECTIVE REQUISITION

This extract is given from the requisition verbatim, because, in the first place, the affidavit of Boggs, upon the strength of which Governor Reynolds made his demand for the surrender of Joseph Smith, does not claim that the latter was a fugitive from justice, or that he had fled from the state of Missouri to Illinois; but on the contrary, the Boggs affidavit says that "the Mormon Prophet" was a "citizen or resident of the state of Illinois," hence the statement of fact in the affidavit was not sufficient to justify the demand for Joseph Smith to be surrendered to Missouri. A person resident in one state may not be delivered up to the authorities of another state for alleged offenses, unless it is represented that he has fled from the state making the demand for his surrender. This charge was not made by Boggs in his affidavit, which was Governor Reynolds' only authority for making the demand. But in what Boggs failed, Governor Reynolds made up; and upon his own responsibility, in his demand on Illinois, charged that Joseph Smith was "a fugitive from justice," and had "fled to Illinois;" a statement that was at once untrue, and wholly gratuitous on the part of the executive of Missouri. Governor Carlin, however, responded to the demand of Missouri, and issued a warrant for the arrest of O. P. Rockwell as principal, and Joseph Smith as accessory before the fact, in an assault with the intent to kill upon Governor Boggs. The papers were placed in the hands of the deputy sheriff of Adams county, who, with two assistants, at once repaired to Nauvoo, and on the 8th of August, 1842, arrested the above named parties. There was no evasion of the officers, but the municipal court of Nauvoo at once, on the application of the parties arrested, issued a writ of habeas corpus, requiring the officers having the prisoners in charge, to bring them before that tribunal, in order that the legality of the warrant under which they were arrested might be tested. This the sheriff refused to do, and he claimed that the municipal court had no jurisdiction in the case; but he left the prisoners in care of the city marshal, without, however, leaving the original writ upon which alone they could be held. The deputy sheriff and his assistants returning to Quincy, the prisoners were left to go about their business.

During the absence of the deputy sheriff, President Smith secured a writ of habeas corpus from the master in chancery, for the district of Illinois in which Hancock county was located, as it was questionable 4 if the municipal court of Nauvoo had the authority to issue such writs in cases arising under the laws of the state of Illinois, or of the United States. Two days after the first arrest the officers returned from Quincy to again take their prisoners, but in the interim it had been decided by President Smith and his friends, that the best thing for himself and Rockwell to do, in the then excited state of public opinion, was to keep out of the way for a season; so that the officers upon their return to Nauvoo were unable to find them. (Comprehensive History of The Church of Jesus Christ of Latter-day Saints, vol. 2 by B. H. Roberts, p.148-151)

Edited August 9, 2010 by Hemidakota

[Hemidakota]

Part 3: Background Historical Viewpoint

Joseph Fielding Smith - Shooting of Ex-Governor Boggs.—On the 6th day of May, 1842, Ex-Governor Lilburn W. Boggs was shot while sitting alone in a room of his residence in Independence. He was badly wounded and for several days his life was in the balance, but he soon recovered.

President Smith Accused as an Accessory.—July 20, 1842, Boggs went before Samuel Weston, justice of the peace in Independence and made affidavit that Orrin Porter Rockwell, a resident of Illinois had done the shooting. He applied to Governor Carlin in his affidavit for the surrender of Rockwell "according to law." Subsequently he made another affidavit in which he said he had "good reason to believe, from evidence and information now in his possession, that Joseph Smith, commonly called 'the "Mormon" Prophet,' was accessory before the fact of the intended murder, and that the said Joseph Smith is a citizen or resident of the state of Illinois." He applied to Governor Thomas Reynolds of Missouri, for a demand on Governor Carlin of Illinois, to deliver up Joseph Smith, to be dealt with according to law. Governor Reynolds very willingly granted the request and appointed Edward R. Ford agent to receive the Prophet. In the requisition, Governor Reynolds stated "Joseph Smith is a fugitive from justice, charged with being accessory before the fact, to an assault with the intent to kill, made by one O. P. Rockwell, on Lilburn W. Boggs, in this state (Missouri) and is represented to the executive department of this state as having fled to the state of Illinois." He therefore demanded the surrender of the Prophet on these grounds. Boggs had not accused Joseph Smith of being a fugitive, or with fleeing from Missouri; this charge was added by Reynolds. No doubt his reason was that he knew Missouri could have no claim upon Joseph Smith without making it appear that he had committed the alleged crime within Missouri and fled from her borders.

The foundation for this accusation was perhaps based on the rumor circulated at the time, and printed in the Quincy Whig, that Joseph Smith had prophesied that Boggs would die a violent death. As soon as the Prophet heard of this rumor he took occasion to deny it publicly, saying that he had made no such statement. Nevertheless, it gave occasion for an accusation, and it appears evident that Boggs and his fellow conspirators thought it an opportunity, and an excuse, to get the Prophet within their clutches, where they might kill him "according to law."

Governor Carlin's Action.—Governor Carlin of Illinois appeared to be a party to this conspiracy. He had, at least, become embittered against President Joseph Smith, and was very willing to accede to the demand from Missouri. He was thoroughly acquainted with the law and knew perfectly well that the Prophet was in Nauvoo on the 6th day of May, 1842, consequently was not subject to the requisition of Governor Reynolds of Missouri. He knew that President Smith was not a fugitive from justice; and, even if the false and malicious charge had been true, he knew the Prophet was entitled to a fair and legal trial in Illinois, not Missouri. Yet he would yield to this unlawful and unrighteous demand against his knowledge of these facts.

The Rocky Mountain Prophecy.—On Saturday, August 6, 1842, President Joseph Smith passed over the river to Montrose, in company with General James Adams, Colonel Brewer, Hyrum Smith and a number of others, and witnessed the installation of the officers of the Rising Sun Lodge of Masons, by General Adams, deputy grand master of Illinois. While General Adams was giving instructions to the master-elect, Joseph Smith had a conversation with a number of the brethren who were resting in the shade of the building. His topic was the persecutions of the Saints in Missouri, and the constant annoyance which had followed them since coming to Illinois and Iowa. In the course of his conversation the Prophet uttered a prophecy which he recorded in his journal as follows:

"I prophesied that the Saints would continue to suffer much affliction and would be driven to the Rocky Mountains, many would apostatize, others would be put to death by our persecutors, or lose their lives in consequence of exposure or disease, and some of them would live to go and assist in making settlements and build cities and see the Saints become a mighty people in the midst of the Rocky Mountains."

Arrest of President Smith.—The governor of Illinois honored the demand of the Missourians, and on the 8th day of August, 1842, President Joseph Smith and Orrin P. Rockwell were both taken into custody by the deputy sheriff of Adams County, on a warrant issued by the governor. The prisoners demanded the right of habeas corpus, and the court of Nauvoo issued a writ demanding that the bodies of the two accused men be brought before that court. The deputy sheriff and his aids refused to recognize the jurisdiction of the court, and returned to Governor Carlin for further instructions, leaving the Prophet and Rockwell in the hands of the marshal of Nauvoo. The marshal had no papers by which they could be held, so permitted them to go about their business.

The Prophet's Comments on His Arrest.—Commenting on his arrest, the Prophet said:

"I have yet to learn by what rule of right I was arrested to be transported to Missouri for a trial of the kind stated. 'An accessory to an assault with intent to kill,' does not come under the provision of the fugitive act, when the person charged has not been out of Illinois. An accessory before the fact to manslaughter is something of an anomaly. The isolated affidavit of ex-Governor Boggs is no more than any other man's, and the constitution says, that no person shall be liable to be transported out of the state for an offense committed within the same. The whole is another Missouri farce."

Expecting the return of the deputy sheriff, President Smith secured a writ of habeas corpus from the master in chancery for the district of Illinois, fearing that the court of Nauvoo might be deemed without jurisdiction or authority. Two days later when the officers returned, President Smith and Rockwell were not at home. The deputy sheriff made many threats and tried to intimidate the brethren at Nauvoo, but failing in this, when questioned, he admitted that the course the governor had taken was unjustifiable and illegal.

President Joseph Smith in Retirement.—Because of the excitement which prevailed and the fear that they would be unlawfully dragged to Missouri, Joseph and O. P. Rockwell retired to seclusion. While in retirement the Prophet kept in touch with affairs in Nauvoo and wrote to the Saints from time to time. It was while thus confined that he wrote the important letters which now appear as sections 127 and 128 in the Doctrine and Covenants, on baptism for the dead.

Threats of Mob Vengeance.—When the officers failed to find President Smith and Orrin Porter Rockwell, they were enraged and threatened to return with a sufficient force to search every house in Nauvoo. Ford, the officer from Missouri, declared that he would come with a mob from Missouri and take the Prophet by force. Hearing of these reports, President Smith wrote to Wilson Law, major general of the Nauvoo Legion, advising him to take necessary steps to protect the citizens of Nauvoo against any such attack. In his communication he said he had come to the conclusion that he would never suffer himself to fall into the hands of the Missourians alive, if he could help it. To surrender to the officers of Illinois meant the same thing, for Governor Carlin had joined hands with Missouri, taking unlawful steps to send him to that state. "I am determined, therefore," the Prophet said, "to keep out of their hands, and thwart their designs, if possible."

Emma Smith Appeals to Governor Carlin.—August 17, 1842, Emma Smith wrote a pathetic appeal to Governor Carlin pleading the cause of her husband and the Latter-day Saints, and requesting that he rescind his order to turn President Smith over to his enemies in Missouri. She set forth in a clear, logical manner the fact that the decision to deliver him to the authorities in Missouri was contrary to law. That if he had been guilty of any crime it must have been committed in Illinois, and the pursuit of President Smith was a continuation of the old mob spirit and persecution which had followed the Saints during all the years of their sojourn in Missouri. Others also appealed to the governor, reminding him of the many threats that were made against the citizens of Nauvoo, by John C. Bennett, Edward R. Ford and others. His reply to all of these was that he could not conceive of an attack by violence upon the citizens, and there was "no excitement anywhere but in Nauvoo, amongst the Mormons themselves." There was no apprehension of trouble in other places, so far as he was able to ascertain. At the same time he confessed in conversation, that "persons were offering their services every day, either in person or by letter, and held themselves in readiness to go against the Mormons" whenever he should call upon them. Judge Ralston, who was present when the governor read Emma Smith's letter, asked him how he thought Mr. Smith could go through the midst of his enemies, without violence being used towards him; and, if acquitted, how was he to get back? The governor was unable to make satisfactory reply.

Answering Emma Smith's letter, the governor said he had been "prompted by a strict sense of duty," and in discharge of that duty, had "studiously pursued that course least likely to produce excitement and alarm." He hoped that Joseph Smith would submit to the laws and that justice might be done. At the same time he said the Constitution and the laws of the United States, required him to take the course he did regarding Joseph Smith as a fugitive from justice. Yet he was perfectly aware that President Smith was not a fugitive in any sense of the term. He further suggested that if "he is innocent of any crime, and the proceedings are illegal, it would be the more easy for him to procure an acquittal," and he felt that Missouri would grant the "utmost latitude" in his defense. It was clear that he had no friendly disposition towards the President of the Church. (Essentials in Church History by Joseph Fielding Smith P.266-270)