the prophet charged with being an accessory to the attempted assassination of boggs—orrin porter rockwell accused of the crime—the governor's requisition—the arrest—the prophet's desire for peace—wilson law's brave words—emma smith's noble appeal to the governor—carlin's false reply—amasa m. lyman ordained an apostle—three hundred and eighty faithful volunteers.

independence was hundreds of miles from nauvoo. the vast stretch of country lying between the two cities was inhabited by a people who had sworn death to any "mormon" daring to set foot on missouri soil. the county of jackson was the place from which the saints had first been driven in the state, with the loss of all their possessions; and from which the prophet and his companions, in 1839, had barely escaped with their lives. on the day when lilburn w. boggs was shot at independence, jackson county, missouri, joseph smith attended the officers' drill at nauvoo. the day before the attempt on boggs' life general adams of springfield had been with the prophet; the day following the attempt, judge stephen a. douglas and many lawyers of his court, with twelve thousand other people, saw joseph smith reviewing the legion at nauvoo.

and yet lilburn w. boggs went before a justice of the peace for jackson county, one samuel weston, and swore to a complaint charging joseph smith with "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 6th of may, 1842." this affidavit was not made until the latter part of july; and, during the interval, boggs and his friends had ample time to ascertain that no "mormon" could possibly have been connected with the assault—even if they had not been able to secure the actual assassin. they had investigated the subject, for their kidnappers were constantly hovering around the prophet's person. if they could have secured him by force, boggs would not have committed this perjury. but they must get him at all hazards. it would not do to charge him as principal in the commission of the deed because hundreds of prominent men in the state of illinois could have testified to an alibi. they must select some person comparatively obscure, upon whom to charge the deed itself. as this victim they chose orrin porter rockwell, although he had spent the spring and summer of 1842 in illinois; and they charged the prophet as being accessory, without taking the pains to trace any connection between rockwell and the deed, or between the prophet and rockwell.

boggs, having been governor of missouri, found it easy to secure a requisition from governor reynolds for the persons of joseph smith and orrin p. rockwell; and upon this manifestly absurd and unconstitutional demand, governor carlin issued his warrant for their apprehension.

on the 8th day of august, 1842, the deputy sheriff of adams county with two assistants, arrested joseph smith and orrin p. rockwell, at nauvoo, by virtue of the warrant from carlin upon the requisition of the governor of missouri.

the monstrous character of the charge and the proceedings was clearly apparent, but neither joseph nor his fellow-prisoner made any attempt to use force in the evasion of the illegal process. they succeeded in getting a writ of habeas corpus; but the officers refused to comply with its demands for the bodies of smith and rockwell and returned their original writ to governor carlin for further instruction. no doubt they were aware of the character of the duty entrusted to them: they were to arrest as fugitives from the justice of missouri men who had not been in that state during or since the commission of the crime charged, men who were as palpably innocent of the offense as the officers themselves. under these circumstances it is no cause for wonder that they should have sought renewed orders.

when the officers were gone from nauvoo, joseph and orrin absented themselves pending preparations for a legal defense against this unlawful seizure. the sheriff returned with his aides to nauvoo on wednesday, the 10th of august. failing to find his prey, he sought to terrify emma and others into a disclosure of the prophet's whereabouts—making violent threats to be executed in case of their refusal. william law contended in argument with the officers, pronouncing the whole proceedings to be illegal and ridiculous. so closely did he press the point that the deputy sheriff acknowledged his own belief that joseph was entirely innocent, and that governor carlin's course was unjustifiable and unconstitutional.

rockwell, to escape from the missouri kidnappers, took a journey to the eastern states where he remained some months.

joseph left nauvoo and spent a little time at his uncle john smith's in zarahemla. on the night of thursday, the 11th of august, he went in a skiff with brother erastus h. derby to an island in the mississippi between nauvoo and montrose, where they were met by emma, hyrum, william law, newel k. whitney, george miller, william clayton and dimick b. huntington. joseph's visitors stated to him the current report that the governor of iowa had issued a warrant for his apprehension and that the sheriff of lee county was expected any hour to execute it. the situation was critical; and joseph's immediate removal from his uncle john's seemed necessary. it was decided that the prophet should proceed to the house of edward sayers in nauvoo, and abide there for a time. the next day william walker crossed the river from nauvoo into iowa, riding the prophet's well-known horse joe duncan, to lead the gathered officers and kidnappers away from the idea that joseph was on the nauvoo side of the river.

on saturday, the 13th, a letter was received by hyrum from elder hollister at quincy, stating that governor carlin admitted the proceedings to be illegal and declared that he would not pursue them further. ford, the agent appointed to receive joseph from the hands of the sheriff and carry him to missouri, now announced his conclusion to take the first boat for home, as it was useless to wait longer. these announcements of carlin and ford were but part of a plan to lead the prophet from his hiding-place and get him into the hands of his enemies. it was learned that ford had declared his purpose to have a large force brought from missouri, and already companies of marauders were making search in montrose, nashville, keokuk and other places for joseph, to win the reward of $1,300 which was offered for his capture. william walker's ruse had been successful, and most of the efforts were directed to the iowa side of the river; but the officers of illinois, who were also eager to gain the reward, were determined if possible to have him delivered to them at nauvoo. they said they would stay in the city a month but that they would find him, and if he were not then forthcoming, they would lay nauvoo in ashes.

emma had followed joseph to the house of edward sayers to nurse him as he was in ill health.

on the 14th of august joseph wrote to wilson law, who had been elected major-general of the nauvoo legion, concerning the threats of missouri mobocrats and illinois kidnappers against the welfare of nauvoo and the liberty of her citizens. he said:

we will take every measure in our power, and make every sacrifice that god or man can require at our hands, to preserve the peace and safety of the people without collision. and if sacrificing my own liberty for months and years were necessary i would bow to my fate with cheerfulness, and with a due consideration for the lives, safety and welfare of others. but if this policy cannot accomplish the desired object * * * we will defend ourselves to the best advantage we can and to the very last.

the entire sentiment of this letter indicates the wish of the prophet for peace and the supremacy of the law, and also his courageous intention of submitting supinely no more to mobocratic violence—murder and plunder.

the answer of wilson law is important in a personal sense. he says:

i do respond with my whole heart to every sentiment you have so nobly and feelingly expressed; and while my heart beats or this hand which now writes is able to draw and wield a sword, you may depend on its being at your service in the glorious cause of liberty and truth, ready at a moment's warning to defend the rights of men, both civil and religious.

brave words these; but they were not sustained by subsequent deeds. wilson law was the benedict arnold of nauvoo. in less than two years after he wrote that letter, filled with sentiments of intense affection, he aided to bring the prophet to his death.

joseph had considered, during a brief time after the service of this writ, the advisability of taking his family and traveling into the distant north-west, to remain for a season, in order that persecution might be drawn away from nauvoo and the people there be spared the horrors which had attended the saints in missouri. but when he found that the hatred of his opponents was extended to the city and people of nauvoo, he abandoned all thought of retreating from the scene. if his absence could have preserved his brethren and sisters he would have cheerfully banished himself into the wilderness; but since the danger which menaced them was a common danger he would remain and share it.

on the night of the l5th of august, hyrum smith and several others came to joseph's hiding place and informed him that the officers had threatened to bring a great force against the city and that the prophet would be safer at a distance. the brethren who brought this message and advice labored under great excitement and fear for joseph; but he took occasion to calmly reprove them for their agitation, and he advised them to maintain an even and undaunted mind. their courage was renewed with this exhibition of his fortitude, and they gladly remained with him in serenity and joy, listening to his salutary counsels until two o'clock in the morning.

from his retreat he issued on the 15th an editorial article for the times and seasons under the title of "persecution," in which he analyzes this movement against himself and the saints, and demonstrated the ridiculous illegality and insufficiency of the process.

emma had declared her willingness to share her husband's exile and self-imposed banishment if necessary. as that plan was abandoned she offered to visit governor carlin and lay joseph's case before that functionary. in answer to this proposition the prophet wrote to her:

the governor is a fool; the more we flatter him the more eager he will be for our destruction. you may write to him whatever you see proper; but to go and see him i do not give my consent.

with this permission to write, emma addressed a dignified and able communication to carlin, in which she called upon him by virtue of his position as an officer and by every sense of manliness, to spare joseph and the people of nauvoo from unjust persecution. this letter alone is sufficient to demonstrate that emma was a woman of superior ability, and that she had an exalted appreciation and love for her great husband. she says:

was my cause the interest of an individual, or of a number of individuals, then, perhaps, i might be justified in remaining silent. but it is not. nor is it the pecuniary interest of a whole community alone that prompts me again to appeal to your excellency. but, dear sir, it is for the peace and safety of hundreds, i may safely say, of this community, who are not guilty of any offense against the laws of the country; and also the life of my husband, who has not committed any crime whatever, neither has he transgressed any of the laws, or any part of the constitution of the united states; neither has he at any time infringed upon the rights of any man, or of any class of men, or community of any description. need i say, he is not guilty of the crime alleged against him by governor boggs? indeed, it does seem entirely superfluous for me, or any one of his friends in this place, to testify to his innocence of that crime, when so many of the citizens of your place, and of many other places in this state, as well as in the territory, do know positively that the statement of governor boggs is without the least shadow of truth; and we do know, and so do many others, that the prosecution against him has been conducted in an illegal manner; and every act demonstrates the fact, that all the design of the prosecution is to throw him into the power of his enemies, without the least ray of hope that he would ever be allowed to obtain a fair trial, and that he would be inhumanly and ferociously murdered, no person having a knowledge of the existing circumstances, has one remaining doubt; and your honor will recollect that you said to me, that you would not advise mr. smith ever to trust himself in missouri.

and, dear sir, you cannot for one moment indulge one unfriendly feeling towards him, if he abides by your counsel. then, sir, why is it that he should be so cruelly pursued? why not give him the privilege of the laws of this state? when i reflect upon the many cruel and illegal operations of lilburn w. boggs, and the consequent suffering of myself and family, and the incalculable losses and sufferings of many hundreds who survived, and many precious lives that were lost,—all the effect of unjust prejudice and misguided ambition, produced by misrepresentations and calumny, my bosom heaves with unutterable anguish. and who, that is as well acquainted with the facts as the people of the city of quincy, would censure me if i should say that my heart burned with just indignation towards our calumniators as well as the perpetrators of those horrid crimes?

but happy would i now be to pour out my heart in gratitude to governor boggs, if he had arose with the dignity and authority of the chief executive of the state, and put down every illegal transaction, and protected the peaceable citizens and enterprising emigrants from the violence of plundering outlaws, who have ever been a disgrace to the state, and always will, so long as they go unpunished. yes, i say, how happy would i be to render him not only the gratitude of my own heart, but the cheering effusion of the joyous souls of fathers and mothers, of brothers and sisters, widows and orphans, whom he might have saved by such a course, from now dropping under the withering hand of adversity, brought upon them by the persecutions of wicked and corrupt men.

and now may i entreat your excellency to lighten the hand of oppression and persecution which is now laid upon me and my family, which materially affect the peace and welfare of this whole community; for let me assure you that there are many whole families that are entirely dependent upon the prosecution and success of mr. smith's temporal business for their support; and if he is prevented from attending to the common avocations of life, who will employ those innocent, industrious, poor people, and provide for their wants?

but, my dear sir, when i recollect the interesting interview i and my friends had with you, when at your place, and the warm assurances you gave us of your friendship and legal protection, i cannot doubt for a moment your honorable sincerity, but do still expect you to consider our claims upon your protection from every encroachment upon our legal rights as loyal citizens, as we always have been, still are, and are determined always to be a law-abiding people; and i still assure myself, that when you are fully acquainted with the illegal proceedings practiced against us in the suit of governor boggs, you will recall those writs which have been issued against messrs. smith and rockwell, as you must be aware that mr. smith was not in missouri, and of course could not have left there, with many other considerations, which, if duly considered, will justify mr. smith in the course he has taken.

and now i appeal to your excellency, as i would unto a father, who is not only able but willing to shield me and mine from every unjust prosecution. i appeal to your sympathies, and beg you to spare me and my helpless children. i beg you to spare my innocent children the heart-rending sorrow of again seeing their father unjustly dragged to prison or to death; i appeal to your affections as a son and beg you to spare our aged mother—the only surviving parent we have left—the unsupportable affliction of seeing her son, whom she knows to be innocent of the crimes laid to his charge, thrown again into the hands of his enemies, who have so long sought for his life; in whose life and prosperity she only looks for the few remaining comforts she can enjoy. i entreat your excellency to spare us these afflictions and many sufferings which cannot be uttered, and secure to yourself the pleasure of doing good, and vastly increasing human happiness—secure to yourself the benediction of the aged, and the gratitude of the young, and the blessing and veneration of the rising generation.

the tone of the foregoing also proves that emma shared the prophet's humanitarian views, and it proves that the sentiments joseph breathed at home were the sentiments he uttered abroad, prophetic and noble. william clayton carried this letter to governor carlin at quincy and delivered it to him in the presence of judge ralston. carlin read the communication with great attention and expressed astonishment and admiration at its character. he first proceeded to announce his certainty that there was no excitement anywhere but in nauvoo and among the "mormons" themselves: that elsewhere all was quiet and there was no apprehension of trouble. however, before elder clayton departed, the governor so far forgot his falsehood as to say that persons were offering their services every day either in person or by letter to fight the "mormons;" and that these warlike volunteers held themselves in readiness to come up against nauvoo whenever he should call upon them. he had the effrontery to suggest that joseph should give himself up to the sheriff, despite the fact that all the proceedings were notoriously illegal, and despite the fact that the prophet's enemies had sworn to kill him in case he should be acquitted of the charge made against him. carlin could not even say that if joseph gave himself up his protection from the mob, in traveling to and from court, would be guaranteed.

on the 18th of august the pursuers had pressed so closely upon the prophet's retreat that he departed from brother sayers' house and went to the residence of carlos granger in the north-east part of the city.

on the 19th of august joseph concluded to go to his own home and remain for a time.

the next day, saturday, august 20th, 1842, the apostles met in council and ordained amasa m. lyman to be one of the twelve. amasa had been ordained an elder under joseph's hands in hiram, portage county, ohio, in 1832, and had been one of the prophet's fellow-prisoners chained to him with the same manacles, in richmond jail, missouri.

on monday, the 29th day of august, 1842, the prophet had been absent from the congregation of the saints three weeks—hiding from his enemies. on that day the conference was assembled in the grove near the temple, when joseph suddenly appeared upon the stand. the saints were delighted to see him and showed great animation and cheerfulness. he addressed them with all his wonted fire, and advised them concerning all the exigencies of their situation. he reminded the people that the lies of john c. bennett were being scattered over the land and called for elders to go abroad to declare the truth and refute the slanders which the enemies of the prophet and the church were circulating. while he talked an indescribable transport of joy was manifested by the assembly; and when he concluded three hundred and eighty elders volunteered to go immediately into the east upon the proposed mission of enlightenment.