Letter of George D. Watt, Reporting Arrival of Emigrants.

SHIP SIDNEY, NEW ORLEANS, November 13, 1842.

DEAR BROTHER.—We have had a passage of fifty-six days—fine weather—with a kind captain and crew, who allowed us every reasonable privilege. There have been five deaths out of the company, and one sailor who fell from the yard arm and was killed. Brother Yates' eldest child, Sister Cannon, Brother Browne's child, and two children belonging to a man not in the Church.

We stuck upon the bar at the mouth of the river, thirty-four hours. About two hours after we got off, the Medford came on the bar, where she stuck thirty hours. We landed here on the 11th instant, and the Medford arrived today, 13th. She lies about ten yards from us. They have had two deaths. Upon the whole, a good passage.

We have taken one of the largest and best steamboats in this port. We pay two and a half dollars per head, and twenty-five cents per cwt. above the weight allowed each person, which is one hundred pounds. We are all going up together.

Yours truly,

GEORGE D. WATT.

Monday, 14.—Presided at city council, when was passed the following "Ordinance regulating the proceedings on writs of habeas corpus."

Writ of Habeas Corpus.

Sec. 1. Be it ordained by the city council of the city of Nauvoo, that if any person or persons shall be or stand committed or detained for any criminal or supposed criminal matter, it shall and may be lawful for him, her, or them to apply to the municipal court, when in session, or to the clerk thereof in vacation, for a writ of habeas corpus; which application shall be in writing and signed by the prisoner, or some person on his, her, or their behalf, setting forth the facts concerning his, her, or their imprisonment, and in whose custody he, she, or they are detained; and shall be accompanied by a copy of the warrant, or warrants of commitments, or an affidavit that the said copy had been demanded of the person or persons in whose custody the prisoner or prisoners are detained, and by him or them refused or neglected to be given. The said court or clerk to whom the application shall be made, shall forthwith award the said writ of habeas corpus, unless it shall appear from the petition itself, or from the documents annexed, that the party can neither be discharged nor admitted to bail, nor in any other manner relieved, which said writ shall be issued under the hand of the clerk, and the seal of the court; which seal may be a written one, until another shall be obtained, and shall be in the following words, to wit: "Seal of the Municipal Court of the city of Nauvoo."

STATE OF ILLINOIS,

CITY OF NAUVOO, ss.

To the People of the State of Illinois, to the Marshal of said City, Greeting:

Whereas application has been made before the municipal court of said city that the body (or bodies) of A B, &c., is or are in the custody of C D, &c., of &c., these are therefore to command, the said C D, &., of &c., to safely have the body (or bodies) of said A B, &c., in his custody, detained, as it is said, together with the day and cause of his (her or their) caption and detention by whatsoever name the said A, B, &c., may be known or called, before the municipal court of said city, forthwith to abide such order as the said court shall make in his behalf; and further, if the said C D, &c., or other person or persons having said A B, &c., in custody shall refuse, or neglect to comply with the provisions of this writ, you, the marshal of said city, or other person authorized to serve the same, are hereby required to arrest the person or persons so refusing or neglecting to comply as aforesaid, and bring him or them, together with the person or persons in his or their custody, forthwith before the municipal court aforesaid, to be dealt with according to law; and herein fail not to bring this writ with you.

Witness, J. S., clerk of the municipal court at Nauvoo, this......day of.........in the year of our Lord one thousand eight hundred and forty.......... J. S., Clerk.

And [this shall] be directed to the city marshal, and shall be served by delivering a copy thereof to the person or persons in whose custody the prisoner or prisoners are detained, and said writ shall be made returnable forthwith, and the form and substance thereof, as herein set forth, and be taken and considered as part and parcel of this ordinance. To the intent that no officer, sheriff, jailer, keeper, or other person, or persons, upon whom such writ shall be served, may pretend ignorance thereof, every such writ and copy thereof served shall be endorsed with these words, "By the Habeas Corpus Act;" and whenever the said writ shall by any person be served upon the sheriff, jailor, keeper, or other person or persons whomsoever, holding said prisoner or prisoners, or being brought to him or them, or being served upon any of his or their under-officers or deputies at the jail, or place where the prisoner or prisoners are detained, he or they, or some of his or their under-officers or deputies shall, upon payment or tender of the charges of bringing the said prisoner or prisoners, to be ascertained by the court awarding the said writ, and endorsed thereon, not exceeding ten cents per mile; and upon sufficient security given to pay the charges of carrying him, her, or them back, if he, she, or they shall be remanded, make return of such writ, and bring or cause to be brought, the body or bodies of the prisoner or prisoners before the municipal court forthwith, and certify the true cause of his, her, or their imprisonment, unless the commitment of such person or persons shall be to the county jail in Hancock county, in which case the time shall be prolonged till five days, after the delivery of the writ as aforesaid, and not longer.

Provided, nevertheless, that in case any person or persons may at any time hereafter be taken and lodged in the city or county jail, under any writ or process, as provided by the city charter of the city of Nauvoo, and shall require a writ of habeas corpus to issue to bring him, her, or them before the municipal court of said city, said writ shall issue to bring him, her, or them before said court, and be directed to the city marshal to be served upon the person or persons in whose custody such prisoner or prisoners may then be detained.

Sec. 2. Where any person or persons not being committed or detained for any criminal or supposed criminal matter shall be confined or restrained of his, her, or their liberty, under any color or pretense whatever, he, she, or they may apply for a writ of habeas corpus, as aforesaid, which application shall be in writing, signed by the party, or some person on his, her, or their behalf, setting forth the facts concerning his, her, or their imprisonment, and wherein the illegality of such imprisonment consists, and in whose custody he, she or they are detained; which application or petition shall be verified by the oath or affirmation of the party applying, or some other person on his, her, or their behalf. If the confinement or restraint is by virtue of any judicial writ or process, or order, a copy thereof shall be annexed thereto, or an affidavit made that the same had been demanded and refused: the same proceedings shall thereupon be had in all respects, as are directed in the preceding section, and any officer, person, or persons, knowing that he or they have an illegal writ, or not having any writ, who shall attempt through any false pretext to take or intimidate any of the inhabitants of this city, through such pretext, shall forfeit for every such offense a sum not exceeding one thousand dollars, nor less than five hundred dollars, or in case of failure to pay such forfeiture, to be imprisoned not more than twelve months nor less than six months.

Sec. 3. Upon the return of the writ of habeas corpus, a day shall be set for the hearing of the cause of imprisonment or detainer, not exceeding five days thereafter, unless the prisoner or prisoners shall request a longer time. The said prisoner or prisoners may deny any of the material facts set forth in the return, or may allege any fact to show either that the imprisonment or detention is unlawful, or that he, she, or they, is or are then entitled to his, her, or their discharge, which allegations or denials shall be made on oath. The said return may be amended, by leave of the court, before or after the same is filed, as also may all suggestions made against it, that thereby material facts may be ascertained. The said court shall proceed in a summary way to settle the said facts, by hearing the testimony and arguments, as well of all parties interested civilly, if any there be, as of the prisoner or prisoners and the persons or person who holds him, her, or them in custody, and shall dispose of the prisoner or prisoners as the case may require. If it appear that the prisoner or prisoners are in custody by virtue of process from any court, legally constituted, he, she, or they can be discharged for the following causes:—First, where the court has exceeded the limits of its jurisdiction, either as to the matter, place, sum, person, or persons; second, where, though the original imprisonment was lawful, yet by some act, omission, or event which has subsequently taken place, the party has become entitled to his, her, or their discharge; third, where the process is defective in some substantial form required by law; fourth, where the process though in proper form has been issued in a case, or under circumstances where the law does not allow process, or orders for imprisonment or arrest, to issue; fifth, where although in proper form the process has been issued or executed by a person or persons, either unauthorized to issue or execute the same, or where the person or persons having the custody of the prisoner or prisoners under such process is not the person or persons empowered by law to detain him, her, or them; sixth, where the process appears to have been obtained by false pretense or bribery; seventh, where there is no general law, nor any judgment, order, or decree of a court, to authorize the process, if in a civil suit, nor any conviction, if in a criminal proceeding. In all cases where the imprisonment is for a criminal or supposed criminal matter, if it shall appear to the said court that there is sufficient legal cause for the commitment of the prisoner or prisoners, although such commitment may have been informally made, or without due authority, or the process may have been executed by a person or persons not duly authorized, the court shall make a new commitment, in proper form, and directed to the proper officer or officers, or admit the party to bail, if the case be bailable.

Sec. 4. When any person or persons shall be admitted to bail on habeas corpus, he, she, or they shall enter into recognizance with one or more securities in such sum as the court shall direct, having regard to the circumstances of the prisoner or prisoners, and the nature of the offense, conditioned for his, her, or their appearance at the next circuit court to be holden in and for the county where the offense was committed, or where the same is to be tried. Where the court shall admit to bail, or remand any prisoner or prisoners brought before the court, on any writ of habeas corpus, it shall be the duty of said court to bind all such persons as to declare any thing material to prove the offense, with which the prisoner or prisoners are charged by recognizance to appear at the proper court having cognizance of the offense, on the first day of the next term thereof, to give evidence thereof touching the said offense, and not to depart the said court without leave; which recognizance so taken, together with the recognizance entered into by the prisoner or prisoners, when he, she, or they are admitted to bail, shall be certified and returned to the proper court, on the first day of the next succeeding term thereof. If any such witness or witnesses shall neglect or refuse to enter into a recognizance as aforesaid, when thereunto required, it shall be lawful for the court to commit him, her, or them to jail until he, she, or they shall enter into such recognizance, or be otherwise discharged by due course of law. If the court shall neglect or refuse to bind any such witness or witnesses, prisoner or prisoners, by recognizance as aforesaid, or to return any such recognizance, when taken as aforesaid, the court shall be deemed guilty of a misdemeanor in office, and be proceeded against accordingly.

Sec. 5. Where any prisoner or prisoners brought up on a habeas corpus shall be remanded to prison, it shall be the duty of the municipal court remanding him, her, or them to make out and deliver to the sheriff, or other person or persons to whose custody he, she, or they shall be remanded, an order in writing, stating the cause or causes of remanding him, her, or them. If such prisoner or prisoners shall obtain a second writ of habeas corpus, it shall be the duty of such sheriff or other person or persons upon whom the same shall be served, to return therewith the order aforesaid; and if it shall appear that the said prisoner or prisoners were remanded for an offense adjudged not bailable, it shall be taken and received as conclusive, and the prisoner or prisoners shall be remanded without further proceedings.

Sec. 6. It shall not be lawful for the municipal court, on a second writ of habeas corpus obtained by such prisoner or prisoners, to discharge the said prisoner or prisoners, if he, she, or they are proven guilty of the charges clearly and specifically charged in the warrant of commitment with a criminal offense; but if the prisoner or prisoners shall be found guilty, the municipal court shall only admit such prisoner or prisoners to bail, where the offense is bailable by law or ordinance, or remand him, her, or them to prison, where the offense is not bailable; or being bailable, if such prisoner or prisoners shall fail to give the bail required.

Sec. 7. No person or persons who have been discharged by order of the municipal court on a habeas corpus, shall be again imprisoned, restrained, or kept in custody for the same cause, unless he, she, or they, be afterwards indicted for the same offense, or unless by the legal order or process of the municipal court wherein he, she, or they are bound by recognizance to appear, the following shall not be deemed to be the same cause. First, if after a discharge for defect of proof, or any material defect in the commitment in a criminal case, the prisoner or prisoners should be again arrested upon sufficient proof and committed by legal process, for the same offense; second, if in a civil suit the party or parties have been discharged for any illegality in the judgment or process, and are afterwards imprisoned by legal process, for the same cause of action; third, generally whenever the discharge has been ordered on account of the non-observance of any of the forms required by law, the party or parties may be a second time imprisoned, if the cause be legal and the forms required by law observed.

Sec. 8. If any person or persons shall be committed for a criminal matter, in case of the absence of a witness or witnesses whose testimony may be considered to be of importance in behalf of the people, the municipal court may adjourn from time to time at its discretion, provided they decide upon the case within thirty days, if it shall appear by oath or affirmation that the witness or witnesses for the people of the state are absent, such witness or witnesses being mentioned by name, and the court shown wherein their testimony is material.

Sec. 9. Any person or persons being committed to the city or county jail, as provided in the Charter in the City of Nauvoo, or in the custody of an officer, sheriff, jailer, keeper, or other person or persons, or his or their under-officer or deputy, for any criminal or supposed criminal matter, shall not be removed from said prison or custody into any prison or custody, unless it be by habeas corpus, or by an order of the municipal court, or in case of sudden fire, infection, or other necessities; if any person or persons shall, after such commitment as aforesaid, make out, sign, or countersign any warrant or warrants for such removal, then he or they shall forfeit to the prisoner or prisoners aggrieved a sum not exceeding five hundred dollars, to be recovered by the prisoner or prisoners aggrieved, in the manner hereinafter mentioned.

Sec. 10. If any member of the municipal court, or the clerk of said court shall corruptly refuse or neglect to issue writ or writs of habeas corpus when legally applied to in a case where such writ or writs may lawfully issue, or who shall for the purpose of oppression unreasonably delay the issuing of such writ or writs, shall for every such offense forfeit to the prisoner or prisoners, party or parties aggrieved, a sum not less than five hundred dollars and not exceeding one thousand dollars, and be imprisoned for six months.

Sec. 11. If any officer, sheriff, jailer, keeper, or other person or persons upon whom any such writ shall be served, shall neglect or refuse to make the returns as aforesaid, or to bring the body of the prisoner or prisoners according to the command of the said writ within the time required by this ordinance, all and every such officer, sheriff, jailer, keeper, or other person or persons shall be guilty of a contempt of the municipal court who issued said writ: whereupon the said court may and shall issue an attachment against said officer, sheriff, jailer, keeper, or other person or persons, and cause him or them to be committed to the city or county jail as provided for by the city charter of the city of Nauvoo, there to remain without bail or mainprize, until he or they shall obey the said writ; such officer, sheriff, jailer, keeper, or other person or persons shall also forfeit to the prisoner or prisoners, party or parties aggrieved, a sum not exceeding one thousand dollars, and not less than five hundred dollars.

Sec. 12. Any person or persons having a prisoner or prisoners in his or their custody, or under his or their restraint, power, or control, for whose relief a writ or writs of habeas corpus is issued, who, with intent to avoid the effect of such writ or writs, shall transfer such person or persons to the custody of, or place him, her, or them under the control of any other person or persons, or shall conceal him, her, or them, or change the place of his, her, or their confinement, with intent to avoid the operation of such writ or writs, or with intent to remove him, her, or them out of the state, shall forfeit for every such offense one thousand dollars, and may be imprisoned not less than one year, nor more than five years. In any prosecution for the penalty incurred under this section, it shall not be necessary to show that the writ or writs of habeas corpus had issued at the time of the removal, transfer, or concealment therein mentioned, if it be proven that the acts therein forbidden were done with the intent to avoid the operation of such writ or writs.

Sec. 13. Any sheriff, or his deputy, any jailer or coroner having custody of any prisoner or prisoners committed on any civil or criminal process, of any court or magistrate, who shall neglect to give such prisoner or prisoners a copy of the process, order, or commitment, by virtue of which he, she, or they are imprisoned, within six hours after demand made by said prisoner or prisoners, or any one on his, her, or their behalf, shall forfeit five hundred dollars.

Sec. 14. Any person, knowing that another has been discharged, by order of the municipal court, on a habeas corpus, shall, contrary to the provisions of this ordinance, arrest or detain him or her again for the same cause which was shown on return of such writ, shall forfeit one thousand dollars for the first offense, and two thousand dollars for every subsequent one.

Sec. 15. All the pecuniary forfeitures incurred under this ordinance shall be and inure to the use of the party for whose benefit the writ of habeas corpus was issued, and shall be sued for and recovered with costs by the city attorney, in the name of the city by information, and the amount when recovered shall, without any deduction, be paid to the parties entitled thereto.

Sec. 16. In any action or suit for any offense against the provisions of this ordinance, the defendant or defendants may plead the general issue, and give the special matter in evidence.

Sec. 17. The recovery of said penalties shall be no bar to a civil suit for damages.

Sec. 18. The municipal court, upon issuing a writ of habeas corpus, may appoint any suitable person to serve the same, other than the marshal, and shall endorse the appointment on the back of said writ.

Sec. 19. This ordinance to take effect and be in force from and after its passage, any act heretofore to the contrary thereof in any wise notwithstanding. Passed November 14, 1842.

JOSEPH SMITH, Mayor.

JAMES SLOAN, Recorder.

Many other bills were discussed on this and previous days.

CHAPTER XI.

PROPHET'S RETIREMENT FROM EDITORSHIP OF "TIMES AND SEASONS"—PROGRESS OF WORK ON THE TEMPLE—DIVISION OF NAUVOO INTO TEN WARDS—WM. SMITH IN THE ILLINOIS LEGISLATURE—GOVERNOR FORD ON MISSOURI'S DEMAND FOR THE PROPHET.

Tuesday, November 15, 1842.—About home. Wrote for the Times and Seasons the following:

VALEDICTORY.

I beg leave to inform the subscribers of the Times and Seasons that it is impossible for me to fulfill the arduous duties of the editorial department any longer. The multiplicity of other business that daily devolves upon me renders it impossible for me to do justice to a paper so widely circulated as the Times and Seasons. I have appointed Elder John Taylor, who is less encumbered and fully competent to assume the responsibilities of that office, and I doubt not that he will give satisfaction to the patrons of the paper. As this number commences a new volume, it also commences his editorial career.

JOSEPH SMITH.

Elder Taylor proceeded to his duties as editor.

Elder Bradley Wilson died suddenly in his 74th year. He received the gospel in Ohio, removed his family to Missouri, and was driven to Nauvoo in 1839. He has left seven sons and thirty-nine grand-children residing in Nauvoo.

Wednesday, 16—About home. In the evening started on a journey to the counties north, in company with John D. Parker.

Thursday, 17.—There was a severe snow storm, and Elder Alpheus Harmon (who was just returning from a mission), and another man, were frozen to death on the prairie between Nauvoo and Carthage. The Mississippi was frozen over, which fulfilled my prophecy of the 5th instant.

Vote to Suspend the Millennial Star.

Monday, 21.—A Council of the Twelve, namely, Brigham Young, Heber C. Kimball, Wilford Woodruff, John Taylor, George A. Smith, Amasa Lyman, and Willard Richards, assembled at the house of Elder Heber C. Kimball, in Nauvoo, and decided by unanimous acclamation that the printing of the Millennial Star and all other publications in England relating to the Church of Jesus Christ of Latter-day Saints be suspended, on the return of Elder Parley P. Pratt from that country, until further instruction from the quorum; and that the foregoing minutes be forwarded to Elder Pratt or to the editor of the Star, which was done by letter from the president and clerk of the council.

Tuesday, 22.—I arrived at home, after a pleasant outing, in good health and spirits.

Wednesday, 23.—At home all day.

Disaster on the Island of Madeira.

Thursday, 24.—By report of the papers, the island of Madeira was visited by a dreadful storm. The summer was hot and weather fine till the 15th, when the rain commenced falling heavily and continued to the 24th. At one o'clock in the afternoon the water fell in torrents, the sky became dark, the streets in the capital became inundated, and the affrighted inhabitants in town and country fled to the mountains. Upwards of two hundred houses were destroyed at Funchal, and much corn and wine. The damage to lives, houses, and crops on the island, and boats in the harbors was incalculable.

Saturday, 26.—At home in the morning. At ten, met in city council, which resolved that the inscription for the seal to be procured for the municipal court of this city shall consist of a circle, including the words "Municipal Court, City of Nauvoo," within which is to be a book circled with rays, on which is to be inscribed the words "Constitution and Charter."

Wrote as follow:—

Letter of the Prophet to H. R. Hotchkiss—Land Purchase Contract Considered.

NAUVOO, November 26, 1842.

Horace R. Hotchkiss, Esq.

DEAR SIR:—Yours of the 8th instant to Sidney Rigdon has been received; and, in consequence of his not knowing anything concerning the matters therein mentioned, or being in any way connected or interested in my affairs, he of course, has handed the letter to me, which I shall proceed to answer.

And, sir, permit me to say, on the subject of the deal between myself, as Trustee-in-Trust for the Church of Latter-day Saints, and you, that I am as anxious as ever to have the contract continue good between us, and to meet the obligations specified in the contract. I am not, neither have I ever been, wishful to shrink from it in any manner whatever, but intend to make payments as fast as my circumstances will admit.

But, sir, you are not unacquainted with the extreme hardness of the times and the great scarcity of money, which put it out of my power to meet all the payments as they fell due, and which has been the only cause of any failure on my part; and should you feel disposed not to press the payments, but offer a lenity equivalent to the state of the times, then, sir, I shall yet endeavor to make up the payments as fast as possible, and consider the contract as still good between us.

I would here say that when I found it necessary to avail myself of the benefits of the bankrupt law, I knew not but that the law required of me to include you amongst the list of my creditors, notwithstanding the nature of the contract between us. This explains the reason of my doing so.

I have since learned, from a decision of the judge of the supreme court, that it was not necessary, and that the [bankrupt] law has no jurisdiction over such a contract. Consequently, as I have before stated, I am disposed to hold it, provided you will not press the payments. Under these circumstances, I consider it necessary to give you the information required in your letter, in regard to the number and kind of houses on the land, &c.

I shall expect to hear from you again soon. In regard to your having written to me some few weeks ago, I will observe that I have received no communication from you for some months back. If you wrote to me, the letter has been broken open and detained, no doubt, as has been the case with a great number of letters from my friends of late, and especially within the last three months.

Few if any letters for me can get through the post office in this place, and more particularly letters containing money, and matters of much importance. I am satisfied that Sidney Rigdon and others connected with him have been the means of doing incalculable injury, not only to myself, but to the citizens in general; and, sir, under such a state of things, you will have some idea of the difficulties I have to encounter, and the censure I have to bear through the unjust conduct of that man and others, whom he permits to interfere with the post office business. Having said so much, I must close for the present.

You will hereby understand my feelings upon the subject and the reasons of the course I have hitherto pursued.

With sentiments of due respect, I remain, as ever, yours respectfully,

JOSEPH SMITH.

P.S.—Should it suit you better, I am ready on my part to renew the contract, and would prefer it.

J. S.

Sudden Illness of Brigham Young.

In the evening went to see Brigham Young, in company with Dr. Richards. He was suddenly and severely attacked by disease, with strong symptoms of apoplexy. We immediately administered to him by laying on of hands and prayer, accompanied with the use of herbs. Profuse vomiting and purging followed, which were favorable indications. Although few so violently attacked ever survive long, yet the brethren were united in faith, and we had firm hopes of his recovery.

Sunday, 27.—At home, except visiting President Young, who remained extremely sick.

Temple Structure Difficulties.

Monday, 28.—At home all day. Charges of an unequal distribution of provisions, giving more iron and steel tools to Reynolds Cahoon's sons than to others, giving short measure of wood to Father Huntington, also letting the first course of stone around the Temple to the man who would do it for the least price, &c., having been instituted by the stonecutters against the Temple committee,—viz., Cahoon and Higbee, I requested the parties to appear at my house this day to have the difficulties settled by an investigation before myself and Counselor William Law. President Hyrum Smith acted as counsel for the defendants, and Elder Henry G. Sherwood for the accusers. The hearing of testimony lasted until four o'clock, at which time the meeting adjourned for half an hour. On coming together again, President Hyrum addressed the brethren at some length, showing the important responsibility of the committee, also the many difficulties they had to contend with. He advised the brethren to have charity one with another, and be united, &c., &c. Elder Sherwood replied to President Hyrum's remarks. President Hyrum explained some remarks before made. Elder William Law made a few pointed remarks, after which I gave my decision, which was that the committee stand in their place as before. I likewise showed the brethren that I was responsible to the state for a faithful performance of my office as sole trustee-in-trust, &c., and the Temple Committee were responsible to me and had given bonds to me, to the amount of $12,000, for a faithful discharge of all duties devolving upon them as a committee, &c. The trial did not conclude until about nine o'clock in the evening.

Tuesday, 29.—In council with Brother Hyrum, Willard Richards, and others, concerning bankruptcy. Afternoon, attended court at the house of Mr. Hunter, grocer, before Alderman Spencer, for slander. I forgave Hunter the judgment, but he was fined $10 for contempt of court.

Wednesday, 30.—Morning, in counsel in the large assembly room preparing evidence in the case of bankruptcy. Afternoon, had Amos Davis brought before the municipal court for slander; but, in consequence of the informality of the writ drawn by Squire Daniel H. Wells, I was non-suited.

A severe storm of snow, rain and wind is reported to have been experienced at Boston this day and evening, doing much damage to the ships and wharves.

Thursday, December 1, 1842.—Emma was sick, attendance upon her occupied some of my time. Visited George A. Smith and Brigham Young, who were sick. Called at Mr. Angel's, in company with Elder Richards, to give some counsel concerning a sick sister. Called on William W. Phelps to get the historical documents, &c.; after which I commenced reading and revising history.

Extract of a Letter from Orrin Porter Rockwell, superscribed to Newel K. Whitney, dated Philadelphia, December 1, 1842, whither he had gone to escape the hands of those who sought his life in Missouri.

DEAR BROTHER JOSEPH SMITH:—I am requested by our friend Orrin Porter [Rockwell] to drop a few lines informing you that he is in this place. His health is good, but his spirits are depressed, caused by his being unable to obtain employment of any kind. He has applied in different parts of the city and country, but all without success, as farmers can get persons to work from sunrise till dark for merely what they eat. He is most anxious to hear from you, and wishes you to see his mother and the children and write all the particulars, how matters and things are, and what the prospects are. I pity him from the bottom of my heart. His lot in life seems marked with sorrow, bitterness and care. He is a noble, generous friend. But you know his worth: any comments from me would be superfluous. He will wait in this place until he hears from you. Please write immediately, as it will be a source of great comfort to him to hear [from you].

If Joseph is not at home, Brother Whitney will be kind enough to write. He says every other one he has come across has been afraid of their shadows, but he watches them well. He comes to see me every day, and I keep him a close prisoner! But he does not complain of my cruelty, or being hard-hearted, but, when with me, seems resigned to whatever punishment I may see proper to inflict, but he takes it in good part. Answer this as soon as received.

Yours truly,

S. ARMSTRONG,

for Orrin Porter [Rockwell].

Friday, 2.—Sat as Mayor on trial of Amos Davis, who was fined in the sum of $25 for breach of city ordinance for selling spirits by the small quantity. In the evening, called on Elder Richards, and Bishop Whitney to take an appraisal of the printing office establishment, preparatory to a lease to Elders Taylor and Woodruff for the term of five years.

Saturday, 3.—Called at the printing office several times. In the afternoon, attended the municipal court in the case of Amos Davis, for breach of city ordinance, &c.

Sunday, 4.—The weather being very wet, I remained at home all day.

The High Council of Nauvoo met, heard, accepted, and adopted the report of their committee for dividing the city into ten wards, as follows:—

The First Ward is bounded on the north by the city boundary line, and on the south by Brattle street.

The Second Ward is bounded on the north by Brattle street or the First Ward, and on the south by Carlos street or the Third Ward.

The Third Ward is bounded on the north by Carlos street or the Second Ward, and on the south by Joseph street or the Fourth Ward.

The Fourth Ward is bounded on the north by Joseph street or the Third Ward, and on the south by Cutler street or the Fifth Ward.

The Fifth Ward is bounded on the north by Cutler street or the Fourth Ward, and on the south by Mulholland street.

The Sixth Ward is bounded on the west by the Mississippi river, and on the east by Main street or the Seventh Ward.

The Seventh Ward is bounded on the west by Main street or the Sixth Ward, and on the east by Durfee street or the Eight Ward.

The Eight Ward is bounded on the west by Durfee street or the Seventh Ward, and on the east by Robinson street or the Ninth Ward.

The Ninth Ward is bounded on the west by Robinson street or the Eight Ward, and on the east by Green street or the Tenth Ward.

The Tenth Ward is bounded on the west by Green street or the Ninth Ward, and on the east by the city boundary line.

Monday, 5.—In the morning, attended in council with Brother Hyrum and others on bankruptcy, making an inventory of our property, and schedule of our liabilities, that we might be prepared to avail ourselves of the laws of the land as did others. Afternoon, had conversation with Brother Green. In the evening, attended the Masonic Lodge.

Tuesday, 6.—Attended the trial of an appealed case of Amos Davis before the municipal court. Judgment confirmed.

Wednesday, 7.—Dined with Elder Orson Hyde and family. Elder Hyde has this day returned home from his mission to Jerusalem. His presence was truly gratifying. Spent the day with Elder Hyde and drawing wood.

Thursday, 8.—Spent the day at home. Received a visit from Elder Hyde and wife.

Inaugural Address of Governor Ford.

This day, Thomas Ford, governor of Illinois, in his inaugural address to the Senate and House of Representatives, remarked that a great deal has been said about certain charters granted to the people of Nauvoo. These charters are objectionable on many accounts, but particularly on account of the powers granted. The people of the state have become aroused to the subject, and anxiously desire that these charters should be modified so as to give the inhabitants of Nauvoo no greater privileges than those enjoyed by others of our fellow citizens.

Friday, 9.—I chopped wood all day. My Brother Hyrum started for Springfield to attend to his case of bankruptcy, with Benjamin Covey as witness. Willard Richards, William Clayton, Henry G. Sherwood, Peter Haws, Heber C. Kimball, Alpheus Cutler, and Reynolds Cahoon accompanied them to attend to my case, present testimony to the government that I was in Illinois at the time Boggs was shot—consequently could not have been a fugitive from the justice of Missouri, and thus procure a discharge from Governor Ford, on Governor Carlin's writ for my arrest. The weather was very cold, and the traveling tedious; yet my messengers traveled thirty-four miles, and stayed with my Brother Samuel Smith, who kept a public-house at Plymouth.

Agitation as to Nauvoo Charters.

Mr. Davis, of Bond county, introduced a resolution to the house of Representatives at Springfield, concerning the charter of Nauvoo, and urged its repeal.

Mr. Hicks was in favor of having the state arms taken from the Mormons.

Mr. Owen thought they had no more than their quota.

[The arms referred to consisted of three cannon, six-pounders, and a few score of muskets, swords, and pistols, which were furnished by the United States to Illinois, for the supply of her militia for common defense, of which the Nauvoo Legion had received but a small portion of that to which it was entitled.]

My Brother, William Smith, representative of Hancock county, colleague with Mr. Owen, made the following speech in the House, in reply to Mr. Davis:—

Speech of William Smith, Brother of the Prophet, on the Chartered Rights of Nauvoo.

MR. SPEAKER.—I beg the privilege of making a few remarks on this subject. This, sir, seems to be a question which has excited, to a very considerable extent, the attention of members who compose this honorable body. But, Mr. Speaker, it does really appear to me that this is a question that has been gotten up quite prematurely; for I doubt not many members here have not yet had the opportunity of learning what privileges are granted in the Nauvoo City Charter.

The subject which the gentleman has raised is only an assumption. I doubt not that if the subject had been fairly investigated, and weighed equally in the balance by every candid individual in the community, that prejudices of this kind would not have obtained such a hold upon the public mind. In the estimation of genuine democracy, the rights of the people of Nauvoo are just as sacred as those of any other people. The people that live there should have just the same privileges extended to them as are awarded to Springfield, Chicago, Quincy, or any other city in the state.

It is true, indeed, that they have labored under many embarrassments. The public mind has been heated in regard to what was supposed to be their chartered privileges. But you, Mr. Speaker, are well aware that all the corporate privileges that they enjoy have been granted to them by a previous Legislature. Upon that occasion all that was done was not considered, by any, more than an act of justice towards them. They had no greater rights or privileges given them than were already enjoyed by the citizens of Quincy or Springfield. The people had chartered privileges in both of those cities, and we have the same in Nauvoo. Our condition in that respect is not at all different from Chicago, Alton, and many other chartered cities in this state. It would be hardly worth while, Mr. Speaker, to detain either you or this honorable body by making many preliminary remarks in respect to our religion. This is a matter that cannot at all come under the purview of this legislature.

I do not fancy myself placed here before a body of sectarians invested, in their own estimation, with authority to enact rules for the government or regulation of any sect upon matters of religion. I do not suppose that I stand in the presence of persons disposed to take away one single religious right pertaining to the people among whom I dwell.

But what could legislation in regard to the matter effect? What would it prove? It would neither prove Joseph Smith to be a Christian nor that Tom Thumb came from the moon. It would prove nothing in reference to the principles of any body of religionists. But I do not feel it my prerogative to enter into a discussion of religious principles here. I know very well that the people called "Mormons" are thought to be a very strange people. I come right from among them, and you can all judge whether or not they seem to have the appearance of a strange animal of seven heads and ten horns. You can all decide for yourselves whether, from the appearance I present, I should be numbered among outcasts, or be ranked among human beings.

One word further as to the chartered privileges. They have, as this honorable body is well aware, assembled a population of from five to ten or fifteen thousand inhabitants. It is in consequence of the privileges granted in their Charter that they have been induced to do this. Nauvoo is not, as some may erroneously suppose—a city composed entirely of Mormons. I can inform gentlemen that Methodists, Presbyterians, Baptists, Universalians, in short, many of the different kinds of religion, and even infidels may be found there; and all these are tolerated there just as in any other community. A great many persons have gone to Nauvoo, and there invested their property. They are now engaged in the erection of buildings, which, when consummated will cost enormous sums of money. But should the Charter of that city be repealed, individuals who now consider themselves rising to wealth, in consequence of what has been done by a former legislature of this state, will be reduced to wretchedness and want. In that event property now worth three to ten thousand dollars will not be worth five hundred, or nothing in comparison to that amount.

There is another point, Mr. Speaker, to which I would call your attention, and that is to the observations which have been made in regard to taking away from the city of Nauvoo the state arms. Well suppose that should be done, would that effect anything? They are now organized, and have, under existing laws drawn a certain portion of the public arms. In that wherein are they acting differently from any other citizens? They have not even that equal proportion of arms that they are entitled to by law. What would be the object in taking away the public arms from the militia of this state? It surely cannot be believed that there is any danger of the Mormons breaking out and killing the people. There is no more danger of that than there is that five, six or a dozen old women and a few boys should do the same thing. Is this state to be carried by a hue-and-cry of that kind raised by politicians? I own that it is not the design of that people even so much as to molest a hair on the head of a single individual; but that, on the contrary, it is their intention in all things to conform to the Constitution and laws of the land. If prejudices have been accumulating upon the public mind calculated to produce the expression that they are villains, such prejudices are entirely unfounded. And it is a great mistake to suppose the contrary. Those people consider themselves bound by the laws, and endeavor to obey them. Have they not, I would ask, contributed their portion towards replenishing your county and state revenues? Have they ever refused to pay their taxes? Have they not always been both ready and willing to obey both the civil and military laws of this state? Where, then, is the necessity, that this honorable body should enact a law taking away from them their chartered privileges?

I will not, Mr. Speaker, detain you or this honorable body much longer. I am heartily sorry that a blow has been aimed at the chartered privileges of Nauvoo. I speak in defense of my constituents upon this occasion, feeling myself bound to do so, not by any former pledges, but by principle. I believe in defending the cause of the defenseless, as has already been remarked. All that we claim is equal rights and equal provisions. I would remark, for the satisfaction of my own feelings in this matter, that I was some little interested in the event of the last election. I then was engaged in the cause of Democracy, enlisted in the campaign of canvassing my county, and in consequence of the many prejudices, that were excited against the "Mormons," as they are called, I was placed under circumstances of most unparalleled embarrassment; but still I thought it a favorable opportunity to unite the Democracy of the county.

I know that considerable political capital has been made by the question of Mormonism and anti-Mormonism. Perhaps one thing that now contributes to that result is, that there are hints in the governor's message in regard to a repeal of the Nauvoo Charter. It is a circumstance within my own knowledge that, previous to the last election in Hancock county, some few individuals there made strong efforts to get our votes for the governor's election. By exertions made there, more than a thousand votes were cast for the governor by Mormon influence; and since I have been here, a gentleman of opposite politics has said to me, "Now your governor is paying you off."

I do not allude to this to wound the feelings of any person whatever. I do not consider that the recommendation of the governor was designed to effect the repeal of our Charter. All that we have to say is that we throw ourselves upon your mercy. As Democrats we ask for equal justice and equal rights. Give us those rights, and we are content; without them we are deprived of that which was purchased by the blood of our fathers.

Saturday, 10.—In this day's paper, William Smith gave his valedictory, resigning the editorship of the Wasp to Elder John Taylor.

Tuesday, 13.—I continued to chop and haul wood, and attend to my domestic concerns. My delegation arrived at Springfield about three o'clock this afternoon, and found the question of the repeal of the Nauvoo Charter in a high state of agitation in the legislature.

Wednesday, 14.—My delegation at Springfield having made affidavit that I was in Illinois on the 6th of May last, and consequently could not have been concerned in the attempted assassination of ex-Governor Boggs, and also having prepared a petition to Governor Ford to revoke the writ and proclamation of Governor Carlin for my arrest, they called on Governor Ford at four in the afternoon, there were present by their selection: Dr. Richards, Brother Hyrum, Elders Sherwood and Clayton, in company with Mr. Butterfield, United States district attorney, who read his communication to Sidney Rigdon, Esq., of the 20th October, my petition to revoke and countermand Governor Carlin's writ and proclamation, and the affidavit of Lilburn W. Boggs.

Governor Ford, in reply, stated that he had no doubt but that the writ of Governor Carlin was illegal; but he doubted as to his authority to interfere with the acts of his predecessor. He finally concluded that he would state the case before the judges of the supreme court at their council next day, and whatever they decided on shall be his decision. He then stated his reasons for recommending a repeal of the Charter, and said that he regretted that he had not recommended a repeal of all the charters in the state.

Thursday, 15.—My delegates at Springfield continued to prosecute my discharge. On the 16th, Brother Hyrum received his discharge in case of bankruptcy; every arrangement was made with Mr. Butterfield, whereby I was equally entitled to a discharge, but was put off with a plea that he must write to the office at Washington before it could be granted.

Saturday, 17.—

Governor Ford to Joseph Smith—on the Missouri Requisition.

SPRINGFIELD, December 17, 1842.

DEAR SIR:—Your petition requesting me to rescind Governor Carlin's proclamation and recall the writ issued against you has been received and duly considered. I submitted your case and all the papers relating thereto to the judges of the Supreme Court, or at least to six of them who happened to be present. They were unanimous in the opinion that the requisition from Missouri was illegal and insufficient to cause your arrest, but were equally divided as to the propriety and justice of my interference with the acts of Governor Carlin. It being, therefore, a case of great doubt as to my power, and I not wishing, even in an official station, to assume the exercise of doubtful powers, and inasmuch as you have a sure and effectual remedy in the courts, I have decided to decline interfering. I can only advise that you submit to the laws and have a judicial investigation of your rights. If it should become necessary, for this purpose, to repair to Springfield, I do not believe that there will be any disposition to use illegal violence towards you; and I would feel it my duty in your case, as in the case of any other person, to protect you with any necessary amount of force from mob violence whilst asserting your rights before the courts, going to and returning.

I am most respectfully yours,

THOMAS FORD.

Letter of Justin Butterfield—Opinion on Governor Ford's Action.

SPRINGFIELD, December 17, 1842.

Joseph Smith, Esq.

DEAR SIR:—I have heard the letter read which Governor Ford has written to you, and his statements are correct in relation to the opinion of the judges of the Supreme Court. The judges were unanimously of the opinion that you would be entitled to your discharge under a habeas corpus to be issued by the Supreme Court, but felt some delicacy in advising Governor Ford to revoke the order issued by Governor Carlin. My advice is, that you come here without delay, and you do not run the least risk of not being protected while here, and of being discharged by the Supreme Court by habeas corpus. I have also the right to bring the case before the U. S. Court, now in session here; and there you are certain of obtaining your discharge. I will stand by you, and see you safely delivered from your arrest.

Yours truly,

J. BUTTERFIELD.

Letter from James Adams, Advising the Prophet to Appear for Trial.

CITY OF SPRINGFIELD, December 17, 1842.

General J. Smith.

MY SON:—It is useless for me to detail facts that the bearer can tell. But I will say that it appears to my judgment that you had best make no delay in coming before the court at this place for a discharge under a habeas corpus.

I am, &c.,

J. ADAMS.

On receiving the foregoing letters, and Dr. Richards having entered for the copyright of a map of the city of Nauvoo for Joseph Smith, in the clerk's office of the District of Illinois, the brethren left Springfield for Nauvoo.

Tuesday, 20.—Chopping and drawing wood with my own hands and team, as I had done mostly since the 9th. President Young continued very sick. This afternoon the brethren arrived from Springfield and presented me with Messrs. Ford, Butterfield and Adams' letters, and general history of their proceedings, which was highly satisfactory.

The First Elder to Die in a Foreign Land.

Elder Lorenzo D. Barnes died this morning at a quarter past three o'clock, at Bradford, England. He is the first Elder who has fallen in a foreign land in these last days. He had been long connected with the Church, and had been distinguished, both in his native land and in Great Britain, for his piety, and virtue. Read correspondence between Dr. Richards and General James Arlington Bennett, and read German with Elder Orson Hyde. Brother Shearer inquired the meaning of the "little leaven which a woman hid in three measures of meal." I replied, it alluded expressly to the last days, when there should be but little faith on the earth, and it should leaven the whole world; also there shall be safety in Zion and Jerusalem, and in the remnants whom the Lord our God shall call. The three measures refer directly to the Priesthood, truth springing up on a fixed principle, to the three in the Grand Presidency, confining the oracles to a certain head on the principle of three.

Friday, 23.—Wrote R. M. Young, Esq., U. S. Senator from Illinois, Washington City, that I would accept the proposals of John C. Walsh, and give him $2,500 for the north-west quarter of section 8, 6 north, 8 west, said land lying between my farm and the city.

Saturday, 24.—At home afternoon. Read and revised my history with Secretary Richards, and walked with him to see Sister Lyon, who was sick. Her babe died a few minutes before our arrival. From there we went to Brother Sabine's to compute expense money for our journey to Springfield, having just borrowed $100 for that purpose. While there, Brother Richards asked if I wanted a wicked man to pray for me? I replied, Yes; if the fervent, affectionate prayer of the righteous man availeth much, a wicked man may avail a little when praying for a righteous man. There is none good but one. The better a man is, the more his prayer will avail. Like the publican and the Pharisee, one was justified rather than the other, showing that both were justified in a degree. The prayer of a wicked man may do a righteous man good, when it does the one who prays no good.

Sunday, 25.—I wrote to Orrin Wright, Jun., Philadelphia.

The Manchester, (England) conference met, numbering 1,507 members including thirty-three Elders, eighty-seven Priests, fifty-three Teachers, and nineteen Deacons under the presidency of Elder Thomas Ward.

CHAPTER XII.

THE PROPHET AT SPRINGFIELD, ILLINOIS—HIS CONVERSATIONS AND INTERVIEWS—PROCEEDINGS ON WRIT OF HABEAS CORPUS BEFORE JUDGE POPE—RELEASE OF THE PROPHET BY ORDER OF THE COURT AND THE EXECUTIVE ORDER OF GOVERNOR FORD—OFFICIAL PAPERS IN THE CASE.

Second Arrest of the Prophet on the Boggs Affair.

Monday, December 26, 1842.—In the morning, held court, and I was afterwards arrested by General Wilson Law, on the proclamation of Governor Carlin, and Elders Henry G. Sherwood; and William Clayton went to Carthage to obtain a writ of habeas corpus to take me before the court at Springfield. General Law gave me into the custody of Dr. Richards, with whom I visited Sister Morey, who was severely afflicted. We prescribed lobelia for her, among other things, which is excellent in its place. I have learned the value of it by my own experience. It is one of the works of God, but, like the power of God, or any other good, it becomes an evil when improperly used. Brother Morey gave me a walking stick, the body of which was from the tooth of the sperm whale, and the top of whale ivory, with an interstice of mahogany. On my return home, I found my wife Emma sick. She was delivered of a son, which did not survive its birth.

The Herefordshire conference (England) under the presidency of Elder William Kay, met at Colwall, numbering eight hundred and forty-four members, including twenty elders, fifty-three priests, twenty-two teachers, and ten deacons.

The Prophet's Start for Springfield.

Tuesday, 27.—At nine in the morning, started in custody of Wilson Law for Springfield, in company with Hyrum Smith, Willard Richards, John Taylor, William Marks, Levi Moffit, Peter Haws, Lorin Walker and Orson Hyde. On our way to Carthage, we met William Clayton and Henry G. Sherwood, who had obtained an order for a writ of habeas corpus from the master in chancery, as no writ could issue, the clerk of court having been elected to the State Senate.

The Prophet's Dream.

There was considerable snow, and the traveling heavy; but we arrived at my Brother Samuel's, in Plymouth, a little after sunset, and we were soon joined by Edward Hunter, Theodore Turley, Dr. Tate, and Shadrach Roundy. I supped with Brother William Smith's family, who lived under the same roof, slept with Dr. Willard Richards on a buffalo skin spread upon the floor, and dreamed that I was by a beautiful stream of water and saw a noble fish, which I threw out. Soon after, I saw a number more, and threw them out. I afterwards saw a multitude of fish, and threw out a great abundance, and sent for salt and salted them.

Wednesday, 28.—The morning was wet. We started about eight o'clock, and arrived at Mr. Stevenson's tavern, in Rushville, at three in the afternoon, about twenty miles. Brother William's wife, who was sick, went with us, accompanied by Sister Durphy, who went with us from Nauvoo to take care of her. I spent a part of the evening with Mr. Uriah Brown and family and a part of my company. In conversation respecting the repeal of charters, I told them that to touch the Nauvoo Charter was no better than highway robbery; and that I never would consent to lowering our charter, but they might bring other chapters up to it. On my return to the tavern, the brethren took my height, which was six feet, and my Brother Hyrum's the same.

Thursday, 29.—Started early; crossed the Illinois river at eleven, and arrived at Captain Dutche's before five in the evening, about thirty-two miles: the weather extremely cold. General Law asked why the sun was called by a masculine name and the moon by a feminine one. I replied that the root of masculine is stronger, and of feminine weaker. The sun is a governing planet to certain planets, while the moon borrows her light from the sun, and is less or weaker.

Let the government of Missouri redress the wrongs she has done to the Saints, or let the curse follow them from generation to generation until they do.

A Missouri Reminiscence.

When I was going up to Missouri, in company with Elder Rigdon and our families, on an extreme cold day, to go forward was fourteen miles to a house, and backward nearly as far. We applied to all the taverns for admission in vain: we were "Mormons," and could not be received. Such was the extreme cold that in one hour we must have perished. We pleaded for our women and children in vain. We counseled together, and the brethren agreed to stand by me, and we concluded that we might as well die fighting as to freeze to death.

I went into a tavern and pleaded our cause to get admission. The landlord said he could not keep us for love or money. I told him we must and would stay, let the consequence be what it might; for we must stay or perish. The landlord replied, "We have heard the Mormons are very bad people; and the inhabitants of Paris have combined not to have anything to do with them, or you might stay." I said to him, "We will stay; but no thanks to you. I have men enough to take the town; and if we must freeze, we will freeze by the burning of these houses." The taverns were then opened, and we were accommodated, and received many apologies in the morning from the inhabitants for their abusive treatment.

The Prophet Meets Justin Butterfield et al.

Friday, 30.—Started at eight this morning, and arrived at Judge Adams', in Springfield, at half past two o'clock in the afternoon, where I saw Justin Butterfield, Esq., United States district attorney, who told me that Judge Pope had continued the court two or three days on account of my case, and would close on the morrow, and that he should try my case on its merits, and not on any technicality.

Sheriff Pitman, of Adams county, was in the place, but would not say whether he had the original writ which had previously been demanded of the officers of Adams county, King and Pitman. I gave Mr. Butterfield a general history of my Missouri persecution, and it was agreed by him that I should be arrested on the writ. Had an interview with my Brother, William Smith, who was a member of the Legislature at the time, and spent the evening with Judge Adams and the brethren from Nauvoo. We all lodged at Judge Adams'.

The Reign of Christ on Earth Expounded.

While in conversation at Judge Adams' during the evening, I said, Christ and the resurrected Saints will reign over the earth during the thousand years. They will not probably dwell upon the earth, but will visit it when they please or when it is necessary to govern it. There will be wicked men on the earth during the thousand years. The heathen nations who will not come up to worship will be visited with the judgments of God, and must eventually be destroyed from the earth.

The Prophet's Trial Before Judge Pope.

Saturday, 31.—At nine in the morning, Mr. Butterfield called and informed me that King had the original writ, and I signed a petition to Governor Ford to issue a new writ, that my case may be tried thereon, as well as on the proclamation. My petition was granted, and at eleven o'clock I was arrested thereon by a deputy, Mr. Maxey, in presence of Mr. Butterfield, my attorney, who immediately wrote a petition to Judge Pope for a writ of habeas corpus, which I signed, and at half-past eleven in the morning went before Judge Pope.

Mr. Butterfield read my petition, and stated that the writ and warrant were different from the requisition of the governor of Missouri. He then read Governor Ford's warrant, Watson's affidavit; Governor Reynolds' requisition on the governor of Illinois, and the proclamation of Governor Carlin, showing that Reynolds had made a false statement, as nothing appeared in the affidavits to show that Smith was in Missouri. He also stated that all the authority for transportation of persons from one state to another rests on the Constitution and the law of Congress. We ask for habeas corpus because the papers are false, and because that we can prove that Joseph Smith was in this state at the time of the commission of the crime.

The writ was granted, returned, and served in one minute, and I walked up to the bar. Mr. Butterfield read the habeas corpus, and moved the court to take bail till I could have a hearing,—which was granted; and although it was only a case of misdemeanor, Generals James Adams and Wilson Law were bailed for me in the sum of $2,000 each, and Monday was set for trial.

A Disturbance Threatened.

The court-room was crowded; and, on our returning, as General Law came to the top of the stairs, one of the crowd observed, "There goes Smith the Prophet, and a good looking man he is;" "And [said another] as damned a rascal as ever lived." Hyrum replied, "And a good many ditto." "Yes, [said the man,] ditto, ditto, G— d— you; and every one that takes his part is as damned a rascal as he is."

When at the foot of the stairs, General Law said, "I am the man, and I'll take his part." Said the man, "You are a damned rascal too." "You are a lying scoundrel," replied Law; and the man began to strip off his clothes and ran out in the street, cursing and swearing, and raising a tumult, when Mr. Prentice, the marshal, interfered, and with great exertions quelled the mob. Much credit is due Mr. Prentice for his zeal to keep the peace.

The Prophet's Interview with Governor Ford.

When the rowdies had dispersed, I went with Mr. Butterfield and Dr. Richards to see Governor Ford, who was sick. He told me he had a requisition from the governor for a renewal of persecution in the old case of treason against Missouri; but he happened to know that it was all dead. We dined with Mr. Butterfield at the American House, where the governor quartered, after which we returned to the general's room. In course of conversation he remarked he was no religionist. I told him I had no creed to circumscribe my mind; therefore the people did not like me. "Well, [said the general,] from reports, we had reason to think the Mormons were a peculiar people, different from other people, having horns or something of the kind; but I find they look like other people: indeed, I think Mr. Smith a very good-looking man."

At two in the afternoon, I returned to Judge Adams', and appointed Elders Hyde and Taylor to preach in the Representatives' Hall on the morrow.

A Discussion with Judge Douglas.

Judge Douglas stated that it was possible to revoke political charters, but not company charters. I argued that if a legislature has power to grant a charter for ten years, it has no power to revoke it until the expiration thereof. The same principle will hold good for twenty or one hundred years, and also for a perpetual charter: it cannot be revoked in time.

The Brewster Movement.

John Darby came in and said he was going to California with Brewster. I told him I would say, as the Prophet said to Hezekiah, "Go, and prosper; but ye shall not return in peace." Brewster may set out for California, but he will not get there unless somebody shall pick him up by the way, feed him and help him along. Brewster showed me the manuscript he had been writing. I inquired of the Lord, and the Lord told me the book was not true—it was not of Him. If God ever called me, or spake by my mouth, or gave me a revelation, he never gave revelations to that Brewster boy [A] or any of the Brewster race.

[Footnote A: James Collins Brewster, the person mentioned by the Prophet in the text, was a boy about sixteen years of age, having been born as nearly as may be ascertained, in the year 1827. He claimed several years previous to this time to have had revelations while in Kirtland, by which he translated the so-called "Book of Esdras" which in some way, not altogether clear, was interpreted to be a guide for the Latter-day Saints. He succeeded in converting his parents and a small number of people to the genuineness of his prophetic powers and gift of translation; and was now contemplating a removal of those who believed in him to California. After the death of the Prophet, in connection with one Hazen Aldridch, he succeeded in holding together a following for a few years, but in the end the Brewster-Aldridch movement was a flat failure, and the organization ceased to exist.]

This afternoon, a team ran away, and went past the State House, when the hue-and-cry was raised, "Joe Smith is running away!" which produced great excitement and a sudden adjournment of the House of Representatives.

Chief Distinction between the Saints and Sectarians.

Sunday morning, January 1, 1843.—The speaker of the House of Representatives called on me to say we might have the hall for preaching this day. Had a pleasant interview with Mr. Butterfield, Judge Douglas, Senator Gillespie, and others. In reply to Mr. Butterfield, I stated that the most prominent difference in sentiment between the Latter-day Saints and sectarians was, that the latter were all circumscribed by some peculiar creed, which deprived its members the privilege of believing anything not contained therein, whereas the Latter-day Saints have no creed, but are ready to believe all true principles that exist, as they are made manifest from time to time.

At the suggestion of the company, I explained the nature of a prophet.

A Prophet Defined.

If any person should ask me if I were a prophet, I should not deny it, as that would give me the lie; for, according to John, the testimony of Jesus is the spirit of prophecy; therefore if I profess to be a witness or teacher, and have not the spirit of prophecy, which is the testimony of Jesus, I must be a false witness; but if I be a true teacher and witness, I must possess the spirit of prophecy, and that constitutes a prophet; and any man who says he is a teacher or preacher of righteousness, and denies the spirit of prophecy, is a liar, and the truth is not in him; and by this key false teachers and imposters may be detected.

At half-past eleven a. m., we repaired to the Representatives' Hall, where Elder Orson Hyde read the hymn "Rejoice ye Saints of Latter Days." Elder Taylor followed in prayer. The Saints then sang "The Spirit of God like a fire is burning." Elder Hyde then preached from the 3rd chapter of Malachi. Most of the members of the Legislature and the various departments of the state were in attendance.

Mormon Service at Springfield.

I dined with Judge Adams at one p.m., and at half-past two returned to the hall, and heard Elder Taylor preach from Revelation 14th chapter, 6th and 7th verses on the first principles of the Gospel. There was a respectable congregation, who listened with good attention, notwithstanding the great anxiety to "see the Prophet."

I supped at Brother Bowman's, where I saw Sister Lucy Stringham (who was one of the first fruits of the Church at Colesville, New York,) and many more of the Saints. At seven I returned to Judge Adams'.