At this juncture Joseph requested his brother Hyrum to take his family and go with them to Cincinnati. But Hyrum demurred and said, "Joseph, I can't leave you!" Joseph, turning to a number of brethren present, said: "I wish I could get Hyrum out of the way, so that he may live to avenge my blood, and I will stay with you and see it out." But Hyrum Smith was not the kind of man to leave his brother now that the hour of his severest trial had come upon him. His noble nature revolted at the thought, and though the spirit had doubtless whispered Joseph that his life and that of Hyrum's would be sacrificed in the impending crisis, his pathetic words, "Joseph, I can't leave you!" bear testimony to the nobility of the soul that uttered them, and is a witness to the strength of those bonds of love that bound him to his younger brother. Moreover, in consequence of the Prophet's premonitions of his approaching martyrdom, he had ordained his brother Hyrum to succeed him in the presidency of The Church; and hence this consideration as well as his affectionate regard for him as a brother doubtless led him to try to get Hyrum out of harm's way.*

Word was sent to Brigham Young, then on a mission in the eastern States, to return to Nauvoo, and to communicate with the other Apostles and request them also to return to Nauvoo, as likewise all the Elders, and as many more good, faithful men as felt disposed to accompany them, to assist the Saints. Thus every effort was being put forth by the people of Nauvoo to resist oppression and maintain their rights.

*"If Hyrum had lived he would not have stood between Joseph and the Twelve, but he would have stood for Joseph. Did Joseph ordain any man to take his place? He did. Who was it? It was Hyrum. But Hyrum fell a martyr before Joseph did.”—Brigham Young, in a speech at the October conference at Nauvoo, 1844. In Times and Seasons, Vol. v. p. 683.

CHAPTER XXXVII.

COMPLIANCE WITH THE DEMANDS OF GOVERNOR FORD.

N the midst of these preparations, a message was received

in

in the interests of peace, and hoped to be able to avert the evils of war by his presence; and that he might the better judge of the situation he asked that well-informed and discreet persons be sent to him at Carthage, where he had established for the time his headquarters. This request of the governor's was gladly complied with on the part of the people of Nauvoo; and John Taylor and Dr. J. M. Bernhisel were appointed to represent their version of the situation, and for that purpose were furnished with a copy of the proceedings of the city council, and the affidavits of a number of citizens bearing on the subjects that would likely be discussed.

These representatives of the citizens of Nauvoo, found the governor surrounded by their enemies-the Laws, Fosters, and Higbees, besides others living at Warsaw and Carthage. The only audience given to Messrs. Taylor and Bernhisel was in the presence of these parties, by whom they were frequently interrupted in the most insulting manner, and the parties insulting and abusing them were unchecked by Governor Ford.

After the governor had heard the statements of these gentlemen and read the documents presented by them, he sent a written communication to the mayor, Joseph Smith, in which he said that by destroying the Expositor press, the city council of Nauvoo had committed a gross outrage upon the laws and liberties of the people, and had violated the Constitution in several

particulars. He also claimed that the municipal court of Nauvoo had exceeded its authority in granting writs of habeas corpus. He accepted the statement of the mob at Carthage that Joseph Smith refused to be tried by any other court than the municipal court of Nauvoo, although he had before him the most positive proof that Joseph was willing to go before any justice of the peace in Hancock County, except Justice Morrison of Carthage, where an angry mob had collected, and were threatening his destruction, and since the warrant was made returnable to the magistrate who issued it, or any other justice in the county, the Prophet expressed a willingness to go before any other justice, but very properly refused to go to Carthage. He was even willing to be bound over to appear in the circuit court to answer for the part he took in abating the Expositor press as a nuisance. Yet in the face of these facts-in the face of the fact that all the parties charged with riot had appeared before D. H. Wells, a justice of the peace and a nonMormon, and after investigation were acquitted-yet the governor charged the members of the city council with refusing to appear before any other than the municipal court of Nauvoo for an investigation. He demanded that the mayor and all persons in Nauvoo accused or sued submit in all cases implicitly to the process of the courts and to interpose no obstacles to an arrest, either by writ of habeas corpus or otherwise. And in the case of the mayor and a number of the city council charged with riot, he required that they should be arrested by the same constable, by virtue of the same warrant, and tried before the same magistrate, whose authority he insisted had been resisted. "Nothing short of this," he added, "can vindicate the dignity of violated law, and allay the just excitement of the people." Messrs. Taylor and Bernhisel called his attention to the state of excitement in Carthage, and informed him that there were men there bent on killing the Prophet, and that to ensure his safety it would be necessary for him to be accompanied by an armed

force which would doubtless provoke a collision. In answer to this the governor advised them to bring no arms, and pledged his faith as governor, and that of the State, to protect those who should go to Carthage for trial. He also made the same pledge in his written communication to Joseph.

The conduct of the governor in thus adopting the reports of the enemies of the citizens of Nauvoo, and menacing the city with destruction, if his arbitrary commands were not complied with, created no small amount of astonishment in Nauvoo. Joseph, however, wrote a courteous reply, corrected the governor's errors, and also represented that the city council of Nauvoo had acted on their best judgment, aided by the best legal advice they could procure; but if a mistake had been made they were willing to make all things right; but asked that the mob might be dispersed, that their lives might not be endangered while on trial. Relative to going to Carthage, however, Joseph pointed out the fact that the governor himself in his written communication had expressed his fears that he could not control the mob; "in which case," he went on to say, "we are left to the mercy of the merciless. Sir, we dare not come for our lives would be in danger, and we are guilty of no crime.”

On a hasty consultation with his brother Hyrum, Dr. Richards, and Messrs. Taylor and Bernhisel, after the return of the latter from their conference with Governor Ford it was decided that Joseph should proceed to Washington and lay the case before President Tyler, and he informed Governor Ford of this intention in the letter above referred to. That plan, however, at a subsequent council meeting was abandoned; as Joseph received an inspiration to go to the West, and all would be well. He said to the trusted brethren in that council:

The way is open. It is clear to my mind what to do. All they want is Hyrum and myself; then tell everybody to go about their business, and not collect in groups, but scatter about. There is no danger; they will come here and search for us. Let them search;

they will not harm you in person or in property, and not even a hair of your head. We will cross the river tonight and go away to the West.

This was between nine and ten o'clock on the night of the twenty-second of June, and preparations were at once entered into to carry out this impression of the Spirit. W. W. Phelps was instructed to take the families of the Prophet and his brother to Cincinnati; and that night O. P. Rockwell rowed Joseph, Hyrum and Dr. Richards over the Mississippi to Montrose, and then returned with instructions to procure horses for them and make all necessary preparations to start for "the great basin in the Rocky Mountains."

About ten o'clock the next day the governor's posse arrived in Nauvoo to arrest Joseph, but not finding him it returned to Carthage, leaving a man by the name of Yates to watch for the Prophet's appearing. This man said that if the mayor and his brother were not given up, the governor had expressed a determination to send his troops into the city and guard it until they were found, if it took three years.

At this crisis, some of Joseph's friends instead of rendering him all possible assistance to escape from his enemies, complained of his conduct as cowardly and entreated him to return to Nauvoo and not leave them like a false shepherd leaves his flock when the wolves attack them. The parties most forward in making this charge of cowardice were Reynolds. Cahoon, L. D. Wasson and Hiram Kimball. Emma Smith, his wife, also sent a letter by the hand of Reynolds Cahoon, entreating him to return and give himself up, trusting to the pledges of the governor for a fair trial. Influenced by these entreaties to return, and stung by the taunts of cowardice from those who should have been his friends, he said: "If my life is of no value to my friends, it is of none to myself." And after a brief consultation with Rockwell and his brother Hyrum,