The Rocky Mountain Saints/Chapter 22

The Saints had contributed largely to the success of the Whig ticket in 1840, and the Democrats comprehended clearly the advantage it would be to them to secure their influence. When Joseph's agents presented themselves to the Legislature of Illinois, during the session of 1840–1, asking for a city charter for Nauvoo, and the incorporation of the militia into a body to be called " the Nauvoo Legion," they were very kindly received and their wishes hastily granted. The charters were passed without a dissenting voice.

The eleventh section of the city charter read thus:

"All power is granted to the city council to make, ordain, establish, and execute all ordinances not repugnant to the Constitution of the State or of the United States, or, as they may deem necessary for the peace and safety of said city."

This was all that Joseph required. It was now for him to decide what was 66 necessary," and, had troubles not afterwards arisen in Illinois, the liberality of the charter would probably never have been regretted, for at that date Joseph was, in the sight of every law-abiding citizen, justified in seeking, by every means that had the appearance of constitutional law, to preserve himself and the people against the demands of Missouri.

The city charter provided for a mayor, four aldermen, and nine councillors, a mayor's court, with exclusive jurisdiction in all cases arising under the city ordinances; a municipal court, ​with the mayor as chief justice, and the four aldermen as associates, with power to issue writs of habeas corpus. The Legion was organized, and was rendered independent of all the militia officers of the State, save the Governor as commander-in-chief. It established its own court-martial, and provided for everything within itself. Dr. Bennett was elected mayor of the city, and Joseph Smith lieutenant-general of the Legion.

The city council immediately prepared for eventualities, and passed an ordinance that no citizen could be taken from Nauvoo by any process of law whatever, without the endorsement of the mayor as to its legality. The charter admitted of this, and almost any construction that the city council chose to give it. The Governor, who had signed the charter, soon afterwards perceived the blunder, and before long saw his own warrant for the arrest of Joseph set aside. In a communication, dated September 7th, 1842, he says:

"I must express my surprise at the extraordinary assumption of power by the board of aldermen, as contained in said ordinance; from my recollection of the charter, it authorizes the municipal court to issue writs of habeas corpus, in all cases of imprisonment or custody, arising from the authority of the ordinances of said city; but that power was granted or intended to be granted to release persons held in custody under the authority of writs issued by the courts or the executive of the State, is most absurd and ridiculous, and an attempt to exercise it is a gross usurpation of power that cannot be tolerated."

"Absurd and ridiculous" as the assumption of such powers might seem twenty months after his Excellency, Governor Carlin, had attached his signature to the charter approving of it, at the time of its passage through the Legislature, no such language was held by any one. At a later date Governor Ford, his successor, had to be more explicit. He, too, was embarrassed by the liberality of the charter, and he saddles the responsibility of Joseph's interpretation where it justly belongs:

"The powers conferred were expressed in language at once ambiguous and undefined, as if on purpose to allow of misconstruction. The great law of the separation of the powers of government was wholly disregarded. The mayor was at once the executive power, the judiciary, and part of the Legislature. The common council, in passing ordinances, were restrained only by the Constitution. One would have thought that these ​charters (the city, the Legion, and the Nauvoo House) stood a poor chance of passing the Legislature of a republican people, jealous of their liberties. Nevertheless, they did pass unanimously through both houses. Messrs. Little and Douglas managed with great dexterity with their respective parties. Each party was afraid to object to them for fear of losing the Mormon vote, and each believed that it had secured their favour. A city government under the charter was organized in 1841, and Joe [Joseph]^[1] Smith was elected mayor.

"In this capacity he presided in the common council and assisted in making the laws for the government of the city, and as mayor also he was to see these laws put into force. He was ex-officio judge of the mayor's court, and chief-justice of the municipal court, and in these capacities he was to interpret the laws which he had assisted to make. The Nauvoo Legion was also organized with a great multitude of high officers. It was divided into divisions, brigades, cohorts, regiments, battalions, and companies. Each division, brigade, and cohort had its general, and over the whole, as commander-in-chief, Joe [Joseph] Smith was appointed lieutenant-general. These officers, and particularly the last, were created by an ordinance of the court-martial, composed of the commissioned officers of the Legion.

"Thus it was proposed to re-establish for the Mormons a government within a government, a legislature with power to pass ordinances at war with the laws of the State; courts to execute them, with but little dependence upon the constitutional judiciary, and a military force at their own command, to be governed by its own laws and ordinances, and subject to no State authority but that of the Governor."^[2]

In ecclesiastical affairs "the cause " was quite as prosperous. The British mission was a grand success. The apostles and elders found "the harvest" ripe and ready for the sickle. Thousands had been converted. The Book of Mormon had been re-published, a book of hymns adapted to the new faith had been issued, and the Millennial Star was founded. Wealth came with the new converts, and a goodly immigration poured into Nauvoo. Under such favourable conditions the cornerstones of the "House of the Lord" in Nauvoo were laid on the 6th of April, 1841—the eleventh anniversary of the organization of the Church. This was the most pleasant season of Joseph's life; but his happiness was of short duration. As so ​long an account of his tribulations has been given, the reader may now, perhaps, glance with interest at his short-lived glory.

Consistent with the character of the great mission that was ever uppermost in his mind, it was to him very appropriate that the military on this occasion should be blended with the ecclesiastical in laying the foundation of the Temple. As the Church was advancing to "power and great glory," it was proper that the Lieutenant-General should take precedence of the Prophet. The Legion was, therefore, the first in the programme.

The Times and Seasons—the organ of the Church at Nauvoo—furnishes the picture of that "great day in Israel":

"At an early hour the Lieutenant-General was informed that the Legion was ready for review, and accompanied by his staff, consisting of four aides-de-camp and twelve guards, nearly all in splendid uniforms, took his march to the parade ground. On their approach they were met by the band, beautifully equipped, who received them with a flourish of trumpets and a regular salute, and then struck up a lively air, marching in front to the stand of the Lieutenant-General. On his approach to the parade ground the artillery were again fired, and the Legion gave an appropriate salute. This was indeed a glorious sight, such as we never saw, nor did we ever expect to see such a one in the West. The several companies presented a beautiful and interesting spectacle, several of them being uniformed and equipped, while the rich and costly dresses of the officers would have become a Buonaparte or a Washington.

"After the arrival of Lieutenant-General Smith, the ladies, who had made a beautiful silk flag, drove up in a carriage to present it to the Legion. Major-General Bennett very politely attended on them, and conducted them in front of Lieutenant-General Smith, who immediately alighted from his charger and walked up to the ladies, who presented the flag, making an appropriate address. Lieutenant-General Smith acknowledged the honour conferred upon the Legion, and stated that as long as he had the command it should never be disgraced, and then politely bowing to the ladies, gave it into the hands of Major-General Bennett, who placed it in possession of Cornet Robinson, and it was soon seen gracefully waving in front of the Legion. During the time of presentation the band struck up a lively air, and another salute was fired from the artillery.

"After the presentation of the flag, Lieutenant-General Smith, accompanied by his suite, reviewed the Legion, which presented a very imposing appearance, the different officers saluting as he passed. Lieutenant-General Smith then took his former stand, and the whole Legion passed before him in review."

​As soon as this was ended a procession was formed with the Lieutenant-General-Prophet at its head, followed by his aides, brigadiers, military band, infantry, and cavalry, and "a troop of young ladies, eight abreast." On arrival at the Temple block, the generals, with their staffs and the distinguished visitors, took their position inside the foundation; the ladies formed on the outside next the wall, the gentlemen and infantry behind, and the cavalry in the rear. When all was ready the signal was given, and the choir burst forth with a new hymn. Sidney Rigdon was the orator, and passed in review the history of the Saints from their small beginnings, their constant persecutions, mobbings, and drivings, till now they had got where they could in peace lay the foundation of a Temple with the prospect of completing it without the interruption of mobs. Another hymn and the invocation of the blessing of the Almighty, prepared the Prophet for the ceremony of laying the "first corner-stone of the Temple of Almighty God." The entire proceeding terminated with the Prophet offering a solemn prayer, imploring the favour of Heaven for the Saints that they might be prospered and preserved to build that house in which to worship the God of their fathers. The Times and Seasons, inspired by the glory of the day, presaging, as the Saints believed, the beginning of a new era, gave expression to a hope of peace, which proved sadly delusive:

"It was a gladsome sight and extremely affecting to see the old revolutionary patriots, who had been driven from their homes in Missouri, strike hands and rejoice together in a land where they knew they would be protected from mobs, and where they could again enjoy the liberty for which they had fought many a hard battle. The day was indeed propitious; heaven and earth combined to make the scene as glorious as possible."

Alas! how soon this sunshine of prosperity was to be clouded, and this rejoicing in peace to be turned into mourning!

Governor Boggs was not yet through with the Prophet. He made a requisition upon Governor Carlin, of Illinois, to surrender Joseph Smith, Sidney Rigdon, and other leading Mormons, "as fugitives from justice." A writ was issued for their arrest, but the sheriff "could not find them!" The writ was returned, and the matter for the time dropped. Public opin​ion was everywhere against Missouri, and the press sustained the Mormons.

Some months afterwards Joseph was arrested on the same charge, and on a writ of habeas corpus the case was heard before Judge Stephen A. Douglas, of the Circuit Court, and the prisoner was discharged on the ground that the writ, having been previously returned to the Governor, was null and void.