TO THOMAS FORD
1844 JANUARY 1

FC. Joseph Smith, Nauvoo, Illinois, to Thomas Ford, Springfield, Illinois, 1 January 1844, 3 pp., in hand of William W. Phelps, Joseph Smith Collection, LDS Church Archives.

When Daniel and Philander Avery were kidnapped and imprisoned in Missouri, Joseph Smith sent an affidavit, by Delmore Chapman on 6, December outlining the situation and asking Governor Thomas Ford what should be done. As mayor Joseph explained that he would act according to his best judgment constitutionally "till I receive your instructions." He also asked if any portion of the Nauvoo Legion should be called out.660

On 12 December 12, Governor Ford wrote that the militia could be mustered only to repel invasion, suppress insurrection, or meet some other emergency, but "not to suppress, prevent, or punish individual crimes." He added that kidnapping a citizen from Illinois to Missouri was indictable, but that "the Constitution and laws have provided no means whereby either the person or property taken away can be returned except by an appeal to the laws of Missouri. The Governor has no legal right to demand the return of either. . . . In every Country individuals are liable to be visited with wrong which the law is slow to redress and some of which are never redressed in this world." As to Joseph's request for relief from threats of extradition and harassment by Missouri authorities, he replied that in August he had received many affidavits and evidence on the subject from Joseph and others. He wrote, "I have not read them and probably never will, unless a new demand should be made in which case they will receive a careful perusal and you may rest assured, that no Steps will be taken by me but such as the Constitution and laws may require."661

On 1 January 1844, Joseph answered in this letter.

Nauvoo Jan'y 1 1844

Gov. Thomas Ford

Your Letter of the 12th Dec last is before me, and lest a wrong impression may be imbibed, or may have been cherished by your excellency or his friends relative to the late disturbances of the mob in this section as well as the outrageous act of kidnapping two citizens of Illinois and my question whether I should call out any portion of the Legion &c, let me say that there must have been a mis conception of my idea as expressed in the letter, <and> as backed up by the affidavit of Mr [Delmore] Chapman. We have never talked of sending men to Missouri <to fight.> No you can not even compel a witness to go there much less an armed force, but as Col. Levi Williams662 (sworn to support the constitution) had there, and still has, (if I am correctly informed and the numerous affidavits are true) from one to three hundred men well armed with rifles, pistols bowie [knives] &c to guard himself from being taken by a warrant, now in the hands of some constable; and as was affirmed, to kidnap a Mr Turner [p. 1] of this city and others as reported, in addition to the two Averys already there groaning in the prisons of Missouri I thought it advisable to have a portion of the Legion ready to resist a mob. A burnt child dreads the fire, and when my old friends, men women and children look to me in the hour of danger for protection, and the wives and children of kidnaped men beg with tears for Justice and protection I am bound by my o[a]th of office and by all laws human and divine to grant it. I have always said I should act constitutionally. I know I have no power to call out men to go to Missouri, or to take Col Williams. the constable can take such a posse as he pleases, or the sheriff may, if necessary to affect the ends of Justice, call out the power of the county, and I as Mayor of the city of Nauvoo, have power when an armed mob has been organized for weeks, and carried off to another state innocent citizens, and flung them into prisons, and threaten to take more and if resisted, say they will slaughter the inhabitants of the city, and swear [p. 2] "if the Governor opens his mouth, they will punch a hole in him." I say I have power to call upon any portion of the Legion to resist them and keep the peace of the city, and from the good opinion I have of your excellency and the favorable reports from others of your excellencys honorable intentions for all laudable citizens, and a high minded spirit to magnify the Law and make it efficent. I know I shall merit your sanction for honest endeav[o]r to keep the peace, and shall be boulstered up by the Governors cordial cooperation in every move that is virtuous, patriotic, and wise.

I would say Orin P. Rockwell has just returned from about <nine> months prison service in Missouri,663 and tha<t> he has had to walk upon the burning ploughshare, with bare feet. they are unblistered. and his garments are unscorched. he has suffered innocently. who will not see the injustice of Missouri? Mr Rockwell rec[ei]ved an honorable acquittal from a Jury in the very hot bed of mobbery and Boggs violence. Mr Daniel [p. 2] Avery too, as per affidavit is fairly discharged. And what will your excellency direct as to the three Missourians named in Mr Averys affidavit who kidnaped him from Illinois?

Your Excellencys opinion that the Nauvoo Legion are <part of the> Militia of the State of Illinois, seems so consistent with the spirit and genius of the charter and the common law of the land, as well as the intention of our constitutions, that the Attorneys Generals opinions, to the contrary notwithstanding, are some what like an eclipse on the opposite side of the earth, "to us in visible!"

With a devout calculation to magnify the law and safely confide in it, and the integrity of its executors, I, as well as the Latter day Saints generally, will be sure that the Missourians, and disaffected Illinoisans, are law breakers, aggressors and made themselves guilty before we move with<out> counsel, and not then but for self defence. We [always] let our enemies violate law. With highest consideration &c.

Joseph Smith