Smith then proposed that the Council make some provision for putting down the Expositor, declaring its allegations to be "treasonable against all chartered rights and privileges." He read from the federal and state constitutions to define his idea of the rights of the press, and quoted Blackstone on private wrongs. Hyrum openly advocated smashing the press and pieing the type. One councillor alone raised his voice for moderation, proposing to give the offenders a few days' notice, and to assess a fine of $300 for every libel. W. W. Phelps (who was back in the fold again) held that the city charter gave them power to declare the newspaper a nuisance, and cited the spilling of the tea in Boston harbor as a precedent for an attack on the Expositor office. Finally, on June 10, this resolution was passed unanimously:-- "Resolved by the City Council of the City of Nauvoo that the printing office from whence issues the Nauvoo Expositor is a public nuisance, and also all of said Nauvoo Expositors which may be or exist in said establishment; and the mayor is instructed to cause said printing establishment and papers to be removed without delay, in such manner as he shall direct." Smith, of course, made very prompt use of this authority, issuing the following order to the city marshal:-- "You are hereby commanded to destroy the printing press from whence issues the Nauvoo Expositor, and pi the type of said printing establishment in the street, and burn all the Expositors and libellous hand bills found in said establishment; and if resistance be offered to the execution of this order, by the owners or others, destroy the house; and if any one threatens you or the Mayor or the officers of the city, arrest those who threaten you; and fail not to execute this order without delay, and make due return thereon. "JOSEPH SMITH, Mayor." To meet any armed opposition which might arise, the acting major general of the Legion was thus directed:-- "You are hereby commanded to hold the Nauvoo Legion in readiness forthwith to execute the city ordinances, and especially to remove the printing establishment of the Nauvoo Expositor; and this you are required to do at sight, under the penalty of the laws, provided the marshal shall require it and need your services." JOSEPH SMITH, "Lieutenant General Nauvoo Legion." The story of the compliance with the mayor's order is thus concisely told in the "marshal's return," "The within-named press and type is destroyed and pied according to order on this loth day of June, 1844, at about eight o'clock P.M." The work was accomplished without any serious opposition. The marshal appeared at the newspaper office, accompanied by an escort from the Legion, and forced his way into the building. The press and type were carried into the street, where the press was broken up with hammers, and all that was combustible was burned.