-- Jan 15, 1843
[Apostle Wilford Woodruff Journal] 15 Sunday I spent the time at home. (1)
-- January 15th 1843
[High Council Minutes]
Council met according to adjournment.
Present Williams Marks, President.
(1) S. Bent (2) J. Allred (3) Reuben Hadlock pro tem. (4) A. Cutler (5) D. Fulmer (6) G.W. Harris (7) T. Grover (8) A. Johnson (9) N. Knight (10) W. Huntington (11) L. [torn, probably L.D. Wilson] (12) Elias Higbee pro tem.
Prayer by Prest W. Marks
Charge.
Benjamin Kempton against Jacob Gates.
Apealed from the Bishop's court of the ninth ward, as follows:
Appealed by Jacob Gates.
Appeal.
"To the Bishop and Council of the ninth Ward.
I hereby prefer a charge against Jacob Gates, for taking an unchristianlike way in wronging or trying to wrong me out of about $5 which is my just due.
Benjamin Kempton (2)
-- 1843 January 16
Monday, January 16th [entry left blank]
Tuesday, Janu[ua]ry 17th At home. Fast day. Meeting in the Court Room /with 6 others/. Reference on Dr. Foster's Land case. [rest of page blank] *
-- Jan 16, 1843
[Apostle Wilford Woodruff Journal] 16, 17 & 18 Was spent in the printing office. (1)
Sidney Rigdon forwards Bennett's letter to Orson Pratt. Orson Pratt brings the letter to Joseph Smith. Joseph Smith accuses Sidney Rigdon of plotting with John C. Bennett and Governor Carlin to have him arrested [per Joseph Smith]. (3)
-- 17Jan43
[Joseph Smith Sermon] The Kingdom of God is Present Whenever a Legal Administrator Exists (4)
-- Jan 17, 1843
[Apostle Wilford Woodruff Journal] 17th This was an interesting day. A day that was appointed by general procklamation for humiliation fasting & Prayer & thanksgiving for the release & delivery we had received. Meetings were appointed in each ward throughout the city.
I met at President Joseph Smith's & we had an interesting time. Br Joseph spoke to some length on the kingdom of God & the Baptism of John. He said the kingdom of God was set upon the earth in all ages from the days of Adam to the presant time whenever there was a man on earth who had authority to Administer the ordinances of the gospel or a priest of God & unto such a man God did reveal his will concerning the Baptism of John. It was the Baptism of repentance unto the remission of sins for the receiving of the Holy Ghost & it was the gospel Baptism. These were questions which had been in debate for many years & in some degree among the Saints.
He also spoke upon the subject of honor & dishonor &c. Many prayers & exhertations were made. I spoke twice & felt much of the spirit of the Lord & had an interesting time. (1)
As proclaimed by the Quorum of the Twelve a week earlier this day is observed "as a day of humiliation, fasting, prayer and thanksgiving for the great blessings which our heavenly Father has conferred on us in the deliverance of our beloved President, Joseph Smith, who has been honorably discharged from his arrest under the Missouri writ by the U. S. District Court of Illinois; Judge Pope presiding." (5)
Nauvoo, Illinois. At an overflowing public meeting at his home, Joseph Smith spoke at length on the kingdom of God and the manner of baptism performed by John the Baptist. (6)
-- Jan 18, 1843
[Apostle Wilford Woodruff Journal] Jan 18th Joseph Smith the Prophet & his Lady made a fiest for his friends as a time of rejoiceing with them in consequence of his deliverence from oppression. We had an interesting day about 20 of those who went with him to Springfield & also the Twelve & many others numbering in all about 75 persons. Gen Law & Miss Eliza Snow had composed each of them a song which was printed in a hand Bill & sung as it was vary appropriate to the occasion.
After having our feast over & spending the day in social conversation we returned to our homes rejoiceing that [we] could again have the privilige of enjoying the society of our prophet & seer.
/Orson Pratt Resteration/ (1)
[Emma Smith] Grand celebration at Joseph and Emma-s home for their sixteenth wedding anniversary and his acquittal. (7)
Joseph Smith throws a feast for his friends "as a memento of his release from the Missouri writ by the U. S. District Court of Illinois." That night Joseph dreams "a sheriff came after me. A man put a musket in my hand and told me to keep him. I took the musket and walked around him. When he went to go away, I would push him back . . . " (5)
[Lucy Mack Smith] Joseph and Emma celebrate sixteenth wedding anniversary with guests. (8)
[Polygamy] Willard Richards polygamous marriage to Sarah Longstroth (9)
-- 1843 January 18
January 18th 1843 Party /began to/ assembleet at the time appointed and before 12 o'clock the Jubilee songs—by Gen[eral] Law and Miss [Eliza R.] Snow were distributed by the governor of the feast to fifty individuals—the party invited except Mr. Moffat who were seated in the Court Room, who sung the same. Elder Taylor then read a vision from a New Orleans paper. Broilher] and Sister Marks came in.
Gen[era]l S[mith]: "I will call your attention to one of the most enticing cases you ever saw." He then arose and read a letter from John C. Bennet[t] to [Elders Orson] Pratt and [Sidney] Rigdon dated Springfield, January 10th 1843, Stating that [Jacob B.] Backenstows was soon going to have Joseph arrested on the old score from M[iss]o[uri] and for Murder &c. Mr. Pratt shewed Joseph the Letter. Mr. Rigdon did not want to have it known that he had any hand in showing the letter. Joseph said he had sent word to Gov[ernor] Ford by Backensto[s] that before he would be troubled any more by M[iss]o[uri] he would fight first.
Dreamed that a sheriff came after me [Joseph]. A man put a musket in my hand and told me to keep him [the sheriff]. I took the musket and walked around him. When he went to go away, I would push him back and if others came to trouble him I would keep them off.
Conversation continued fre[e]ly until 2 o'clock when 21 sat down to dinner. The Governor and Governess in waiting—while thus serving the table—Joseph stated that this was not only a Jubilee but commemoration of his marriage to Emma. Just 15 [16] years this day.
20 [people] sat at the 2d table, 18 at the 3d table including Joseph and Emma—with many jokes. /15 at the 4th table including children
/H[enry] G. Sherwood preached a Methodist Sermon and received a vote of thanks from the company and he continued to tell story. /Elder Hyde told the Eddy Story/ [rest of page blank] *
-- 1843 January 19
Thursday, January 19th At home through the day except out in the city a little while in the fore noon. [rest of page blank] *
-- Jan 19, 1843
[Apostle Wilford Woodruff Journal] 19th This was also an interesting day in consequence of the return of Orson Pratt to the quorum of the Twelve. He had returned & repented in dust &
ashes, as it were for opposing Joseph & the Twelve &c. We met at Brigham Youngs the first Presidency & the Twelve & conversed over the subject & Orson Pratt desired much to return to the quorum of the Twelve. We had an interesting time together.
We then assembled at the river & Joseph the Seer went into the river from the Ice & Baptized Orson Pratt & his wife & widow Granger. Joseph confirmed them & ordaind Orson Pratt to the Apostle-ship & his former standing which caused Joy to our hearts.
Elder Amasa Lyman who had been appointed in his stead as a member of the quorum of the Twelve was taken in to the first Presidency which left the place again vacant for Orson Pratt. (1)
Footnotes:
1 - Wilford Woodruff's Journal: 1833-1898 Typescript, Volumes 1-9, Edited by Scott G. Kenney, Signature Books 1993
2 - Minutes of the High Council of the Church of Jesus Christ of Nauvoo Illinois: Nauvoo Hancock County Illinois
3 - Tidd, N. R., "Mormon Chronology"
4 - The Parallel Joseph, http://www.boap.org/LDS/Parallel/
5 - This Day in Mormon History, http://www.advent-adam.com/jakestand.html
6 - BYU Studies Journal, volume 46, no. 4: A Chronology of the Life of Joseph Smith
7 - Emma Smith, Woman of Faith, http://emmasmithmormon.com
8 - Proctor, Scott and Maurine Jensen, editors, History of Joseph Smith by His Mother: Revised and Enhanced
9 - Smith, George D (Spring 1994), "Nauvoo Roots of Mormon Polygamy, 1841-46: A Preliminary Demographic Report", Dialogue: A Journal of Mormon Thought 27
* Faulring, Scott (ed.), An American Prophet's Record: The Diaries and Journals of Joseph Smith: Joseph Smith Diary, 1842-43
LDS History Timeline
About this site: http://bit.ly/mohist
Mormon History, Jan 3, 1843
-- Jan 3, 1843
[Wilford Woodruff Journal] 3, 4, 5, 6, 7, & 8 My time was spent in the Printing office. (1)
-- Jan 4, 1843
Springfield, Illinois. Joseph Smith repaired to the courtroom for trial and afterward had a dinner and visit with U.S. Marshall William Prentice before retiring to Judge James Adams's. (2)
-- 1843 January 4
January 4th The court Room was crowded the whole of the Trial and the utmost decorum and good feeling prevailed. Much prejudice was allayed. Esqu[ire] Butterfield managed the case very learned and Judiciously. [He was] prece[e]ded by Esqu[i]r[e] Edwards who made some very pathetic allusions to our sufferings in Missouri. Esqu[i]r[e] Lamborn was not severe, apparently saying little more than the nature of his situation required, and no more than would be usefull in satisfying the public mind, that there had been a fair investigation of the whole matter. *
-- 1843 January 4
January 4th, Wednesday 9 A.M. Repaired to court room in Butterfield's office a few moments [before] court opened. While docket was reading the Ladies come in and took their seats by the side of the Judge, 6 Ladies.
By court: "Gentlemen of the Bar any motions this morning?"
Sworn [were] Wilson Law, H[enry] G. Sherwood, Theodore Turl[e]y, Shadrach Roundy, William Clayton, John Taylor, William Marks, Lorin Walker, [and] Willard Richards.
Matter of Joseph Smith. Mr. Butterfield [present.] (2 Ladies come in) [Enters Josiah Lamborn,] Att[or]ny Gen[eral of Illinois] motion to [dismiss the proceedings by] J[osiah] Lamborn [because court has] no jurisdiction.
(Motion of Mr. Lamborn) No Jurisdiction to enquire into any facts behind the writ by the court. Court will [otherwise] take up the case entire [which would be improper].
Butterfield: Joseph Smith is in custody under order of authority of the United States [charged with being an] accesory to the Shooting of Gov[ernor] Boggs on the 6th of May. Read the affidavit of 10 witnesses. /Stephen A./ Douglas and/ J[acob] B./ Backenstos sworn to affidavit. Affidavit read.
Esqu[i]r[e] Lamborn: I am much at a loss how I got into this case as prosecuting attorney. I don't know /why the/ district attorney /should bring this case in this court which I contend/ admitted has no Jurisdiction /except of common Law/.
[Butterfield: It is] Of common Law Jurisdiction. [Lamborn cited] 2d condensed report 37 page Ballman vs Courts of U[nited] States [to show that courts] have no authority where there is no law evident on the face of the papers that he [Joseph] is not arrested under of the authority of the /United/State[s] but of our state. Statute of our own state /has Jurisdiction/ not contradictory to United States Powers. /Read/ Gales Statute 315 page [on] fugitives from Justice. [If a fugitive is arrested upon request of the governor of another state, neither state nor federal court may question the merits of extradition.]
[Lamborn:] Whole proceedings illegal untill they can show that this law is unconstitutional, [and that] compliance on the part of the Gov[ernor] with State Law [was not required]. /Read/ Conklin's Treaties 51 page. There is no general jurisdiction in this case. The only authority of this court [is] in the Digest read Conklins Treaties 85. If Sheriff refuses to give up a prisoner he has all the power /of the State/ to back him. /Read/ 2d condensed 55 Washington reports &c.
The party [has] attempt[ed] to prove an allibi. Can such a defence be made here? Can the court try this part of the case that Smith was in this State? No court is competent to try the case. If we go behind the papers then we can try the whole case, we are trying the guilt or innocence. Court /said the/ question is not the guilt or innocence, but is he a fugitive? /Lamborn said/ if the court could understand me.
/Court/: The court does understand you perfectly.
L/amborn/: If the papers are sufficient you abandon the papers and go into the case. The whole case, guilt or innocence. Did he flee from M[issouri]? Is he a fugitive from justice? [If so, then the] Gov[enor] is bound to surrender him as a fugitive. [Butterfield:] Gov[ernor] has complied with the statutes by the court /so you say the/ Judge of the S[upreme] C[ourt] of Ill[inois] could not issue a Habeus corpus?
L/amborn/: [I] Don't deny H/abeus/ Corpus. [But the] Party brought up has no right to go into trial on any of the facts behind Record. /Read/ Gordon Digest, Charles 2d Grant Habeus Corpus /Act/. Large Majority of English Judges submitted to the 12 by Parliament. 9th Wendell 212 page if he prophesied that Boggs should be shot, where should he be tried? In M[issouri]. [As in] Some instances in N[ew] York &c. and Maine &c. on account of Slaves &c. One independant state equals another independent state. Decision made for political effect in those cases. Positively I take it this court has no Jurisdiction, no disrespect to court. Party not held by United States Laws, but of Illinois subject /to the jurisdiction of/ our own Government if they had a right. It would be only to try the papers. Our own statutes cover the ground and no other courts have authority. The lawyers agree with me with few Exceptions, No jurisdiction. No court has power to try the papers.
/Esqu[i]r[e] Lamborn is/ in the dark. [said] Esqu[i]r[e] Edward /[who] does not know/ why /he [Lamborn] is made the/ prosecutor. He /is/ not a prosecutor, but /is permitted to come in here/ [as] a matter of courtesy. Fugitives /must be taken by/ virtue of the Constitution of the United /States/. Kent's Commentaries 2d vol[ume] 32 in the notes. Judicial powers extends in all cases where the action arises under U[nited] S[tates] Laws. Tremendous power of the executive to deliver up an affidavit [is granted] to enquire into the fact. Greater than any Emperor ever used [for the extradition of a suspect] to be transplanted from his home. Transplanting of Individuals from the colonies to Great Britain. Seven years was [framers?] of Constitution [debating whether they] would vest the Governors of the States with the same powers of oppression. /Suppose he is guilty in view of the retributive justice due on the murders/ [according to the] Boggs affidavit. That Joe Smith has been accessory /to the shooting of [Boggs] himself/. This people whom he has compelled to flee from Missouri. /Which does the fleeing refer to?/ From the shooting of Boggs or the fleeing of the people from the M[iss]o[uri] mob.
Mr. Butterfield asked question by Att[orne]y Gen[eral if Butterfield does not concur]/that this court has/no jurisdiction to relieve and says that this is [also] the opinion of the bar. [Butterfield:] /I have a/ great respect for the bar /but a/ contempt for out door /and bar room [justice] without thought [of the Constitution] according [to previous]/ opinion; this court has exclusive jurisdiction. Prisoner is arrested under Con[stitution] of U[nited] S[tates] and Law arising under the Constitution['s] Power. 2nd section 4th Art[icle] Constitution delivered up on demand made by demand made under color of U[nited] S[tates] Law. Any executive of the Union shall demand, and produce copy [of] indictment or affidavit, [and] /the fugitive shall be/ arrested and secured.
Was Jose[ph] Smith arrested by law of this state. No /most/ untruly has it been stated here. Does Gov[ernor] Reynolds call /for him/ by authority of the Laws of M[iss]o[uri] or Ill[inois]? No! By Constitution and laws of the United States, /Governor Carlin/ being a good Gov[ernor] and good Lawyer and says [upon], Requisition from Gov[ernor] Reynolds, Gov[ernor] General [of Illinois] was [then] requested [and was happy] to issue this copy /because the original writ was out of our reach. Constitution and Laws of/ United States and of this state. Law of this state is a furtherance if the United States is null and void.
/The Prisoner looks to/ this C[ourt] for redress. /He is/ a prisoner of U[nited] S[tates]/and the/ Gov[ernmen]t one in issuing [the] Requisition [and in] the other in [issuing a] Warrant. [Officials] Acted as appointees of the U[nited] States, bound by oath to Support the constitution of U[nited] States. Have done so, Gov[ernor] in issuing the warrant acts as agent in carrying into effect the laws of the U[nited] S[tates], [Joseph is] in Custody under U[nited] States. Can he apply to state's courts? Would not conflicts ensue which have been anticipated by opposite Council. 12th Wendall 311. A fugitive slave /in/ New York, Jack [a] negro man vs. Mary Martin, fled from Lou[i]s[i]ana to N[ew] York. [He was] pursued, /arrested, and taken on/ writ of H[abeus] Corpus.
Action of Congress is exclusive on actions. Being under law of Congress. Decision of the court was they /(State)/ had no jurisdiction. He's not my client. [Does] Joseph Smith [have] the Rights of a negro? He has been arrested under a Law of Congress and must seek redress before the federal court. A war /between the slave/ and non-slave holding states /and the non-slave holding states/ [has been avoided even though the states] have passed laws, and juries have had [their say]. Virginia passed laws to require bon[d]s of masters of vessels by retaliation.
Priggs [vs.] Com[mon]wealth of P[ennsylvani]a fugitives from justice and [from] slavery are the same [facting?]. Congress having passed laws, the state laws are void. 5 Wheeten where Congress has legislated it is not competent for States to legislate. All power /is/ in Congress in relation to fugitive Slaves
(Story) [During] last January['s] terms S[upreme] C[ourt] of U[nited] States [ruled that the] aid of States is not wanted. They cannot intrude themselves. Federal Government is competent.
The court has not only jurisdiction but it is the only court [where] I [Butterfield] could bring this case. Judicial power shall extend to all cases arising [from] or [based] on the Constitution /and laws/ of the U[nited] States. I hope the Gentilemen] of the bar will not give their opinion without reading the books. There [Their] out door opinions /are a disgrace to the profession/.
Has this court power to issue Habeus Corpus? It has! Is the return sufficient to hold the prisoner in custody without further testimony? Unless it appears on the testimony that he is a fugitive, it is not sufficient.
Affidavit read. It does not state he ever was in M[iss]o[uri] that he ever was in the state of /M[iss]o[uri]. It/ states nothing that would bring him within the Law of the United S[tates]. He must have fled. Shall Flee. Boggs knew what he was about. He knew that Joe Smith had not been in M[iss]o[uri] since the Mormons were murdered. He dare not purjur[e] himself. He thought his Gov[ernor] would certify to a lie and save him from perjury.
[Was it] Represented /to him [Reynolds]/ who made the false and foul statement that Jo[seph] Smith had fled? No body would swear to it! But the citizens of Illinois are not to be {page 64) imprisoned on representation to Gov[ernor] Reynolds, sent over the great father of waters to Gov[ernor] Carlin by some necromancy of /a jurisdiction/ beyond our control. /Boggs affidavit says he [Joseph] was in Ill[inois]. Reynolds [says] that it was [reported?] to him who reported it.
/Copy the progress of Error. Little beyond Requisition. Carlin [prepares] a writ [which] appears [necessary] from [the] affidavit, spread before Carlin, while writing. No man ought to flee from the justice of M[iss]o[uri].
1st position /is for/ the court /to/ examine all the papers /there is not/ a particle of testimony that Joseph has fled from M[iss]o[uri]. Gov[ernor] Carlin would not have given up his dog on such a requisition. /The/ Gov[ernmen]t says /it is/ not necessary it should appear /that he had fled/. The Gov[ernor] thought it necessary or why insert the falsehood? He is not subject to be transported till /it is proved that he is a fugitive/. They must prove he has fled. If he is guilty can this court deliver him up? No! He must have fled.
The question is whether he will be transported to another state or tried on his own soil? Transported to Botany Bay of Missouri and very indifferent which [people should try him].
We have shown we were not in M[iss]o[uri]. /He is/ not a fugitive from Justice. He was at officers' drill on 6 [May 1842] and /in the/ Lodge /from/ 6 to 9 /o'clock/ 7th day 300 miles off /in uniform/ reviewing the Nauvoo /Legion/. Instead of running away from Boggs [he dressed] in uniform [and] Judge Douglass partook of the hospitality of Gen[eral] Smith. /Instead of/ fleeing from Justice /he/ [was] dining on [the attention of] courts, the highest courts in our land.
Have I a right to try him. Power of Habeus Corpus is pretty well settled. /There is/ no proof in /the/ writ that he is a fugitive from justice.
3rd Peters 193 Tobias Watkins, convicted of embezzling money. Cannot go behind the Judgement where Judgement is not issued. Can go behind the writ. /Some/ notice of writ of Error body of Prisoner and cause of commitment, 3[rd] Crenshaw 447.
3d Bacon's abridgment to question [as] proposed to 12 Judges. Since a person is so informed that the court cannot discharge yet unjustly, manifestly to unwarrantable means, clear on Habeus Corpus, [the] most clear and undoubted testimony [regarding] this man are not manifestly against law and Justice. /Is the/ Habeus Corpus a civil or criminal [matter]? [If] Not criminal, [then a] civil proceding[, and] whether the law of this state on Habeus Corpus [or another] Statute of this /state/ [, it is clear] that [even if this is a state issue, a] prisoner may make allegations and court shall hear. In H[abeus] Corpus the Laws of the State shall be regarded by the courts where they are held. Statute of this state, prisoner shall be allowed to controvert on trial [of] this as well as [post a] promissory note. Not only [to] contravene the return but [to establish] that he is not to be surrendered or discharged.
/Gent[leman Lamborn] read/ 9th Wendell 212. When a person is brought on Habeus C[orpus] court is not to enquire into the /guilt or innocence/. Authority is against it, 9[th] Wendell previous to 12[th] Wendell and /is/ all set aside. Has he fled? and not is he guilty? If Smith was in this state, says Attorney General, constructing [a crime] in that state [then he has fled]. [Butterfield:] /I/ don't wish to go into a spiritual disquisition. /The words/ "shall flee" occurs 3 times /in the Constitution/. The removal is not spiritually, but bodily, look at it. States have passed laws to take effect out of the state where /they were passed/ but they were void. Suppose Ill[inois] passed a law to prevent any person from speaking disrespectfully of his inability to pay his debts. We might have 1/2 the city of N[ew] York /before our courts/ for saying we could not pay our debts. [Lamborn:] Alabama ag[ain]st N[ew] York in case of Williams. W[illia]ms had been Spiritually there [and] had not fled from the Justice of that state. The Right to demand and power to give up co-extensive. [2/3?] Gov[ernor] Marcy's Message to above abolitionist./ [Butterfield:] Gov[ernor] Marcy was not an abolitionist as the court would intimate.
/That an attempt should be made to deliver up a man who has never been out of the State strikes at all the liberty /of our institutions/. His fate to day may be yours tomorrow. I do not think the defendant /ought/ under any circumstances to be delivered up to M[iss]o[uri].
It is a matter of history that he and his poeple have been /murdered and driven from the state/. He had better been sent to the gallows. He is an innocent and unoffending man. The difference is this people believe in prophecy and others do not. Old prophets prophecied in poetry and the modern in Prose.
/Went into the Judge's room. Introduced to one senator and some Ladies, Mrs. Ford./ 1/2 Ladies retired.
Lamborn read from 12th Wendell case of Williams on the part of the Gov[ernor] to act. [Butterfield:] No court could compel him to act. Difference of oppinion of the North and South.
Court adjourned till 9 [o'clock] tomorrow Morning for making up opinion. Retired to Judge Adams. After Dinner Joseph was with Hiram and Orson in the chamber and Bro[ther] T[heodore] Turl[e]y and mended the bellows and dug some horse raddish with Lorin.
5th h[our] evening Joseph, Gen[eral] Law, and Bro[ther] Hyde took their departure in Mr. Prentice's carriage to visit his house, and returned about 11 o'clock, giving a very interesting account of their visit with Mr. Prentice and family. Judge Douglass, /Esqu[i]r[e] Butterfield, and Edward,/ Judge Pope's Son, Esqu[i]r[e] Lamborn and many others. See page 76
[Material from page 76 is included here and follows:] Had a Most splendid Supper with many outstanding anedotes and every thing to render the visit agreeable. [End of material added from page 76.] *
-- 1843 January 5
January 5th 1843 8 1/2 [A.M.] repaired to Mr. Butterfield's room. 9 [A.M.] entered Co[u]rt Room, the room was crowded before He entered with spectators. Mostly of a very respectable class in Society anxious to hear the decision although the public expression was decidedly in favor of an acquittal.
9 and 10 minut[e]s [after] the [hour] Judge Pope entered prece[e]ded by 2 ladies, court opened, Docket called. 4 more Ladies entered and took seat[s] beside the Judge while the docket was reading (four councillors sworn &c.) in matter of J[oseph] Smith /the court/ has taken occasion to examine.
Thanks to gentlemen of the bar. More [thanks because] it is [perhaps] more [blank [important than]]3 any other case [blank [affecting the lives and liberties of our citizens, in that]] the found[ers] of the Constitution of the [blank [United States were also in anxious deliberation to see union among the]] states of this [blank [confederacy in preventing]] bloodshed caused by [border] collision. [blank [Wisely did the founders of the Constitution see that the]] national and political Government takes charge [blank [in the regulation of these matters and granted]] Congress power to regulate [interstate] commerce and fugitive [blank [justice]]
[The] Quest[ion arising] from this provision of Constitution of the U[nited] S[tates] [blank [2nd Section, 4th Article, is whether a citizen of Illinois can be transported to Missouri for an alleged crime committed in Illinois. If the]] Crime was committed in M[iss]o[uri] if the P[risoner] had escaped from M[iss]o[uri] to Ill[inois] [blank [it would be the]] duty of [the state of Illinois to submit to] Congress [blank [and to]] Laws of its own creation [blank [and]] not partake of the Passions and [blank [rivalry over a]] power [that] should be [blank [mutually agreed to]]
J[oseph] S[mith] applied to the court [blank [for a writ of habeas corpus, directed to the sheriff of]] Sangamon Co[unty] [blank [to try the]] Requisition [blank [of the]] Gov[ernor of] Ill[inois which] professes to [blank [be pursuant to the]] Laws of the U[nited] S[tates] and Ill[inois.] [blank [The]] court deemed it Respectful that the Gov[ernor] be informed [blank [of the action upon the habeas corpus. According to the 12 February 1793 act of Congress, the]] Executive and Att[orne]y Gen[eral] were required [to give proof to support the charges underlying the writ of extradition.] Att[orne]y Gen[eral] appeared and objected [to jurisdiction] when the prisoner was under [warrant to] return [blank [to Missouri]] under authority of S[tate of] Ill[inois.] [blank [But the]] Congress of U[nited] S[tates conferred the authority on the state of Illinois and Illinois] had no power to confer the authority [or to countermand federal law either in Illinois or] in M[iss]o[uri.] [blank] 2d sec[tion] 4 Art[icle of U.S. Constitution] read [followed by a reading of Illinois law].
[It] Will be perceived this clause [in the Illinois statute does not and] cannot [confer any additional power upon the] execut[ive of the state than that conferred by federal law.] [blank [The governor's warrant]] itself [is otherwise] what testimony shall [blank [have supported its issuance, it containing more statements of fact than the affidavit accompanying the governor of Missouri's requisition.]]
The power of Congress [is] to pass [blank [laws prescribing the means of fulfilling constitutional provisions.]] shortly after [blank [the judicial act of 1789, regarding persons confined "under color of, or by the authority of the United States," the state]] executive [was required by an act of Congress] to [blank [determine the support for a writ of extradition by examining the] testimony [provided in the form of a] copy of [an] indictment or [an] affidavit. [blank [The]] Clause of [the relevant state statute does not purport to go beyond the federal law and therefore examination of the] affidavit [is required.] complain[ts] [blank [of the attorney general considered. The attorney general]] claimed [one may not inquire into the facts behind the writ. That if the writ is issued] by [the] executive of the state [then the content of the] Indictment or affi[davit] [blank [is irrelevant. But]] Where Congress has power to Legislate [blank [the governor must comply]] on [risk of] the peace of the state of Ill[inois.] [blank] in order to maintain the position of the Att[orne]y Gen[eral] that [this warrant was not issued under authority of] Congress of [blank [the United States, he would have to show that Congress did not confer this authority. But Congress did confer this authority.] the Law [of the state of Illinois never] had any effect [blank [but]] power only to carry into effect the Law [blank [of Congress. The state law had]] no power to carry the Constitution. [blank [It is the]] duty of the Governor to obey [blank] authority conferred by Con[gress] and laws of U[nited] S[tates].
Therefore this Court has Jurisdiction and power to issue Habeus Corpus. [blank [It has]] been contended by U[nited] S[tates] Att[orne]y Gen[eral that this court] has not [the] A[u]th[or]i[t]y, [that this] Court has no authority to try writs by Gov[ernor]. [blank [This is not true.]] Encroachment from the crowd. [blank]
It was not for petty crime but [for] those high offences [against the crown that Englishmen were once arbitrarily imprisoned, until granted the right of habeas corpus, which was hailed as] Chap[ter] 2d [of the] Magna Charta. [As] Powerful it [the Magna Carta] may be it[']s without [protection without] Habeus Corpus. [This] act offered means to any man of enjoying that liberty [offered the sovereign] no matter how [great or] mean the prisoner. [All doors fly open at its command, no matter] How high the keeper, from Garret to Dungeon. [It is the] duty of every court [to look] into [the] full [details of every matter brought before it. By so] doing it does not [intend] to [play a legal] game [but to guarantee a government of laws. To assert that the executive officer of any state is exempt from this scrutiny] is ridiculous. [It has] Be[e]n contended [that the] court cannot go behind the warrant [although it is] unnecessary to go behind into that point [in this case because of the deficiencies of the affidavit. But the issue is clear,] and if ever the importance of a scrutiny into the acts of the executive [blank [should be stressed, it is in the case of extradition of citizens to be tried by a foreign state. The] Constitution [provides that if one] flee [the suspect] may be [returned for trial] by Indictment or affidavit. [When] a crime [is committed] in the state of M[iss]o[uri a Missouri] court will [hear the case. The re]turn [of the suspect is based on the warrant, the indictment, the demand, and the affidavit.] [blank [Former governor]] Bogg[s] swears [blank [that]] on 6 May 1842 [blank [he]] was shot and his life was dispaired [blank [of for several days and that he has]] good reason to believe [blank [that Joseph Smith was an accessory before the fact. He]] does not say that he was a fugitive from justice, does not say who he was accessory to. [blank] this is [the only] evidence [blank [presented.]] what does the Gov[ernor of] M[iss]o[uri] say? [The] Gov[ernor of] M[iss]o[uri] knew [of] no [evidence to promote in convincing this court of the need for] arresting [the suspect. We are] without [the aid of an inquiry by a grand jury or otherwise. Joseph Smith is to be arrested on the] principle [blank [of suspicion. The governor of Illinois assumed the suspect was]] accused [of being an] accessory to Mr. [Orrin Porter] Rockwell [blank [and that the crime was committed in Missouri. There is]] not a word of his fleeing from [Missouri in the affidavit. The] Gov[ernor of] Ill[inois] acted on [an entirely incomplete] affidavit. [He assumed] Mr. Bogg[s] was shot by Mr. R[ockwell] [blank [and that Joseph]] Smith [was therefore an] accessory. [blank] How cautious Judges should be and how loosely Executive officers do act. [The court can alone regard the facts set forth in the affidavit and supported by oath as having any legal existence.] [blank [That]] Boggs was shot [we know. That Joseph] Smith [was an] accessory [is not a fact]. [We know he is a] Citizen of Illinois.
[The] Warrant issue[d] for Joseph S[mith] [blank [involves]] 2 parts Can a citizen of Ill[inois] be transported to M[iss]o[uri] to be tried for an offence committed [in Illinois, and can one be extradited on suspicion only? Regarding the first point, Joseph Smith] Cannot violate a law he has not promised to obey. [He is a citizen of Illinois, not of Missouri.]
Man naturally is a sovereign but when he enters into a state of society [and] upon principle of consent that society shall [guarantee his] protect[ion]. Has that society a right to give him up. By tribunals [to which] He has [sworn his obedience, to be tried by peers who have] seen events [blank [of alleged wrongs against society, he has a right to be tried. If that society]] pu[s]hes him before tribunals [of another community to hear testimony] from witnesses [blank [who are not his peers, this]] would violate every [social] contract. This is the principle. [There is] No man here but may he admitt [blank [it would be wrong to]] deliver up Jos[eph] Smith. Any individual [could otherwise be subjected to laws unknown to him, and punished by a foreign state to which he owes no allegiance]. [blank [It is]] True [that] every writer [on the laws of nations has maintained that]—every state should be [blank] responsible [to its neighbors for the conduct of its citizens and] shall [punish its citizens for violations of foreign laws on the principle of good neighborhood. Except for the consitutional provisions, Illinois and Missouri would stand in the same relation to each other as Spain and England.] no [citizen of Illinois could otherwise be tried in Missouri. Because of the Constitution] annyone [violating Missouri law in Missouri is tried in Missouri, although Missouri allows] for their neighbor Ill[inois] [blank [to protect its citizens against unreasonable charges originating in] M[iss]o[uri]. [blank]
[This is the] Right of territorial boundary. [blank [A man's]] Home [is] his castle. When departed from Far West, M[iss]o[uri,] many complain of Ill[inois harboring fugitives, but] if their [there is evidence there] has been aggression [by Mormons against Missourians there, the Mormons should be tried there].
[The] United States [is] bound to see that no annoyance is suffered by any state. [A] Military Expedition [by U.S. citizens] against [a neighboring state] may bring notions [that the offended state may have the right to prosecute, but the aggressors are still] amenable [to U.S. law only].
If J[oseph] Smith aided and abetted Rockwell [it] might [have been in Illinois. It would] be the duty [of the Illinois legislature] to provide for acts of the kind that M[iss]o[uri] has [passed so that] nothing [could be construed] to [blank [deter justice]]. J[oseph] S[mith] cannot be tried in M[iss]o[uri]. [blank [The]] Offence must be committed where? [In Missouri.] What would necessarily be the action [based on] Congress and Laws? The evidence should be so specific as to leave no doubt a crime was committed. Where the crime was committed—[and that the suspect fled] to [another state from] the state where the crime [blank [was committed]] The Gov[ernor] of the State where crime was committed[, the] Gov[ernor] M[iss]o[uri,] is the proper [blank [authority to request extradition.]]
If ever there was a case when the Judge ought to scrutinize this is the case. [blank [The officers of Missouri must bear the responsibility of examining the]] case to correct [any omissions or errors before requesting custody of the suspect] so [that we may know if there is] any authority why he should be [delivered besides the opinion of the former] Gov[ernor]. [blank [The]] Affidavit [by] definition [must tell why] J[oseph] S[mith] is accessory before the fact.
Who constituted [that] Bogg[s was] competent to advise this court. [As a] Question of Law—[the] facts [this] court has todo with must affirm [a] crime was committed. [Mr.Boggs says he] Believes and has good reason to believe [Joseph Smith was an accomplice, and that this evidence is] now in hispossession. [He should have incorporated this evidence into hisaffidavit to support his "belief."]
Who ever heard of a man[']s being arrested [on "belief"]? [The] Reasons may have been futile. [The] Court might not thinkthem very good.
Another [legal] Question read—familiar principles, [theSupreme Court's] own opinion [that when one is] charged withTreason, [or some other] felony [there must be evidence flor thecrime [or the suspect] shall [not] be delivered. [Mr. Boggs only]Suspects J[oseph] S[mith] as [an] accessory [or he would havestated the facts]. [One might think the] Court mustput a construction where there is fear of escape. Issue a warrantto detain for examination. [The Supreme] Court don't concur.
[One must] Proceed on more [than] suspician. [If the]Motive [of Mr. Boggs were] fear that he [Joseph Smith] will escape [it] is done away—parties have time to collect testimony[and] submit it to [a] Grand Jury. [One may] Impeach Congress[on suspicion]—[this is] only an impeachment. [The word] Chargedused in the Constitution [requires] positive [evidence] not suspicion. Bogg[s] says he was shot on 6 May—(Ladies [blank]) and his affidavit [was] made 20 July following—shall [he]not [be required to] find [evidence for an] indictment befor[e rendering] Judg[e]ment[? He] had time to bring a serving [before agrand jury] of the Citizens of those U[nited] States—should [Joseph Smith] be transported unless on positive charge, not on [mere] Suspicion. Mature reflection [reveals an] Affidavit so imperfect [as to be a collection of mis-recitals and overstatements].
J[oseph] Smith [should] be discharged and the entry bemade so that /he shall be [free from any attempt]/ to secure him. from any further arrests on this /[He shoud be trouble[d] no more on this matter in relation to the matter touching this/ prosecution. (Joseph arose and bowed to the court) Spectators retired and court adjourned to 10 o'clock tomorrow.
Joseph repaired to Judge Pope's room and spent 1 hour in conversation with his honor shewing that he did not profess to be a prophet [to aggrandize himself] then every man ought [to be a prophet] who professes to be a preacher of Righteousness. That the testimony of Jesus is the spirit of Prophecy and [he] preached to the Judge. Esqu[ire] Butterfield asked him to Prophecy how many inhabitants would come to Nauvoo.
Joseph replied, "I will not tell you how many inhabitants will come to Nauvoo but I will tell you what I saw when I came to Commerce. I told them I could build up a city and the old inhabitants said We'll be damned if you can, so I prophesied that I could build up a city. The inhabitants prophesied I could not. We have now about 12,000 inhabitants. I will prophecy we will build a great city, for we have the stakes, and we have only to fill up the instertices."
Joseph came in the Clerk's office after he left the Judge, who by the bye was very attentive and agreeable, and said to the clerks that he had been disaffected in one thing which appeared to allay their pleasure for the moment. But said he, "I have met with less prejudice and better and more noble and liberal feelings on the part of the people generally than I expected before I come which lightened my countenance with joy."
After mailing letters to Liverpool, Philadelphia, and St. Louis—retired to Gen[eral] Adams—when Secretary went to [inquire about] preparing the Judges Decision for the press on request of Judge Pope, per President Joseph.
Visited Mr. Butterfield with W[illia]m Clayton [and] had conversation concerning the abuse which had been received from M[iss]o[uri] and the officers. Joseph asked Butterfield if he or the assigned could sell the Lots on the Hotchkiss pu[r]chase in Nauvoo. Butterfield [said] neither can, see [since] all the assignee can sell is Joseph's Right. The conveyance has not been made by Hotchkiss, therefore it reverts back again to him. Joseph has nothing to do with paying the remainder which is due Hotchkiss in the event he is discharged on bankruptcy.
Visited at Mr. M. Graves in the evening. [We] had a very social visit and had a disquisition on phrenology. Slept in the Guest Chamber with Secretary [Richards]. *
-- 5Jan43
[Joseph Smith Sermon] Remarks in Judge Popes rooms at Springfield, Ill. on January 5,
Joseph repared to Judge Popes romm & spent 1 hour in conversation with his honor. showing that he did not profess to be a prophet then every man ought. who professes to be a preacher of Righteousness - that the testimony of Jesus is the spirit of Prophecy. & preached to the Judge - Esqr Butterfield asked him to Prophesy how many inhabitants would come to Nauvoo, Joseph replied I will not tell you how many inhabitants will come to Nauvoo but. I will tell you what I said when I came to Commerce, I told them I would build up a city - & the old inhabitants said- well be damned if you can so I prophesied that I could build up a city. & the inhabitants prophesied I could not. we have now about 12000 inhabitants. I will prophesy we will build a great city: for we have the stakes. & we have only to. fill up the intertisces. - (3)
-- Jan 5, 1843
Judge Nathaniel Pope rules that the extradition request from Missouri Governor Liburn Boggs to have Joseph Smith extradited to Missouri shall be quashed and that Smith "shall be free from any attempt to secure him. He should be troubled no more in relation to the matter touching this prosecution." Smith was charged with being an accessory to the attempted murder of Boggs. (4)
[Joseph Smith] Acquitted in Missouri extradition case. (5)
Springfield, Illinois. After Judge Nathaniel Pope discharged him from his arrest, Joseph Smith prophesied to him that Nauvoo, Illinois, would become a great city. (2)
[Joseph Smith] Writ of extradition ruled invalid by circuit court justice in Springfield, Illinois. Discharged from arrest. (6)
[Joseph Smith] Is released by a federal judge in Springfield on a ruling that he is protected from arrest because of his Illinois citizenship. (7)
Jr Smith, Joseph: Discharged from 1842 arrest 5 January 1843. (8)
[Lucy Mack Smith] Acquitted in Boggs case. (9)
-- Jan 6, 1843
Springfield, Illinois. Joseph Smith went to see Judge Nathaniel Pope in the morning and blessed his son. The judge wished him well and hoped he would no longer be persecuted. (2)
-- Jan 7, 1843
-- 1843 January 6
January 6th 1843 After finishing a copy of Judge Pope's decision, went with Joseph and presented the same to the Judge. We were in the court Room with Butterfield and the Clerk. Joseph gave Butterfield 2 notes of $230 each for his fees [and] bind [retainer] /note signed by Joseph Smith, Hyrum Smith, [Levi] Moffat [Moffit], and [Edward] Hunter/. [Including the] $40 he had received [it made] $500 in the whole.
Took certified copies of the Affidavit, of Boggs-Reynolds Requisition, Carlin's Writ as reissued by Ford, Joseph's Petition, Carlin's Proclamation, Habeus Corpus, order of Court, Joseph's affidavit, and affidavits of Eleven others, and all the doings of the court certified by the clerk and the order of the governor thereon showing that Joseph is discharged from all prosecution on the case of the arrest on Requisition from Missouri.
Joseph visited Judge Pope to request a copy of his decision for the Wasp [a Mormon newspaper] and not let Mr. [S.] Francis [editor of the Sangamo Journal] have the first chance. As he has published much against us and we have a little pride in being the first. Judge Pope said he could not well deny Mr. Francis but he would give Gen[eral James] Adams the first chance of copying the decision as soon as it should be written.
After the Governor had certified the decision of court and the papers, he offered a little advice to Joseph that he refrain from all political electioneering. Joseph shewed him that he always had acted on that principle and proved it by Gen[eral William] Law and Sec[retar]y quite to the satisfaction of the governor. As it [was] affirmed that the Mormons were driven to union in their election by persecution and not by the influence of Joseph. Thus the Mormons acted on the most perfect principles of Liberty in all their Movements.
In the court room Mr. Butterfield inquired the price of lots in Nauvoo. Said if he become a Mormon he should want to come to live with us. Had conversation on the subject of Religion. Judge Pope's son wished me well and hoped I should not be persecuted here any more. Jos[eph] blessed him. Conversed with Owens, [a] Catholic. When we retired the Lawyers were laughing at him saying that he would be a Mormon in 6 weeks if he would go to Nauvoo. Mr. Butterfield said Joseph must deposite his discharge and all the papers in the archives of the [Nauvoo] Temple, when it was completed.
3 1/2 P.M. Retired to Judge Adams. Evening, W[illia]m Smith called [and] said Cochron Representatives from Union had brought charges or insinu[a]tions against the Mormons saying certain things false in the Mormon Bible. The Man[a]ger of the Theatre sent a ticket for /Gen[eral]/ Joseph Smith to attend the theatre this eve[ning], but the action was dispensed with on account of the weather. *
-- 1843 January 7
January 7th, Saturday 8 1/2 [A.M.] Left Judge Adams on our way to Nauvoo and arrived at Mr. Dutches [at] 4 P.M. Travelling very bad much of the way. Snow fell the ev[en]ing previous on the road which had not frozen, though extremely cold, so as to turn the horses white with frost. While riding Gen[eral] Law sang the following hymn:
And are you sure the news is true?
And are you sure he's free?
Then let us join with one accord,
And have a Jubilee
Chorus
We'll have a Jubilee, My Friend
We'll have a Jubilee
With heart and voice we'll all rejoice
Because /In that/ our Prophet's free
2d
Success unto the Federal Court.
Judge Pope presiding there;
And also his associates too,
So lovely and so fair
3 Chorus
Also to our learned Councillors
We owe our gratitude
Because that they in freedom's cause
Like valiant men have stood
4 Chorus
In the defence of Innocence,
They made the truth to bear;
Reynolds and Carlin's baseness both
Did fearlessly declare
5 Chorus see [1]13, 114 page[s]
/Edwards and Butterfield and Pope
/The names of Pope and Butterfield
We'll mention with applause
Because that they like champions bold
Support the Federal Law
7 chorus
One word in praise of Thomas Ford
That Democrat so true;
He understands the people's rights
And will protect them too.
8 chorus
There is one more we wish enrol'd
Upon the Book of fame
That master spirit in all jokes
And Prentice but in name
8 chorus see P[age] 114
/12/ With warmest heart we bid good bye
to those we leave behind
The citizens of Springfield all
So courteous and so kind.
15 chorus
And now we're bound for home my friend
A bond of brothers true
To cheer the heart of those we love
In beautiful Nauvoo.
We'll have a Jubilee My friends
We'll have a Jubilee
With heart and voice we'll all rejoice
In that our Prophet's free
The Attorney General of the State
His duty nobly did
And ably brought those errors forth
from which we now are freed.
9 c. Chorus
The sucker State we'll praise in song
She's succour'd us in deed
And we will succour her again
In every time of need.
10 chorus
Our Charter'd rights she has Maintained
Through opposition great
Long may her charter champions live
Still to protect the State.
chorus {page 114:}
And Captain Dutch we cannot pass
Without a word of Praise
For he's the king of comic song
As well as comic ways
Chorus
And the fair Ladies of his house
/flowers of Morgan's plains
/to thank them we take pains
Who from the soft piano bring
Such soul enchanting strains
We'll have a Jubilee, My friends
We'll have a Jubilee
With heart and voice we'll all rejoice
In that our Prophet's free
11-We'll stand by her through sun and shade
Through calm and sunshine too
And when she need our Legion's aid
Tis ready at Nauvoo.
chorus
Which was written and sung repeatedly during the evening with many other songs and stories and the whole party were very cheerful and had a rich entertainment. We retired at a late hour and rose early. *
While riding from Springfield to Nauvoo after the end of Joseph Smith's extradition trial William Law sings a song he has written for the occasion: "And are you sure the news is true?/And are you sure he's free?/Then let us join with one accord,/And have a Jubilee/We'll have a Jubilee, My Friend/We'll have a Jubilee/With heart and voice we'll all rejoice/In that our Prophet's free." The song has 14 verses. (4)
-- Jan 8, 1843
[Wilford Woodruff Journal] Jan 8 Sunday I spent the time at hom. (1)
-- Jan 8th 1843
[High Council Minutes]
Council met according to adjournment and adjourned to the House of Councellor Aaron Johnson's.
Resolved that the Clerk write a piece be published in the "Times & Seasons["] stating that William & Alford Young has been restored to fellowship (they having been disfellowshiped by Joseph Smith upon the complaint of John D. Lee and others &c and that the Clerk shall prepare the piece and make report thereof at the next Council.
Resolved that the Council meet every Sabbath at Aaron Johnson's house at 2 o'clock P.M.
Adjourned accordingly
Hosea Stout Clerk (10)
-- Jan 9, 1843
[Wilford Woodruff Journal] 9, 10, 11, 12, 13, & 14 was spent in the Office. (1)
-- 1843 January 8
Sunday, January 8th 1842 8 o['cloc]k rode through Geneva past Beardstown, crossed the Illinois River on the ice and arrived at Rushville 4 P.M. Soon after a man, Mr. Royalty 6 1/2 feet high called to see us. After supper we repaired to Mr. [Uriah] Brown's and sung the Mormon Jubilee.
Mr. Brown repeated his incertion [assertion?] for national defence [but said there was] poor prospect of the nation adopting [blank [his invention. He elaborated on his]] vessel [and] investment. [blank [In his]] speech [be]fore [blank [he had showed the protection]] against the destruction instantly sealed [blank [in a rival design. He]] turned my attention to Land operation confection [liquid fire, invented] by him as steam engine [blank [to revolutionize war for the next]] 300 y[ea]rs. Some plans and diagrams [showed forces] behind movable batteries [with] cutters and on wheels [driven] by steam if level.
[The] Confidence of an individual at St. Louis [blank [was obtained, and he]] made a proposition for operation in the Southern [and] Northern Provinces of Mexico with a small force if it was not connected with the United States. Some other power will avail itself. Vessel contain[s] Machine ball [where one] cannot get at it. Cannon ball will destroy 300 ft by land [when protected] by breastworks. Account from Colt. N[ew] York proposed the same thing to Mr. Madison. Services of Rand. Expl[oded?] their Magazine by conduction.
To determine precisely Method of determining when the vessel comes over Magazine, [one can plan a] land explosion. Will not effect our shipping, but our enemy [cannot confront us on land]. Observation by telescope. Meet our army. Battery moved up touch off, approach our enemy under cover of sand bags. engine for beseiging city defended by india Rubber &c.
Joseph said he had thought that the Lord had designed the apparatus for some more magnificent purpose than for the defense of nations. [rest of page blank] *
-- 1843 January 9
Monday, January 9th Started 8 1/2 o'clock for Plymouth. Roads pretty good but smooth an[d] icy. When 2 miles beyond Brooklynn at 12 1/2 noon while Bro[ther] Richards and Lorin Walker was in the covered carriage and descending a steep hill the horses bolted. The carriage slipped and capsized and fell off the side of the bridge, 5 feet descent. Broke the carriage, some on the top and the fore axletree which we soon spliced and w[h]itt[l]ed and went on no one being injured which we considered a special interposition of Providence and agreed that Lilburn W. Boggs should pay the damage. [blank]
Arrived at Bro[ther Samuel] Smith's in Plymouth 4 P.M. After supper, Joseph went to see his sister Catharine Salisbury with Sister Durphy and Sec[retar]y [Richards]. The first time he had visited her in the state of Illinois.
While there Joseph spoke of his friends particularly his father's family in general and particularly of his brother Alvin, that he was a very handsome man. Surpassed by none but Adam and Seth and of great strength. While 2 Irishmen were fighting and one was about to gouge the others eyes, Alvin took him by his collar and breeches and threw him over the ring which had been formed to witness the fight.
While there my heart was pained to witness a lovely wife and sister of Joseph almost barefoot and four lovely children entirely so in the middle of winter. Ah! thought I, what has not Joseph and his father's family suffered to bring forth the work of the Lord? I [Willard Richards] sung the Mormon Jubilee to cheer our hearts and we returned to Bro[ther] Smith's Just before the close of the meeting in the school house where Bro[ther John] Taylor preached. Soon after as some had called to see the Prophet we all collected and sung the Jubilee and retired. *
-- Jan 10, 1843
John C. Bennett sent letter to Sidney Rigdon and Orson Pratt describing grand jury indictments against Joseph Smith, Hyrum Smith, Lyman Wight, and others. (11)
-- 1843 January 10
January 10th, Tuesday 8 1/2 [A.M.] Started for Nauvoo. Had a prosperous journey stopping only to water our horses at the public well in Garthage. Arrived at [home of] Gen[eral Joseph] Smith at 2 1/2 P.M. when his family and friends assembled together and sung the /Mormon/ Jubilee. Soon after, his mother came in and got hold of his arm before he saw her which produced a very agreeable surprise on his part and the olde Lady was overjoyed to behold her son free once more. *
-- 1843 January 11
January 11th, Wednesday Joseph rode out in his sleigh with his wife. Started to go to Bro[ther] Russel[l']s to apologize about the broken carriage. Broke sleigh shoe and returned. Visited by a co[mpany] of Ladies and Gentlemen from Farmington on the DesMoin River [who] left at 2 1/2 P.M.
Directed /written/ Invitations to be given to Wilson Law, W[illia]m Law, Hyrum Smith, Sam[ue]l Bennet[t], John Taylor, W[illia]m Marks, [Levi] Moffat, Peter Hawes, Orson Hyde, H[enry] G. Sherwood, W[illia]m Clayton, Jabez Durphy, H[arvey] Tale, Edward Hunter, Theodor[e] Turley, Shadrach Roundy, W[illard] Richards, Arthur Milikin with their Ladies, and Mrs. Lucy Smith to a dinner party on Wednesday next at 10 A.M.
Brigham Young, Wilford Woodruff, Geo[rge] A. Smith, Eliza Snow, Mr. [Carlos] Granger, Sisters Ells [and] Partridge, Alpheus Cutler, Reynolds Cahoon, [and] H[eber] C. Kimball were afterwards added. [rest of page blank] *
-- Jan 11, 1843
Celebration: Joseph Smith discharged from his arrest under the Missouri writ by Illinois District Court Judge Pope [per Brigham Young]. (11)
Nauvoo, Illinois. Joseph Smith had a mishap with his sleigh while on an outing with his wife, Emma Smith. (2)
-- 1843 January 12
Thursday, January 12th At home all day. [rest of page blank] *
-- 1843 January 13
January 13th, Friday At home till near sun set when Bro[ther] Russel[l] called to see if $20 had been received. Said he put it in his brother's bag where both their monies were deposited and his bro[ther] said if there was $20 due the Church he must make it good.
Then went to Bro[ther] W[illia]m Marks to see Sophia who was sick. Heard her relate the vision or dream of a visit from her two brothers who were dead—Touching the associations and relations of another world. *
-- 1843 January 14
January 14th, Saturday Rode out with Emma in the fore noon. Evening in special council in the chamber—to pray for Sophia Marks.
Sunday, Jan[uar]y 15th At home. [rest of page blank] *
Footnotes:
1 - Wilford Woodruff's Journal: 1833-1898 Typescript, Volumes 1-9, Edited by Scott G. Kenney, Signature Books 1993
2 - BYU Studies Journal, volume 46, no. 4: A Chronology of the Life of Joseph Smith
3 - The Parallel Joseph, http://www.boap.org/LDS/Parallel/
4 - This Day in Mormon History, http://www.advent-adam.com/jakestand.html
5 - Joseph Smith Papers, Timeline of Events, http://josephsmithpapers.org/TimelineOfEvents.htm
6 - Scott H. Faulring, An American Prophet's Record, 'A Joseph Smith Chronology'
7 - Highlights in the Prophet's Life, Ensign, June 1994
8 - Cook, Lyndon W., The Revelations of the Prophet Joseph Smith: A Historical and Biographical Commentary of the Doctrine and Covenants, Seventy's Mission Bookstore, Provo UT, 1985
9 - Proctor, Scott and Maurine Jensen, editors, History of Joseph Smith by His Mother: Revised and Enhanced
10 - Minutes of the High Council of the Church of Jesus Christ of Nauvoo Illinois: Nauvoo Hancock County Illinois
11 - Tidd, N. R., "Mormon Chronology"
* Faulring, Scott (ed.), An American Prophet's Record: The Diaries and Journals of Joseph Smith: Joseph Smith Diary, 1842-43
LDS History Timeline
About this site: http://bit.ly/mohist
[Wilford Woodruff Journal] 3, 4, 5, 6, 7, & 8 My time was spent in the Printing office. (1)
-- Jan 4, 1843
Springfield, Illinois. Joseph Smith repaired to the courtroom for trial and afterward had a dinner and visit with U.S. Marshall William Prentice before retiring to Judge James Adams's. (2)
-- 1843 January 4
January 4th The court Room was crowded the whole of the Trial and the utmost decorum and good feeling prevailed. Much prejudice was allayed. Esqu[ire] Butterfield managed the case very learned and Judiciously. [He was] prece[e]ded by Esqu[i]r[e] Edwards who made some very pathetic allusions to our sufferings in Missouri. Esqu[i]r[e] Lamborn was not severe, apparently saying little more than the nature of his situation required, and no more than would be usefull in satisfying the public mind, that there had been a fair investigation of the whole matter. *
-- 1843 January 4
January 4th, Wednesday 9 A.M. Repaired to court room in Butterfield's office a few moments [before] court opened. While docket was reading the Ladies come in and took their seats by the side of the Judge, 6 Ladies.
By court: "Gentlemen of the Bar any motions this morning?"
Sworn [were] Wilson Law, H[enry] G. Sherwood, Theodore Turl[e]y, Shadrach Roundy, William Clayton, John Taylor, William Marks, Lorin Walker, [and] Willard Richards.
Matter of Joseph Smith. Mr. Butterfield [present.] (2 Ladies come in) [Enters Josiah Lamborn,] Att[or]ny Gen[eral of Illinois] motion to [dismiss the proceedings by] J[osiah] Lamborn [because court has] no jurisdiction.
(Motion of Mr. Lamborn) No Jurisdiction to enquire into any facts behind the writ by the court. Court will [otherwise] take up the case entire [which would be improper].
Butterfield: Joseph Smith is in custody under order of authority of the United States [charged with being an] accesory to the Shooting of Gov[ernor] Boggs on the 6th of May. Read the affidavit of 10 witnesses. /Stephen A./ Douglas and/ J[acob] B./ Backenstos sworn to affidavit. Affidavit read.
Esqu[i]r[e] Lamborn: I am much at a loss how I got into this case as prosecuting attorney. I don't know /why the/ district attorney /should bring this case in this court which I contend/ admitted has no Jurisdiction /except of common Law/.
[Butterfield: It is] Of common Law Jurisdiction. [Lamborn cited] 2d condensed report 37 page Ballman vs Courts of U[nited] States [to show that courts] have no authority where there is no law evident on the face of the papers that he [Joseph] is not arrested under of the authority of the /United/State[s] but of our state. Statute of our own state /has Jurisdiction/ not contradictory to United States Powers. /Read/ Gales Statute 315 page [on] fugitives from Justice. [If a fugitive is arrested upon request of the governor of another state, neither state nor federal court may question the merits of extradition.]
[Lamborn:] Whole proceedings illegal untill they can show that this law is unconstitutional, [and that] compliance on the part of the Gov[ernor] with State Law [was not required]. /Read/ Conklin's Treaties 51 page. There is no general jurisdiction in this case. The only authority of this court [is] in the Digest read Conklins Treaties 85. If Sheriff refuses to give up a prisoner he has all the power /of the State/ to back him. /Read/ 2d condensed 55 Washington reports &c.
The party [has] attempt[ed] to prove an allibi. Can such a defence be made here? Can the court try this part of the case that Smith was in this State? No court is competent to try the case. If we go behind the papers then we can try the whole case, we are trying the guilt or innocence. Court /said the/ question is not the guilt or innocence, but is he a fugitive? /Lamborn said/ if the court could understand me.
/Court/: The court does understand you perfectly.
L/amborn/: If the papers are sufficient you abandon the papers and go into the case. The whole case, guilt or innocence. Did he flee from M[issouri]? Is he a fugitive from justice? [If so, then the] Gov[enor] is bound to surrender him as a fugitive. [Butterfield:] Gov[ernor] has complied with the statutes by the court /so you say the/ Judge of the S[upreme] C[ourt] of Ill[inois] could not issue a Habeus corpus?
L/amborn/: [I] Don't deny H/abeus/ Corpus. [But the] Party brought up has no right to go into trial on any of the facts behind Record. /Read/ Gordon Digest, Charles 2d Grant Habeus Corpus /Act/. Large Majority of English Judges submitted to the 12 by Parliament. 9th Wendell 212 page if he prophesied that Boggs should be shot, where should he be tried? In M[issouri]. [As in] Some instances in N[ew] York &c. and Maine &c. on account of Slaves &c. One independant state equals another independent state. Decision made for political effect in those cases. Positively I take it this court has no Jurisdiction, no disrespect to court. Party not held by United States Laws, but of Illinois subject /to the jurisdiction of/ our own Government if they had a right. It would be only to try the papers. Our own statutes cover the ground and no other courts have authority. The lawyers agree with me with few Exceptions, No jurisdiction. No court has power to try the papers.
/Esqu[i]r[e] Lamborn is/ in the dark. [said] Esqu[i]r[e] Edward /[who] does not know/ why /he [Lamborn] is made the/ prosecutor. He /is/ not a prosecutor, but /is permitted to come in here/ [as] a matter of courtesy. Fugitives /must be taken by/ virtue of the Constitution of the United /States/. Kent's Commentaries 2d vol[ume] 32 in the notes. Judicial powers extends in all cases where the action arises under U[nited] S[tates] Laws. Tremendous power of the executive to deliver up an affidavit [is granted] to enquire into the fact. Greater than any Emperor ever used [for the extradition of a suspect] to be transplanted from his home. Transplanting of Individuals from the colonies to Great Britain. Seven years was [framers?] of Constitution [debating whether they] would vest the Governors of the States with the same powers of oppression. /Suppose he is guilty in view of the retributive justice due on the murders/ [according to the] Boggs affidavit. That Joe Smith has been accessory /to the shooting of [Boggs] himself/. This people whom he has compelled to flee from Missouri. /Which does the fleeing refer to?/ From the shooting of Boggs or the fleeing of the people from the M[iss]o[uri] mob.
Mr. Butterfield asked question by Att[orne]y Gen[eral if Butterfield does not concur]/that this court has/no jurisdiction to relieve and says that this is [also] the opinion of the bar. [Butterfield:] /I have a/ great respect for the bar /but a/ contempt for out door /and bar room [justice] without thought [of the Constitution] according [to previous]/ opinion; this court has exclusive jurisdiction. Prisoner is arrested under Con[stitution] of U[nited] S[tates] and Law arising under the Constitution['s] Power. 2nd section 4th Art[icle] Constitution delivered up on demand made by demand made under color of U[nited] S[tates] Law. Any executive of the Union shall demand, and produce copy [of] indictment or affidavit, [and] /the fugitive shall be/ arrested and secured.
Was Jose[ph] Smith arrested by law of this state. No /most/ untruly has it been stated here. Does Gov[ernor] Reynolds call /for him/ by authority of the Laws of M[iss]o[uri] or Ill[inois]? No! By Constitution and laws of the United States, /Governor Carlin/ being a good Gov[ernor] and good Lawyer and says [upon], Requisition from Gov[ernor] Reynolds, Gov[ernor] General [of Illinois] was [then] requested [and was happy] to issue this copy /because the original writ was out of our reach. Constitution and Laws of/ United States and of this state. Law of this state is a furtherance if the United States is null and void.
/The Prisoner looks to/ this C[ourt] for redress. /He is/ a prisoner of U[nited] S[tates]/and the/ Gov[ernmen]t one in issuing [the] Requisition [and in] the other in [issuing a] Warrant. [Officials] Acted as appointees of the U[nited] States, bound by oath to Support the constitution of U[nited] States. Have done so, Gov[ernor] in issuing the warrant acts as agent in carrying into effect the laws of the U[nited] S[tates], [Joseph is] in Custody under U[nited] States. Can he apply to state's courts? Would not conflicts ensue which have been anticipated by opposite Council. 12th Wendall 311. A fugitive slave /in/ New York, Jack [a] negro man vs. Mary Martin, fled from Lou[i]s[i]ana to N[ew] York. [He was] pursued, /arrested, and taken on/ writ of H[abeus] Corpus.
Action of Congress is exclusive on actions. Being under law of Congress. Decision of the court was they /(State)/ had no jurisdiction. He's not my client. [Does] Joseph Smith [have] the Rights of a negro? He has been arrested under a Law of Congress and must seek redress before the federal court. A war /between the slave/ and non-slave holding states /and the non-slave holding states/ [has been avoided even though the states] have passed laws, and juries have had [their say]. Virginia passed laws to require bon[d]s of masters of vessels by retaliation.
Priggs [vs.] Com[mon]wealth of P[ennsylvani]a fugitives from justice and [from] slavery are the same [facting?]. Congress having passed laws, the state laws are void. 5 Wheeten where Congress has legislated it is not competent for States to legislate. All power /is/ in Congress in relation to fugitive Slaves
(Story) [During] last January['s] terms S[upreme] C[ourt] of U[nited] States [ruled that the] aid of States is not wanted. They cannot intrude themselves. Federal Government is competent.
The court has not only jurisdiction but it is the only court [where] I [Butterfield] could bring this case. Judicial power shall extend to all cases arising [from] or [based] on the Constitution /and laws/ of the U[nited] States. I hope the Gentilemen] of the bar will not give their opinion without reading the books. There [Their] out door opinions /are a disgrace to the profession/.
Has this court power to issue Habeus Corpus? It has! Is the return sufficient to hold the prisoner in custody without further testimony? Unless it appears on the testimony that he is a fugitive, it is not sufficient.
Affidavit read. It does not state he ever was in M[iss]o[uri] that he ever was in the state of /M[iss]o[uri]. It/ states nothing that would bring him within the Law of the United S[tates]. He must have fled. Shall Flee. Boggs knew what he was about. He knew that Joe Smith had not been in M[iss]o[uri] since the Mormons were murdered. He dare not purjur[e] himself. He thought his Gov[ernor] would certify to a lie and save him from perjury.
[Was it] Represented /to him [Reynolds]/ who made the false and foul statement that Jo[seph] Smith had fled? No body would swear to it! But the citizens of Illinois are not to be {page 64) imprisoned on representation to Gov[ernor] Reynolds, sent over the great father of waters to Gov[ernor] Carlin by some necromancy of /a jurisdiction/ beyond our control. /Boggs affidavit says he [Joseph] was in Ill[inois]. Reynolds [says] that it was [reported?] to him who reported it.
/Copy the progress of Error. Little beyond Requisition. Carlin [prepares] a writ [which] appears [necessary] from [the] affidavit, spread before Carlin, while writing. No man ought to flee from the justice of M[iss]o[uri].
1st position /is for/ the court /to/ examine all the papers /there is not/ a particle of testimony that Joseph has fled from M[iss]o[uri]. Gov[ernor] Carlin would not have given up his dog on such a requisition. /The/ Gov[ernmen]t says /it is/ not necessary it should appear /that he had fled/. The Gov[ernor] thought it necessary or why insert the falsehood? He is not subject to be transported till /it is proved that he is a fugitive/. They must prove he has fled. If he is guilty can this court deliver him up? No! He must have fled.
The question is whether he will be transported to another state or tried on his own soil? Transported to Botany Bay of Missouri and very indifferent which [people should try him].
We have shown we were not in M[iss]o[uri]. /He is/ not a fugitive from Justice. He was at officers' drill on 6 [May 1842] and /in the/ Lodge /from/ 6 to 9 /o'clock/ 7th day 300 miles off /in uniform/ reviewing the Nauvoo /Legion/. Instead of running away from Boggs [he dressed] in uniform [and] Judge Douglass partook of the hospitality of Gen[eral] Smith. /Instead of/ fleeing from Justice /he/ [was] dining on [the attention of] courts, the highest courts in our land.
Have I a right to try him. Power of Habeus Corpus is pretty well settled. /There is/ no proof in /the/ writ that he is a fugitive from justice.
3rd Peters 193 Tobias Watkins, convicted of embezzling money. Cannot go behind the Judgement where Judgement is not issued. Can go behind the writ. /Some/ notice of writ of Error body of Prisoner and cause of commitment, 3[rd] Crenshaw 447.
3d Bacon's abridgment to question [as] proposed to 12 Judges. Since a person is so informed that the court cannot discharge yet unjustly, manifestly to unwarrantable means, clear on Habeus Corpus, [the] most clear and undoubted testimony [regarding] this man are not manifestly against law and Justice. /Is the/ Habeus Corpus a civil or criminal [matter]? [If] Not criminal, [then a] civil proceding[, and] whether the law of this state on Habeus Corpus [or another] Statute of this /state/ [, it is clear] that [even if this is a state issue, a] prisoner may make allegations and court shall hear. In H[abeus] Corpus the Laws of the State shall be regarded by the courts where they are held. Statute of this state, prisoner shall be allowed to controvert on trial [of] this as well as [post a] promissory note. Not only [to] contravene the return but [to establish] that he is not to be surrendered or discharged.
/Gent[leman Lamborn] read/ 9th Wendell 212. When a person is brought on Habeus C[orpus] court is not to enquire into the /guilt or innocence/. Authority is against it, 9[th] Wendell previous to 12[th] Wendell and /is/ all set aside. Has he fled? and not is he guilty? If Smith was in this state, says Attorney General, constructing [a crime] in that state [then he has fled]. [Butterfield:] /I/ don't wish to go into a spiritual disquisition. /The words/ "shall flee" occurs 3 times /in the Constitution/. The removal is not spiritually, but bodily, look at it. States have passed laws to take effect out of the state where /they were passed/ but they were void. Suppose Ill[inois] passed a law to prevent any person from speaking disrespectfully of his inability to pay his debts. We might have 1/2 the city of N[ew] York /before our courts/ for saying we could not pay our debts. [Lamborn:] Alabama ag[ain]st N[ew] York in case of Williams. W[illia]ms had been Spiritually there [and] had not fled from the Justice of that state. The Right to demand and power to give up co-extensive. [2/3?] Gov[ernor] Marcy's Message to above abolitionist./ [Butterfield:] Gov[ernor] Marcy was not an abolitionist as the court would intimate.
/That an attempt should be made to deliver up a man who has never been out of the State strikes at all the liberty /of our institutions/. His fate to day may be yours tomorrow. I do not think the defendant /ought/ under any circumstances to be delivered up to M[iss]o[uri].
It is a matter of history that he and his poeple have been /murdered and driven from the state/. He had better been sent to the gallows. He is an innocent and unoffending man. The difference is this people believe in prophecy and others do not. Old prophets prophecied in poetry and the modern in Prose.
/Went into the Judge's room. Introduced to one senator and some Ladies, Mrs. Ford./ 1/2 Ladies retired.
Lamborn read from 12th Wendell case of Williams on the part of the Gov[ernor] to act. [Butterfield:] No court could compel him to act. Difference of oppinion of the North and South.
Court adjourned till 9 [o'clock] tomorrow Morning for making up opinion. Retired to Judge Adams. After Dinner Joseph was with Hiram and Orson in the chamber and Bro[ther] T[heodore] Turl[e]y and mended the bellows and dug some horse raddish with Lorin.
5th h[our] evening Joseph, Gen[eral] Law, and Bro[ther] Hyde took their departure in Mr. Prentice's carriage to visit his house, and returned about 11 o'clock, giving a very interesting account of their visit with Mr. Prentice and family. Judge Douglass, /Esqu[i]r[e] Butterfield, and Edward,/ Judge Pope's Son, Esqu[i]r[e] Lamborn and many others. See page 76
[Material from page 76 is included here and follows:] Had a Most splendid Supper with many outstanding anedotes and every thing to render the visit agreeable. [End of material added from page 76.] *
-- 1843 January 5
January 5th 1843 8 1/2 [A.M.] repaired to Mr. Butterfield's room. 9 [A.M.] entered Co[u]rt Room, the room was crowded before He entered with spectators. Mostly of a very respectable class in Society anxious to hear the decision although the public expression was decidedly in favor of an acquittal.
9 and 10 minut[e]s [after] the [hour] Judge Pope entered prece[e]ded by 2 ladies, court opened, Docket called. 4 more Ladies entered and took seat[s] beside the Judge while the docket was reading (four councillors sworn &c.) in matter of J[oseph] Smith /the court/ has taken occasion to examine.
Thanks to gentlemen of the bar. More [thanks because] it is [perhaps] more [blank [important than]]3 any other case [blank [affecting the lives and liberties of our citizens, in that]] the found[ers] of the Constitution of the [blank [United States were also in anxious deliberation to see union among the]] states of this [blank [confederacy in preventing]] bloodshed caused by [border] collision. [blank [Wisely did the founders of the Constitution see that the]] national and political Government takes charge [blank [in the regulation of these matters and granted]] Congress power to regulate [interstate] commerce and fugitive [blank [justice]]
[The] Quest[ion arising] from this provision of Constitution of the U[nited] S[tates] [blank [2nd Section, 4th Article, is whether a citizen of Illinois can be transported to Missouri for an alleged crime committed in Illinois. If the]] Crime was committed in M[iss]o[uri] if the P[risoner] had escaped from M[iss]o[uri] to Ill[inois] [blank [it would be the]] duty of [the state of Illinois to submit to] Congress [blank [and to]] Laws of its own creation [blank [and]] not partake of the Passions and [blank [rivalry over a]] power [that] should be [blank [mutually agreed to]]
J[oseph] S[mith] applied to the court [blank [for a writ of habeas corpus, directed to the sheriff of]] Sangamon Co[unty] [blank [to try the]] Requisition [blank [of the]] Gov[ernor of] Ill[inois which] professes to [blank [be pursuant to the]] Laws of the U[nited] S[tates] and Ill[inois.] [blank [The]] court deemed it Respectful that the Gov[ernor] be informed [blank [of the action upon the habeas corpus. According to the 12 February 1793 act of Congress, the]] Executive and Att[orne]y Gen[eral] were required [to give proof to support the charges underlying the writ of extradition.] Att[orne]y Gen[eral] appeared and objected [to jurisdiction] when the prisoner was under [warrant to] return [blank [to Missouri]] under authority of S[tate of] Ill[inois.] [blank [But the]] Congress of U[nited] S[tates conferred the authority on the state of Illinois and Illinois] had no power to confer the authority [or to countermand federal law either in Illinois or] in M[iss]o[uri.] [blank] 2d sec[tion] 4 Art[icle of U.S. Constitution] read [followed by a reading of Illinois law].
[It] Will be perceived this clause [in the Illinois statute does not and] cannot [confer any additional power upon the] execut[ive of the state than that conferred by federal law.] [blank [The governor's warrant]] itself [is otherwise] what testimony shall [blank [have supported its issuance, it containing more statements of fact than the affidavit accompanying the governor of Missouri's requisition.]]
The power of Congress [is] to pass [blank [laws prescribing the means of fulfilling constitutional provisions.]] shortly after [blank [the judicial act of 1789, regarding persons confined "under color of, or by the authority of the United States," the state]] executive [was required by an act of Congress] to [blank [determine the support for a writ of extradition by examining the] testimony [provided in the form of a] copy of [an] indictment or [an] affidavit. [blank [The]] Clause of [the relevant state statute does not purport to go beyond the federal law and therefore examination of the] affidavit [is required.] complain[ts] [blank [of the attorney general considered. The attorney general]] claimed [one may not inquire into the facts behind the writ. That if the writ is issued] by [the] executive of the state [then the content of the] Indictment or affi[davit] [blank [is irrelevant. But]] Where Congress has power to Legislate [blank [the governor must comply]] on [risk of] the peace of the state of Ill[inois.] [blank] in order to maintain the position of the Att[orne]y Gen[eral] that [this warrant was not issued under authority of] Congress of [blank [the United States, he would have to show that Congress did not confer this authority. But Congress did confer this authority.] the Law [of the state of Illinois never] had any effect [blank [but]] power only to carry into effect the Law [blank [of Congress. The state law had]] no power to carry the Constitution. [blank [It is the]] duty of the Governor to obey [blank] authority conferred by Con[gress] and laws of U[nited] S[tates].
Therefore this Court has Jurisdiction and power to issue Habeus Corpus. [blank [It has]] been contended by U[nited] S[tates] Att[orne]y Gen[eral that this court] has not [the] A[u]th[or]i[t]y, [that this] Court has no authority to try writs by Gov[ernor]. [blank [This is not true.]] Encroachment from the crowd. [blank]
It was not for petty crime but [for] those high offences [against the crown that Englishmen were once arbitrarily imprisoned, until granted the right of habeas corpus, which was hailed as] Chap[ter] 2d [of the] Magna Charta. [As] Powerful it [the Magna Carta] may be it[']s without [protection without] Habeus Corpus. [This] act offered means to any man of enjoying that liberty [offered the sovereign] no matter how [great or] mean the prisoner. [All doors fly open at its command, no matter] How high the keeper, from Garret to Dungeon. [It is the] duty of every court [to look] into [the] full [details of every matter brought before it. By so] doing it does not [intend] to [play a legal] game [but to guarantee a government of laws. To assert that the executive officer of any state is exempt from this scrutiny] is ridiculous. [It has] Be[e]n contended [that the] court cannot go behind the warrant [although it is] unnecessary to go behind into that point [in this case because of the deficiencies of the affidavit. But the issue is clear,] and if ever the importance of a scrutiny into the acts of the executive [blank [should be stressed, it is in the case of extradition of citizens to be tried by a foreign state. The] Constitution [provides that if one] flee [the suspect] may be [returned for trial] by Indictment or affidavit. [When] a crime [is committed] in the state of M[iss]o[uri a Missouri] court will [hear the case. The re]turn [of the suspect is based on the warrant, the indictment, the demand, and the affidavit.] [blank [Former governor]] Bogg[s] swears [blank [that]] on 6 May 1842 [blank [he]] was shot and his life was dispaired [blank [of for several days and that he has]] good reason to believe [blank [that Joseph Smith was an accessory before the fact. He]] does not say that he was a fugitive from justice, does not say who he was accessory to. [blank] this is [the only] evidence [blank [presented.]] what does the Gov[ernor of] M[iss]o[uri] say? [The] Gov[ernor of] M[iss]o[uri] knew [of] no [evidence to promote in convincing this court of the need for] arresting [the suspect. We are] without [the aid of an inquiry by a grand jury or otherwise. Joseph Smith is to be arrested on the] principle [blank [of suspicion. The governor of Illinois assumed the suspect was]] accused [of being an] accessory to Mr. [Orrin Porter] Rockwell [blank [and that the crime was committed in Missouri. There is]] not a word of his fleeing from [Missouri in the affidavit. The] Gov[ernor of] Ill[inois] acted on [an entirely incomplete] affidavit. [He assumed] Mr. Bogg[s] was shot by Mr. R[ockwell] [blank [and that Joseph]] Smith [was therefore an] accessory. [blank] How cautious Judges should be and how loosely Executive officers do act. [The court can alone regard the facts set forth in the affidavit and supported by oath as having any legal existence.] [blank [That]] Boggs was shot [we know. That Joseph] Smith [was an] accessory [is not a fact]. [We know he is a] Citizen of Illinois.
[The] Warrant issue[d] for Joseph S[mith] [blank [involves]] 2 parts Can a citizen of Ill[inois] be transported to M[iss]o[uri] to be tried for an offence committed [in Illinois, and can one be extradited on suspicion only? Regarding the first point, Joseph Smith] Cannot violate a law he has not promised to obey. [He is a citizen of Illinois, not of Missouri.]
Man naturally is a sovereign but when he enters into a state of society [and] upon principle of consent that society shall [guarantee his] protect[ion]. Has that society a right to give him up. By tribunals [to which] He has [sworn his obedience, to be tried by peers who have] seen events [blank [of alleged wrongs against society, he has a right to be tried. If that society]] pu[s]hes him before tribunals [of another community to hear testimony] from witnesses [blank [who are not his peers, this]] would violate every [social] contract. This is the principle. [There is] No man here but may he admitt [blank [it would be wrong to]] deliver up Jos[eph] Smith. Any individual [could otherwise be subjected to laws unknown to him, and punished by a foreign state to which he owes no allegiance]. [blank [It is]] True [that] every writer [on the laws of nations has maintained that]—every state should be [blank] responsible [to its neighbors for the conduct of its citizens and] shall [punish its citizens for violations of foreign laws on the principle of good neighborhood. Except for the consitutional provisions, Illinois and Missouri would stand in the same relation to each other as Spain and England.] no [citizen of Illinois could otherwise be tried in Missouri. Because of the Constitution] annyone [violating Missouri law in Missouri is tried in Missouri, although Missouri allows] for their neighbor Ill[inois] [blank [to protect its citizens against unreasonable charges originating in] M[iss]o[uri]. [blank]
[This is the] Right of territorial boundary. [blank [A man's]] Home [is] his castle. When departed from Far West, M[iss]o[uri,] many complain of Ill[inois harboring fugitives, but] if their [there is evidence there] has been aggression [by Mormons against Missourians there, the Mormons should be tried there].
[The] United States [is] bound to see that no annoyance is suffered by any state. [A] Military Expedition [by U.S. citizens] against [a neighboring state] may bring notions [that the offended state may have the right to prosecute, but the aggressors are still] amenable [to U.S. law only].
If J[oseph] Smith aided and abetted Rockwell [it] might [have been in Illinois. It would] be the duty [of the Illinois legislature] to provide for acts of the kind that M[iss]o[uri] has [passed so that] nothing [could be construed] to [blank [deter justice]]. J[oseph] S[mith] cannot be tried in M[iss]o[uri]. [blank [The]] Offence must be committed where? [In Missouri.] What would necessarily be the action [based on] Congress and Laws? The evidence should be so specific as to leave no doubt a crime was committed. Where the crime was committed—[and that the suspect fled] to [another state from] the state where the crime [blank [was committed]] The Gov[ernor] of the State where crime was committed[, the] Gov[ernor] M[iss]o[uri,] is the proper [blank [authority to request extradition.]]
If ever there was a case when the Judge ought to scrutinize this is the case. [blank [The officers of Missouri must bear the responsibility of examining the]] case to correct [any omissions or errors before requesting custody of the suspect] so [that we may know if there is] any authority why he should be [delivered besides the opinion of the former] Gov[ernor]. [blank [The]] Affidavit [by] definition [must tell why] J[oseph] S[mith] is accessory before the fact.
Who constituted [that] Bogg[s was] competent to advise this court. [As a] Question of Law—[the] facts [this] court has todo with must affirm [a] crime was committed. [Mr.Boggs says he] Believes and has good reason to believe [Joseph Smith was an accomplice, and that this evidence is] now in hispossession. [He should have incorporated this evidence into hisaffidavit to support his "belief."]
Who ever heard of a man[']s being arrested [on "belief"]? [The] Reasons may have been futile. [The] Court might not thinkthem very good.
Another [legal] Question read—familiar principles, [theSupreme Court's] own opinion [that when one is] charged withTreason, [or some other] felony [there must be evidence flor thecrime [or the suspect] shall [not] be delivered. [Mr. Boggs only]Suspects J[oseph] S[mith] as [an] accessory [or he would havestated the facts]. [One might think the] Court mustput a construction where there is fear of escape. Issue a warrantto detain for examination. [The Supreme] Court don't concur.
[One must] Proceed on more [than] suspician. [If the]Motive [of Mr. Boggs were] fear that he [Joseph Smith] will escape [it] is done away—parties have time to collect testimony[and] submit it to [a] Grand Jury. [One may] Impeach Congress[on suspicion]—[this is] only an impeachment. [The word] Chargedused in the Constitution [requires] positive [evidence] not suspicion. Bogg[s] says he was shot on 6 May—(Ladies [blank]) and his affidavit [was] made 20 July following—shall [he]not [be required to] find [evidence for an] indictment befor[e rendering] Judg[e]ment[? He] had time to bring a serving [before agrand jury] of the Citizens of those U[nited] States—should [Joseph Smith] be transported unless on positive charge, not on [mere] Suspicion. Mature reflection [reveals an] Affidavit so imperfect [as to be a collection of mis-recitals and overstatements].
J[oseph] Smith [should] be discharged and the entry bemade so that /he shall be [free from any attempt]/ to secure him. from any further arrests on this /[He shoud be trouble[d] no more on this matter in relation to the matter touching this/ prosecution. (Joseph arose and bowed to the court) Spectators retired and court adjourned to 10 o'clock tomorrow.
Joseph repaired to Judge Pope's room and spent 1 hour in conversation with his honor shewing that he did not profess to be a prophet [to aggrandize himself] then every man ought [to be a prophet] who professes to be a preacher of Righteousness. That the testimony of Jesus is the spirit of Prophecy and [he] preached to the Judge. Esqu[ire] Butterfield asked him to Prophecy how many inhabitants would come to Nauvoo.
Joseph replied, "I will not tell you how many inhabitants will come to Nauvoo but I will tell you what I saw when I came to Commerce. I told them I could build up a city and the old inhabitants said We'll be damned if you can, so I prophesied that I could build up a city. The inhabitants prophesied I could not. We have now about 12,000 inhabitants. I will prophecy we will build a great city, for we have the stakes, and we have only to fill up the instertices."
Joseph came in the Clerk's office after he left the Judge, who by the bye was very attentive and agreeable, and said to the clerks that he had been disaffected in one thing which appeared to allay their pleasure for the moment. But said he, "I have met with less prejudice and better and more noble and liberal feelings on the part of the people generally than I expected before I come which lightened my countenance with joy."
After mailing letters to Liverpool, Philadelphia, and St. Louis—retired to Gen[eral] Adams—when Secretary went to [inquire about] preparing the Judges Decision for the press on request of Judge Pope, per President Joseph.
Visited Mr. Butterfield with W[illia]m Clayton [and] had conversation concerning the abuse which had been received from M[iss]o[uri] and the officers. Joseph asked Butterfield if he or the assigned could sell the Lots on the Hotchkiss pu[r]chase in Nauvoo. Butterfield [said] neither can, see [since] all the assignee can sell is Joseph's Right. The conveyance has not been made by Hotchkiss, therefore it reverts back again to him. Joseph has nothing to do with paying the remainder which is due Hotchkiss in the event he is discharged on bankruptcy.
Visited at Mr. M. Graves in the evening. [We] had a very social visit and had a disquisition on phrenology. Slept in the Guest Chamber with Secretary [Richards]. *
-- 5Jan43
[Joseph Smith Sermon] Remarks in Judge Popes rooms at Springfield, Ill. on January 5,
Joseph repared to Judge Popes romm & spent 1 hour in conversation with his honor. showing that he did not profess to be a prophet then every man ought. who professes to be a preacher of Righteousness - that the testimony of Jesus is the spirit of Prophecy. & preached to the Judge - Esqr Butterfield asked him to Prophesy how many inhabitants would come to Nauvoo, Joseph replied I will not tell you how many inhabitants will come to Nauvoo but. I will tell you what I said when I came to Commerce, I told them I would build up a city - & the old inhabitants said- well be damned if you can so I prophesied that I could build up a city. & the inhabitants prophesied I could not. we have now about 12000 inhabitants. I will prophesy we will build a great city: for we have the stakes. & we have only to. fill up the intertisces. - (3)
-- Jan 5, 1843
Judge Nathaniel Pope rules that the extradition request from Missouri Governor Liburn Boggs to have Joseph Smith extradited to Missouri shall be quashed and that Smith "shall be free from any attempt to secure him. He should be troubled no more in relation to the matter touching this prosecution." Smith was charged with being an accessory to the attempted murder of Boggs. (4)
[Joseph Smith] Acquitted in Missouri extradition case. (5)
Springfield, Illinois. After Judge Nathaniel Pope discharged him from his arrest, Joseph Smith prophesied to him that Nauvoo, Illinois, would become a great city. (2)
[Joseph Smith] Writ of extradition ruled invalid by circuit court justice in Springfield, Illinois. Discharged from arrest. (6)
[Joseph Smith] Is released by a federal judge in Springfield on a ruling that he is protected from arrest because of his Illinois citizenship. (7)
Jr Smith, Joseph: Discharged from 1842 arrest 5 January 1843. (8)
[Lucy Mack Smith] Acquitted in Boggs case. (9)
-- Jan 6, 1843
Springfield, Illinois. Joseph Smith went to see Judge Nathaniel Pope in the morning and blessed his son. The judge wished him well and hoped he would no longer be persecuted. (2)
-- Jan 7, 1843
-- 1843 January 6
January 6th 1843 After finishing a copy of Judge Pope's decision, went with Joseph and presented the same to the Judge. We were in the court Room with Butterfield and the Clerk. Joseph gave Butterfield 2 notes of $230 each for his fees [and] bind [retainer] /note signed by Joseph Smith, Hyrum Smith, [Levi] Moffat [Moffit], and [Edward] Hunter/. [Including the] $40 he had received [it made] $500 in the whole.
Took certified copies of the Affidavit, of Boggs-Reynolds Requisition, Carlin's Writ as reissued by Ford, Joseph's Petition, Carlin's Proclamation, Habeus Corpus, order of Court, Joseph's affidavit, and affidavits of Eleven others, and all the doings of the court certified by the clerk and the order of the governor thereon showing that Joseph is discharged from all prosecution on the case of the arrest on Requisition from Missouri.
Joseph visited Judge Pope to request a copy of his decision for the Wasp [a Mormon newspaper] and not let Mr. [S.] Francis [editor of the Sangamo Journal] have the first chance. As he has published much against us and we have a little pride in being the first. Judge Pope said he could not well deny Mr. Francis but he would give Gen[eral James] Adams the first chance of copying the decision as soon as it should be written.
After the Governor had certified the decision of court and the papers, he offered a little advice to Joseph that he refrain from all political electioneering. Joseph shewed him that he always had acted on that principle and proved it by Gen[eral William] Law and Sec[retar]y quite to the satisfaction of the governor. As it [was] affirmed that the Mormons were driven to union in their election by persecution and not by the influence of Joseph. Thus the Mormons acted on the most perfect principles of Liberty in all their Movements.
In the court room Mr. Butterfield inquired the price of lots in Nauvoo. Said if he become a Mormon he should want to come to live with us. Had conversation on the subject of Religion. Judge Pope's son wished me well and hoped I should not be persecuted here any more. Jos[eph] blessed him. Conversed with Owens, [a] Catholic. When we retired the Lawyers were laughing at him saying that he would be a Mormon in 6 weeks if he would go to Nauvoo. Mr. Butterfield said Joseph must deposite his discharge and all the papers in the archives of the [Nauvoo] Temple, when it was completed.
3 1/2 P.M. Retired to Judge Adams. Evening, W[illia]m Smith called [and] said Cochron Representatives from Union had brought charges or insinu[a]tions against the Mormons saying certain things false in the Mormon Bible. The Man[a]ger of the Theatre sent a ticket for /Gen[eral]/ Joseph Smith to attend the theatre this eve[ning], but the action was dispensed with on account of the weather. *
-- 1843 January 7
January 7th, Saturday 8 1/2 [A.M.] Left Judge Adams on our way to Nauvoo and arrived at Mr. Dutches [at] 4 P.M. Travelling very bad much of the way. Snow fell the ev[en]ing previous on the road which had not frozen, though extremely cold, so as to turn the horses white with frost. While riding Gen[eral] Law sang the following hymn:
And are you sure the news is true?
And are you sure he's free?
Then let us join with one accord,
And have a Jubilee
Chorus
We'll have a Jubilee, My Friend
We'll have a Jubilee
With heart and voice we'll all rejoice
Because /In that/ our Prophet's free
2d
Success unto the Federal Court.
Judge Pope presiding there;
And also his associates too,
So lovely and so fair
3 Chorus
Also to our learned Councillors
We owe our gratitude
Because that they in freedom's cause
Like valiant men have stood
4 Chorus
In the defence of Innocence,
They made the truth to bear;
Reynolds and Carlin's baseness both
Did fearlessly declare
5 Chorus see [1]13, 114 page[s]
/Edwards and Butterfield and Pope
/The names of Pope and Butterfield
We'll mention with applause
Because that they like champions bold
Support the Federal Law
7 chorus
One word in praise of Thomas Ford
That Democrat so true;
He understands the people's rights
And will protect them too.
8 chorus
There is one more we wish enrol'd
Upon the Book of fame
That master spirit in all jokes
And Prentice but in name
8 chorus see P[age] 114
/12/ With warmest heart we bid good bye
to those we leave behind
The citizens of Springfield all
So courteous and so kind.
15 chorus
And now we're bound for home my friend
A bond of brothers true
To cheer the heart of those we love
In beautiful Nauvoo.
We'll have a Jubilee My friends
We'll have a Jubilee
With heart and voice we'll all rejoice
In that our Prophet's free
The Attorney General of the State
His duty nobly did
And ably brought those errors forth
from which we now are freed.
9 c. Chorus
The sucker State we'll praise in song
She's succour'd us in deed
And we will succour her again
In every time of need.
10 chorus
Our Charter'd rights she has Maintained
Through opposition great
Long may her charter champions live
Still to protect the State.
chorus {page 114:}
And Captain Dutch we cannot pass
Without a word of Praise
For he's the king of comic song
As well as comic ways
Chorus
And the fair Ladies of his house
/flowers of Morgan's plains
/to thank them we take pains
Who from the soft piano bring
Such soul enchanting strains
We'll have a Jubilee, My friends
We'll have a Jubilee
With heart and voice we'll all rejoice
In that our Prophet's free
11-We'll stand by her through sun and shade
Through calm and sunshine too
And when she need our Legion's aid
Tis ready at Nauvoo.
chorus
Which was written and sung repeatedly during the evening with many other songs and stories and the whole party were very cheerful and had a rich entertainment. We retired at a late hour and rose early. *
While riding from Springfield to Nauvoo after the end of Joseph Smith's extradition trial William Law sings a song he has written for the occasion: "And are you sure the news is true?/And are you sure he's free?/Then let us join with one accord,/And have a Jubilee/We'll have a Jubilee, My Friend/We'll have a Jubilee/With heart and voice we'll all rejoice/In that our Prophet's free." The song has 14 verses. (4)
-- Jan 8, 1843
[Wilford Woodruff Journal] Jan 8 Sunday I spent the time at hom. (1)
-- Jan 8th 1843
[High Council Minutes]
Council met according to adjournment and adjourned to the House of Councellor Aaron Johnson's.
Resolved that the Clerk write a piece be published in the "Times & Seasons["] stating that William & Alford Young has been restored to fellowship (they having been disfellowshiped by Joseph Smith upon the complaint of John D. Lee and others &c and that the Clerk shall prepare the piece and make report thereof at the next Council.
Resolved that the Council meet every Sabbath at Aaron Johnson's house at 2 o'clock P.M.
Adjourned accordingly
Hosea Stout Clerk (10)
-- Jan 9, 1843
[Wilford Woodruff Journal] 9, 10, 11, 12, 13, & 14 was spent in the Office. (1)
-- 1843 January 8
Sunday, January 8th 1842 8 o['cloc]k rode through Geneva past Beardstown, crossed the Illinois River on the ice and arrived at Rushville 4 P.M. Soon after a man, Mr. Royalty 6 1/2 feet high called to see us. After supper we repaired to Mr. [Uriah] Brown's and sung the Mormon Jubilee.
Mr. Brown repeated his incertion [assertion?] for national defence [but said there was] poor prospect of the nation adopting [blank [his invention. He elaborated on his]] vessel [and] investment. [blank [In his]] speech [be]fore [blank [he had showed the protection]] against the destruction instantly sealed [blank [in a rival design. He]] turned my attention to Land operation confection [liquid fire, invented] by him as steam engine [blank [to revolutionize war for the next]] 300 y[ea]rs. Some plans and diagrams [showed forces] behind movable batteries [with] cutters and on wheels [driven] by steam if level.
[The] Confidence of an individual at St. Louis [blank [was obtained, and he]] made a proposition for operation in the Southern [and] Northern Provinces of Mexico with a small force if it was not connected with the United States. Some other power will avail itself. Vessel contain[s] Machine ball [where one] cannot get at it. Cannon ball will destroy 300 ft by land [when protected] by breastworks. Account from Colt. N[ew] York proposed the same thing to Mr. Madison. Services of Rand. Expl[oded?] their Magazine by conduction.
To determine precisely Method of determining when the vessel comes over Magazine, [one can plan a] land explosion. Will not effect our shipping, but our enemy [cannot confront us on land]. Observation by telescope. Meet our army. Battery moved up touch off, approach our enemy under cover of sand bags. engine for beseiging city defended by india Rubber &c.
Joseph said he had thought that the Lord had designed the apparatus for some more magnificent purpose than for the defense of nations. [rest of page blank] *
-- 1843 January 9
Monday, January 9th Started 8 1/2 o'clock for Plymouth. Roads pretty good but smooth an[d] icy. When 2 miles beyond Brooklynn at 12 1/2 noon while Bro[ther] Richards and Lorin Walker was in the covered carriage and descending a steep hill the horses bolted. The carriage slipped and capsized and fell off the side of the bridge, 5 feet descent. Broke the carriage, some on the top and the fore axletree which we soon spliced and w[h]itt[l]ed and went on no one being injured which we considered a special interposition of Providence and agreed that Lilburn W. Boggs should pay the damage. [blank]
Arrived at Bro[ther Samuel] Smith's in Plymouth 4 P.M. After supper, Joseph went to see his sister Catharine Salisbury with Sister Durphy and Sec[retar]y [Richards]. The first time he had visited her in the state of Illinois.
While there Joseph spoke of his friends particularly his father's family in general and particularly of his brother Alvin, that he was a very handsome man. Surpassed by none but Adam and Seth and of great strength. While 2 Irishmen were fighting and one was about to gouge the others eyes, Alvin took him by his collar and breeches and threw him over the ring which had been formed to witness the fight.
While there my heart was pained to witness a lovely wife and sister of Joseph almost barefoot and four lovely children entirely so in the middle of winter. Ah! thought I, what has not Joseph and his father's family suffered to bring forth the work of the Lord? I [Willard Richards] sung the Mormon Jubilee to cheer our hearts and we returned to Bro[ther] Smith's Just before the close of the meeting in the school house where Bro[ther John] Taylor preached. Soon after as some had called to see the Prophet we all collected and sung the Jubilee and retired. *
-- Jan 10, 1843
John C. Bennett sent letter to Sidney Rigdon and Orson Pratt describing grand jury indictments against Joseph Smith, Hyrum Smith, Lyman Wight, and others. (11)
-- 1843 January 10
January 10th, Tuesday 8 1/2 [A.M.] Started for Nauvoo. Had a prosperous journey stopping only to water our horses at the public well in Garthage. Arrived at [home of] Gen[eral Joseph] Smith at 2 1/2 P.M. when his family and friends assembled together and sung the /Mormon/ Jubilee. Soon after, his mother came in and got hold of his arm before he saw her which produced a very agreeable surprise on his part and the olde Lady was overjoyed to behold her son free once more. *
-- 1843 January 11
January 11th, Wednesday Joseph rode out in his sleigh with his wife. Started to go to Bro[ther] Russel[l']s to apologize about the broken carriage. Broke sleigh shoe and returned. Visited by a co[mpany] of Ladies and Gentlemen from Farmington on the DesMoin River [who] left at 2 1/2 P.M.
Directed /written/ Invitations to be given to Wilson Law, W[illia]m Law, Hyrum Smith, Sam[ue]l Bennet[t], John Taylor, W[illia]m Marks, [Levi] Moffat, Peter Hawes, Orson Hyde, H[enry] G. Sherwood, W[illia]m Clayton, Jabez Durphy, H[arvey] Tale, Edward Hunter, Theodor[e] Turley, Shadrach Roundy, W[illard] Richards, Arthur Milikin with their Ladies, and Mrs. Lucy Smith to a dinner party on Wednesday next at 10 A.M.
Brigham Young, Wilford Woodruff, Geo[rge] A. Smith, Eliza Snow, Mr. [Carlos] Granger, Sisters Ells [and] Partridge, Alpheus Cutler, Reynolds Cahoon, [and] H[eber] C. Kimball were afterwards added. [rest of page blank] *
-- Jan 11, 1843
Celebration: Joseph Smith discharged from his arrest under the Missouri writ by Illinois District Court Judge Pope [per Brigham Young]. (11)
Nauvoo, Illinois. Joseph Smith had a mishap with his sleigh while on an outing with his wife, Emma Smith. (2)
-- 1843 January 12
Thursday, January 12th At home all day. [rest of page blank] *
-- 1843 January 13
January 13th, Friday At home till near sun set when Bro[ther] Russel[l] called to see if $20 had been received. Said he put it in his brother's bag where both their monies were deposited and his bro[ther] said if there was $20 due the Church he must make it good.
Then went to Bro[ther] W[illia]m Marks to see Sophia who was sick. Heard her relate the vision or dream of a visit from her two brothers who were dead—Touching the associations and relations of another world. *
-- 1843 January 14
January 14th, Saturday Rode out with Emma in the fore noon. Evening in special council in the chamber—to pray for Sophia Marks.
Sunday, Jan[uar]y 15th At home. [rest of page blank] *
Footnotes:
1 - Wilford Woodruff's Journal: 1833-1898 Typescript, Volumes 1-9, Edited by Scott G. Kenney, Signature Books 1993
2 - BYU Studies Journal, volume 46, no. 4: A Chronology of the Life of Joseph Smith
3 - The Parallel Joseph, http://www.boap.org/LDS/Parallel/
4 - This Day in Mormon History, http://www.advent-adam.com/jakestand.html
5 - Joseph Smith Papers, Timeline of Events, http://josephsmithpapers.org/TimelineOfEvents.htm
6 - Scott H. Faulring, An American Prophet's Record, 'A Joseph Smith Chronology'
7 - Highlights in the Prophet's Life, Ensign, June 1994
8 - Cook, Lyndon W., The Revelations of the Prophet Joseph Smith: A Historical and Biographical Commentary of the Doctrine and Covenants, Seventy's Mission Bookstore, Provo UT, 1985
9 - Proctor, Scott and Maurine Jensen, editors, History of Joseph Smith by His Mother: Revised and Enhanced
10 - Minutes of the High Council of the Church of Jesus Christ of Nauvoo Illinois: Nauvoo Hancock County Illinois
11 - Tidd, N. R., "Mormon Chronology"
* Faulring, Scott (ed.), An American Prophet's Record: The Diaries and Journals of Joseph Smith: Joseph Smith Diary, 1842-43
LDS History Timeline
About this site: http://bit.ly/mohist
Mormon History, 1Jan43
-- 1843 January 1
January 1st 1843, Sunday Speaker of the House of Representatives called to inform us we could have the Hall for preaching this day.//Esq[ui]r[e] Butterfield called with Esq[ui]r[e] Gilaspie, Judge Douglass, [and] Mr. Rusk. Joseph explained the nature of a Prophet, "[The] spirit of Prophecy, which is the testimony of Jesus, is necessary to constitute a witness or a preacher or a prophet."//Three Gent[lemen] called, One from Cass County (Esq[ui]r[e] Pratt).//11 8/11 A.M. Repaired to House of Representatives. 11 1/2 [A.M.] Elder [Orson] Hyde read the Hymn "Rejoice Ye Saints of Latter Days." Elder [john] Taylor followed in prayer. The Saints then sung "The Spirit of God like a Fire is Burning" &c. 3 verses. Elder Hyde then read a portion of the 3d Chapter of Malichi commencing at the beginning 6 verses.//[Elder Hyde said,] "Although strangers permit me to wish you all a happy new year. Though aware /of/ the difficulties and prejudices yet we let it all pass by like the summer threshing floors. 'For what is chaff to the wheat.' saith the Lord. Lord whom ye seek and supposed to be John [the] Baptist. It was not fulfilled at [the] coming [of] Christ. After [the] Jews return from Babylon in a short time the prophets were killed. Malachi about 500 years before Christ. Lost Record. Hosea [was] sawn asunder in the valley of Jehosophet.//"From Malachi to John [the] Baptist [the] voice of Revelation was not heard. John came to prepare the way. [He] baptized many of the different sects. Lawyers &c. were the ones who could not be baptized. [They] were the first to pers[e]cute and rec[e]ive the curses of the Savior [who] died in Jerusalem and ascended from Mount Olivet. [The] Temple [was] built by the commandment of God [and] received the heavenly messenger. It became polluted. Took a whip of small cords &c., not one stone shall not be thrown down. German Bible says, 'which shall not be broken.' Temple [is a] Type of the church. Spirit of God is mind of God.//"When a lad I went out to find poultry. Where the corn was done every one went his own way and sung his own song. When inspiration ceased every one sung his own song. Gross darkness covered the people. Let us have this temple purified. How shall I educ[a]te my son? God no longer speaks then is prima facie Evidence he never spoke to you. Will send his messengers and Lord shall come suddenly, objected Angels no more come? Four angels &c. in Rev[elation] when servants of God are sealed have a mark by which God knows them, send his angels &c.//"The Lord has sent his angel in these last days. If the Christian church will not be cleansed, God will put his finger on this and on that nation, and nation will rise against nation. We are neither Catholic [n]or P[r]otestant, but like the Temple {page 31 } we have not passed under the polishing of any denomination and the people think to throw down the Latter Day Saint under the rubbish, but they cannot do without them." /Elder Hyde [concluded his remarks and] returned thanks.///Quarter [past] 1, I retired for dinner /to Judge Adams/. 2 1/2 [P.M.] returned to the Representatives Hall. 3.3[0 P.M.] Elder Hyd[e] read Hymn 154 page and followed in prayer. Elder Taylor Read Rev[elation] 14 ch[apter] 6 and 7 verses. [Elder Taylor said,] "Some object to my text in Rev[elation] because it is so mysterious. Whatever is revealed is not a mystery. Blessed is he that readeth and might refer to the ministering of angels to Noah, Abraham, Ezekial, Paul, Peter, past.//"Old and New Testament is not the gospel, as a map is not the country it represents. It tells what the gospel is. Gospel is good news a savor of life to them that receive or the sabor [saber] of Death unto death to those who reject. Gospel is the power of God unto Salvation. Go ye into all the world and preach the Gospel &c. These signs shall follow them &c., faith, Repenta[n]ce, Baptism, Laying on of Hands, certain officers, enough that we have it in the Bible can read of those things which were tong[u]es, dreams, &c. A man has a history of a feast in his pocket can read it in the wilderness to keep from starving." 4 1/2 [P.M.] Elder Taylor returned thanks to the audience and the Lord and meeting dispersed.//Went to Bro[ther] Bowman's to supper. His wife /Julia Stringham/ was baptiz[e]d at Colesville, [New York] one of the first fruits. Many Saints called to see the President.//While supper was preparing Joseph related an anecdote. While young, his father had a fine large watch dog which bit off an ear from David Stafford's hog, which Stafford had turned into Smith['s] corn field. Stafford /shot the dog and/ with six other fellows pitched upon him [Joseph] unawares. Joseph whipped the whole of them and escaped unhurt /which they swore to as recorded in Hurlburt's or Howe's Book [Mormonism Unvailed]/.//[Joseph also related,] While in Kirtland a Baptist Priest came in my house and abused my family. I turned him out of doors. He raised his cane to strike me and continued to abuse me. I whipped him till he begged. He threatened to prosecute me. I sent Luke Johnson the constable after him and he run him out of the County into Mentor. 7 [P.M.] returned to Judge Adams. *
-- 1Jan43
[Joseph Smith Sermon] This a.m. we had a pleasant interview with Mr. Butterfield, Judge Douglas, Senator Gillespie & others. pres. Joseph stated to Mr. Butterfield the prominent points of difference in sentiment between the Latter Day Saints & sectarian viz: the latter are all circumscribed by some peculiar creed which deprives its members of the right of believing anything not contained in it; whereas the Latter Day Saints have no creed, but are ready to believe all true principle existing, as they are made manifest from time to time. He said further, that if any person should ask him if he was a prophet he should not deny it. As to deny it would give him the lie & then shewed from the Revelations of John that any man who has the testimony of Jesus has the spirit of prophesy &c.
Esqr. Butterfield called with Esqr. Gilaspie - Judge Douglass. and Rusk. - Joseph explained the nature of a prophet. Spirit of Prophecy. which is the testimony of Jesus is necessary to constitute a witness or a preacher, or a prophet. (1)
-- 1Jan43(2)
[Joseph Smith Sermon] Remarks of Joseph Smith while waiting for dinner at home of Julia[?] Stringham Bowman Springfield, Ill. on January 1,
Joseph related an anecdote. while young his father had a fine large watch dog. which bit off an ear from David Staffords hog, which stafford had turned into Smithcorn field. Stafford ^shot, the Dog, &with six other fellows pitched upon him [Joseph] unawars. & Joseph whipped the whole of them. & escaped unhurt. which they swore to as recorded in Hurlburts or Howe's Book while in Kirtland a Baptist Priest come in my house & abused my family. I turned him out of doors.
he said he's come to strike me & continued to abuse me. I whipped him tell he begged.- he threatened to prosecute me - I sent Luke Johnson the constable after him & he run him out of the county into Mentor (1)
-- Jan 1, 1843
Joseph Smith tells dinner guests of his confrontation with a Baptist minister in Kirtland: "I whipped him till he begged. He threatened to prosecute me. I sent [apostle] Luke Johnson the constable after him and he run him out of the County into Mentor." Earlier in the day Smith had told visiting dignitaries, "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." (2)
[Wilford Woodruff Journal] Jan 1st
I spent this day by Starting at sunrise in company with Mrs Woodruff & Br Newbury & two sisters in a two hors sleigh & crossing the Mississippi River on the ice & travled 15 miles into iowa Territory & Joined Mr Abram Newbury & Miss Eliza Duty in Matrimony. We then took diner & returned home making in all 30 miles while the thermometer stood 10 degrees below zero. (3)
-- January 1st 1843
[High Council Minutes]
Council met acording to adjournment. No buisness. Adjourned till next Sabbath at 2 o'clock at this place.
Hosea Stout, Clerk (4)
-- 2Jan43
[Joseph Smith Sermon] Prophecy - Slaves Equals of White Men - Oppression
Faith Brings Fruits of Spirit - Nature of Meekness
World Deceived in Hope of Salvation - Must Have Gifts of Spirit
Restoration of Melchizedek Priesthood? (1)
-- Jan 2, 1843
[Black History] Joseph Smith rejects inter-racial marriage, (5)
Contrary to then-current views of the inherent inferiority of African-Americans, Joseph Smith affirmed that social environment, not nature, determined their status: "Change their situations with the whites, and they [African-Americans] would be like them." However, he opposed racial intermarriage and integration, and instead favored emancipation and black nationalism: "Had I anything to do with the negro, I would confine them by strict law to their own species, and put them on a national equalization." (2)
Springfield, Illinois. Regarding the outcome of the ongoing trial against him, Joseph Smith prophesied that he would not go to Missouri, dead or alive. (6)
[Wilford Woodruff Journal] 2d It is an important erea in the history of the Church about these days. Joseph Smith the Prophet & Seer of the Church has been Persecuted & driven into the willderness from his family & Church in Nauvoo in consequence of illegal oaths, affidavits & edicts, from men in authority Govornors &c. But having a new govornor Joseph Smith came forth & deliverd himself up to the authorities & demanded a trial & it has been granted him within a few days past before the Circuit Court of the United States & has been honorably acquited according to the law of the Land, & is now returning to Nauvoo to have a jubilee.
Elder John Taylor has gone to springfield with Joseph & about 20 other Brethren which leaves the Printing Office in my care which makes much business for me more than I can conveniently attend to. (3)
--1843 January 2
January 2nd, Monday After breakfast Joseph prophesied in the name of the Lord God, "I shall not /go/ to Missouri dead or alive." Mr. Jonas from Adams called [and] conversed on the policy of modifying the City charters.//9 1/2 A.M. Repaired to the court house. 10 [A.M.] court opened. Judge Pope present. Docket read by the clerk in matter of Joseph Smith and then of various Bankrupts. When the court opened Joseph was with his attorney in his office [and] rested while the Docket was reading. At the close of the reading The Marshall waited on 7 ladies who took their seats beside the Judge [at his request to witness the proceedings]. The state Attorney [General] /Esqu[i]r[e] Lamborn/ requested the case to be continued till tomorrow morning out of respect to the officers of State and of the Gov[enor] of Missouri. Wednesday morning was set for trial.//Esqu[i]r[e] Butterfield moved to file some objections to facts set forth in the Habeus Corpus. Joseph Smith is not a fugitive from justice. [He] was not in M[iss]o[uri] at that time, has not been for 3 years &c. but was in Nauvoo when the attack was made on Lilborn W. Boggs. Filed. Ladies retired.//10 1/2 [A.M.] Repaired to the Senate Lobby had conversation with Senator Davis, Mr. Webber (Resolution lost to make up the deficit of the failure of the State Bank to public office), [and] Mayor Baker of Sangamon. Senator appears much like an African Monkey. At /one/ moment standing by one stove, the next by another on the opposite side of the chamber, setting down in every Senator's chair in his way. He never goes out of his way, for his way is every where and his nose in every man's face. Eating apples, staring at and pointing and staring at every one. Next moment in the Galery pointing the Ladies to Old Joe whom he once drilled his regiment to go against and slaughter him or give him up to Missouri. An eavesdropper, a monkey without a monkey's wit.//J[acob] B. Backenstos wishing to return to Carthage gave the names of Witnesses who dined with Joseph on the 7th day of May, [the day in question, as] James H. Ralston, J. N. Morris,/ [who] can[n]ot com[e, and] Almeron/ Wheat.//Rep[rentative] Geo[rge] C. Dixon at the /Mrs. Eno's/ brick Hotel. Several Senators came and conversed with Joseph /viz. Chief Justice Wilson of Illinois court/.//A discussion arose in the Senate on the propriety of Taxing the rich for repair of Roads. [Senator] Davis spoke in faver. Bill laid on the Table till 4 July. Repaired 12 A.M. to Senator Davis' private room. Mr. Nye called. Dined at the American opposite Judge Pope and Brown. As we arose from the table Judge Brown invited Joseph to his room. I [Joseph] Told him [I knew] he was about publishing a history of Illinois and wished him {page 38) to [allow me to] furnish a history of the rise and faith of the Church of Latter Day Saints to add to his history. 1 1/2 [P.M.] returned to Jud[g]e Adams'.//A gentleman from St. Louis told General /Law/ that the "General Impression was that Joseph was innocent and it would be a kind of murder to give him up. They thought he ought to be whipt alittle and let go." It is evident that prejudice is giving way and good feeling is gaining ascendency in the public mind.//4 o'clock Esq[ui]r[e] Lamborn [the] state's attorney [general], the marshall, and some 1/2 dozen others called. The Marshall said it was the first time in his administration that the Ladies had attended court on trial.//Mr. McCoy of Missouri told the Marshall that he tried to pacify the people and keep the peace. It was false, he headed a co[mpany] and was a leader in the mob.//Esq[ui]r[e] Lamborn remarked "Mr. Smith is a very good looking, jovial man." "Examine his head," said Laconly, "I think he is not particuarly given to burglary, rape, and Murder."//Esq[ui]r[e] Lindsay had much conversation. Marshall was very Jovial and pleasant. A peculiarly pleasant and conciliatory feeling pervailed through the company and the Marshall invited Joseph to a family dinner when he was freed.//5 o'clock went to Mr. W[illia]m Sollar's. Mr. Bridewood visited in the eve. Elder Hyde was present and after Supper asked, "What is the situation of the Negro?" [Joseph replied,] "They come into the world slaves, mentally and physically. Change their situation with the white and they would be like them. They have souls and are subjects of salvation. Go into Cincinati and find one educated [and who] rid[els in his carriage. He has risen by the power of his mind to his exalted state of respectability. Slaves in Washington [are] more refined than the president. Boys will take the shine off those they brush and wait on."//Says Elder Hyde, "Put them on the [same] level and they will rise above me." Joseph [said], "If I raised you to be my equal and then attempt to oppress you would you not be indignant and try to rise above me? Did not Oliver Cowdery and Peter Whitmer and many others say I was fallen and they were capable of Leading the people. Had I any thing to do with the Negro I would confine them by strict Laws to their own Species [and] put them on a national Equalization.//"Because faith is wanting the fruits [of faith] are not [evident]. No man since the world was, ever had faith without having something along with it. The ancients quen[c]hed the violence of [nature and] escaped the edged of the sword. Women received their Dead &c. By faith the worlds were made. A man who has none of the gifts has no faith. He deceives himself if he supposes it. Faith has been wanting not only among the brethren but professed Christendom also, that Tongues and healings and prophecy and prophets and apostles and all these gifts and blessings have been wanting." Joseph spoke at great length and edification to the little co[mpany].///Objections being made to the Prophet's [lack of] meekness/ "I am meek and lowly in heart. I will personify Jesus for a moment to illustrate and [for] you inquirers. 'Wo unto you ye Doctors. Wo unto you ye scribes, pharisees, and Hypocrit[e]s.'//''You cannot find the place where I ever went that I found fault with their food, their drink, their board, or their Lodging. No never. This is what is meant by the meekness and Lowliness of Jesus."//Mr. Sollars stated that James Mullone, carpenter, of Springfield told him he had been to Nauvoo and seen Joe Smith the Prophet. He had a grey horse and I [Mullone] asked him where he got it and the Prophet said, "you see that white cloud?" "Yes." "Well as it came along I got the horse from that cloud." Joseph replied, "It was a lie. I never told him so."///In reference to preparing Generally/, what is it inspires with a hope of Salvation? It is that smooth sophisticated influence of the Devil by which he deceives the whole world. Mr. Sollars says, "May I not Repent and be baptized and not pay any attention to dreams and visions &c?" Joseph said, "Suppose I am Travelling and I am hungry and meet a man and tell him I am hungry. He tells me to go yonder, there is a house for Entertainment, go knock, and you must conform to all the rules of the house or you cannot satisfy your hunger. Knock, call for food and set down and eat, and I go and knock and ask for food and set down to the table but do not eat shall I satisfy my hunger? No! I must eat. The Gifts are the food. The graces of the spirit are the Gifts of the spirit."//Joseph [said], ''When I first commenced this work and had got 2 or 3 individuals to believe I went about 30 miles with Oliver Cowdery, one horse between us, to see them. When we arrived, a mob of a hundred come upon us before we had time to eat, and chased us all night and we arrived back again about 60 miles in all, and without food, a little after Day light. I have often travelled all night to see the brethren and often been turned away without food."//Evening closed by singing and prayer per El[der] Hyde. Posted the bed on the floor [for] Joseph, Orson, [and] Willard.//Tuesday, 3d January 1843 8 [A.M.] Called after breakfast on Sister Crane and blessed the boy. Joseph Smith returned to Judge Adams. Present Mr. Trobridge, Mr. Beers, Mr. Jonas, and Esqu[i]r[e] Browning. [We] conversed on the old Missouri case. /Esqu[i]r[e] Browning expressed the best of feeling///9 1/2 [A.M.] Repaired to court Room. Present Mr. Butterfield, Owen, Pope, Prentice. Mr. Prentice told a very interesting story concerning Bro[ther] Eddy's debate with Mr. Slocum the Presbyterian Priest on the Steam boat "Nonpariel" in August last. Present at that time [were] Rev. Mr. Wells and McCoy. Affidavits prepared during the P.M. Joseph at Judge Adams'.//At Dusk the Marshall, Mr. Prentice, called with subpoeneas and sat some time and retold the story about Rev. Mr. Slocum &c. After he retired Joseph prophecied in the name of the Lord that no very formidable opposition would be raised at the trial on the morrow.//Evening spent in a very social manner. The most harmonious feeling prevailed. Closed by Singing and Prayer by Elder Hyde. Joseph Lodged on the soffa as he has every night but one since he has been in Springfield.//Mr. Butterfield wrote drafts of Affidavits. 12 retired to Judge Adams. *
-- Jan 3, 1843
Springfield, Illinois. While in Springfield awaiting trial, Joseph Smith called upon Sister Crane and blessed her baby, Joseph Smith Crane. (6)
Footnotes:
1 - The Parallel Joseph, http://www.boap.org/LDS/Parallel/
2 - This Day in Mormon History, http://www.advent-adam.com/jakestand.html
3 - Wilford Woodruff's Journal: 1833-1898 Typescript, Volumes 1-9, Edited by Scott G. Kenney, Signature Books 1993
4 - Minutes of the High Council of the Church of Jesus Christ of Nauvoo Illinois: Nauvoo Hancock County Illinois
5 - http://www.xtimeline.com/events.aspx?q=Bif200802111550260291166
6 - BYU Studies Journal, volume 46, no. 4: A Chronology of the Life of Joseph Smith
* Faulring, Scott (ed.), An American Prophet's Record: The Diaries and Journals of Joseph Smith: Joseph Smith Diary, 1842-43
LDS History Timeline
About this site: http://bit.ly/mohist
January 1st 1843, Sunday Speaker of the House of Representatives called to inform us we could have the Hall for preaching this day.//Esq[ui]r[e] Butterfield called with Esq[ui]r[e] Gilaspie, Judge Douglass, [and] Mr. Rusk. Joseph explained the nature of a Prophet, "[The] spirit of Prophecy, which is the testimony of Jesus, is necessary to constitute a witness or a preacher or a prophet."//Three Gent[lemen] called, One from Cass County (Esq[ui]r[e] Pratt).//11 8/11 A.M. Repaired to House of Representatives. 11 1/2 [A.M.] Elder [Orson] Hyde read the Hymn "Rejoice Ye Saints of Latter Days." Elder [john] Taylor followed in prayer. The Saints then sung "The Spirit of God like a Fire is Burning" &c. 3 verses. Elder Hyde then read a portion of the 3d Chapter of Malichi commencing at the beginning 6 verses.//[Elder Hyde said,] "Although strangers permit me to wish you all a happy new year. Though aware /of/ the difficulties and prejudices yet we let it all pass by like the summer threshing floors. 'For what is chaff to the wheat.' saith the Lord. Lord whom ye seek and supposed to be John [the] Baptist. It was not fulfilled at [the] coming [of] Christ. After [the] Jews return from Babylon in a short time the prophets were killed. Malachi about 500 years before Christ. Lost Record. Hosea [was] sawn asunder in the valley of Jehosophet.//"From Malachi to John [the] Baptist [the] voice of Revelation was not heard. John came to prepare the way. [He] baptized many of the different sects. Lawyers &c. were the ones who could not be baptized. [They] were the first to pers[e]cute and rec[e]ive the curses of the Savior [who] died in Jerusalem and ascended from Mount Olivet. [The] Temple [was] built by the commandment of God [and] received the heavenly messenger. It became polluted. Took a whip of small cords &c., not one stone shall not be thrown down. German Bible says, 'which shall not be broken.' Temple [is a] Type of the church. Spirit of God is mind of God.//"When a lad I went out to find poultry. Where the corn was done every one went his own way and sung his own song. When inspiration ceased every one sung his own song. Gross darkness covered the people. Let us have this temple purified. How shall I educ[a]te my son? God no longer speaks then is prima facie Evidence he never spoke to you. Will send his messengers and Lord shall come suddenly, objected Angels no more come? Four angels &c. in Rev[elation] when servants of God are sealed have a mark by which God knows them, send his angels &c.//"The Lord has sent his angel in these last days. If the Christian church will not be cleansed, God will put his finger on this and on that nation, and nation will rise against nation. We are neither Catholic [n]or P[r]otestant, but like the Temple {page 31 } we have not passed under the polishing of any denomination and the people think to throw down the Latter Day Saint under the rubbish, but they cannot do without them." /Elder Hyde [concluded his remarks and] returned thanks.///Quarter [past] 1, I retired for dinner /to Judge Adams/. 2 1/2 [P.M.] returned to the Representatives Hall. 3.3[0 P.M.] Elder Hyd[e] read Hymn 154 page and followed in prayer. Elder Taylor Read Rev[elation] 14 ch[apter] 6 and 7 verses. [Elder Taylor said,] "Some object to my text in Rev[elation] because it is so mysterious. Whatever is revealed is not a mystery. Blessed is he that readeth and might refer to the ministering of angels to Noah, Abraham, Ezekial, Paul, Peter, past.//"Old and New Testament is not the gospel, as a map is not the country it represents. It tells what the gospel is. Gospel is good news a savor of life to them that receive or the sabor [saber] of Death unto death to those who reject. Gospel is the power of God unto Salvation. Go ye into all the world and preach the Gospel &c. These signs shall follow them &c., faith, Repenta[n]ce, Baptism, Laying on of Hands, certain officers, enough that we have it in the Bible can read of those things which were tong[u]es, dreams, &c. A man has a history of a feast in his pocket can read it in the wilderness to keep from starving." 4 1/2 [P.M.] Elder Taylor returned thanks to the audience and the Lord and meeting dispersed.//Went to Bro[ther] Bowman's to supper. His wife /Julia Stringham/ was baptiz[e]d at Colesville, [New York] one of the first fruits. Many Saints called to see the President.//While supper was preparing Joseph related an anecdote. While young, his father had a fine large watch dog which bit off an ear from David Stafford's hog, which Stafford had turned into Smith['s] corn field. Stafford /shot the dog and/ with six other fellows pitched upon him [Joseph] unawares. Joseph whipped the whole of them and escaped unhurt /which they swore to as recorded in Hurlburt's or Howe's Book [Mormonism Unvailed]/.//[Joseph also related,] While in Kirtland a Baptist Priest came in my house and abused my family. I turned him out of doors. He raised his cane to strike me and continued to abuse me. I whipped him till he begged. He threatened to prosecute me. I sent Luke Johnson the constable after him and he run him out of the County into Mentor. 7 [P.M.] returned to Judge Adams. *
-- 1Jan43
[Joseph Smith Sermon] This a.m. we had a pleasant interview with Mr. Butterfield, Judge Douglas, Senator Gillespie & others. pres. Joseph stated to Mr. Butterfield the prominent points of difference in sentiment between the Latter Day Saints & sectarian viz: the latter are all circumscribed by some peculiar creed which deprives its members of the right of believing anything not contained in it; whereas the Latter Day Saints have no creed, but are ready to believe all true principle existing, as they are made manifest from time to time. He said further, that if any person should ask him if he was a prophet he should not deny it. As to deny it would give him the lie & then shewed from the Revelations of John that any man who has the testimony of Jesus has the spirit of prophesy &c.
Esqr. Butterfield called with Esqr. Gilaspie - Judge Douglass. and Rusk. - Joseph explained the nature of a prophet. Spirit of Prophecy. which is the testimony of Jesus is necessary to constitute a witness or a preacher, or a prophet. (1)
-- 1Jan43(2)
[Joseph Smith Sermon] Remarks of Joseph Smith while waiting for dinner at home of Julia[?] Stringham Bowman Springfield, Ill. on January 1,
Joseph related an anecdote. while young his father had a fine large watch dog. which bit off an ear from David Staffords hog, which stafford had turned into Smithcorn field. Stafford ^shot, the Dog, &with six other fellows pitched upon him [Joseph] unawars. & Joseph whipped the whole of them. & escaped unhurt. which they swore to as recorded in Hurlburts or Howe's Book while in Kirtland a Baptist Priest come in my house & abused my family. I turned him out of doors.
he said he's come to strike me & continued to abuse me. I whipped him tell he begged.- he threatened to prosecute me - I sent Luke Johnson the constable after him & he run him out of the county into Mentor (1)
-- Jan 1, 1843
Joseph Smith tells dinner guests of his confrontation with a Baptist minister in Kirtland: "I whipped him till he begged. He threatened to prosecute me. I sent [apostle] Luke Johnson the constable after him and he run him out of the County into Mentor." Earlier in the day Smith had told visiting dignitaries, "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." (2)
[Wilford Woodruff Journal] Jan 1st
I spent this day by Starting at sunrise in company with Mrs Woodruff & Br Newbury & two sisters in a two hors sleigh & crossing the Mississippi River on the ice & travled 15 miles into iowa Territory & Joined Mr Abram Newbury & Miss Eliza Duty in Matrimony. We then took diner & returned home making in all 30 miles while the thermometer stood 10 degrees below zero. (3)
-- January 1st 1843
[High Council Minutes]
Council met acording to adjournment. No buisness. Adjourned till next Sabbath at 2 o'clock at this place.
Hosea Stout, Clerk (4)
-- 2Jan43
[Joseph Smith Sermon] Prophecy - Slaves Equals of White Men - Oppression
Faith Brings Fruits of Spirit - Nature of Meekness
World Deceived in Hope of Salvation - Must Have Gifts of Spirit
Restoration of Melchizedek Priesthood? (1)
-- Jan 2, 1843
[Black History] Joseph Smith rejects inter-racial marriage, (5)
Contrary to then-current views of the inherent inferiority of African-Americans, Joseph Smith affirmed that social environment, not nature, determined their status: "Change their situations with the whites, and they [African-Americans] would be like them." However, he opposed racial intermarriage and integration, and instead favored emancipation and black nationalism: "Had I anything to do with the negro, I would confine them by strict law to their own species, and put them on a national equalization." (2)
Springfield, Illinois. Regarding the outcome of the ongoing trial against him, Joseph Smith prophesied that he would not go to Missouri, dead or alive. (6)
[Wilford Woodruff Journal] 2d It is an important erea in the history of the Church about these days. Joseph Smith the Prophet & Seer of the Church has been Persecuted & driven into the willderness from his family & Church in Nauvoo in consequence of illegal oaths, affidavits & edicts, from men in authority Govornors &c. But having a new govornor Joseph Smith came forth & deliverd himself up to the authorities & demanded a trial & it has been granted him within a few days past before the Circuit Court of the United States & has been honorably acquited according to the law of the Land, & is now returning to Nauvoo to have a jubilee.
Elder John Taylor has gone to springfield with Joseph & about 20 other Brethren which leaves the Printing Office in my care which makes much business for me more than I can conveniently attend to. (3)
--1843 January 2
January 2nd, Monday After breakfast Joseph prophesied in the name of the Lord God, "I shall not /go/ to Missouri dead or alive." Mr. Jonas from Adams called [and] conversed on the policy of modifying the City charters.//9 1/2 A.M. Repaired to the court house. 10 [A.M.] court opened. Judge Pope present. Docket read by the clerk in matter of Joseph Smith and then of various Bankrupts. When the court opened Joseph was with his attorney in his office [and] rested while the Docket was reading. At the close of the reading The Marshall waited on 7 ladies who took their seats beside the Judge [at his request to witness the proceedings]. The state Attorney [General] /Esqu[i]r[e] Lamborn/ requested the case to be continued till tomorrow morning out of respect to the officers of State and of the Gov[enor] of Missouri. Wednesday morning was set for trial.//Esqu[i]r[e] Butterfield moved to file some objections to facts set forth in the Habeus Corpus. Joseph Smith is not a fugitive from justice. [He] was not in M[iss]o[uri] at that time, has not been for 3 years &c. but was in Nauvoo when the attack was made on Lilborn W. Boggs. Filed. Ladies retired.//10 1/2 [A.M.] Repaired to the Senate Lobby had conversation with Senator Davis, Mr. Webber (Resolution lost to make up the deficit of the failure of the State Bank to public office), [and] Mayor Baker of Sangamon. Senator appears much like an African Monkey. At /one/ moment standing by one stove, the next by another on the opposite side of the chamber, setting down in every Senator's chair in his way. He never goes out of his way, for his way is every where and his nose in every man's face. Eating apples, staring at and pointing and staring at every one. Next moment in the Galery pointing the Ladies to Old Joe whom he once drilled his regiment to go against and slaughter him or give him up to Missouri. An eavesdropper, a monkey without a monkey's wit.//J[acob] B. Backenstos wishing to return to Carthage gave the names of Witnesses who dined with Joseph on the 7th day of May, [the day in question, as] James H. Ralston, J. N. Morris,/ [who] can[n]ot com[e, and] Almeron/ Wheat.//Rep[rentative] Geo[rge] C. Dixon at the /Mrs. Eno's/ brick Hotel. Several Senators came and conversed with Joseph /viz. Chief Justice Wilson of Illinois court/.//A discussion arose in the Senate on the propriety of Taxing the rich for repair of Roads. [Senator] Davis spoke in faver. Bill laid on the Table till 4 July. Repaired 12 A.M. to Senator Davis' private room. Mr. Nye called. Dined at the American opposite Judge Pope and Brown. As we arose from the table Judge Brown invited Joseph to his room. I [Joseph] Told him [I knew] he was about publishing a history of Illinois and wished him {page 38) to [allow me to] furnish a history of the rise and faith of the Church of Latter Day Saints to add to his history. 1 1/2 [P.M.] returned to Jud[g]e Adams'.//A gentleman from St. Louis told General /Law/ that the "General Impression was that Joseph was innocent and it would be a kind of murder to give him up. They thought he ought to be whipt alittle and let go." It is evident that prejudice is giving way and good feeling is gaining ascendency in the public mind.//4 o'clock Esq[ui]r[e] Lamborn [the] state's attorney [general], the marshall, and some 1/2 dozen others called. The Marshall said it was the first time in his administration that the Ladies had attended court on trial.//Mr. McCoy of Missouri told the Marshall that he tried to pacify the people and keep the peace. It was false, he headed a co[mpany] and was a leader in the mob.//Esq[ui]r[e] Lamborn remarked "Mr. Smith is a very good looking, jovial man." "Examine his head," said Laconly, "I think he is not particuarly given to burglary, rape, and Murder."//Esq[ui]r[e] Lindsay had much conversation. Marshall was very Jovial and pleasant. A peculiarly pleasant and conciliatory feeling pervailed through the company and the Marshall invited Joseph to a family dinner when he was freed.//5 o'clock went to Mr. W[illia]m Sollar's. Mr. Bridewood visited in the eve. Elder Hyde was present and after Supper asked, "What is the situation of the Negro?" [Joseph replied,] "They come into the world slaves, mentally and physically. Change their situation with the white and they would be like them. They have souls and are subjects of salvation. Go into Cincinati and find one educated [and who] rid[els in his carriage. He has risen by the power of his mind to his exalted state of respectability. Slaves in Washington [are] more refined than the president. Boys will take the shine off those they brush and wait on."//Says Elder Hyde, "Put them on the [same] level and they will rise above me." Joseph [said], "If I raised you to be my equal and then attempt to oppress you would you not be indignant and try to rise above me? Did not Oliver Cowdery and Peter Whitmer and many others say I was fallen and they were capable of Leading the people. Had I any thing to do with the Negro I would confine them by strict Laws to their own Species [and] put them on a national Equalization.//"Because faith is wanting the fruits [of faith] are not [evident]. No man since the world was, ever had faith without having something along with it. The ancients quen[c]hed the violence of [nature and] escaped the edged of the sword. Women received their Dead &c. By faith the worlds were made. A man who has none of the gifts has no faith. He deceives himself if he supposes it. Faith has been wanting not only among the brethren but professed Christendom also, that Tongues and healings and prophecy and prophets and apostles and all these gifts and blessings have been wanting." Joseph spoke at great length and edification to the little co[mpany].///Objections being made to the Prophet's [lack of] meekness/ "I am meek and lowly in heart. I will personify Jesus for a moment to illustrate and [for] you inquirers. 'Wo unto you ye Doctors. Wo unto you ye scribes, pharisees, and Hypocrit[e]s.'//''You cannot find the place where I ever went that I found fault with their food, their drink, their board, or their Lodging. No never. This is what is meant by the meekness and Lowliness of Jesus."//Mr. Sollars stated that James Mullone, carpenter, of Springfield told him he had been to Nauvoo and seen Joe Smith the Prophet. He had a grey horse and I [Mullone] asked him where he got it and the Prophet said, "you see that white cloud?" "Yes." "Well as it came along I got the horse from that cloud." Joseph replied, "It was a lie. I never told him so."///In reference to preparing Generally/, what is it inspires with a hope of Salvation? It is that smooth sophisticated influence of the Devil by which he deceives the whole world. Mr. Sollars says, "May I not Repent and be baptized and not pay any attention to dreams and visions &c?" Joseph said, "Suppose I am Travelling and I am hungry and meet a man and tell him I am hungry. He tells me to go yonder, there is a house for Entertainment, go knock, and you must conform to all the rules of the house or you cannot satisfy your hunger. Knock, call for food and set down and eat, and I go and knock and ask for food and set down to the table but do not eat shall I satisfy my hunger? No! I must eat. The Gifts are the food. The graces of the spirit are the Gifts of the spirit."//Joseph [said], ''When I first commenced this work and had got 2 or 3 individuals to believe I went about 30 miles with Oliver Cowdery, one horse between us, to see them. When we arrived, a mob of a hundred come upon us before we had time to eat, and chased us all night and we arrived back again about 60 miles in all, and without food, a little after Day light. I have often travelled all night to see the brethren and often been turned away without food."//Evening closed by singing and prayer per El[der] Hyde. Posted the bed on the floor [for] Joseph, Orson, [and] Willard.//Tuesday, 3d January 1843 8 [A.M.] Called after breakfast on Sister Crane and blessed the boy. Joseph Smith returned to Judge Adams. Present Mr. Trobridge, Mr. Beers, Mr. Jonas, and Esqu[i]r[e] Browning. [We] conversed on the old Missouri case. /Esqu[i]r[e] Browning expressed the best of feeling///9 1/2 [A.M.] Repaired to court Room. Present Mr. Butterfield, Owen, Pope, Prentice. Mr. Prentice told a very interesting story concerning Bro[ther] Eddy's debate with Mr. Slocum the Presbyterian Priest on the Steam boat "Nonpariel" in August last. Present at that time [were] Rev. Mr. Wells and McCoy. Affidavits prepared during the P.M. Joseph at Judge Adams'.//At Dusk the Marshall, Mr. Prentice, called with subpoeneas and sat some time and retold the story about Rev. Mr. Slocum &c. After he retired Joseph prophecied in the name of the Lord that no very formidable opposition would be raised at the trial on the morrow.//Evening spent in a very social manner. The most harmonious feeling prevailed. Closed by Singing and Prayer by Elder Hyde. Joseph Lodged on the soffa as he has every night but one since he has been in Springfield.//Mr. Butterfield wrote drafts of Affidavits. 12 retired to Judge Adams. *
-- Jan 3, 1843
Springfield, Illinois. While in Springfield awaiting trial, Joseph Smith called upon Sister Crane and blessed her baby, Joseph Smith Crane. (6)
Footnotes:
1 - The Parallel Joseph, http://www.boap.org/LDS/Parallel/
2 - This Day in Mormon History, http://www.advent-adam.com/jakestand.html
3 - Wilford Woodruff's Journal: 1833-1898 Typescript, Volumes 1-9, Edited by Scott G. Kenney, Signature Books 1993
4 - Minutes of the High Council of the Church of Jesus Christ of Nauvoo Illinois: Nauvoo Hancock County Illinois
5 - http://www.xtimeline.com/events.aspx?q=Bif200802111550260291166
6 - BYU Studies Journal, volume 46, no. 4: A Chronology of the Life of Joseph Smith
* Faulring, Scott (ed.), An American Prophet's Record: The Diaries and Journals of Joseph Smith: Joseph Smith Diary, 1842-43
LDS History Timeline
About this site: http://bit.ly/mohist
1843
Apparently the computer program that sends these out restarted 1842, rather than moving on to 1843. I've corrected this. Apologies for any confusion.
Mormon History, 1842
-- 1842
William Smith: Implicated in stake high council testimony 1842 as John C Bennett 's accomplice in seducing women, no action taken (1)
William Smith: Mason 1842, Nauvoo lodge (1)
William Smith: Unsuccessful candidate for Hancock County school commissioner 1842 (1)
Footnotes:
1 - Quinn, D. Michael, The Mormon Hierarchy: Origins of Power, Appendix 6, Biographical Sketches of General Officers of the Church of Jesus Christ of Latter-day Saints, 1830-47
LDS History Timeline
About this site: http://bit.ly/mohist
William Smith: Implicated in stake high council testimony 1842 as John C Bennett 's accomplice in seducing women, no action taken (1)
William Smith: Mason 1842, Nauvoo lodge (1)
William Smith: Unsuccessful candidate for Hancock County school commissioner 1842 (1)
Footnotes:
1 - Quinn, D. Michael, The Mormon Hierarchy: Origins of Power, Appendix 6, Biographical Sketches of General Officers of the Church of Jesus Christ of Latter-day Saints, 1830-47
LDS History Timeline
About this site: http://bit.ly/mohist
Mormon History, 1842
-- 1842
John Taylor: Mason 1842, Nauvoo lodge (1)
John Taylor: Mason 1842, Nauvoo lodge (1)
Joseph Smith Jr.: Declared bankruptcy 1842 (1)
Joseph Smith Jr.: Mason 1842, Nauvoo lodge (1)
Joseph Smith Jr.: Missouri governor offered $300 bounty for Joseph Smith Jr. s arrest, to which Illinois governor added a $200 bounty 1842 (1)
Joseph Smith Jr.: Received one vote each for Illinois governor and for Hancock County coroner and school commissioner 1842 (1)
Josiah Butterfield: Mason 1842, Nauvoo's lodge (1)
Levi W Hancock: Mason 1842, Nauvoo lodge (1)
Lyman E Johnson: Mason 1842, Nauvoo lodge (1)
Newel K Whitney: Performed plural marriage in violation of Illinois law 1842 (1)
Newel K Whitney: Treasurer, Nauvoo Masonic Lodge, standing Committee of Investigation (1842-[45]) (1)
Orson Hyde: Mason 1842, Nauvoo lodge (1)
Orson Pratt: Withdrew as candidate for Illinois legislature 1842 (1)
Roger Orton: Declared legal bankruptcy 1842 (1)
Sidney Rigdon: Mason 1842, Nauvoo lodge (1)
Sidney Rigdon: Unsuccessful candidate for Illinois state senate 1842 (1)
Sidney Rigdon: Voluntarily declared bankruptcy 1842 (1)
Thomas B Marsh: Apparently visited church headquarters in Nauvoo 1842 (1)
Vinson Knight: Married polygamously 1842 in violation of Illinois law (1)
Vinson Knight: Mason 1842, Nauvoo lodge (1)
Vinson Knight: Voluntarily declared bankruptcy 1842 (1)
Wilford Woodruff: Mason 1842, Nauvoo lodge (1)
Willard Richards: Mason 1842, Nauvoo lodge (1)
Willard Richards: Mission 1842 (1)
William Law: Mason 1842, Nauvoo lodge (1)
Footnotes:
1 - Quinn, D. Michael, The Mormon Hierarchy: Origins of Power, Appendix 6, Biographical Sketches of General Officers of the Church of Jesus Christ of Latter-day Saints, 1830-47
LDS History Timeline
About this site: http://bit.ly/mohist
Mormon History, 1842-45
-- 1842-45
Heber C Kimball: Junior Deacon and chair of the Committee of Investigation, Masonic Lodge, Nauvoo (1842-45) (1)
Heber C Kimball: Junior Deacon and chair of the Committee of Investigation, Masonic Lodge, Nauvoo (1842-45) (1)
Newel K Whitney: Anointed Quorum (1842-45) (1)
Roger Orton: Probably a Mason 1842-45 at the Mormon lodge in Montrose, Iowa (1)
Willard Richards: Anointed Quorum (1842-45) (1)
Willard Richards: Nauvoo Legion assistant chaplain (1841-42) and major (1842-45) (1)
-- 1842-46
Brigham Young: Married polygamously forty times (1842-46) in violation of Illinois law (1)
Heber C Kimball: Married polygamously 33 times (1842-46) in violation of Illinois law (1)
-- 1842-54
Willard Richards: Church Recorder (1841-54) and Historian (1842-54) (1)
-- 1842
Albert P Rockwood: Mason 1842, Nauvoo lodge (1)
Amasa M Lyman: Mason 1842, Nauvoo lodge (1)
Brigham Young: Mason 1842, Nauvoo's lodge (1)
Ezra T Benson: Mason 1842, Nauvoo lodge (1)
George A Smith: Mason 1842, Nauvoo lodge (1)
Heber C Kimball: Patriarchal blessing promised 1842 he would be in First Presidency (1)
Hyrum Smith: Secretly commissioned someone 1842 to! spy on Joseph Smith Jr. and other suspected polygamists (1)
Hyrum Smith: Voluntarily declared bankruptcy 1842 (1)
John C Bennett: Secretary of Nauvoo Masonic Lodge and standing Committee of Investigation 1842 (1)
John C Bennett: Unsuccessful candidate 1842 for Illinois Lt.-Governor and Hancock County coroner (1)
John C Gaylord: Mason 1842, Nauvoo's lodge (1)
John E Page: Mason 1842, Nauvoo lodge (1)
John F Boynton: Obstructed justice by preventing Joseph Smith Jr. 's arrest 1842 (1)
John F Boynton: Visited Joseph Smith Jr. at Nauvoo 1842, and helped protect him from arrest (1)
John Smith: Treasurer pro tempore, Nauvoo Masonic Lodge 1842 (1)
Footnotes:
1 - Quinn, D. Michael, The Mormon Hierarchy: Origins of Power, Appendix 6, Biographical Sketches of General Officers of the Church of Jesus Christ of Latter-day Saints, 1830-47
LDS History Timeline
About this site: http://bit.ly/mohist
Mormon History, 1842-43
-- During 1842-43
Albert P Rockwood: Nauvoo's "Night Watch" (1842-43) (1)
Albert P Rockwood: Nauvoo's "Night Watch" (1842-43) (1)
Ezra T Benson: Mission (1842-43) (1)
George A Smith: Nauvoo City Council (1842-43) (1)
Heber C Kimball: Mission (1842-43) (1)
Heber C Kimball: Nauvoo City Auctioneer (1842-43) (1)
William Smith: Illinois State Legislature (1842-43) (1)
William Smith: Nauvoo City Council (1842-43) (1)
-- During 1842-44
Hyrum Smith: Anointed Quorum (1842-44) (1)
Hyrum Smith: Senior Warden pro tempore, Nauvoo Masonic Lodge (1842-44) (1)
Hyrum Smith: Vice-Mayor of Nauvoo (1842-44) (1)
Hyrum Smith: Worshipful Master, standing Committee of Claims, Nauvoo Masonic Lodge (1842-44) (1)
John Gould: Probably a Mason 1842-44 at one of the smaller Mormon lodges at Nauvoo and Montrose, Iowa (1)
John Smith: Branch president (1842-44) (1)
Joseph Smith Jr.: Anointed Quorum (1842-44) (1)
Joseph Smith Jr.: Nauvoo Vice-Mayor! (1842-42), Mayor and Chief Justice of Municipal Court (1842-44) (1)
Joseph Smith Jr.: Registrar of Deeds at Nauvoo (1842-44) (1)
Joseph Young: Nauvoo City Council pro-tem (1842-44) (1)
Salmon Gee: Probably a Mason 1842-44 at one of the smaller Mormon lodges in Nauvoo or in Montrose, Iowa (1)
Zebedee Coltrin: Probably a Mason, 1842-44, in one of the smaller Mormon lodges in Nauvoo and or Montrose, Iowa (1)
-- During 1842-45
Brigham Young: Anointed Quorum (1842-45) (1)
Heber C Kimball: Anointed Quorum (1842-45) (1)
Footnotes:
1 - Quinn, D. Michael, The Mormon Hierarchy: Origins of Power, Appendix 6, Biographical Sketches of General Officers of the Church of Jesus Christ of Latter-day Saints, 1830-47
LDS History Timeline
About this site: http://bit.ly/mohist
Mormon History, 1842
-- During 1842
[Polygamy] Sally A. Fuller age ?. (1)
[Polygamy] Sally A. Fuller age ?. (1)
[Polygamy] Sarah Ann Whitney Jul. 27, age 17, Daughter of Newel and Elizabeth Whitney. Joseph C. Kingsbury said he was "well aware" of this marriage.^ William Clayton listed her as one of Smith's wives married during the early May 1843 period.^ (1)
[Polygamy] Sarah Bapson age yes. (1)
[Polygamy] Sylvia Porter Sessions Lyon Feb. 8, age 23, already married.
"Just prior to my mothers death in 1882 she called me to her bedside to tell me something which she had kept as an entire secret from me and from all others but which she now desired to communicate to me. She then told me that I was the daughter of the Prophet Joseph Smith." (Newell & Avery 1994, pp. 44, Compton 1997, pp. 183)
(9 April 1818 in Lima, New York 17 December 1913 in Minersville, Utah) Claimed that Smith had a private conversation with her in 1831 when she was twelve years old,^^
Mary Elizabeth Rollins Lightner Jan. 17, 1842 23 yes yes yes Married [At age 12 in 1831 ], [Smith] told me about his great vision concerning me. He said I was the first woman God commanded him to take as a plural wife. In 1834 he was commanded to take me for a Wife [In 1842 I] went forward and was sealed to him. Brigham Young performed the sealing for time, and all Eternity. I did just as Joseph told me to do[.] (1)
Founded as the Female Relief Society of Nauvoo in 1842, the organization has operated as a charitable, educational, and religious sisterhood for most of the 150 years since its establishment under the direction of Latter-day Saint prophet Joseph Smith. (2)
Robert D Foster: Traveled to New York City with wife 1842, arriving 30 August. (3)
[Temple] Two months after his initiation into Freemasonry, Joseph Smith administers the first endowments on the upper floor of his Nauvoo store. The rite consists of washing, anointing, clothing in the garment, and instruction in the signs, tokens, and keywords of the holy priesthood. (4)
Willard Richards: Mission to New England 1842. (3)
Zebedee Coltrin: Returned to Nauvoo by 1842. (3)
-- During 1842 or 1843
[Polygamy] Nancy Mariah Winchester age 14, Daughter of Stephen Winchester Sr. of Vershire, Vermont, who was a member of the Danite militia and the Quorum of the Seventy, and his wife Nancy Case of Argyle, N.Y. Anderson and Faulring write that this claim is based on "unsupported information".^ (1)
-- During 1842, 1844, 1845
Oliver Cowdery: Delegate to county Democratic conventions (1842, 1844, 1845) (5)
-- During 1842-1843
[Periodicals] The Wasp; William Smith Nauvoo, Illinois (News Paper) (6)
-- During 1842-1844
* William Clayton -- primary scribal author for this period. Writings used in assembling The History of the Church (often cited as HC) (originally entitled History of Joseph Smith; first published under the title History of the Church of Jesus Christ of Latter-day Saints; nicknamed Documentary History of the Church or DHC) (7)
Footnotes:
1 - Wikipedia, List of the Wives of Joseph Smith, Jr., http://en.wikipedia.org/wiki/List_of_the_wives_of_Joseph_Smith,_Jr.
2 - Utah History Encyclopedia: Relief Society, http://www.media.utah.edu/UHE/r/RELIEFSOCIETY.html
3 - Cook, Lyndon W., The Revelations of the Prophet Joseph Smith: A Historical and Biographical Commentary of the Doctrine and Covenants, Seventy's Mission Bookstore, Provo UT, 1985
4 - Duffy, John Charles, http://www.ldsendowment.org/timeline.html
5 - Quinn, D. Michael, The Mormon Hierarchy: Origins of Power, Appendix 6, Biographical Sketches of General Officers of the Church of Jesus Christ of Latter-day Saints, 1830-47
6 - Ludlow, Daniel H. editor, Encyclopedia of Mormonism, Vol.4, Appendix 3: Church Periodicals
7 - Wikipedia, History of the Church, http://en.wikipedia.org/wiki/History_of_the_Church
LDS History Timeline
About this site: http://bit.ly/mohist
Mormon History, 1842
-- During 1842
George Miller: Mission to pineries in Wisconsin to cut timber for Nauvoo House and Temple 1842-43. (1)
George Miller: Mission to pineries in Wisconsin to cut timber for Nauvoo House and Temple 1842-43. (1)
Heber Chase Kimball: Mission in Illinois September-November 1842. Three children: Adelbert Henry, Sarah H. and Heber. (1)
[Homosexuality] John C. Bennett, Assistant Counselor to the First Presidency, is disfellowshipped and later excommunicated for "adultery, fornication, and ... Buggery" (Buggery is a term that was used in the early 19th century to refer to homosexual intercourse). (2)
Isaac Galland: Resided in Keokuk, Iowa, 1842-53. (1)
Isaac Galland: Withdrew from Church activity 1842. (1)
John Cook Bennett: Published The History of the Saints; or, An Expose of Joe Smith and Mormonism (Boston: Leland & Whiting, 1842). Lectured against Church after excommunication. Associated with James J. Strang after Prophets death. (1)
[John Taylor] Appointed by Joseph Smith to edit the Times and Seasons, a Church publication. Also edits the Wasp (1842-43) and then its successor, the Nauvoo Neighbor (1843-45), both Nauvoo newspapers. (3)
[John Taylor] Chosen to be a member of the Nauvoo City Council, a regent of the University of Nauvoo, and Judge-Advocate in the Nauvoo Legion. (3)
The Illinois legislature considers revoking Nauvoo's charter, but fails to act. Joseph Smith petitions the federal congress to make Nauvoo a territory. His petition is denied. (4)
Lyman Eugene Johnson: Located in Iowa by 1842. Practiced law in Davenport and Keokuk. (1)
[Oregon Trail] Dr. Elijah White's party of 200 is known for resulting in many of the guidebooks that would be used by later emigrants. The journals of Medorem Crawford and Asa Lovejoy and the narratives of John C. Fremont contain useful information; the guidebook of Lansford Hastings contains fatal misinformation. White, Crawford, Lovejoy, Fremont, and Hastings would all later find their ways back to the United States and guide other outbound emigrant parties. (5)
[Orin Porter Rockwell] In 1842 Rockwell was accused of the attempted assassination of Boggs, the man who had ordered the expulsion of the Mormons four years earlier. Boggs survived the shooting, and after months in Missouri jails Rockwell was freed when no indictment was brought against him. (6)
[Polygamy] Heber C. Kimball polygamous marriage to Sarah Peak (Noon) (7)
[Polygamy] Reynolds Cahoon polygamous marriage to Lucina Roberts (7)
[Polygamy] Agnes Moulton Coolbrith Jan. 6, age 33, Widow of Smith's brother Don Carlos. (1808 1876) She had been married to Don Carlos Smith, Joseph's younger brother. After Don Carlos died in 1841 , Coolbrith married Joseph in 1842 .^ Coolbrith was the mother of Ina Coolbrith, who became the first poet laureate of California.
Daughter of David Sessions and Patty Bartlett Sessions, who married Joseph Smith one month after her daughter's marriage to him. On her deathbed, Sylvia informed her daughter Josephine Lyons that she was Smith's daughter: (8)
[Polygamy] Eliza Roxcy Snow Jun. 29, age 38, Sister of Lorenzo Snow. Organized a petition in Summer 1842 , with a thousand female signatures, denying Smith a polygamist.^ As Secretary of the Ladies' Relief Society published a certificate in October 1842 denouncing polygamy.^ William Clayton said Smith told him in February 1843 that Snow was one of his plural wives.^ She was married to Brigham Young from 1844 until his death in 1877. (8)
Footnotes:
1 - Cook, Lyndon W., The Revelations of the Prophet Joseph Smith: A Historical and Biographical Commentary of the Doctrine and Covenants, Seventy's Mission Bookstore, Provo UT, 1985
2 - LDS Gay History Timeline [Unabridged], http://mormoninthecloset.blogspot.com/2008/11/lds-gay-history-timeline-unabridged.html
3 - Church of Jesus Christ of Latter-day Saints, Teachings of Presidents of the Church: John Taylor, Salt Lake City, Utah
4 - Wikipedia, Joseph Smith Chronology, http://en.wikipedia.org/wiki/Chronology_of_Joseph_Smith,_Jr.
5 - Clackamas Heritage Partners, http://www.historicoregoncity.org/HOC/index.php?option=com_contentview=articleid=107Itemid=75
6 - Utah History Encyclopedia: Orin Porter Rockwell, http://www.media.utah.edu/UHE/r/ROCKWELL%2CORIN.html
7 - Smith, George D (Spring 1994), "Nauvoo Roots of Mormon Polygamy, 1841-46: A Preliminary Demographic Report", Dialogue: A Journal of Mormon Thought 27
8 - Wikipedia, List of the Wives of Joseph Smith, Jr., http://en.wikipedia.org/wiki/List_of_the_wives_of_Joseph_Smith,_Jr.
LDS History Timeline
About this site: http://bit.ly/mohist
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