-- 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
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