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  2. Documents, Volume 13, Part 5 Introduction: December 1843

Part 5: December 1843

In December 1843, tensions between the
Latter-day Saints

The Book of Mormon related that when Christ set up his church in the Americas, “they which were baptized in the name of Jesus, were called the church of Christ.” The first name used to denote the church JS organized on 6 April 1830 was “the Church of Christ...

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and their neighbors in
Hancock County

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

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, Illinois, came to a head, resulting in a period of significant anxiety for JS and other church members. In November and early December, threats of violence and vigilantism materialized in the form of the kidnapping of a church member and his son by opponents in
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

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and
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

More Info
. JS was involved in the creation of dozens of letters, legal documents, city ordinances, and military orders that responded to the kidnappings and the threat they presented to the Latter-day Saints.
In November 1843, Mark Childs, the son of a church member living in
Lee County

First permanent settlement established, 1820. Organized 1837. Population in 1838 about 2,800; in 1840 about 6,100; in 1844 about 9,800; and in 1846 about 13,000. Following expulsion from Missouri, 1838–1839, many Saints found refuge in eastern Iowa Territory...

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, Iowa Territory, was accused of stealing a mare and a colt from
Joseph McCoy

6 June 1794–26 Nov. 1870. Soldier, farmer, county treasurer. Born in Bourbon Co., Kentucky. Served in War of 1812. Married first Mary Ann Lewis, 4 Mar. 1816, in Fayette Co., Kentucky. Purchased land in Pike Co., Missouri Territory, 5 Aug. 1819. Moved to Clark...

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in Clark County, Missouri. Childs was subsequently arrested. In an effort to deflect blame from himself, Childs accused Latter-day Saint
Daniel Avery

1 July 1797–16 Oct. 1851. Farmer, carpenter. Born in Oswego Co., New York. Son of Daniel Avery and Sarah. Moved to Franklin Co., Ohio, by 1821. Married Margaret Adams, 4 Jan. 1821, in Franklin Co. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry...

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and his son
Philander Avery

13 June 1822 or 1823–9 May 1907. Farmer. Born in Franklin Co., Ohio. Son of Daniel Avery and Margaret Adams. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry, Franklin Co., by June 1830; to Colwell, Schuyler Co., Illinois, 1832; to Rushville, Schuyler...

View Full Bio
of stealing the horses.
1

Child, Autobiography and Personal Papers, 2–3, 7; Philander Avery, Affidavit, Nauvoo, IL, 20 Dec. 1843, JS Office Papers, CHL; John Dedman, Mittimus, [Clark Co., MO], 13 Nov. 1843, State of Missouri v. Philander Avery [Clark Co. Cir. Ct. 1843], Clark County Circuit Clerk’s Office, Clark County Courthouse, Kahoka, MO. While documents produced by the United States government and Latter-day Saints identified him as Mark Childs, Iowa Territory legal records record his surname as “Child” and Missouri legal documents have “Chiles.” (Registers of Enlistments in the United States Army, vol. 44, p. 43; Philander Avery, Affidavit, Nauvoo, IL, 20 Dec. 1843, JS Office Papers, CHL; Docket Entry, 23 May 1844, United States v. Richardson and Child [Lee Co. Dist. Ct. 1844], Lee Co., Iowa Territory, District Court Records, 1837–1993, vol. 3, p. 472, microfilm 1,927,404, U.S. and Canada Record Collection, FHL; Philander Avery, Testimony, [Clark Co., MO], 13 Nov. 1843; John Dedman, Mittimus, [Clark Co., MO], 13 Nov. 1843, State of Missouri v. Philander Avery [Clark Co. Cir. Ct. 1843], Clark County Circuit Clerk’s Office, Clark County Courthouse, Kahoka, MO.)


Comprehensive Works Cited

Child, Warren G. Autobiography and Personal Papers, ca. 1872–1905. Warren G. Child.

Clark County Circuit Clerk’s Office, Clark County Courthouse. Kahoka, MO.

Registers of Enlistments in the United States Army, 1798–1914. National Archives Microfilm Publications, microcopy M233, reel 21. Washington DC: National Archives and Records Service, 1956.

U.S. and Canada Record Collection. FHL.

For several months, the Anti-Mormon Party in
Hancock

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

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and surrounding counties had claimed that it was willing to assist in any attempt to extradite JS to
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

More Info
or otherwise put a halt to supposed criminal deeds by church members and that it would do so “at all hazards, and under all circumstances.”
2

“Great Meeting of Anti-Mormons!,” Warsaw (IL) Message, 13 Sept. 1843, [1]–[2].


Comprehensive Works Cited

Warsaw Message. Warsaw, IL. 1843–1844.

After accusations were leveled at Daniel and Philander Avery, members of the Anti-Mormon Party apparently decided to act on these earlier threats and take the men illegally to Missouri.
Shortly after Childs gave his testimony,
Ebenezer Richardson

7 Aug. 1815–20 Sept. 1874 Farmer. Born in Dryden, Cayuga Co., New York. Son of Josiah Richardson and Lowly Foote. Married Angeline King, 1833. Moved to Greenwood, Steuben Co., New York, by 24 Aug. 1834. Baptized into Church of Jesus Christ of Latter-day Saints...

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, one of his associates, went to
Hancock County

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
to work with Anti-Mormon Party members to orchestrate the kidnappings.
3

Several months after Childs escaped the horse theft charges in Clark County, he and Richardson were caught with stolen property in Lee County, Iowa Territory. The two men were arrested and charged with burglary, but they both fled the territory after posting bail. (Docket Entry, 23 May 1844, United States v. Richardson and Child [Lee Co. Dist. Ct. 1844], Lee Co., Iowa Territory, District Court Record, vol. 3, p. 472; Docket Entry, 25 May 1844, United States v. Richardson and Child [Lee Co. Dist. Ct. 1844], Lee Co., Iowa Territory, District Court Record, vol. 3, p. 488; Docket Entry, 21 Oct. 1845, United States v. Richardson and Child [Lee Co. Dist. Ct. 1845], Lee Co., Iowa Territory, District Court Records, 1837–1993, vol. 4, p. 150, microfilm 1,927,404, U.S. and Canada Record Collection, FHL.)


Comprehensive Works Cited

U.S. and Canada Record Collection. FHL.

On 12 November, Richardson persuaded
Philander Avery

13 June 1822 or 1823–9 May 1907. Farmer. Born in Franklin Co., Ohio. Son of Daniel Avery and Margaret Adams. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry, Franklin Co., by June 1830; to Colwell, Schuyler Co., Illinois, 1832; to Rushville, Schuyler...

View Full Bio
to accompany him to the
Mississippi River

Principal U.S. river running southward from Itasca Lake, Minnesota, to Gulf of Mexico. Covered 3,160-mile course, 1839 (now about 2,350 miles). Drains about 1,100,000 square miles. Steamboat travel on Mississippi very important in 1830s and 1840s for shipping...

More Info
.
4

Although documents subsequently created by Latter-day Saints and others in Nauvoo stated that Philander Avery was kidnapped on Sunday, 19 November, legal documents from Clark County indicate that Avery was taken by 13 November, which suggests that the kidnapping took place on Sunday, 12 November. (Affidavit from Dellmore Chapman and Letter to Thomas Ford, 6 Dec. 1843; JS, Journal, 6 Dec. 1843; Philander Avery, Affidavit, Nauvoo, IL, 20 Dec. 1843, JS Office Papers, CHL; Philander Avery, Testimony, [Clark Co., MO], 13 Nov. 1843; John Dedman, Mittimus, [Clark Co., MO], 13 Nov. 1843, State of Missouri v. Philander Avery [Clark Co. Cir. Ct. 1843], Clark County Circuit Clerk’s Office, Clark County Courthouse, Kahoka, MO; see also Affidavit from Daniel Avery, 28 Dec. 1843.)


Comprehensive Works Cited

Clark County Circuit Clerk’s Office, Clark County Courthouse. Kahoka, MO.

When they arrived at
Warsaw

Located at foot of Des Moines rapids of Mississippi River at site of three military forts: Fort Johnson (1814), Cantonment Davis (1815–1818), and Fort Edwards (1816–1824). First settlers participated in fur trade. Important trade and shipping center. Post...

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, Illinois, a group of Missourians, including
McCoy

6 June 1794–26 Nov. 1870. Soldier, farmer, county treasurer. Born in Bourbon Co., Kentucky. Served in War of 1812. Married first Mary Ann Lewis, 4 Mar. 1816, in Fayette Co., Kentucky. Purchased land in Pike Co., Missouri Territory, 5 Aug. 1819. Moved to Clark...

View Full Bio
, seized Avery and carried him across the river to Clark County, where Richardson took out a Bowie knife and threatened him “with death or seven years imprisonment” unless he confessed both his and his father’s involvement in the theft.
5

Philander Avery, Affidavit, Nauvoo, IL, 20 Dec. 1843, JS Office Papers, CHL.


Although Avery was apparently not a member of the church, his coerced affidavit, sworn before Clark County justice of the peace John Dedman, stated that church members
Daniel Avery

1 July 1797–16 Oct. 1851. Farmer, carpenter. Born in Oswego Co., New York. Son of Daniel Avery and Sarah. Moved to Franklin Co., Ohio, by 1821. Married Margaret Adams, 4 Jan. 1821, in Franklin Co. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry...

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,
Nelson Turner

View Full Bio

, and Jedediah Owens had convinced him that it was not a crime to steal from Missourians because of their earlier mistreatment of the Latter-day Saints. Philander Avery’s affidavit also claimed that in July 1840, he and Turner each stole a horse—as well as one of the horse’s colts—from McCoy and that he later delivered the horse and colt that he stole to his father, Daniel Avery, who sold them upriver at
Galena

County seat. Originally known as the Point; laid out and named Galena, 1826. Principal town in lead-mine country. Population in 1840 about 1,800. Population in 1845 about 4,000. Several Saints worked in mines while Nauvoo temple was being built.

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, Illinois.
6

Philander Avery, Testimony, [Clark Co., MO], 13 Nov. 1843, State of Missouri v. Philander Avery [Clark Co. Cir. Ct. 1843], Clark County Circuit Clerk’s Office, Clark County Courthouse, Kahoka, MO. The prosecution of Philander Avery and Daniel Avery was against Missouri law, not only because they were kidnapped but also because the statute of limitations was three years for all felonies not mandating a punishment of death or life imprisonment—a fact that Latter-day Saints used to attack the proceedings against Daniel Avery. Perhaps aware of this technicality, the indictment procured from the Clark County grand jury against Daniel Avery changed the date of the alleged theft from July 1840 to January 1843. (An Act to Regulate Proceedings in Criminal Cases [21 Mar. 1835], Revised Statutes of the State of Missouri [1835], p. 502, art. 9, secs. 23–24; William W. Phelps, Nauvoo, IL, to J. White, Waterloo, MO, 21 Dec. 1843, JS Office Papers, CHL; Indictment, [Clark Co., MO, 23 Dec. 1843], State of Missouri v. Daniel Avery [Clark Co. Cir. Ct. 1843], Clark County Circuit Clerk’s Office, Clark County Courthouse, Kahoka, MO.)


Comprehensive Works Cited

Clark County Circuit Clerk’s Office, Clark County Courthouse. Kahoka, MO.

The Revised Statutes of the State of Missouri, Revised and Digested by the Eighth General Assembly during the Years One Thousand Eight Hundred and Thirty-Four, and One Thousand Eight Hundred and Thirty-Five. . . . St. Louis: Argus Office, 1835.

After certifying Philander Avery’s confession, Justice Dedman sent him to prison to await the next circuit court session, which was scheduled for late December.
7

John Dedman, Mittimus, [Clark Co., MO], 13 Nov. 1843, State of Missouri v. Philander Avery [Clark Co. Cir. Ct. 1843], Clark County Circuit Clerk’s Office, Clark County Courthouse, Kahoka, MO; An Act to Fix the Time of Holding Circuit Courts [24 Feb. 1843], Laws of the State of Missouri [1842–1843], p. 51, sec. 4.


Comprehensive Works Cited

Clark County Circuit Clerk’s Office, Clark County Courthouse. Kahoka, MO.

Laws of the State of Missouri, Passed at the First Session of the Twelfth General Assembly, Begun and Held at the City of Jefferson, on Monday, the Twenty-First Day of November, Eighteen Hundred and Forty-Two, and Ended Tuesday, the Twenty-Eighth Day of February, Eighteen Hundred and Forty-Three. Jefferson City, MO: Allen Hammond, 1843.

On 2 December, nearly three weeks after
Philander Avery

13 June 1822 or 1823–9 May 1907. Farmer. Born in Franklin Co., Ohio. Son of Daniel Avery and Margaret Adams. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry, Franklin Co., by June 1830; to Colwell, Schuyler Co., Illinois, 1832; to Rushville, Schuyler...

View Full Bio
’s kidnapping,
Hancock County

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
militia colonel
Levi Williams

18 Apr. 1794–27 Nov. 1860. Postmaster, farmer, military officer. Born in Madison Co., Kentucky. Married Mary (Polly) Reid. Moved to Hancock Co., Illinois, ca. 1831, eventually settling in Green Plains. Served in Black Hawk War, 1832. Served as captain in ...

View Full Bio
led an armed mob composed of people from
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

More Info
and
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

More Info
to Vernon Doty’s mill in southern Hancock County. There the men seized
Daniel Avery

1 July 1797–16 Oct. 1851. Farmer, carpenter. Born in Oswego Co., New York. Son of Daniel Avery and Sarah. Moved to Franklin Co., Ohio, by 1821. Married Margaret Adams, 4 Jan. 1821, in Franklin Co. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry...

View Full Bio
and forced him to cross the
Mississippi River

Principal U.S. river running southward from Itasca Lake, Minnesota, to Gulf of Mexico. Covered 3,160-mile course, 1839 (now about 2,350 miles). Drains about 1,100,000 square miles. Steamboat travel on Mississippi very important in 1830s and 1840s for shipping...

More Info
into Clark County, despite his demands for a hearing or trial. Daniel Avery, like his son, was subjected to a hearing before Dedman and remanded to jail to await the next circuit court session.
8

Affidavit from Daniel Avery, 28 Dec. 1843.


Margaret Adams Avery

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, the wife of
Daniel Avery

1 July 1797–16 Oct. 1851. Farmer, carpenter. Born in Oswego Co., New York. Son of Daniel Avery and Sarah. Moved to Franklin Co., Ohio, by 1821. Married Margaret Adams, 4 Jan. 1821, in Franklin Co. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry...

View Full Bio
and mother of
Philander Avery

13 June 1822 or 1823–9 May 1907. Farmer. Born in Franklin Co., Ohio. Son of Daniel Avery and Margaret Adams. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry, Franklin Co., by June 1830; to Colwell, Schuyler Co., Illinois, 1832; to Rushville, Schuyler...

View Full Bio
, brought news of the kidnappings to
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

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on 5 December. Over the next several days, JS and others gained further intelligence regarding how the Averys were taken and the potential threat to other Latter-day Saints, including JS. A messenger from
St. Louis

Located on west side of Mississippi River about fifteen miles south of confluence with Missouri River. Founded as fur-trading post by French settlers, 1764. Incorporated as town, 1809. First Mississippi steamboat docked by town, 1817. Incorporated as city...

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reported that
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

More Info
’s governor was issuing a new requisition for JS’s extradition.
9

JS, Journal, 5 Dec. 1843; Affidavit from Dellmore Chapman and Letter to Thomas Ford, 6 Dec. 1843; Woodruff, Journal, 7 Dec. 1843.


Comprehensive Works Cited

Woodruff, Wilford. Journals, 1833–1898. Wilford Woodruff, Journals and Papers, 1828–1898. CHL. MS 1352.

Although the rumor proved incorrect, JS wrote to
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

More Info
governor
Thomas Ford

5 Dec. 1800–3 Nov. 1850. Schoolteacher, newspaperman, lawyer, politician, judge, author. Born in Uniontown, Fayette Co., Pennsylvania. Son of Robert Ford and Elizabeth Logue Forquer. Moved to St. Louis, 1804; to New Design (later American Bottom), Randolph...

View Full Bio
to inform him of these developments and request instructions for how to respond.
10

Affidavit from Dellmore Chapman and Letter to Thomas Ford, 6 Dec. 1843.


In the meantime, JS and other civic leaders began preparing to protect and defend JS and other Nauvoo residents. On 8 December, the Nauvoo City Council passed an ordinance explicitly designed to protect JS from both extralegal kidnapping and legal arrest.
11

Ordinance, 8 Dec. 1843; see also Minutes, 8 Dec. 1843.


JS also issued orders to mobilize a portion of the
Nauvoo Legion

A contingent of the Illinois state militia provided for in the Nauvoo city charter. The Nauvoo Legion was organized into two cohorts: one infantry and one cavalry. Each cohort could potentially comprise several thousand men and was overseen by a brigadier...

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to defend the city’s residents.
12

Military Order to Wilson Law, 8 Dec. 1843.


In the weeks that followed, JS collected affidavits about the kidnappings and explored additional means to defend the city and its residents. These included the creation of a full-time municipal police force on 12 December and the passage of an ordinance on 21 December that required all law officers seeking to arrest or subpoena individuals in Nauvoo to submit their legal process to JS as mayor for approval.
13

Ordinance, 12 Dec. 1843–B; Ordinance, 21 Dec. 1843; see also, for example, Letter to Thomas Ford, 11 Dec. 1843.


JS’s actions during these weeks further enraged the Anti-Mormon Party in
Hancock County

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
and increased the tension in the region.
On 18 December, law officers from
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
arrested
John Elliott

Ca. 1820–3 Oct. 1862. Schoolmaster, deputy sheriff, constable, clerk, marshal. Born in Butler Co., Ohio. Lived four miles south of Warsaw, Hancock Co., Illinois, 1843, where he worked as a schoolmaster. Arrested for and later acquitted of kidnapping Daniel...

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, a participant in
Daniel Avery

1 July 1797–16 Oct. 1851. Farmer, carpenter. Born in Oswego Co., New York. Son of Daniel Avery and Sarah. Moved to Franklin Co., Ohio, by 1821. Married Margaret Adams, 4 Jan. 1821, in Franklin Co. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry...

View Full Bio
’s kidnapping, and brought him to Nauvoo for a hearing. JS also charged Elliott with threatening JS’s life, but he ultimately forgave the offense during the subsequent hearing. Elliott was bound over to answer the kidnapping accusation at the next circuit court session.
14

Historical Introduction to Complaint, 18 Dec. 1843.


During the hearings, additional evidence implicated
Williams

18 Apr. 1794–27 Nov. 1860. Postmaster, farmer, military officer. Born in Madison Co., Kentucky. Married Mary (Polly) Reid. Moved to Hancock Co., Illinois, ca. 1831, eventually settling in Green Plains. Served in Black Hawk War, 1832. Served as captain in ...

View Full Bio
in the kidnappings. A group of Nauvoo Legion troops traveled south to arrest Williams that night. However, after Elliott’s arrest, Williams had gathered a large mob to resist arrest, and the Nauvoo posse abandoned its attempt rather than risk bloodshed.
15

Historical Introduction to Petition from Aaron Johnson, 18 Dec. 1843; Historical Introduction to Military Order to Wilson Law, 18 Dec. 1843–A.


JS again mobilized a portion of the legion to defend the city from the mob threat, counseling the Saints to “hold themselves in readiness at a moments warning.” He also attempted to decrease tensions by noting that “it was best not to [go] down again at present” to attempt to arrest Williams or others. Instead, he advised the Saints to “let the mob abide there for a public disgrace, and when the mob had dispersed then our men could go down & bring Colonel Williams without trouble.”
16

Historical Introduction to Military Order to Wilson Law, 18 Dec. 1843–B; Clayton, Journal, 19 Dec. 1843.


Comprehensive Works Cited

Clayton, William. Journals, 1842–1845. CHL.

Meanwhile in
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

More Info
, the legal case against the Averys began to fall apart. When the circuit court met in Clark County in late December, a grand jury indicted
Daniel Avery

1 July 1797–16 Oct. 1851. Farmer, carpenter. Born in Oswego Co., New York. Son of Daniel Avery and Sarah. Moved to Franklin Co., Ohio, by 1821. Married Margaret Adams, 4 Jan. 1821, in Franklin Co. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry...

View Full Bio
for grand larceny but did not pursue charges against
Philander Avery

13 June 1822 or 1823–9 May 1907. Farmer. Born in Franklin Co., Ohio. Son of Daniel Avery and Margaret Adams. Moved to Worthington, Franklin Co., by Sept. 1825; to Perry, Franklin Co., by June 1830; to Colwell, Schuyler Co., Illinois, 1832; to Rushville, Schuyler...

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, who had already either escaped or been released.
17

Philander Avery returned to Nauvoo by 20 December 1843. (Indictment, [Clark Co., MO, 23 Dec. 1843], State of Missouri v. Daniel Avery [Clark Co. Cir. Ct. 1843], Clark County Circuit Clerk’s Office, Clark County Courthouse, Kahoka, MO; JS, Journal, 13 Dec. 1843; Philander Avery, Affidavit, Nauvoo, IL, 20 Dec. 1843, JS Office Papers, CHL.)


Comprehensive Works Cited

Clark County Circuit Clerk’s Office, Clark County Courthouse. Kahoka, MO.

After the indictment, Daniel Avery’s case was continued to the June 1844 circuit court session. However, after the court’s term ended, Avery obtained a writ of
habeas corpus

“Have the body”; a written order from a court of competent jurisdiction commanding anyone having a person in custody to produce such person at a certain time and place and to state the reasons why he or she is being held in custody. The court will determine...

View Glossary
from the Clark County court and was discharged on 25 December 1843 after a hearing. He arrived in
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
the next day at sundown.
18

Affidavit from Daniel Avery, 28 Dec. 1843.


Avery’s return to
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

More Info
marked the end of the immediate threat of kidnappings or extraditions to Missouri, but tensions in
Hancock County

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
remained. As the month closed, JS received reports that Williams threatened to force the Latter-day Saints to leave their settlements in southern Hancock County.
19

Affidavit from Orson Hyde, 28 Dec. 1843.


Beyond the fallout from the Avery kidnappings, JS and the Saints expanded their efforts to appeal to the federal government for redress of their
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

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losses and for additional protections throughout the month. The Saints continued to gather signatures for the memorial drafted by
John Frierson

1804–18 May 1844. U.S. surveyor, politician. Born in South Carolina. Moved to Muscatine Co., Iowa Territory, 1837. Elected to represent Muscatine, Louisa, and Slaughter counties in first Iowa territorial legislature, 1838–1839. Appointed brigadier general...

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and supported publicly by JS.
20

JS et al., Memorial to U.S. Senate and House of Representatives, 28 Nov. 1843, Record Group 46, Records of the U.S. Senate, National Archives, Washington DC; see also Minutes, 4 Dec. 1843; and Historical Introduction to Affidavit from Orson Hyde, 28 Dec. 1843.


In early December, JS published his appeal addressed to the citizens of
Vermont

Area served as early thoroughfare for traveling Indian tribes. French explored area, 1609, and erected fort on island in Lake Champlain, 1666. First settled by Massachusetts emigrants, 1724. Claimed by British colonies of New York and New Hampshire, but during...

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, in which he sought support for the Latter-day Saints’ redress campaign, as a pamphlet.
21

General Joseph Smith’s Appeal to the Green Mountain Boys, 21 Nov.–ca. 3 Dec. 1843.


The
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

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City Council also drafted a second memorial to Congress, requesting that
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
be granted the powers and rights of a federal territory to ensure the protection of its citizens.
22

Memorial to the United States Senate and House of Representatives, ca. 16 Dec. 1843–12 Feb. 1844.


In addition, JS received two letters from potential presidential candidates
John C. Calhoun

18 Mar. 1782–31 Mar. 1850. Lawyer, politician. Born near Hutchinson’s Mill, Ninety-Sixth District (later Calhoun Mill, Mount Carmel, McCormick Co.), South Carolina. Son of Patrick Calhoun and Martha Caldwell. Graduated from Yale, 1804, in New Haven, New Haven...

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and
Lewis Cass

9 Oct. 1782–17 June 1866. Teacher, lawyer, soldier, author, politician. Born in Exeter, Rockingham Co., New Hampshire. Son of Jonathan Cass and Mary Gilman. Attended Phillips Academy, 1792–1799, in Exeter, where he also taught. Teacher in Wilmington, New ...

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responding to his earlier request for information regarding their position on redress for the Latter-day Saints.
23

Letter from John C. Calhoun, 2 Dec. 1843; Letter from Lewis Cass, 9 Dec. 1843.


JS also attended to church business. A few believers and skeptics wrote to him requesting favors or additional information about the church, including
Josiah Stowell

22 Mar. 1770–12 May 1844. Farmer, sawmill owner. Born in Winchester, Cheshire Co., New Hampshire. Son of Israel Stowell and Mary Butler. Member of Presbyterian church. Moved to Jericho (later Bainbridge), Chenango Co., New York, 1791. Married Miriam Bridgeman...

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, who employed JS in 1825 in upstate
New York

Located in northeast region of U.S. Area settled by Dutch traders, 1620s; later governed by Britain, 1664–1776. Admitted to U.S. as state, 1788. Population in 1810 about 1,000,000; in 1820 about 1,400,000; in 1830 about 1,900,000; and in 1840 about 2,400,...

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and who participated in some of the events connected to the translation of the Book of Mormon.
24

Letter from Martha Lucretia Campbell, 19 Dec. 1843; Letter from Glen Hardeman, 19 Dec. 1843; Letters from Newton E. French and James H. Seymour, 27 Dec. 1843.


JS also granted a request by church members in
Macedonia

Area settled, 1826. Founded by Latter-day Saints, 1839–1840, following exodus from Missouri. Town platted, Aug. 1840. Post office established, Sept. 1840. Incorporated as Macedonia, Mar. 1843. Renamed Webster, 23 July 1847. Population in 1845 about 380. Crooked...

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, Illinois, to make his uncle
John Smith

16 July 1781–23 May 1854. Farmer. Born at Derryfield (later Manchester), Rockingham Co., New Hampshire. Son of Asael Smith and Mary Duty. Member of Congregational church. Appointed overseer of highways at Potsdam, St. Lawrence Co., New York, 1810. Married...

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a
patriarch

An ecclesiastical and priesthood office with the authority to give inspired blessings, similar to the practice of Old Testament patriarchs. JS occasionally referred to patriarchs as “evangelical ministers” or “evangelists.” Joseph Smith Sr. was ordained as...

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.
25

Letter to John Smith, 12 Dec. 1843.


During the month, JS attended seven prayer meetings in which he administered or participated in religious
ordinances

A religious rite. JS taught that ordinances were covenants between man and God, in which believers could affirm faith, gain spiritual knowledge, and seek blessings. Some ordinances were considered requisite for salvation. The manner in which ordinances were...

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planned for the
temple

Located in portion of Nauvoo known as the bluff. JS revelation dated Jan. 1841 commanded Saints to build temple and hotel (Nauvoo House). Cornerstone laid, 6 Apr. 1841. Saints volunteered labor, money, and other resources for temple construction. Construction...

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that was still under construction.
26

JS, Journal, 2–3, 9, 17, 23, and 30–31 Dec. 1843.


On 29 December 1843, JS attended a swearing-in ceremony for the newly created
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

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police force and declared victory over his opponents. After claiming that the “mob has been so repulsed they stand in fear,” JS stated that he feared “pretended friends” or “a Brutus” living in Nauvoo more than he feared his enemies abroad—remarks that set the stage for renewed opposition to JS, this time from within the church and the city, which erupted days later in January 1844.
27

Minutes and Discourse, 29 Dec. 1843.


Part five comprises thirty-three documents, including correspondence, minutes, military orders, city ordinances, legal documents, discourses, a pamphlet, and a memorial to Congress.
  1. 1

    Child, Autobiography and Personal Papers, 2–3, 7; Philander Avery, Affidavit, Nauvoo, IL, 20 Dec. 1843, JS Office Papers, CHL; John Dedman, Mittimus, [Clark Co., MO], 13 Nov. 1843, State of Missouri v. Philander Avery [Clark Co. Cir. Ct. 1843], Clark County Circuit Clerk’s Office, Clark County Courthouse, Kahoka, MO. While documents produced by the United States government and Latter-day Saints identified him as Mark Childs, Iowa Territory legal records record his surname as “Child” and Missouri legal documents have “Chiles.” (Registers of Enlistments in the United States Army, vol. 44, p. 43; Philander Avery, Affidavit, Nauvoo, IL, 20 Dec. 1843, JS Office Papers, CHL; Docket Entry, 23 May 1844, United States v. Richardson and Child [Lee Co. Dist. Ct. 1844], Lee Co., Iowa Territory, District Court Records, 1837–1993, vol. 3, p. 472, microfilm 1,927,404, U.S. and Canada Record Collection, FHL; Philander Avery, Testimony, [Clark Co., MO], 13 Nov. 1843; John Dedman, Mittimus, [Clark Co., MO], 13 Nov. 1843, State of Missouri v. Philander Avery [Clark Co. Cir. Ct. 1843], Clark County Circuit Clerk’s Office, Clark County Courthouse, Kahoka, MO.)

    Child, Warren G. Autobiography and Personal Papers, ca. 1872–1905. Warren G. Child.

    Clark County Circuit Clerk’s Office, Clark County Courthouse. Kahoka, MO.

    Registers of Enlistments in the United States Army, 1798–1914. National Archives Microfilm Publications, microcopy M233, reel 21. Washington DC: National Archives and Records Service, 1956.

    U.S. and Canada Record Collection. FHL.

  2. 2

    “Great Meeting of Anti-Mormons!,” Warsaw (IL) Message, 13 Sept. 1843, [1]–[2].

    Warsaw Message. Warsaw, IL. 1843–1844.

  3. 3

    Several months after Childs escaped the horse theft charges in Clark County, he and Richardson were caught with stolen property in Lee County, Iowa Territory. The two men were arrested and charged with burglary, but they both fled the territory after posting bail. (Docket Entry, 23 May 1844, United States v. Richardson and Child [Lee Co. Dist. Ct. 1844], Lee Co., Iowa Territory, District Court Record, vol. 3, p. 472; Docket Entry, 25 May 1844, United States v. Richardson and Child [Lee Co. Dist. Ct. 1844], Lee Co., Iowa Territory, District Court Record, vol. 3, p. 488; Docket Entry, 21 Oct. 1845, United States v. Richardson and Child [Lee Co. Dist. Ct. 1845], Lee Co., Iowa Territory, District Court Records, 1837–1993, vol. 4, p. 150, microfilm 1,927,404, U.S. and Canada Record Collection, FHL.)

    U.S. and Canada Record Collection. FHL.

  4. 4

    Although documents subsequently created by Latter-day Saints and others in Nauvoo stated that Philander Avery was kidnapped on Sunday, 19 November, legal documents from Clark County indicate that Avery was taken by 13 November, which suggests that the kidnapping took place on Sunday, 12 November. (Affidavit from Dellmore Chapman and Letter to Thomas Ford, 6 Dec. 1843; JS, Journal, 6 Dec. 1843; Philander Avery, Affidavit, Nauvoo, IL, 20 Dec. 1843, JS Office Papers, CHL; Philander Avery, Testimony, [Clark Co., MO], 13 Nov. 1843; John Dedman, Mittimus, [Clark Co., MO], 13 Nov. 1843, State of Missouri v. Philander Avery [Clark Co. Cir. Ct. 1843], Clark County Circuit Clerk’s Office, Clark County Courthouse, Kahoka, MO; see also Affidavit from Daniel Avery, 28 Dec. 1843.)

    Clark County Circuit Clerk’s Office, Clark County Courthouse. Kahoka, MO.

  5. 5

    Philander Avery, Affidavit, Nauvoo, IL, 20 Dec. 1843, JS Office Papers, CHL.

  6. 6

    Philander Avery, Testimony, [Clark Co., MO], 13 Nov. 1843, State of Missouri v. Philander Avery [Clark Co. Cir. Ct. 1843], Clark County Circuit Clerk’s Office, Clark County Courthouse, Kahoka, MO. The prosecution of Philander Avery and Daniel Avery was against Missouri law, not only because they were kidnapped but also because the statute of limitations was three years for all felonies not mandating a punishment of death or life imprisonment—a fact that Latter-day Saints used to attack the proceedings against Daniel Avery. Perhaps aware of this technicality, the indictment procured from the Clark County grand jury against Daniel Avery changed the date of the alleged theft from July 1840 to January 1843. (An Act to Regulate Proceedings in Criminal Cases [21 Mar. 1835], Revised Statutes of the State of Missouri [1835], p. 502, art. 9, secs. 23–24; William W. Phelps, Nauvoo, IL, to J. White, Waterloo, MO, 21 Dec. 1843, JS Office Papers, CHL; Indictment, [Clark Co., MO, 23 Dec. 1843], State of Missouri v. Daniel Avery [Clark Co. Cir. Ct. 1843], Clark County Circuit Clerk’s Office, Clark County Courthouse, Kahoka, MO.)

    Clark County Circuit Clerk’s Office, Clark County Courthouse. Kahoka, MO.

    The Revised Statutes of the State of Missouri, Revised and Digested by the Eighth General Assembly during the Years One Thousand Eight Hundred and Thirty-Four, and One Thousand Eight Hundred and Thirty-Five. . . . St. Louis: Argus Office, 1835.

  7. 7

    John Dedman, Mittimus, [Clark Co., MO], 13 Nov. 1843, State of Missouri v. Philander Avery [Clark Co. Cir. Ct. 1843], Clark County Circuit Clerk’s Office, Clark County Courthouse, Kahoka, MO; An Act to Fix the Time of Holding Circuit Courts [24 Feb. 1843], Laws of the State of Missouri [1842–1843], p. 51, sec. 4.

    Clark County Circuit Clerk’s Office, Clark County Courthouse. Kahoka, MO.

    Laws of the State of Missouri, Passed at the First Session of the Twelfth General Assembly, Begun and Held at the City of Jefferson, on Monday, the Twenty-First Day of November, Eighteen Hundred and Forty-Two, and Ended Tuesday, the Twenty-Eighth Day of February, Eighteen Hundred and Forty-Three. Jefferson City, MO: Allen Hammond, 1843.

  8. 8

    Affidavit from Daniel Avery, 28 Dec. 1843.

  9. 9

    JS, Journal, 5 Dec. 1843; Affidavit from Dellmore Chapman and Letter to Thomas Ford, 6 Dec. 1843; Woodruff, Journal, 7 Dec. 1843.

    Woodruff, Wilford. Journals, 1833–1898. Wilford Woodruff, Journals and Papers, 1828–1898. CHL. MS 1352.

  10. 10

    Affidavit from Dellmore Chapman and Letter to Thomas Ford, 6 Dec. 1843.

  11. 11

    Ordinance, 8 Dec. 1843; see also Minutes, 8 Dec. 1843.

  12. 12

    Military Order to Wilson Law, 8 Dec. 1843.

  13. 13

    Ordinance, 12 Dec. 1843–B; Ordinance, 21 Dec. 1843; see also, for example, Letter to Thomas Ford, 11 Dec. 1843.

  14. 14

    Historical Introduction to Complaint, 18 Dec. 1843.

  15. 15

    Historical Introduction to Petition from Aaron Johnson, 18 Dec. 1843; Historical Introduction to Military Order to Wilson Law, 18 Dec. 1843–A.

  16. 16

    Historical Introduction to Military Order to Wilson Law, 18 Dec. 1843–B; Clayton, Journal, 19 Dec. 1843.

    Clayton, William. Journals, 1842–1845. CHL.

  17. 17

    Philander Avery returned to Nauvoo by 20 December 1843. (Indictment, [Clark Co., MO, 23 Dec. 1843], State of Missouri v. Daniel Avery [Clark Co. Cir. Ct. 1843], Clark County Circuit Clerk’s Office, Clark County Courthouse, Kahoka, MO; JS, Journal, 13 Dec. 1843; Philander Avery, Affidavit, Nauvoo, IL, 20 Dec. 1843, JS Office Papers, CHL.)

    Clark County Circuit Clerk’s Office, Clark County Courthouse. Kahoka, MO.

  18. 18

    Affidavit from Daniel Avery, 28 Dec. 1843.

  19. 19

    Affidavit from Orson Hyde, 28 Dec. 1843.

  20. 20

    JS et al., Memorial to U.S. Senate and House of Representatives, 28 Nov. 1843, Record Group 46, Records of the U.S. Senate, National Archives, Washington DC; see also Minutes, 4 Dec. 1843; and Historical Introduction to Affidavit from Orson Hyde, 28 Dec. 1843.

  21. 21

    General Joseph Smith’s Appeal to the Green Mountain Boys, 21 Nov.–ca. 3 Dec. 1843.

  22. 22

    Memorial to the United States Senate and House of Representatives, ca. 16 Dec. 1843–12 Feb. 1844.

  23. 23

    Letter from John C. Calhoun, 2 Dec. 1843; Letter from Lewis Cass, 9 Dec. 1843.

  24. 24

    Letter from Martha Lucretia Campbell, 19 Dec. 1843; Letter from Glen Hardeman, 19 Dec. 1843; Letters from Newton E. French and James H. Seymour, 27 Dec. 1843.

  25. 25

    Letter to John Smith, 12 Dec. 1843.

  26. 26

    JS, Journal, 2–3, 9, 17, 23, and 30–31 Dec. 1843.

  27. 27

    Minutes and Discourse, 29 Dec. 1843.

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