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  2. Introduction to the Legal Records Series

Introduction to the Legal Records Series

Joseph Smith was working in his
office

Term usually applied to JS’s private office, which was located at various places during JS’s lifetime, including his home. From fall 1840 until completion of JS’s brick store, office was located on second floor of a new building, possibly on Water Street ...

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on 18 March 1843 when he arranged a stack of law books on his writing table as a pillow and lay down. He instructed his scribe
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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to “write & tell the world I accknowlidge myself a very great lawyer. I am going to study law & this is the way I study.” Richards recorded that Smith “fell asleep. & went to snoring.”
1

JS, Journal, 18 Mar. 1843.


Although Smith humorously acknowledged his lack of formal legal training, his lifelong involvement with the American legal system compelled him to learn the law to an unusual degree for a nonattorney. During his lifetime, he participated as a plaintiff (or complainant), defendant, or witness in dozens of civil and criminal cases in
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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,
Pennsylvania

Area first settled by Swedish immigrants, 1628. William Penn received grant for territory from King Charles II, 1681, and established British settlement, 1682. Philadelphia was center of government for original thirteen U.S. colonies from time of Revolutionary...

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,
Ohio

French explored and claimed area, 1669. British took possession following French and Indian War, 1763. Ceded to U.S., 1783. First permanent white settlement established, 1788. Northeastern portion maintained as part of Connecticut, 1786, and called Connecticut...

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,
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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,
Iowa Territory

Area acquired by U.S. in Louisiana Purchase, 1803. First permanent white settlements established, ca. 1833. Organized as territory, 1838, containing all of present-day Iowa, much of present-day Minnesota, and parts of North and South Dakota. Population in...

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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...

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.
2

See Introduction to Joseph Smith’s New York Legal Cases; Introduction to George H. Noble & Co. v. JS; Introduction to Joseph Smith’s Ohio Legal Cases; Introduction to Joseph Smith’s Missouri Legal Cases; and Introduction to Joseph Smith’s Illinois Legal Cases.


In addition, when he became mayor of
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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, Illinois, in May 1842, he served as judge of two city courts, presiding over numerous cases.
3

JS, Journal, 19 May 1842; Nauvoo City Council Minute Book, 19 May 1842, 80–81; Act to Incorporate the City of Nauvoo, 16 Dec. 1840.


The Legal Records Series of the Joseph Smith Papers is an online-only series featuring extant case files from one hundred and fifty legal cases heard during Smith’s lifetime. An additional forty-three cases for which no papers have survived are reconstructed from other sources in three finding aids—Joseph Smith and Civil Litigation, Joseph Smith and the Criminal Justice System, and Joseph Smith as a Judge. The series also features documents from the 1845 trial of Smith’s accused assassins, as well as the records of his estate and twelve cases brought against the estate. The Legal Records Series represents decades of dedicated research by attorneys, archivists, and historians who have scoured courthouses, repositories, and private manuscript collections to tell the stories of Smith’s legal cases.
The Legal Records Series organizes Smith’s cases by state or territory, then by judgment date of the case’s final jurisdiction.
4

Contrary to current legal practice that organizes cases by the initial filing, the Legal Records Series uses the judgment date because in some of Smith’s cases it is unclear when the initial filing occurred. The series follows the practice in Ohio, where court clerks arranged docket entries by the judgment date. See, for example, Docket Entry, Judgment, 5 June 1837 [Martindale v. JS et al.]; Docket Entry, Judgment, 27 October 1837 [Eaton v. JS and O. Cowdery]; and Docket Entry, Settlement, 3 April 1838 [Commercial Bank of Lake Erie v. Cahoon et al.].


Cases with extant records are published in their entirety—from initiation through judgment and any subsequent appeals—even if Smith was involved in only a portion of the proceedings. Within each case, documents are listed chronologically by jurisdiction. Brief historical introductions place cases in historical and legal context.
5

Unlike Joseph Smith Papers print series, individual documents in the legal series receive minimal annotation. However, select standalone case documents have been featured with full annotations in the Documents series. (See, for example, Docket Entry, ca 5 July 1842 [City of Nauvoo v. McGraw]; Petition to Nauvoo Municipal Court, 30 June 1843 [Extradition of JS for Treason]; and Answer, between 29 Sept. and 4 Oct. 1843 [Clayton v. E. W. Rhodes et al.].) For Smith’s financial papers, see the online Financial Series.


A calendar of documents for each legal case lists all known documents, whether extant or not, and footnotes may identify versions created for purposes outside of formal court proceedings.
 
Joseph Smith and the Law in Early America
Like other Americans born during the years following the American Revolution, Joseph Smith came of age during an era of patriotism and optimism.
6

Appleby, Inheriting the Revolution.


Comprehensive Works Cited

Appleby, Joyce. Inheriting the Revolution: The First Generation of Americans. Cambridge, MA: Harvard University Press, 2000.

On 9 July 1843, he recounted that his grandfathers “diffused into [his] soul” a love of “civil and religious liberty” while they “dandld [him] on their knees.”
7

Discourse, 9 July 1843, as Reported by Willard Richards.


Smith’s early revelations affirmed a commonly held belief among early Americans that the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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Constitution was of divine origin, and he included “obeying, honoring, and sustaining the law” among the church’s core beliefs.
8

Revelation, 6 Aug. 1833 [D&C 98:4–6]; Revelation, 16–17 Dec. 1833 [D&C 101:77–80]; “Church History,” 1 Mar. 1842; see also Madsen et al., Sustaining the Law.


Comprehensive Works Cited

Madsen, Gordon A., Jeffrey N. Walker, and John W. Welch, eds. Sustaining the Law: Joseph Smith’s Legal Encounters. Provo, UT: BYU Studies, 2014.

The
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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was still young when Joseph Smith organized the
Church of Christ

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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in 1830, and its legal system was still maturing. Although long-established counties had stately courthouses that symbolized the rule of law, in some frontier counties—including those in northwestern
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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where Smith lived in 1838—court was held in schools, taverns, homes, or outdoor areas.
Justices of the peace

A local public judicial officer, commissioned to mete out justice for, or to prevent, a breach of the peace or other violation of the law. “When a felony or breach of the peace has been committed in their presence, they may personally arrest the offender,...

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convened court in their homes, offices, and other ad hoc locations.
9

Friedman, History of American Law, 128–137; History of Caldwell and Livingston Counties, 121; Leopard et al., History of Daviess and Gentry Counties, 75; Berrett, Sacred Places, 4:243–249, 485.


Comprehensive Works Cited

Friedman, Lawrence M. A History of American Law. 4th ed. New York: Oxford University Press, 2019.

History of Caldwell and Livingston Counties, Missouri, Written and Compiled from the Most Authentic Official and Private Sources. . . . St. Louis: National Historical Co., 1886.

Leopard, John C., Buel Leopard, R. M. McCammon, and Mary McCammon Hillman. History of Daviess and Gentry Counties, Missouri. Topeka, KS: Historical Publishing Co., 1922.

Berrett, LaMar C., ed. Sacred Places: A Comprehensive Guide to Early LDS Historical Sites. 6 vols. Salt Lake City: Deseret Book, 1999–2007.

Aspiring lawyers did not go to law schools, which would not become common until the 1870s. Instead, novices apprenticed with established attorneys, reading “lawyer’s law”—treatises such as William Blackstone’s Commentaries on the Laws of England, American court decisions, and statutes—until they were ready to seek admittance to the bar.
10

Friedman, History of American Law, 294, 301–307; Mann, Neighbors and Strangers, 29–30; Hoffer, Law and People in Colonial America, 98; Lepler, Many Panics of 1837, 225.


Comprehensive Works Cited

Friedman, Lawrence M. A History of American Law. 4th ed. New York: Oxford University Press, 2019.

Mann, Bruce H. Neighbors and Strangers: Law and Community in Early Connecticut. Chapel Hill: University of North Carolina Press, 1987.

Hoffer, Peter Charles. Law and People in Colonial America. 2nd ed. Baltimore: Johns Hopkins University Press, 2019.

Lepler, Jessica M. The Many Panics of 1837: People, Politics and the Creation of a Transatlantic Financial Crisis. Cambridge: Cambridge University Press, 2013.

It was not a given that judges, even on state supreme courts and county courts, would be trained lawyers, and most justices of the peace had little knowledge of the law prior to obtaining their commissions.
11

Reid, Controlling the Law, chap. 2; Reid, Legitimating the Law, chap. 2; Friedman, History of American Law, 97; Edwards, People and Their Peace, 67–68, 80–81.


Comprehensive Works Cited

Reid, John Phillip. Controlling the Law: Legal Politics in Early National New Hampshire. DeKalb: Northern Illinois University Press, 2004.

Reid, John Phillip. Legitimating the Law: The Struggle for Judicial Competency in Early National New Hampshire. DeKalb: Northern Illinois University Press, 2012.

Friedman, Lawrence M. A History of American Law. 4th ed. New York: Oxford University Press, 2019.

Edwards, Laura F. The People and Their Peace: Legal Culture and the Transformation of Inequality in the Post-revolutionary South. Chapel Hill: University of North Carolina Press, 2009.

Many Americans preferred “common sense jurisprudence” over “lawyer’s law,” seeing the role of attorneys and judges as seeking fairness between neighbors rather than strict conformity to established law.
12

Reid, Controlling the Law, chap. 2.


Comprehensive Works Cited

Reid, John Phillip. Controlling the Law: Legal Politics in Early National New Hampshire. DeKalb: Northern Illinois University Press, 2004.

Suspicious of legal complexities, they often employed anti-attorney and anti-litigation rhetoric.
13

Gawalt, “Sources of Anti-Lawyer Sentiment,” 283–307; Bloomfield, “Antilawyer Sentiment in the Early Republic”; Friedman, History of American Law, 83–84, 116, 289.


Comprehensive Works Cited

Gawalt, Gerard W. “Sources of Anti-Lawyer Sentiment in Massachusetts, 1740–1840,” American Journal of Legal History 14, no. 4 (Oct. 1870): 283–307.

Bloomfield, Maxwell H. “Antilawyer Sentiment in the Early Republic.” Chap. 2 in American Lawyers in a Changing Society, 1776–1876. Cambridge, MA: Harvard University Press, 1976.

Friedman, Lawrence M. A History of American Law. 4th ed. New York: Oxford University Press, 2019.

Smith was no different.
14

Smith and his successors utilized an ecclesiastical dispute resolution system that was intended to be an alternative to the secular courts. (See Oman, “Preaching to the Court House and Judging in the Temple.”)


Comprehensive Works Cited

Oman, Nathan B. “Preaching to the Court House and Judging in the Temple.” Brigham Young University Law Review 36, no. 1 (2009): 157–224.

He condemned lawyers for being among the first to persecute the Saints.
15

Letter to the Church in Caldwell Co., MO, 16 Dec. 1838; JS, Journal, 1 Jan. 1843.


He referred disparagingly to “vexatious lawsuits” and the lawyers who instigated them.
16

JS History, vol. B-1, 767, addenda, 6nS; Motto, ca. 16 or 17 Mar. 1838. In April 1838 church leader Oliver Cowdery, Smith’s longtime friend, was excommunicated in part for “urging on vexatious Lawsuits” and for “turning to the practice of the Law.” (Minutes, 12 Apr. 1838; see also Letter to Oliver Cowdery and Others, ca. 17 June 1838.)


He presumably agreed with
Brigham Young

1 June 1801–29 Aug. 1877. Carpenter, painter, glazier, colonizer. Born at Whitingham, Windham Co., Vermont. Son of John Young and Abigail (Nabby) Howe. Brought up in Methodist household; later joined Methodist church. Moved to Sherburne, Chenango Co., New...

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, who argued in March 1844 that attorneys should “tell what the Law is. and then let the people go and act upon—it.” Justices of the peace, Young said, should “inquir[e] into the cause [of disputes] and till them how to settle.—and thus put down Law suits” and “cure lawing.”
17

JS, Journal, 7 Mar. 1844.


Of necessity, however, Smith employed lawyers to represent his interests in court and sought their counsel in lawsuits that would become a constant in his life by the mid-1830s.
18

For examples, see Letter from William Perkins, 29 Oct. 1838; JS, Journal, 4 Sept. 1838; Letter to Friends in Illinois, 20 Dec. 1841; Letter to Justin Butterfield, 18 Mar. 1843; and Discourse, 30 June 1843, as Reported by Wilford Woodruff.


 
Civil Litigation
The Legal Records Series features case files for seventy-six civil suits, which constitute more than one-third of Joseph Smith’s total case count. The majority of his civil suits stemmed from unpaid financial obligations. Revelations dictated by Joseph Smith called for ambitious projects requiring substantial capital, including the building of
temples

A sacred edifice “built unto the Lord.” In both the Bible and Book of Mormon, temples were built as places of worship. As early as 1830, church members expected to build a temple in the New Jerusalem, or city of Zion. Revelations in 1830 and 1831 indicated...

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. While church leaders sought to finance these projects through
consecration

The dedicating of money, lands, goods, or one’s own life for sacred purposes. Both the New Testament and Book of Mormon referred to some groups having “all things common” economically; the Book of Mormon also referred to individuals who consecrated or dedicated...

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and
tithing

A free-will offering of one-tenth of a person’s annual interest or income, given to the church for its use. The Book of Mormon and JS’s revision of the Bible explained that “even our father Abraham paid tithes of one tenth part of all he possessed.” Additionally...

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, they realized they would need to seek additional sources of capital. This meant they needed to assume substantial debt, as few individuals or groups in nineteenth-century America were capable of raising funds on such a scale. In the 1830s, Smith and other church leaders incurred large debts from merchants in the eastern
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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in hopes of developing the economy around
Kirtland

Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Latter-day Saint missionaries visited township, early Nov. 1830; many residents joined Church of Jesus Christ of Latter-day Saints. Population in 1830 about 55 Latter-day Saints and...

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, Ohio, and thereby funding construction of the
House of the Lord

JS revelation, dated Jan. 1831, directed Latter-day Saints to migrate to Ohio, where they would “be endowed with power from on high.” In Dec. 1832, JS revelation directed Saints to “establish . . . an house of God.” JS revelation, dated 1 June 1833, chastened...

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.
19

Revelation, 9 Feb. 1831 [D&C 42:30–39]; Revelation, 20 May 1831 [D&C 51:1–20]; Revelation, 26 Apr. 1832 [D&C 82:1–24]; Revelation, 8 July 1838–C [D&C 119]; Introduction to the United Firm; Introduction to Kirtland Mercantile Firms.


However, the nationwide economic downturn of 1837 “created an untold volume of litigation” as creditors turned to the courts to collect on unpaid promissory notes,
20

Lepler, Many Panics of 1837, 225.


Comprehensive Works Cited

Lepler, Jessica M. The Many Panics of 1837: People, Politics and the Creation of a Transatlantic Financial Crisis. Cambridge: Cambridge University Press, 2013.

and Smith was named as a defendant in thirty-four lawsuits stemming from unfulfilled financial obligations incurred during the 1830s. Between February 1837 and January 1838, he was arrested at least nine times in debt-collection suits.
21

Capias ad Respondendum, 16 Feb. 1837 [Martindale v. JS et al.]; Capias ad Respondendum, 22 Mar. 1837 [Bank of Geauga v. JS et al.]; Capias ad Respondendum, 22 Mar. 1837 [Kelley v. Rigdon, Smith & Cowdery]; Capias ad Respondendum, 20 Apr. 1837 [Newbould v. Rigdon, Smith & Cowdery]; Capias ad Respondendum, 6 June 1837 [Eaton v. JS and O. Cowdery]; Capias ad Respondendum, 26 July 1837 [Barker for the use of Bump v. JS and O. Cowdery]; Capias ad Respondendum, 27 July 1837 [Seymour & Griffith v. Rigdon and JS]; Docket Entry, ca. 1 Jan. 1838 [Bump v. JS]; Docket Entry, ca. 2 Jan. 1838 [Bump v. S. Smith and JS]; see also JS History, vol. B-1, 767, addenda, 6nS.


Another ambitious financial project that led to subsequent litigation occurred in September 1840, when Smith and other church leaders purchased a steamboat from the federal government for $4,866.38 using a
promissory note

An unconditional promise by one party to pay a specified sum of money on a certain date to another party.

View Glossary
. They intended to use the boat to ferry church members as well as transport goods for a fee on 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...

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. Soon after the purchase, the steamboat crashed on a sandbar. The loss of the boat resulted in multiple lawsuits in the 1840s, as Smith and the other signatories attempted to recoup their losses and in turn were sued for unfulfilled obligations.
22

Introduction to Miller et al. v. B. Holladay and W. Holladay; Introduction to Sweeney v. Miller et al.; Introduction to JS et al. v. C. B. Street and M. B. Street.


In 1842, the cumulative weight of the church debts incurred in his name, or subsequently assumed by him, led Smith to avail himself of a recently passed federal bankruptcy bill.
23

See Introduction to Joseph Smith’s Bankruptcy.


In response, federal officials in 1842 sued him and the other signatories on the 1840 note to collect payment for the steamboat, resulting in a
default

Neglecting to perform a legal obligation. In a judicial proceeding, the nonappearance of a defendant in the time required by law, resulting in a default judgment. A similar nonappearance of a plaintiff may result in a nonsuit.

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judgment against the defendants.
24

Introduction to United States v. Haws et al.


Additional civil suits resulted from confrontations between Joseph Smith and his critics in late 1843 and early 1844. Although these antagonists had grown critical of Smith’s religious leadership, the suits targeted him in his capacity as mayor and as a judge 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....

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. At the May 1844 term of the
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, circuit court, Smith’s opponents sought to overwhelm him with litigation, bringing six civil suits against him. Most of these cases were still pending at his death.
25

Introduction to City of Nauvoo v. Bostwick, Bostwick v. JS and Greene, and Bostwick v. JS; Introduction to City of Nauvoo v. F. M. Higbee, F. M. Higbee v. JS–A, F. M. Higbee v. JS–A on Habeas Corpus, and F. M. Higbee v. JS–B; Introduction to C. A. Foster v. JS and Coolidge; Introduction to State of Illinois v. Sympson, Sympson v. JS, and State of Illinois v. JS for Perjury; Introduction to State of Illinois v. Finch, State of Illinois v. Finch on Habeas Corpus, and Davis v. JS et al.


 
Criminal Cases
The Legal Records Series features case files for thirty-eight criminal cases—about one-fifth of Joseph Smith’s total case count. The majority of these criminal cases resulted from conflicts with antagonists who viewed him and the church he founded with distrust.
26

See Fluhman, “A Peculiar People,” 21–48; Oman, “‘Established Agreeable to the Laws of Our Country,’” 202–229; and Farrelly, Anti-Catholicism in America, chaps. 4–6.


Comprehensive Works Cited

Fluhman, J. Spencer. “A Peculiar People”: Anti-Mormonism and the Making of Religion in Nineteenth-Century America. Chapel Hill: University of North Carolina Press, 2012.

Oman, Nathan B. “‘Established Agreeable to the Laws of Our Country’: Mormonism, Church Corporations, and the Long Legacy of America’s First Disestablishment.” Journal of Law and Religion 36, no. 2 (August 2021): 202–229.

Farrelly, Maura Jane. Anti-Catholicism in America, 1620–1860. Cambridge Essential Histories. Cambridge: Cambridge University Press, 2017.

Smith’s first criminal case occurred in
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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in 1826 when he was charged with violating the disorderly persons statute for using seer stones to locate lost and hidden items while in the employ of
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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. The outcome of this case is uncertain due to the lack of contemporaneous legal records.
27

TEXT: Introduction to State of New York v. JS–A; see also Introduction to State of New York v. JS–B and State of New York v. JS–C.


In
Ohio

French explored and claimed area, 1669. British took possession following French and Indian War, 1763. Ceded to U.S., 1783. First permanent white settlement established, 1788. Northeastern portion maintained as part of Connecticut, 1786, and called Connecticut...

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, Smith’s antagonist
Grandison Newell

2 May 1785–10 June 1874. Farmer, clockmaker, furniture maker, manufacturer, merchant, banker. Born in Barkhamsted, Litchfield Co., Connecticut. Son of Solomon Newell and Damaris Johnson. Married Betsy Smith, 16 Apr. 1807. Moved to Winsted, Litchfield Co.;...

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accused him in 1835 of assault and battery and in 1837 of threatening Newell’s life. In both cases, Ohio judges acquitted Smith.
28

Introduction to State of Ohio v. JS for Assault and Battery; Introduction to State of Ohio v. JS for Threatening to Take Life.


Many of Smith’s criminal cases resulted from the 1838 conflict between the Latter-day Saints and their adversaries 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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. When vigilantes expelled Latter-day Saints from their homes and state officials declined to intervene, armed Latter-day Saints strategically targeted mob havens by burning buildings and confiscating goods. Approximately forty Latter-day Saints and three individuals who were not members of the church were killed. Missouri governor
Lilburn W. Boggs

14 Dec. 1796–14 Mar. 1860. Bookkeeper, bank cashier, merchant, Indian agent and trader, lawyer, doctor, postmaster, politician. Born at Lexington, Fayette Co., Kentucky. Son of John M. Boggs and Martha Oliver. Served in War of 1812. Moved to St. Louis, ca...

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ordered that the Saints needed to be “exterminated or driven from the state if necessary.” The purported “ring leaders of this rebellion,” including Joseph Smith, were arrested and charged with treason and other crimes. Missouri officials made no effort to prosecute non–Latter-day Saint vigilantes who had committed crimes. After Smith spent winter 1838–1839 incarcerated in the
Clay County jail

Two-story building containing dungeon on lower floor with access through trap door. Wood building constructed, ca. 1830. Outer stone wall added and building completed, 1833. JS and five others confined there for just over four months, beginning 1 Dec. 1838...

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in
Liberty

Located in western Missouri, thirteen miles north of Independence. Settled 1820. Clay Co. seat, 1822. Incorporated as town, May 1829. Following expulsion from Jackson Co., 1833, many Latter-day Saints found refuge in Clay Co., with church leaders and other...

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, Missouri, his guards allowed him to escape and relocate 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...

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with the other Saints.
29

Introduction to State of Missouri v. JS et al. for Riot; Introduction to State of Missouri v. Gates et al. for Treason; Introduction to State of Missouri v. Baldwin et al. for Arson; Introduction to State of Missouri v. Gates et al. for Arson; Introduction to State of Missouri v. Worthington et al. for Larceny and State of Missouri v. JS for Receiving Stolen Goods; Introduction to State of Missouri v. Pratt et al. for Murder; Lilburn W. Boggs, Jefferson City, MO, to John B. Clark, Fayette, MO, 27 Oct. 1838, copy, Mormon War Papers, MSA.


Comprehensive Works Cited

Mormon War Papers, 1838–1841. MSA.

In the 1840s, Missouri state officials attempted to have Smith
extradited

The act of lawfully sending a person accused of a crime to another jurisdiction (such as a state) where the crime was allegedly committed in order to be tried there.

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from Illinois three times, twice to answer charges stemming from the 1838 conflict and once for his alleged complicity in the 1842 attempted assassination of former governor Boggs. Each time, Smith was discharged after appearing before courts in Illinois on writs 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...

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.
30

Introduction to Extradition of JS et al. for Treason and Other Crimes; Introduction to Extradition of JS for Accessory to Assault; Introduction to Extradition of JS for Treason.


Smith was also charged with crimes allegedly committed in
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...

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. In September 1843, he insisted that a local justice of the peace fine him for striking an antagonist,
Walter Bagby

3 Apr. 1801–after July 1845. School commissioner, tax collector. Born in Amherst Co., Virginia. Son of John Bagby and Matilda Davis. Moved to Barren Co., Kentucky, 1817. Married Eliza McClure, 2 Jan. 1831, in Barren Co. Moved to Carthage, Hancock Co., Illinois...

View Full Bio
, the only time Smith was unambiguously convicted of a criminal offense.
31

Introduction to State of Illinois v. JS for Assault and Battery.


In June 1844, Smith was charged with
riot

Illinois law defined riot as “two or more persons” committing “an unlawful act with force or violence against the person or property of another . . . in a violent and tumultuous manner.” Upon conviction, the defendants would “severally be fined not exceeding...

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for his role in the destruction of the Nauvoo Expositor, a newspaper that was critical of him and the church. He was also charged with
treason

A betrayal, treachery, or breach of allegiance. Against the United States, it consists only in “levying war against the nation, or in adhering to their enemies, giving them aid or comfort,” according to the United States Constitution, article 3, section 3...

View Glossary
, evidently for calling out 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...

View Glossary
and declaring martial law to protect the city from vigilantes.
32

Introduction to State of Illinois v. JS et al. for Riot–A, State of Illinois v. JS for Riot on Habeas Corpus, State of Illinois v. H. Smith et al. on Habeas Corpus, and State of Illinois v. JS et al. for Riot–B; Introduction to State of Illinois v. JS and H. Smith for Treason.


While he was confined on the latter charge in the
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
, Illinois, jail on 27 June 1844, an armed mob assassinated him.
 
Joseph Smith as a Judge
As a judge in 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....

More Info
mayor’s court and municipal court, Joseph Smith presided over seventy-seven known cases, representing more than one-third of his total case count. The Legal Records Series features case files from twenty-five cases in the mayor’s court, with the remaining case files apparently not extant but mentioned in other sources. In the mayor’s court—which was usually held in the room above his
store

Located in lower portion of Nauvoo (the flats) along bank of Mississippi River. Completed 1841. Opened for business, 5 Jan. 1842. Owned by JS, but managed mostly by others, after 1842. First floor housed JS’s general store and counting room, where tithing...

More Info
—Smith served as a justice of the peace, with limited jurisdiction over state statutes and civil matters.
33

Mayor’s Clerk, Nauvoo, IL, Letter to the Editor, Nauvoo Neighbor, 10 May 1843, [3].


Comprehensive Works Cited

Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

He also had full jurisdiction over city ordinances. Most of the cases Smith heard in the mayor’s court were criminal in nature, ranging from
felonies

A serious offense that may result in forfeiting lands or goods, to which other punishment may be added, depending on the crime.

View Glossary
such as
larceny

Taking and carrying away the personal property of another, with felonious intent and against the owner’s will. Illinois statute defined larceny as “the felonious stealing, taking and carrying, leading, riding, or driving away the personal goods of another...

View Glossary
to various minor offenses tried under the city’s disorderly persons ordinance. In addition, he heard seventeen civil suits, including Dana v. Brink, a complicated medical malpractice case.
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....

More Info
Municipal Court was composed of Smith as chief justice and Nauvoo city
aldermen

An officer, generally appointed or elected in corporate towns and possessing various judicial powers. Aldermen may also be members of the city council, justices of the peace, or judges of the municipal court.

View Glossary
sitting as associate justices. The court had jurisdiction over appeals from the mayor’s and aldermen’s courts, as well as authority to issue writs of habeas corpus in some cases. Smith presided over three appeals and nine habeas corpus proceedings to review the legality of detentions of individuals in Nauvoo.
34

See “Nauvoo Municipal Court and the Writ of Habeas Corpus.”


 
The Trial of the Accused Assassins and the Estate of Joseph Smith
The Legal Records Series also features documents for cases heard after Joseph Smith’s death. In May 1845, the
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
Circuit Court held the trial of five men accused of participating in his murder—
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
,
Thomas Sharp

25 Sept. 1818–9 Apr. 1894. Teacher, lawyer, newspaper editor and publisher. Born in Mount Holly, Burlington Co., New Jersey. Son of Solomon Sharp and Jemima Budd. Lived at Smyrna, Kent Co., Delaware, June 1830. Moved to Carlisle, Cumberland Co., Pennsylvania...

View Full Bio
,
Jacob Davis

16 Sept. 1820–25 Dec. 1883. Lawyer, farmer, politician. Born near Staunton, Augusta Co., Virginia. Son of William C. Davis and Sarah (Sallie) Van Lear. Lived at Augusta Co., 1830. Moved to Warsaw, Hancock Co., Illinois, by 1838. Served as Illinois circuit...

View Full Bio
,
Mark Aldrich

22 Jan. 1802–21 Sept. 1873. Furrier, postmaster, land developer, merchant, politician. Born in Washington Co. (later in Warren Co.), New York. Son of Artemas Aldrich and Huldah Chamberlain. Moved to Hadley Township, Saratoga Co., New York, by Aug. 1810. Moved...

View Full Bio
, and William Grover. As many in the Latter-day Saint community did not believe that justice would be served, church leaders decided not to cooperate with the prosecution. The jury determined the men were not guilty.
35

Introduction to State of Illinois v. Williams et al. and State of Illinois v. Elliott–C; see also Oaks and Hill, Carthage Conspiracy.


Comprehensive Works Cited

Oaks, Dallin H., and Marvin S. Hill. Carthage Conspiracy: The Trial of the Accused Assassins of Joseph Smith. Urbana: University of Illinois Press, 1975.

In addition, the Legal Records Series reproduces documents pertaining to the administration of Joseph Smith’s estate. Like most nineteenth-century Americans, Smith died intestate, meaning he left no will.
36

Friedman, History of American Law, 232.


Comprehensive Works Cited

Friedman, Lawrence M. A History of American Law. 4th ed. New York: Oxford University Press, 2019.

Administering his estate was a complex process that extended nearly two decades following his death; involved probate courts in
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
,
Ohio

French explored and claimed area, 1669. British took possession following French and Indian War, 1763. Ceded to U.S., 1783. First permanent white settlement established, 1788. Northeastern portion maintained as part of Connecticut, 1786, and called Connecticut...

More Info
, and
Iowa Territory

Area acquired by U.S. in Louisiana Purchase, 1803. First permanent white settlements established, ca. 1833. Organized as territory, 1838, containing all of present-day Iowa, much of present-day Minnesota, and parts of North and South Dakota. Population in...

More Info
, as well as the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

More Info
District Court in
Springfield

Settled by 1819. Incorporated as town, 1832. Became capital of Illinois, 1837. Incorporated as city, 1840. Sangamon Co. seat. Population in 1840 about 2,600. Stake of Church of Jesus Christ of Latter-day Saints organized in Springfield, Nov. 1840; discontinued...

More Info
, Illinois; and required five
administrators

A person lawfully appointed by a court having jurisdiction to manage and settle the estate of a person who died without a will.

View Glossary
to settle.
The administrators in
Iowa Territory

Area acquired by U.S. in Louisiana Purchase, 1803. First permanent white settlements established, ca. 1833. Organized as territory, 1838, containing all of present-day Iowa, much of present-day Minnesota, and parts of North and South Dakota. Population in...

More Info
and
Ohio

French explored and claimed area, 1669. British took possession following French and Indian War, 1763. Ceded to U.S., 1783. First permanent white settlement established, 1788. Northeastern portion maintained as part of Connecticut, 1786, and called Connecticut...

More Info
were creditors who were not particularly interested in overseeing Smith’s estate in those jurisdictions, but instead in gaining control of specific properties.
Levi Moffet

10 May 1800–31 Mar. 1857. Miller, merchant. Born in Oppenheim, Montgomery Co., New York. Son of John Moffet and Abigail. Moved to Trumbull Co., Ohio, by 1820. Married first Elizabeth Keck, 29 Jan. 1824, in Trumbull Co. Led group of settlers to Des Moines ...

View Full Bio
, the administrator of Smith’s estate in Iowa Territory in the mid-1840s, desired the steamboat Maid of Iowa, although he was unsuccessful in his pursuit.
37

Introduction to Moffet Administrator of the Estate of JS.


Henry Holcomb

28 Aug. 1830–7 June 1919. Tinsmith, coppersmith, hardware store owner, furnace manufacturer. Born in Youngstown, Mahoning Co., Ohio. Son of John Rogers Holcomb and Sarah Amelia Fitch. Married Emily Sawyer, 30 Aug. 1852, in Youngstown. Moved to Painesville...

View Full Bio
served as administrator in Ohio. At the direction of
Grandison Newell

2 May 1785–10 June 1874. Farmer, clockmaker, furniture maker, manufacturer, merchant, banker. Born in Barkhamsted, Litchfield Co., Connecticut. Son of Solomon Newell and Damaris Johnson. Married Betsy Smith, 16 Apr. 1807. Moved to Winsted, Litchfield Co.;...

View Full Bio
—grandfather of Holcomb’s wife and longtime opponent of Smith—Holcomb obtained and then sold the
Kirtland

Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Latter-day Saint missionaries visited township, early Nov. 1830; many residents joined Church of Jesus Christ of Latter-day Saints. Population in 1830 about 55 Latter-day Saints and...

More Info
House of the Lord

JS revelation, dated Jan. 1831, directed Latter-day Saints to migrate to Ohio, where they would “be endowed with power from on high.” In Dec. 1832, JS revelation directed Saints to “establish . . . an house of God.” JS revelation, dated 1 June 1833, chastened...

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on 12 April 1862.
38

Introduction to Holcomb Administrator of the Estate of JS.


Administration of Smith’s estate in
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
was complicated by the disposition of his property at the time of his death, some of which was held in his name and the remainder of which was held in his capacity as trustee-in-trust of the Church of Jesus Christ of Latter-day Saints.
Emma Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

View Full Bio
served as administratrix from 17 July through 18 September 1844. Acting in accordance with legal counsel, Emma Smith engaged in a struggle over control of the property held by her husband as church trustee. However, her tenure as administratrix was cut short when the
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
Probate Court removed her on the grounds that her initial $2,000 bond was insufficient to cover the estate’s debts.
39

Introduction to E. Smith Administratrix of the Estate of JS.


Latter-day Saint
Joseph W. Coolidge

31 May 1814–13 Jan. 1871. Carpenter, miller, merchant. Born in Bangor, Hancock Co., Maine. Son of John Kittridge Coolidge and Rebecca Stone Wellington. Moved to Cincinnati, by 1817. Moved to area of Mackinaw, Tazewell Co., Illinois, 1834. Married Elizabeth...

View Full Bio
replaced Emma Smith as administrator on 19 September 1844. Coolidge worked with the probate court to sell Joseph Smith’s personal and real property and address claims from creditors.
40

Introduction to Coolidge Administrator of the Estate of JS .


In April 1848, the probate court replaced
Coolidge

31 May 1814–13 Jan. 1871. Carpenter, miller, merchant. Born in Bangor, Hancock Co., Maine. Son of John Kittridge Coolidge and Rebecca Stone Wellington. Moved to Cincinnati, by 1817. Moved to area of Mackinaw, Tazewell Co., Illinois, 1834. Married Elizabeth...

View Full Bio
with John M. Ferris, who was not a Latter-day Saint. Ferris worked with the court to review claims against the estate, which totaled more than $19,000 by 1850.
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

More Info
district attorney
Archibald Williams

10 June 1801–21 Sept. 1863. Lawyer, judge. Born in Montgomery Co., Kentucky. Son of John Wesley Williams and Amelia Gill. Moved to Quincy, Adams Co., Illinois, 1829. Married first Nancy Kemp, 28 July 1831. President of the Trustees of Quincy when town was...

View Full Bio
hindered the settlement of the estate when he sued Ferris,
Emma Smith Bidamon

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

View Full Bio
and Lewis Bidamon, the Smith heirs, and dozens of individuals who had received land from Smith during his lifetime. The suit, heard in the United States District Court, sought to collect on the 1842 default judgment relating to the 1840 steamboat purchase. The judge held that Smith’s estate owed the United States $6,545.55, which the court recovered by seizing land conveyed by Smith and by Coolidge. After the court awarded Emma Smith Bidamon $1,809.41 as her dower rights, the judgment was satisfied. The suit effectively exhausted Joseph Smith’s estate, leaving many of the debts filed against it unpaid.
41

Introduction to Ferris Administrator of the Estate of JS.


 
Conclusion
Despite Joseph Smith’s ambivalence toward lawyers and the American legal system, the case files featured in the Legal Records Series demonstrate that he was constrained to become proficient to some degree in the law to protect himself and his people.
42

Reid, Controlling the Law, chap. 2; Reid, Legitimating the Law, chap. 2; Friedman, History of American Law, 97; Edwards, People and Their Peace, 67–68, 80–81.


Comprehensive Works Cited

Reid, John Phillip. Controlling the Law: Legal Politics in Early National New Hampshire. DeKalb: Northern Illinois University Press, 2004.

Reid, John Phillip. Legitimating the Law: The Struggle for Judicial Competency in Early National New Hampshire. DeKalb: Northern Illinois University Press, 2012.

Friedman, Lawrence M. A History of American Law. 4th ed. New York: Oxford University Press, 2019.

Edwards, Laura F. The People and Their Peace: Legal Culture and the Transformation of Inequality in the Post-revolutionary South. Chapel Hill: University of North Carolina Press, 2009.

Daniel H. Wells

27 Oct. 1814–24 Mar. 1891. Farmer, teacher, ferry operator, lumber merchant, manager of nail factory, politician. Born in Trenton, Oneida Co., New York. Son of Daniel Wells and Catherine Chapin. Moved to Marietta, Washington Co., Ohio, ca. 1832. Moved to ...

View Full Bio
, who served as a justice of the peace and as an associate justice with Smith on 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....

More Info
Municipal Court, recalled that Smith “shewed great wisdom not only in religious matters, but in matters of law, and other subjects and branches of knowledge.”
43

Brigham Young, Office Journal. Vol. D, 22 Dec. 1859, CHL.


Comprehensive Works Cited

Young, Brigham. Journals, 1832–1877. Brigham Young Office Files, 1832–1878. CHL. CR 1234 1, boxes 71–73.

Less than a month prior to his death, Joseph Smith summed up his approach to the law: “I understand some law and more justice, and know as much about the rights of American citizens as any men.”
44

Docket Entry, 18–31 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–A].


  1. 1

    JS, Journal, 18 Mar. 1843.

  2. 2

    See Introduction to Joseph Smith’s New York Legal Cases; Introduction to George H. Noble & Co. v. JS; Introduction to Joseph Smith’s Ohio Legal Cases; Introduction to Joseph Smith’s Missouri Legal Cases; and Introduction to Joseph Smith’s Illinois Legal Cases.

  3. 3

    JS, Journal, 19 May 1842; Nauvoo City Council Minute Book, 19 May 1842, 80–81; Act to Incorporate the City of Nauvoo, 16 Dec. 1840.

  4. 4

    Contrary to current legal practice that organizes cases by the initial filing, the Legal Records Series uses the judgment date because in some of Smith’s cases it is unclear when the initial filing occurred. The series follows the practice in Ohio, where court clerks arranged docket entries by the judgment date. See, for example, Docket Entry, Judgment, 5 June 1837 [Martindale v. JS et al.]; Docket Entry, Judgment, 27 October 1837 [Eaton v. JS and O. Cowdery]; and Docket Entry, Settlement, 3 April 1838 [Commercial Bank of Lake Erie v. Cahoon et al.].

  5. 5

    Unlike Joseph Smith Papers print series, individual documents in the legal series receive minimal annotation. However, select standalone case documents have been featured with full annotations in the Documents series. (See, for example, Docket Entry, ca 5 July 1842 [City of Nauvoo v. McGraw]; Petition to Nauvoo Municipal Court, 30 June 1843 [Extradition of JS for Treason]; and Answer, between 29 Sept. and 4 Oct. 1843 [Clayton v. E. W. Rhodes et al.].) For Smith’s financial papers, see the online Financial Series.

  6. 6

    Appleby, Inheriting the Revolution.

    Appleby, Joyce. Inheriting the Revolution: The First Generation of Americans. Cambridge, MA: Harvard University Press, 2000.

  7. 7

    Discourse, 9 July 1843, as Reported by Willard Richards.

  8. 8

    Revelation, 6 Aug. 1833 [D&C 98:4–6]; Revelation, 16–17 Dec. 1833 [D&C 101:77–80]; “Church History,” 1 Mar. 1842; see also Madsen et al., Sustaining the Law.

    Madsen, Gordon A., Jeffrey N. Walker, and John W. Welch, eds. Sustaining the Law: Joseph Smith’s Legal Encounters. Provo, UT: BYU Studies, 2014.

  9. 9

    Friedman, History of American Law, 128–137; History of Caldwell and Livingston Counties, 121; Leopard et al., History of Daviess and Gentry Counties, 75; Berrett, Sacred Places, 4:243–249, 485.

    Friedman, Lawrence M. A History of American Law. 4th ed. New York: Oxford University Press, 2019.

    History of Caldwell and Livingston Counties, Missouri, Written and Compiled from the Most Authentic Official and Private Sources. . . . St. Louis: National Historical Co., 1886.

    Leopard, John C., Buel Leopard, R. M. McCammon, and Mary McCammon Hillman. History of Daviess and Gentry Counties, Missouri. Topeka, KS: Historical Publishing Co., 1922.

    Berrett, LaMar C., ed. Sacred Places: A Comprehensive Guide to Early LDS Historical Sites. 6 vols. Salt Lake City: Deseret Book, 1999–2007.

  10. 10

    Friedman, History of American Law, 294, 301–307; Mann, Neighbors and Strangers, 29–30; Hoffer, Law and People in Colonial America, 98; Lepler, Many Panics of 1837, 225.

    Friedman, Lawrence M. A History of American Law. 4th ed. New York: Oxford University Press, 2019.

    Mann, Bruce H. Neighbors and Strangers: Law and Community in Early Connecticut. Chapel Hill: University of North Carolina Press, 1987.

    Hoffer, Peter Charles. Law and People in Colonial America. 2nd ed. Baltimore: Johns Hopkins University Press, 2019.

    Lepler, Jessica M. The Many Panics of 1837: People, Politics and the Creation of a Transatlantic Financial Crisis. Cambridge: Cambridge University Press, 2013.

  11. 11

    Reid, Controlling the Law, chap. 2; Reid, Legitimating the Law, chap. 2; Friedman, History of American Law, 97; Edwards, People and Their Peace, 67–68, 80–81.

    Reid, John Phillip. Controlling the Law: Legal Politics in Early National New Hampshire. DeKalb: Northern Illinois University Press, 2004.

    Reid, John Phillip. Legitimating the Law: The Struggle for Judicial Competency in Early National New Hampshire. DeKalb: Northern Illinois University Press, 2012.

    Friedman, Lawrence M. A History of American Law. 4th ed. New York: Oxford University Press, 2019.

    Edwards, Laura F. The People and Their Peace: Legal Culture and the Transformation of Inequality in the Post-revolutionary South. Chapel Hill: University of North Carolina Press, 2009.

  12. 12

    Reid, Controlling the Law, chap. 2.

    Reid, John Phillip. Controlling the Law: Legal Politics in Early National New Hampshire. DeKalb: Northern Illinois University Press, 2004.

  13. 13

    Gawalt, “Sources of Anti-Lawyer Sentiment,” 283–307; Bloomfield, “Antilawyer Sentiment in the Early Republic”; Friedman, History of American Law, 83–84, 116, 289.

    Gawalt, Gerard W. “Sources of Anti-Lawyer Sentiment in Massachusetts, 1740–1840,” American Journal of Legal History 14, no. 4 (Oct. 1870): 283–307.

    Bloomfield, Maxwell H. “Antilawyer Sentiment in the Early Republic.” Chap. 2 in American Lawyers in a Changing Society, 1776–1876. Cambridge, MA: Harvard University Press, 1976.

    Friedman, Lawrence M. A History of American Law. 4th ed. New York: Oxford University Press, 2019.

  14. 14

    Smith and his successors utilized an ecclesiastical dispute resolution system that was intended to be an alternative to the secular courts. (See Oman, “Preaching to the Court House and Judging in the Temple.”)

    Oman, Nathan B. “Preaching to the Court House and Judging in the Temple.” Brigham Young University Law Review 36, no. 1 (2009): 157–224.

  15. 15

    Letter to the Church in Caldwell Co., MO, 16 Dec. 1838; JS, Journal, 1 Jan. 1843.

  16. 16

    JS History, vol. B-1, 767, addenda, 6nS; Motto, ca. 16 or 17 Mar. 1838. In April 1838 church leader Oliver Cowdery, Smith’s longtime friend, was excommunicated in part for “urging on vexatious Lawsuits” and for “turning to the practice of the Law.” (Minutes, 12 Apr. 1838; see also Letter to Oliver Cowdery and Others, ca. 17 June 1838.)

  17. 17

    JS, Journal, 7 Mar. 1844.

  18. 18

    For examples, see Letter from William Perkins, 29 Oct. 1838; JS, Journal, 4 Sept. 1838; Letter to Friends in Illinois, 20 Dec. 1841; Letter to Justin Butterfield, 18 Mar. 1843; and Discourse, 30 June 1843, as Reported by Wilford Woodruff.

  19. 19

    Revelation, 9 Feb. 1831 [D&C 42:30–39]; Revelation, 20 May 1831 [D&C 51:1–20]; Revelation, 26 Apr. 1832 [D&C 82:1–24]; Revelation, 8 July 1838–C [D&C 119]; Introduction to the United Firm; Introduction to Kirtland Mercantile Firms.

  20. 20

    Lepler, Many Panics of 1837, 225.

    Lepler, Jessica M. The Many Panics of 1837: People, Politics and the Creation of a Transatlantic Financial Crisis. Cambridge: Cambridge University Press, 2013.

  21. 21

    Capias ad Respondendum, 16 Feb. 1837 [Martindale v. JS et al.]; Capias ad Respondendum, 22 Mar. 1837 [Bank of Geauga v. JS et al.]; Capias ad Respondendum, 22 Mar. 1837 [Kelley v. Rigdon, Smith & Cowdery]; Capias ad Respondendum, 20 Apr. 1837 [Newbould v. Rigdon, Smith & Cowdery]; Capias ad Respondendum, 6 June 1837 [Eaton v. JS and O. Cowdery]; Capias ad Respondendum, 26 July 1837 [Barker for the use of Bump v. JS and O. Cowdery]; Capias ad Respondendum, 27 July 1837 [Seymour & Griffith v. Rigdon and JS]; Docket Entry, ca. 1 Jan. 1838 [Bump v. JS]; Docket Entry, ca. 2 Jan. 1838 [Bump v. S. Smith and JS]; see also JS History, vol. B-1, 767, addenda, 6nS.

  22. 22

    Introduction to Miller et al. v. B. Holladay and W. Holladay; Introduction to Sweeney v. Miller et al.; Introduction to JS et al. v. C. B. Street and M. B. Street.

  23. 23

    See Introduction to Joseph Smith’s Bankruptcy.

  24. 24

    Introduction to United States v. Haws et al.

  25. 25

    Introduction to City of Nauvoo v. Bostwick, Bostwick v. JS and Greene, and Bostwick v. JS; Introduction to City of Nauvoo v. F. M. Higbee, F. M. Higbee v. JS–A, F. M. Higbee v. JS–A on Habeas Corpus, and F. M. Higbee v. JS–B; Introduction to C. A. Foster v. JS and Coolidge; Introduction to State of Illinois v. Sympson, Sympson v. JS, and State of Illinois v. JS for Perjury; Introduction to State of Illinois v. Finch, State of Illinois v. Finch on Habeas Corpus, and Davis v. JS et al.

  26. 26

    See Fluhman, “A Peculiar People,” 21–48; Oman, “‘Established Agreeable to the Laws of Our Country,’” 202–229; and Farrelly, Anti-Catholicism in America, chaps. 4–6.

    Fluhman, J. Spencer. “A Peculiar People”: Anti-Mormonism and the Making of Religion in Nineteenth-Century America. Chapel Hill: University of North Carolina Press, 2012.

    Oman, Nathan B. “‘Established Agreeable to the Laws of Our Country’: Mormonism, Church Corporations, and the Long Legacy of America’s First Disestablishment.” Journal of Law and Religion 36, no. 2 (August 2021): 202–229.

    Farrelly, Maura Jane. Anti-Catholicism in America, 1620–1860. Cambridge Essential Histories. Cambridge: Cambridge University Press, 2017.

  27. 27

    TEXT: Introduction to State of New York v. JS–A; see also Introduction to State of New York v. JS–B and State of New York v. JS–C.

  28. 28

    Introduction to State of Ohio v. JS for Assault and Battery; Introduction to State of Ohio v. JS for Threatening to Take Life.

  29. 29

    Introduction to State of Missouri v. JS et al. for Riot; Introduction to State of Missouri v. Gates et al. for Treason; Introduction to State of Missouri v. Baldwin et al. for Arson; Introduction to State of Missouri v. Gates et al. for Arson; Introduction to State of Missouri v. Worthington et al. for Larceny and State of Missouri v. JS for Receiving Stolen Goods; Introduction to State of Missouri v. Pratt et al. for Murder; Lilburn W. Boggs, Jefferson City, MO, to John B. Clark, Fayette, MO, 27 Oct. 1838, copy, Mormon War Papers, MSA.

    Mormon War Papers, 1838–1841. MSA.

  30. 30

    Introduction to Extradition of JS et al. for Treason and Other Crimes; Introduction to Extradition of JS for Accessory to Assault; Introduction to Extradition of JS for Treason.

  31. 31

    Introduction to State of Illinois v. JS for Assault and Battery.

  32. 32

    Introduction to State of Illinois v. JS et al. for Riot–A, State of Illinois v. JS for Riot on Habeas Corpus, State of Illinois v. H. Smith et al. on Habeas Corpus, and State of Illinois v. JS et al. for Riot–B; Introduction to State of Illinois v. JS and H. Smith for Treason.

  33. 33

    Mayor’s Clerk, Nauvoo, IL, Letter to the Editor, Nauvoo Neighbor, 10 May 1843, [3].

    Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

  34. 34

    See “Nauvoo Municipal Court and the Writ of Habeas Corpus.”

  35. 35

    Introduction to State of Illinois v. Williams et al. and State of Illinois v. Elliott–C; see also Oaks and Hill, Carthage Conspiracy.

    Oaks, Dallin H., and Marvin S. Hill. Carthage Conspiracy: The Trial of the Accused Assassins of Joseph Smith. Urbana: University of Illinois Press, 1975.

  36. 36

    Friedman, History of American Law, 232.

    Friedman, Lawrence M. A History of American Law. 4th ed. New York: Oxford University Press, 2019.

  37. 37

    Introduction to Moffet Administrator of the Estate of JS.

  38. 38

    Introduction to Holcomb Administrator of the Estate of JS.

  39. 39

    Introduction to E. Smith Administratrix of the Estate of JS.

  40. 40

    Introduction to Coolidge Administrator of the Estate of JS .

  41. 41

    Introduction to Ferris Administrator of the Estate of JS.

  42. 42

    Reid, Controlling the Law, chap. 2; Reid, Legitimating the Law, chap. 2; Friedman, History of American Law, 97; Edwards, People and Their Peace, 67–68, 80–81.

    Reid, John Phillip. Controlling the Law: Legal Politics in Early National New Hampshire. DeKalb: Northern Illinois University Press, 2004.

    Reid, John Phillip. Legitimating the Law: The Struggle for Judicial Competency in Early National New Hampshire. DeKalb: Northern Illinois University Press, 2012.

    Friedman, Lawrence M. A History of American Law. 4th ed. New York: Oxford University Press, 2019.

    Edwards, Laura F. The People and Their Peace: Legal Culture and the Transformation of Inequality in the Post-revolutionary South. Chapel Hill: University of North Carolina Press, 2009.

  43. 43

    Brigham Young, Office Journal. Vol. D, 22 Dec. 1859, CHL.

    Young, Brigham. Journals, 1832–1877. Brigham Young Office Files, 1832–1878. CHL. CR 1234 1, boxes 71–73.

  44. 44

    Docket Entry, 18–31 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–A].

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