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Introduction to JS v. Reynolds and Wilson Praecipe, 23 June 1843 [JS v. Reynolds and Wilson–A] Affidavit, 24 June 1843 [JS v. Reynolds and Wilson–A] Capias ad Respondendum, 24 June 1843 [JS v. Reynolds and Wilson–A] Recognizance, 1 July 1843–A [JS v. Reynolds and Wilson–A] Recognizance, 1 July 1843–B [JS v. Reynolds and Wilson–A] Declaration, circa 17 August 1843 [JS v. Reynolds and Wilson–A] Praecipe, circa 11 September 1843 [JS v. Reynolds and Wilson–A] Subpoena, 12 September 1843 [JS v. Reynolds and Wilson–A] Pleas, circa 13 September 1843 [JS v. Reynolds and Wilson–A] Demurrer, circa 14 September 1843–A [JS v. Reynolds and Wilson–A] Demurrer, circa 14 September 1843–B [JS v. Reynolds and Wilson–A] Asa B. Searles, Affidavit, 15 September 1843 [JS v. Reynolds and Wilson–A] Notice, 7 November 1843 [JS v. Reynolds and Wilson–A] Affidavit, 7 November 1843 [JS v. Reynolds and Wilson–A] Praecipe, 18 April 1844 [JS v. Reynolds and Wilson–A] Subpoena, 20 April 1844–A [JS v. Reynolds and Wilson–A] Subpoena, 20 April 1844–B [JS v. Reynolds and Wilson–A] Replication, circa 7 May 1844 [JS v. Reynolds and Wilson–A] Demurrer, circa 8 May 1844 [JS v. Reynolds and Wilson–A] Replication, circa 8 May 1844 [JS v. Reynolds and Wilson–A] Attachment, 9 May 1844 [JS v. Reynolds and Wilson–A] Verdict, 10 May 1844 [JS v. Reynolds and Wilson–A] Asa B. Searles, Affidavit, 10 May 1844 [JS v. Reynolds and Wilson–A] John Dixon, Affidavit, 10 May 1844–A [JS v. Reynolds and Wilson–A] John Dixon, Affidavit, 10 May 1844–B [JS v. Reynolds and Wilson–A] Harmon Wasson, Affidavit, 10 May 1844–A [JS v. Reynolds and Wilson–A] Harmon Wasson, Affidavit, 10 May 1844–B [JS v. Reynolds and Wilson–A] William Clayton, Affidavit, 10 May 1844 [JS v. Reynolds and Wilson–A] Lucien Sanger, Affidavit, 10 May 1844 [JS v. Reynolds and Wilson–A] John B. Nash, Affidavit, 10 May 1844 [JS v. Reynolds and Wilson–A] Benjamin Wasson, Affidavit, 10 May 1844–A [JS v. Reynolds and Wilson–A] Benjamin Wasson, Affidavit, 10 May 1844–B [JS v. Reynolds and Wilson–A] Stephen Markham, Affidavit, 10 May 1844–A [JS v. Reynolds and Wilson–A] Stephen Markham, Affidavit, 10 May 1844–B [JS v. Reynolds and Wilson–A] Fieri Facias, 23 January 1845 [JS v. Reynolds and Wilson–A] Bill of Costs, 23 January 1845 [JS v. Reynolds and Wilson–A] Docket Entry, Certificate of Levy, 14 April 1845 [JS v. Reynolds and Wilson–A]

Affidavit, 24 June 1843 [JS v. Reynolds and Wilson–A]

Source Note

JS, Affidavit, before Charles Chase,
Dixon

Post village in northwestern Illinois, located on Rock River. Area settled and ferry established, spring 1828. Post office established, 1829. John Dixon settled in area with family, 11 Apr. 1830, and purchased ferry. Fort built in area during Black Hawk War...

More Info
, Lee Co., IL, 24 June 1843, JS v. Reynolds and Wilson (Lee Co., IL, Circuit Court 1844); handwriting of
Edward Southwick

10 Aug. 1812–26 Nov. 1857. Lawyer. Born in Troy, Rensselaer Co., New York. Son of Edward Southwick and Catherine Wilkinson. Studied law in Brooklyn, Kings Co., New York. Admitted to New York bar, 1836. Moved to Peoria, Peoria Co., Illinois, fall 1836. Admitted...

View Full Bio
and
Shepherd Patrick

28 Mar. 1815–2 Oct. 1877. Lawyer, farmer. Born in Wysox, Bradford Co., Pennsylvania. Son of Shepard Patrick and Catherine Goodwin. Admitted to bar, 1841, in Bradford Co. Practiced law in Dixon, Lee Co., Illinois, by early 1840s. Served as legal counsel for...

View Full Bio
; signature of JS; certified by Charles Chase, 24 June 1843; docket by Charles Chase, [
Dixon

Post village in northwestern Illinois, located on Rock River. Area settled and ferry established, spring 1828. Post office established, 1829. John Dixon settled in area with family, 11 Apr. 1830, and purchased ferry. Fort built in area during Black Hawk War...

More Info
, Lee Co., IL, 24 June 1843]; notation by Charles Chase, 24 June 1843; docket by unidentified scribe, [ca. 25 June 1843]; three pages; first leaf of bifolium at BYU; photostat of verso of second leaf in JS v. Joseph H. Reynolds and Harmon T. Wilson, 1843–1845, CHL.
Bifolium measuring 12¼ × 7½ inches (31 × 19 cm). The affidavit was folded, and the leaves subsequently became separated. The second leaf is apparently not extant.
After its creation and use in JS’s legal proceedings, the document was presumably stored in the
Lee County

Located in north-central Illinois, with part of northern county boundary formed by Rock River. Fertile agricultural area. French trappers frequented area, by 1780. Second Black Hawk campaign fought in area, 1832. Illinois Central Railroad construction began...

More Info
Courthouse during the remainder of the nineteenth century and for much of the twentieth century. By 1973, photostats of the first leaf and the verso of the second leaf had been donated to the Church Historical Department (now CHL). It is unclear from the photostats whether the leaves were still connected at that point.
1

See Johnson, Register of the Joseph Smith Collection, 5, 9.


Comprehensive Works Cited

Johnson, Jeffery O. Register of the Joseph Smith Collection in the Church Archives, the Church of Jesus Christ of Latter-day Saints. Salt Lake City: Historical Department of the Church of Jesus Christ of Latter-day Saints, 1973.

In 1982, Lee County Circuit Court files were transferred to the Illinois Regional Archives Depository at Northern Illinois University in DeKalb, Illinois.
2

Inventory, 25 Oct. 1982, Lee Co., IL, Circuit Court Case Records, 1840–1940, Founders Memorial Library, Northern Illinois University, DeKalb.


Comprehensive Works Cited

Inventory, 25 Oct. 1982. Lee Co., IL, Circuit Court Case Records, 1840–1940. Founders Memorial Library, Northern Illinois University, DeKalb.

On an unknown date, the affidavit was removed from the case file. By 1998, the first leaf, which contains the text of the affidavit, was acquired by Brigham Young University.
3

See Case File for JS, Deposition, 24 June 1843, BYU.


Comprehensive Works Cited

Nineteenth-Century Western and Mormon Manuscripts. BYU.

The second leaf has not been located.

Footnotes

  1. [1]

    See Johnson, Register of the Joseph Smith Collection, 5, 9.

    Johnson, Jeffery O. Register of the Joseph Smith Collection in the Church Archives, the Church of Jesus Christ of Latter-day Saints. Salt Lake City: Historical Department of the Church of Jesus Christ of Latter-day Saints, 1973.

  2. [2]

    Inventory, 25 Oct. 1982, Lee Co., IL, Circuit Court Case Records, 1840–1940, Founders Memorial Library, Northern Illinois University, DeKalb.

    Inventory, 25 Oct. 1982. Lee Co., IL, Circuit Court Case Records, 1840–1940. Founders Memorial Library, Northern Illinois University, DeKalb.

  3. [3]

    See Case File for JS, Deposition, 24 June 1843, BYU.

    Nineteenth-Century Western and Mormon Manuscripts. BYU.

Historical Introduction

On 24 June 1843, JS filed an affidavit with the circuit court in
Lee County

Located in north-central Illinois, with part of northern county boundary formed by Rock River. Fertile agricultural area. French trappers frequented area, by 1780. Second Black Hawk campaign fought in area, 1832. Illinois Central Railroad construction began...

More Info
, Illinois, recounting his arrest the previous day near
Dixon

Post village in northwestern Illinois, located on Rock River. Area settled and ferry established, spring 1828. Post office established, 1829. John Dixon settled in area with family, 11 Apr. 1830, and purchased ferry. Fort built in area during Black Hawk War...

More Info
, Illinois.
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
had issued a warrant for JS’s arrest on 17 June 1843 in compliance with a demand by
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
state officials that JS be apprehended and extradited to stand trial on a charge of treason allegedly committed during the 1838 conflict between the Latter-day Saints and their antagonists in Missouri. JS prepared the affidavit as part of a civil lawsuit against two law officers, Constable
Harmon T. Wilson

1 Feb. 1815–27 June 1851. Merchant, deputy sheriff. Born in Montgomery Co., Virginia. Son of John Wilson and Elizabeth Cummins. Moved to Christianburg, Montgomery Co., by 7 Aug. 1820; to Newbern, Montgomery Co., by June 1830; and to Hancock Co., Illinois,...

View Full Bio
of
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, who had served Ford’s warrant, and Sheriff
Joseph H. Reynolds

1813–29 Mar. 1884. Grocer, government official. Born in Lincoln Co., Kentucky. Moved to Independence, Jackson Co., Missouri, 1834. Elected county coroner, Aug. 1836, and justice of the peace, 1837. Served in Seminole War. Married first, by June 1840. Served...

View Full Bio
of
Jackson County

Settled at Fort Osage, 1808. County created, 16 Feb. 1825; organized 1826. Named after U.S. president Andrew Jackson. Featured fertile lands along Missouri River and was Santa Fe Trail departure point, which attracted immigrants to area. Area of county reduced...

More Info
, Missouri, the agent authorized to transport JS to Missouri.
1

Copies of the power of attorney designating Reynolds as the agent authorized to convey JS to Missouri and the warrant are featured with JS’s petition to the Nauvoo Municipal Court. (Petition to Nauvoo Municipal Court, 30 June 1843; Indictment, Daviess Co., MO, [5] June 1843, State of Missouri v. JS for Treason [Daviess Co. Cir. Ct. 1843], Western Americana Collection, Beinecke Rare Book and Manuscript Library, Yale University, New Haven, CT.)


JS, his wife
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
, and their children had departed
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
on 13 June 1843 to visit Emma’s sister Elizabeth Hale Wasson, who lived with her husband, Benjamin Wasson, at Palestine Grove, Lee County, approximately one hundred and thirty miles northeast 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....

More Info
.
2

JS, Journal, 13 June 1843; Chase, “Township of Amboy,” 57–58.


Comprehensive Works Cited

Chase, D. G. “Township of Amboy.” In Recollections of the Pioneers of Lee County, [edited by Seraphina Gardner Smith], 9–157. Dixon, IL: Inez A. Kennedy, 1893.

News of
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
issuing the arrest warrant reached Nauvoo on 18 June, leading JS’s clerk
William Clayton

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charnock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into Church of Jesus Christ of Latter-day Saints by Heber...

View Full Bio
and
church

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...

View Glossary
member
Stephen Markham

9 Feb. 1800–10 Mar. 1878. Carpenter, farmer, stock raiser. Born at Rush (later Avon), Ontario Co., New York. Son of David Markham and Dinah Merry. Moved to Mentor, Geauga Co., Ohio, 1809. Moved to Unionville, Geauga Co., 1810. Married Hannah Hogaboom, before...

View Full Bio
to depart the city in an effort to warn JS. Clayton and Markham arrived at the Wasson home on 21 June and informed JS of Ford’s warrant.
3

JS, Journal, 18 June 1843; Clayton, Journal, 18 and 21 June 1843.


Comprehensive Works Cited

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

It is possible that
Wilson

1 Feb. 1815–27 June 1851. Merchant, deputy sheriff. Born in Montgomery Co., Virginia. Son of John Wilson and Elizabeth Cummins. Moved to Christianburg, Montgomery Co., by 7 Aug. 1820; to Newbern, Montgomery Co., by June 1830; and to Hancock Co., Illinois,...

View Full Bio
and
Reynolds

1813–29 Mar. 1884. Grocer, government official. Born in Lincoln Co., Kentucky. Moved to Independence, Jackson Co., Missouri, 1834. Elected county coroner, Aug. 1836, and justice of the peace, 1837. Served in Seminole War. Married first, by June 1840. Served...

View Full Bio
were apprised of the Smiths’ trip and sought to arrest JS while he was outside
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
. They approached the Wasson residence the afternoon of 23 June, pretending to be Latter-day Saint missionaries. JS attempted to elude them by exiting through the rear of the house but was intercepted and accosted by Wilson and Reynolds. The lawmen trained their pistols on JS, threatening to shoot him if he resisted. They also struck JS repeatedly with their firearms. JS later stated that when he asked them by what authority they acted, they refused to show him
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
’s warrant. When
Markham

9 Feb. 1800–10 Mar. 1878. Carpenter, farmer, stock raiser. Born at Rush (later Avon), Ontario Co., New York. Son of David Markham and Dinah Merry. Moved to Mentor, Geauga Co., Ohio, 1809. Moved to Unionville, Geauga Co., 1810. Married Hannah Hogaboom, before...

View Full Bio
attempted to aid JS, the officers threatened him with their guns and warned him not to interfere. Wilson and Reynolds then forced JS into their wagon and drove him about ten miles to
Dixon

Post village in northwestern Illinois, located on Rock River. Area settled and ferry established, spring 1828. Post office established, 1829. John Dixon settled in area with family, 11 Apr. 1830, and purchased ferry. Fort built in area during Black Hawk War...

More Info
, the
Lee County

Located in north-central Illinois, with part of northern county boundary formed by Rock River. Fertile agricultural area. French trappers frequented area, by 1780. Second Black Hawk campaign fought in area, 1832. Illinois Central Railroad construction began...

More Info
seat, where they hoped to acquire fresh horses to transport 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
. The two officers confined JS in the tavern belonging to a “Mr. McKennie” and reportedly refused JS access to an attorney. Markham rode ahead to Dixon and met with
Clayton

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charnock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into Church of Jesus Christ of Latter-day Saints by Heber...

View Full Bio
, who had gone into town earlier in the day, and they worked with local citizens to hire legal counsel. Attorneys
Shepherd Patrick

28 Mar. 1815–2 Oct. 1877. Lawyer, farmer. Born in Wysox, Bradford Co., Pennsylvania. Son of Shepard Patrick and Catherine Goodwin. Admitted to bar, 1841, in Bradford Co. Practiced law in Dixon, Lee Co., Illinois, by early 1840s. Served as legal counsel for...

View Full Bio
and
Edward Southwick

10 Aug. 1812–26 Nov. 1857. Lawyer. Born in Troy, Rensselaer Co., New York. Son of Edward Southwick and Catherine Wilkinson. Studied law in Brooklyn, Kings Co., New York. Admitted to New York bar, 1836. Moved to Peoria, Peoria Co., Illinois, fall 1836. Admitted...

View Full Bio
agreed to represent JS;
Cyrus Walker

6 May 1791–Dec. 1875. Lawyer. Born in Rockbridge Co., Virginia. Son of Alexander Walker and Mary Magdalene Hammond. Presbyterian. Moved to Adair Co., Kentucky, ca. 1794. Lived in Columbia, Adair Co., by 1810. Married Flora Montgomery, 30 Jan. 1817, in Adair...

View Full Bio
, an attorney who was campaigning nearby for election to Congress, subsequently joined JS’s legal team.
4

Clayton, Journal, 23 June 1843; “Missouri vs Joseph Smith,” Times and Seasons, 1 July 1843, 4:242; Letter from Edward Southwick, 29 July 1843; JS, Declaration, ca. 18 Aug. 1843, JS v. Reynolds and Wilson (Lee Co. Cir. Ct. 1843), photocopy, JS Collection, CHL; JS History, vol. D-1, 1583–1584.


Comprehensive Works Cited

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

Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

During the evening of 23 June, the lawyers initiated several legal actions intended to delay the extradition and secure JS’s freedom. First, the attorneys brought criminal charges against
Wilson

1 Feb. 1815–27 June 1851. Merchant, deputy sheriff. Born in Montgomery Co., Virginia. Son of John Wilson and Elizabeth Cummins. Moved to Christianburg, Montgomery Co., by 7 Aug. 1820; to Newbern, Montgomery Co., by June 1830; and to Hancock Co., Illinois,...

View Full Bio
and
Reynolds

1813–29 Mar. 1884. Grocer, government official. Born in Lincoln Co., Kentucky. Moved to Independence, Jackson Co., Missouri, 1834. Elected county coroner, Aug. 1836, and justice of the peace, 1837. Served in Seminole War. Married first, by June 1840. Served...

View Full Bio
before a local justice of the peace for their treatment of JS and
Markham

9 Feb. 1800–10 Mar. 1878. Carpenter, farmer, stock raiser. Born at Rush (later Avon), Ontario Co., New York. Son of David Markham and Dinah Merry. Moved to Mentor, Geauga Co., Ohio, 1809. Moved to Unionville, Geauga Co., 1810. Married Hannah Hogaboom, before...

View Full Bio
during the arrest. The lawyers also helped JS obtain 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
, a common law writ that would allow an
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
circuit court judge to review the legality of the arrest.
5

Clayton, Journal, 23 June 1843; Edward Southwick, St. Louis, MO, 12 July 1843, Letter to the Editor, Old School Democrat and Saint Louis Herald, 12 July 1843, [2]; “Habeas Corpus,” in Bouvier, Law Dictionary, 1:454; see also “Part 4: June–July 1843.”


Comprehensive Works Cited

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

Old School Democrat and Saint Louis Herald. St Louis, MO. 1843–1844.

Bouvier, John. A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; With References to the Civil and Other Systems of Foreign Law. 2 vols. Philadelphia: Deacon and Peterson, 1854.

They also filed a civil lawsuit against the two lawmen brought under a “
plea of Trespass

“An unlawful act committed with violence, vi et armis, to the person, property or relative rights of another.” This could include the “carrying away, to the damage of the plaintiff,” of property. The violence may be actual or implied. “Of actual violence,...

View Glossary
,” a common law action referring to “an unlawful act committed with violence, vi et armis, to the person, property or relative rights of another.”
6

“Trespass,” in Bouvier, Law Dictionary, 2:449, italics in original.


Comprehensive Works Cited

Bouvier, John. A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; With References to the Civil and Other Systems of Foreign Law. 2 vols. Philadelphia: Deacon and Peterson, 1854.

The suit sought $10,000 in damages.
Patrick

28 Mar. 1815–2 Oct. 1877. Lawyer, farmer. Born in Wysox, Bradford Co., Pennsylvania. Son of Shepard Patrick and Catherine Goodwin. Admitted to bar, 1841, in Bradford Co. Practiced law in Dixon, Lee Co., Illinois, by early 1840s. Served as legal counsel for...

View Full Bio
filed a request asking the
Lee County

Located in north-central Illinois, with part of northern county boundary formed by Rock River. Fertile agricultural area. French trappers frequented area, by 1780. Second Black Hawk campaign fought in area, 1832. Illinois Central Railroad construction began...

More Info
Circuit Court to issue a writ of
capias ad respondendum

Latin for “that you take until answer”; a writ commanding an officer to arrest a defendant to answer the plaintiff’s plea. A defendant arrested on this writ was committed to prison unless a bail bond was given. The amount of bail would be endorsed on the ...

View Glossary
, or a warrant ordering the county sheriff to take Reynolds and Wilson into custody.
7

Praecipe, 23 June 1843, JS v. Reynolds and Wilson (Lee Co. Cir. Ct. 1843), photocopy, JS Collection, CHL.


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
law required any request for a writ of capias ad respondendum to be accompanied by an affidavit detailing the wrong committed and showing how the “damages sustained” were “in danger of being lost,” thereby requiring the apprehension of the defendant.
8

An Act concerning Special Bail [26 Jan. 1827], Public and General Statute Laws of the State of Illinois, p. 88, sec. 1.


Comprehensive Works Cited

The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

During the morning of 24 June 1843, JS prepared the affidavit featured here with the assistance of
Patrick

28 Mar. 1815–2 Oct. 1877. Lawyer, farmer. Born in Wysox, Bradford Co., Pennsylvania. Son of Shepard Patrick and Catherine Goodwin. Admitted to bar, 1841, in Bradford Co. Practiced law in Dixon, Lee Co., Illinois, by early 1840s. Served as legal counsel for...

View Full Bio
and
Southwick

10 Aug. 1812–26 Nov. 1857. Lawyer. Born in Troy, Rensselaer Co., New York. Son of Edward Southwick and Catherine Wilkinson. Studied law in Brooklyn, Kings Co., New York. Admitted to New York bar, 1836. Moved to Peoria, Peoria Co., Illinois, fall 1836. Admitted...

View Full Bio
, who inscribed the text, perhaps at JS’s dictation. The affidavit claimed that on 23 June 1843, JS “was forcibly and against his will and consent arrested” by the two lawmen, that his life was threatened, and that the arrest was “illegal and without competent authority of Law.” The document included the statutory reference to damages in danger of being lost unless the defendants were apprehended and then held to bail. After JS signed the affidavit, Charles Chase, clerk of the
Lee County

Located in north-central Illinois, with part of northern county boundary formed by Rock River. Fertile agricultural area. French trappers frequented area, by 1780. Second Black Hawk campaign fought in area, 1832. Illinois Central Railroad construction began...

More Info
Circuit Court, certified the sworn statement and filed it.
Upon receiving the affidavit, Chase issued the writ of capias ad respondendum, which ordered
Lee County

Located in north-central Illinois, with part of northern county boundary formed by Rock River. Fertile agricultural area. French trappers frequented area, by 1780. Second Black Hawk campaign fought in area, 1832. Illinois Central Railroad construction began...

More Info
sheriff James Campbell to arrest
Wilson

1 Feb. 1815–27 June 1851. Merchant, deputy sheriff. Born in Montgomery Co., Virginia. Son of John Wilson and Elizabeth Cummins. Moved to Christianburg, Montgomery Co., by 7 Aug. 1820; to Newbern, Montgomery Co., by June 1830; and to Hancock Co., Illinois,...

View Full Bio
and
Reynolds

1813–29 Mar. 1884. Grocer, government official. Born in Lincoln Co., Kentucky. Moved to Independence, Jackson Co., Missouri, 1834. Elected county coroner, Aug. 1836, and justice of the peace, 1837. Served in Seminole War. Married first, by June 1840. Served...

View Full Bio
and required both of them to enter into recognizances binding them to appear at the next circuit court session. Campbell arrested Reynolds and Wilson, but the two men were unable to secure their immediate release, as they needed to send for bondsmen.
9

Capias ad Respondendum, 24 June 1843, JS v. Reynolds and Wilson (Lee Co. Cir. Ct. 1843), microfilm, CHL; see also Clayton, Journal, 24 June 1843.


Comprehensive Works Cited

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

On 26 June 1843, JS, his attorneys, Reynolds, Wilson, Campbell, and a few others departed
Dixon

Post village in northwestern Illinois, located on Rock River. Area settled and ferry established, spring 1828. Post office established, 1829. John Dixon settled in area with family, 11 Apr. 1830, and purchased ferry. Fort built in area during Black Hawk War...

More Info
. Although their stated destination was
Quincy

Located on high limestone bluffs east of Mississippi River, about forty-five miles south of Nauvoo. Settled 1821. Adams Co. seat, 1825. Incorporated as town, 1834. Received city charter, 1840. Population in 1835 about 800; in 1840 about 2,300; and in 1845...

More Info
, Illinois, in order to appear before an
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
judge willing to evaluate the warrant, at some point JS and his attorneys decided instead to appear before 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 on habeas corpus. The party arrived in Nauvoo on 30 June, and the municipal court discharged JS the following day, citing a lack of “substance in the warrant upon which he was arrested as well as upon the merits of said Case.”
10

Minutes, 1 July 1843, Extradition of JS for Treason (Nauvoo Mun. Ct. 1843), JS Collection, CHL; see also “Arrest of Joseph Smith,” Nauvoo Neighbor, 19 July 1843, [2]; Edward Southwick, St. Louis, MO, 12 July 1843, Letter to the Editor, Old School Democrat and Saint Louis Herald, 12 July 1843, [2]; JS History, vol. D-1, 1587–1592; Clayton, Journal, 30 June 1843; JS, Journal, 1 July 1843; “Part 4: June–July 1843”; and Historical Introduction to Petition to Nauvoo Municipal Court, 30 June 1843.


Comprehensive Works Cited

Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

Old School Democrat and Saint Louis Herald. St Louis, MO. 1843–1844.

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

On 1 July, in
Carthage

Located eighteen miles southeast of Nauvoo. Settled 1831. Designated Hancock Co. seat, Mar. 1833. Incorporated as town, 27 Feb. 1837. Population in 1839 about 300. Population in 1844 about 400. Site of acute opposition to Latter-day Saints, early 1840s. Site...

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, Illinois,
Reynolds

1813–29 Mar. 1884. Grocer, government official. Born in Lincoln Co., Kentucky. Moved to Independence, Jackson Co., Missouri, 1834. Elected county coroner, Aug. 1836, and justice of the peace, 1837. Served in Seminole War. Married first, by June 1840. Served...

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and
Wilson

1 Feb. 1815–27 June 1851. Merchant, deputy sheriff. Born in Montgomery Co., Virginia. Son of John Wilson and Elizabeth Cummins. Moved to Christianburg, Montgomery Co., by 7 Aug. 1820; to Newbern, Montgomery Co., by June 1830; and to Hancock Co., Illinois,...

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were able to secure bondsmen, and they were released from James Campbell’s custody on the condition that they appear at the
Lee County

Located in north-central Illinois, with part of northern county boundary formed by Rock River. Fertile agricultural area. French trappers frequented area, by 1780. Second Black Hawk campaign fought in area, 1832. Illinois Central Railroad construction began...

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Circuit Court at the next term for the trial.
11

Illinois law required the sheriff to take “sufficient security in a penalty of double the sum for which bail is required.” Since Chase had set the bail amount at $200, Reynolds, along with his bondsman, signed a recognizance for $400, while Wilson and his bondsman signed a separate recognizance for the same amount. (An Act concerning Special Bail [26 Jan. 1827], Public and General Statute Laws of the State of Illinois, p. 88, sec. 2; Recognizance for Harmon T. Wilson, [Carthage, IL], 1 July 1843; Recognizance for Joseph H. Reynolds, [Carthage, IL], 1 July 1843, JS v. Reynolds and Wilson [Lee Co. Cir. Ct. 1843], microfilm, CHL; [Edward Southwick], “Statement,” Warsaw [IL] Message, Extra, 12 July 1843, [1].)


Comprehensive Works Cited

The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

Warsaw Message. Warsaw, IL. 1843–1844.

After being delayed in the September 1843 term, JS v. Reynolds and Wilson was heard in May 1844. A jury found that Reynolds and Wilson had used “unnecessary force and voilence” in the arrest and awarded JS forty dollars in damages.
12

Clayton, Journal, 9–10 May 1844; Verdict, 10 May 1844, JS v. Reynolds and Wilson (Lee Co. Cir. Ct. 1844), microfilm, CHL. The case was postponed until May 1844 because “there were so many cases on the docket.” (JS, Journal, 23 Sept. 1843; see also Historical Introduction to JS v. Reynolds and Wilson.)


Comprehensive Works Cited

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

See also Introduction to JS v. Reynolds and Wilson.

Footnotes

  1. [1]

    Copies of the power of attorney designating Reynolds as the agent authorized to convey JS to Missouri and the warrant are featured with JS’s petition to the Nauvoo Municipal Court. (Petition to Nauvoo Municipal Court, 30 June 1843; Indictment, Daviess Co., MO, [5] June 1843, State of Missouri v. JS for Treason [Daviess Co. Cir. Ct. 1843], Western Americana Collection, Beinecke Rare Book and Manuscript Library, Yale University, New Haven, CT.)

  2. [2]

    JS, Journal, 13 June 1843; Chase, “Township of Amboy,” 57–58.

    Chase, D. G. “Township of Amboy.” In Recollections of the Pioneers of Lee County, [edited by Seraphina Gardner Smith], 9–157. Dixon, IL: Inez A. Kennedy, 1893.

  3. [3]

    JS, Journal, 18 June 1843; Clayton, Journal, 18 and 21 June 1843.

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

  4. [4]

    Clayton, Journal, 23 June 1843; “Missouri vs Joseph Smith,” Times and Seasons, 1 July 1843, 4:242; Letter from Edward Southwick, 29 July 1843; JS, Declaration, ca. 18 Aug. 1843, JS v. Reynolds and Wilson (Lee Co. Cir. Ct. 1843), photocopy, JS Collection, CHL; JS History, vol. D-1, 1583–1584.

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

    Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

  5. [5]

    Clayton, Journal, 23 June 1843; Edward Southwick, St. Louis, MO, 12 July 1843, Letter to the Editor, Old School Democrat and Saint Louis Herald, 12 July 1843, [2]; “Habeas Corpus,” in Bouvier, Law Dictionary, 1:454; see also “Part 4: June–July 1843.”

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

    Old School Democrat and Saint Louis Herald. St Louis, MO. 1843–1844.

    Bouvier, John. A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; With References to the Civil and Other Systems of Foreign Law. 2 vols. Philadelphia: Deacon and Peterson, 1854.

  6. [6]

    “Trespass,” in Bouvier, Law Dictionary, 2:449, italics in original.

    Bouvier, John. A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; With References to the Civil and Other Systems of Foreign Law. 2 vols. Philadelphia: Deacon and Peterson, 1854.

  7. [7]

    Praecipe, 23 June 1843, JS v. Reynolds and Wilson (Lee Co. Cir. Ct. 1843), photocopy, JS Collection, CHL.

  8. [8]

    An Act concerning Special Bail [26 Jan. 1827], Public and General Statute Laws of the State of Illinois, p. 88, sec. 1.

    The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

  9. [9]

    Capias ad Respondendum, 24 June 1843, JS v. Reynolds and Wilson (Lee Co. Cir. Ct. 1843), microfilm, CHL; see also Clayton, Journal, 24 June 1843.

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

  10. [10]

    Minutes, 1 July 1843, Extradition of JS for Treason (Nauvoo Mun. Ct. 1843), JS Collection, CHL; see also “Arrest of Joseph Smith,” Nauvoo Neighbor, 19 July 1843, [2]; Edward Southwick, St. Louis, MO, 12 July 1843, Letter to the Editor, Old School Democrat and Saint Louis Herald, 12 July 1843, [2]; JS History, vol. D-1, 1587–1592; Clayton, Journal, 30 June 1843; JS, Journal, 1 July 1843; “Part 4: June–July 1843”; and Historical Introduction to Petition to Nauvoo Municipal Court, 30 June 1843.

    Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

    Old School Democrat and Saint Louis Herald. St Louis, MO. 1843–1844.

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

  11. [11]

    Illinois law required the sheriff to take “sufficient security in a penalty of double the sum for which bail is required.” Since Chase had set the bail amount at $200, Reynolds, along with his bondsman, signed a recognizance for $400, while Wilson and his bondsman signed a separate recognizance for the same amount. (An Act concerning Special Bail [26 Jan. 1827], Public and General Statute Laws of the State of Illinois, p. 88, sec. 2; Recognizance for Harmon T. Wilson, [Carthage, IL], 1 July 1843; Recognizance for Joseph H. Reynolds, [Carthage, IL], 1 July 1843, JS v. Reynolds and Wilson [Lee Co. Cir. Ct. 1843], microfilm, CHL; [Edward Southwick], “Statement,” Warsaw [IL] Message, Extra, 12 July 1843, [1].)

    The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

    Warsaw Message. Warsaw, IL. 1843–1844.

  12. [12]

    Clayton, Journal, 9–10 May 1844; Verdict, 10 May 1844, JS v. Reynolds and Wilson (Lee Co. Cir. Ct. 1844), microfilm, CHL. The case was postponed until May 1844 because “there were so many cases on the docket.” (JS, Journal, 23 Sept. 1843; see also Historical Introduction to JS v. Reynolds and Wilson.)

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

Page [1]

Shepherd Patrick handwriting begins.


Joseph Smith)
of the Sept. Term of the
Lee County

Located in north-central Illinois, with part of northern county boundary formed by Rock River. Fertile agricultural area. French trappers frequented area, by 1780. Second Black Hawk campaign fought in area, 1832. Illinois Central Railroad construction began...

More Info
Circt. Court A.D. 1843—
vs.)
Joseph H. Reynolds

1813–29 Mar. 1884. Grocer, government official. Born in Lincoln Co., Kentucky. Moved to Independence, Jackson Co., Missouri, 1834. Elected county coroner, Aug. 1836, and justice of the peace, 1837. Served in Seminole War. Married first, by June 1840. Served...

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)
&)
Harmon G. Wilson [Harmon T. Wilson]

1 Feb. 1815–27 June 1851. Merchant, deputy sheriff. Born in Montgomery Co., Virginia. Son of John Wilson and Elizabeth Cummins. Moved to Christianburg, Montgomery Co., by 7 Aug. 1820; to Newbern, Montgomery Co., by June 1830; and to Hancock Co., Illinois,...

View Full Bio
)
Joseph Smith being duly sworn saith that

Shepherd Patrick handwriting ends; Edward Southwick begins.


that on the twenty third day of June A.D. one thousand Eight hundred and forty three he was forcibly and against his will and consent arrested and taken into custody at and within said County of
Lee

Located in north-central Illinois, with part of northern county boundary formed by Rock River. Fertile agricultural area. French trappers frequented area, by 1780. Second Black Hawk campaign fought in area, 1832. Illinois Central Railroad construction began...

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at the house of one Benjamin Wasson by the above named
Joseph H. Reynolds

1813–29 Mar. 1884. Grocer, government official. Born in Lincoln Co., Kentucky. Moved to Independence, Jackson Co., Missouri, 1834. Elected county coroner, Aug. 1836, and justice of the peace, 1837. Served in Seminole War. Married first, by June 1840. Served...

View Full Bio
and
Harmon G. Wilson

1 Feb. 1815–27 June 1851. Merchant, deputy sheriff. Born in Montgomery Co., Virginia. Son of John Wilson and Elizabeth Cummins. Moved to Christianburg, Montgomery Co., by 7 Aug. 1820; to Newbern, Montgomery Co., by June 1830; and to Hancock Co., Illinois,...

View Full Bio
the above defendants and by them forcibly compelled to go to the Town of
Dixon

Post village in northwestern Illinois, located on Rock River. Area settled and ferry established, spring 1828. Post office established, 1829. John Dixon settled in area with family, 11 Apr. 1830, and purchased ferry. Fort built in area during Black Hawk War...

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in said
County

Located in north-central Illinois, with part of northern county boundary formed by Rock River. Fertile agricultural area. French trappers frequented area, by 1780. Second Black Hawk campaign fought in area, 1832. Illinois Central Railroad construction began...

More Info
, at which said Town of
Dixon

Post village in northwestern Illinois, located on Rock River. Area settled and ferry established, spring 1828. Post office established, 1829. John Dixon settled in area with family, 11 Apr. 1830, and purchased ferry. Fort built in area during Black Hawk War...

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this deponent was on the said twenty third day of June forcibly as aforesaid held in custody and duress in and is now in custody and duress at said Town of
Dixon

Post village in northwestern Illinois, located on Rock River. Area settled and ferry established, spring 1828. Post office established, 1829. John Dixon settled in area with family, 11 Apr. 1830, and purchased ferry. Fort built in area during Black Hawk War...

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by said Defendants and this deponent further says that he has remained in custody and duress as aforesaid Ever since said arrest up to the present time, and that during the continuance and whilst this deponent was in so in custody as aforesaid the life of this deponent was threatened by said Defendants and during said time last aforesaid this deponent was forcibly by said defendants laid hold of and seized and compelled to go at a late and unsual hour of the night of said twenty third day of June through the streets of said Town of
Dixon

Post village in northwestern Illinois, located on Rock River. Area settled and ferry established, spring 1828. Post office established, 1829. John Dixon settled in area with family, 11 Apr. 1830, and purchased ferry. Fort built in area during Black Hawk War...

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1

Reynolds later explained that “between one and two o’clock in the night” he and Wilson “were compelled to go before a Justice of the Peace” to answer charges for alleged assault and battery on Markham and for denying JS a writ of habeas corpus. Although the two officers hoped to delay the proceedings until daylight, they were required to appear before the justice of the peace with JS in their custody during the “late and unsual hour.” William Clayton confirmed this, noting that “a plan had been laid by the Dixon men to rescue J at this time but they did not succeed.” After Reynolds and Wilson requested that the case be adjourned until morning, JS was returned to the tavern without incident. (Joseph H. Reynolds, St. Louis, MO, 10 July 1843, Letter to the Editor, Old School Democrat and Saint Louis Herald, 10 July 1843, [2]; Clayton, Journal, 23 June 1843.)


Comprehensive Works Cited

Old School Democrat and Saint Louis Herald. St Louis, MO. 1843–1844.

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

and this deponent further says that said arrest and duress was and detaintion was as this deponent is informed and [p. [1]]
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Document Information

Related Case Documents
Editorial Title
Affidavit, 24 June 1843 [JS v. Reynolds and Wilson–A]
ID #
2333
Total Pages
4
Print Volume Location
JSP, D12:399–403
Handwriting on This Page
  • Shepherd Goodwin Patrick
  • Edward Southwick

Footnotes

  1. new scribe logo

    Shepherd Patrick handwriting begins.

  2. new scribe logo

    Shepherd Patrick handwriting ends; Edward Southwick begins.

  3. [1]

    Reynolds later explained that “between one and two o’clock in the night” he and Wilson “were compelled to go before a Justice of the Peace” to answer charges for alleged assault and battery on Markham and for denying JS a writ of habeas corpus. Although the two officers hoped to delay the proceedings until daylight, they were required to appear before the justice of the peace with JS in their custody during the “late and unsual hour.” William Clayton confirmed this, noting that “a plan had been laid by the Dixon men to rescue J at this time but they did not succeed.” After Reynolds and Wilson requested that the case be adjourned until morning, JS was returned to the tavern without incident. (Joseph H. Reynolds, St. Louis, MO, 10 July 1843, Letter to the Editor, Old School Democrat and Saint Louis Herald, 10 July 1843, [2]; Clayton, Journal, 23 June 1843.)

    Old School Democrat and Saint Louis Herald. St Louis, MO. 1843–1844.

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

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