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Affidavit, 7 July 1843–A

Source Note

JS, Affidavit, before
Ebenezer Robinson

25 May 1816–11 Mar. 1891. Printer, editor, publisher. Born at Floyd (near Rome), Oneida Co., New York. Son of Nathan Robinson and Mary Brown. Moved to Utica, Oneida Co., ca. 1831, and learned printing trade at Utica Observer. Moved to Ravenna, Portage Co....

View Full Bio
, [
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
], Hancock Co., IL, 7 July 1843; signed by JS; certified by
Ebenezer Robinson

25 May 1816–11 Mar. 1891. Printer, editor, publisher. Born at Floyd (near Rome), Oneida Co., New York. Son of Nathan Robinson and Mary Brown. Moved to Utica, Oneida Co., ca. 1831, and learned printing trade at Utica Observer. Moved to Ravenna, Portage Co....

View Full Bio
. Featured version copied [ca. 7 July 1843]; handwriting of
Ebenezer Robinson

25 May 1816–11 Mar. 1891. Printer, editor, publisher. Born at Floyd (near Rome), Oneida Co., New York. Son of Nathan Robinson and Mary Brown. Moved to Utica, Oneida Co., ca. 1831, and learned printing trade at Utica Observer. Moved to Ravenna, Portage Co....

View Full Bio
; three pages; JS Collection, CHL. Includes docket, notation, and archival marking.
Bifolium measuring 12½ × 7¾ inches (32 × 20 cm). The document was folded twice horizontally for filing.
The affidavit was docketed by
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...

View Full Bio
, who served as JS’s scribe from December 1841 until JS’s death in June 1844 and served as church historian from December 1842 until his own death in March 1854.
1

JS, Journal, 13 Dec. 1841 and 21 Dec. 1842; Orson Spencer, “Death of Our Beloved Brother Willard Richards,” Deseret News (Salt Lake City), 16 Mar. 1854, [2].


Comprehensive Works Cited

Deseret News. Salt Lake City. 1850–.

A notation was added by Andrew Jenson, who began working in the Church Historian’s Office (later Church Historical Department) in 1891 and served as assistant church historian from 1897 to 1941.
2

Jenson, Autobiography, 192, 389; Cannon, Journal, 9 Feb. 1891; Jenson, Journal, 9 Feb. 1891 and 19 Oct. 1897; Bitton and Arrington, Mormons and Their Historians, 47–52.


Comprehensive Works Cited

Jenson, Andrew. Autobiography of Andrew Jenson: Assistant Historian of the Church of Jesus Christ of Latter-day Saints. . . . Salt Lake City: Deseret News Press, 1938.

Cannon, George Q. Journals, 1855–1864, 1872–1901. CHL. CR 850 1.

Jenson, Andrew. Journals, 1864–1941. Andrew Jenson, Autobiography and Journals, 1864–1941. CHL.

Bitton, David, and Leonard J. Arrington. Mormons and Their Historians. Salt Lake City: University of Utah Press, 1988.

By 1973 the document had been included in the JS Collection at the Church Historical Department (now CHL).
3

See the full bibliographic entry for JS Collection, 1827–1844, in the CHL catalog.


The docket and notation, together with the document’s inclusion in the JS Collection by 1973, indicate continuous institutional custody.

Footnotes

  1. [1]

    JS, Journal, 13 Dec. 1841 and 21 Dec. 1842; Orson Spencer, “Death of Our Beloved Brother Willard Richards,” Deseret News (Salt Lake City), 16 Mar. 1854, [2].

    Deseret News. Salt Lake City. 1850–.

  2. [2]

    Jenson, Autobiography, 192, 389; Cannon, Journal, 9 Feb. 1891; Jenson, Journal, 9 Feb. 1891 and 19 Oct. 1897; Bitton and Arrington, Mormons and Their Historians, 47–52.

    Jenson, Andrew. Autobiography of Andrew Jenson: Assistant Historian of the Church of Jesus Christ of Latter-day Saints. . . . Salt Lake City: Deseret News Press, 1938.

    Cannon, George Q. Journals, 1855–1864, 1872–1901. CHL. CR 850 1.

    Jenson, Andrew. Journals, 1864–1941. Andrew Jenson, Autobiography and Journals, 1864–1941. CHL.

    Bitton, David, and Leonard J. Arrington. Mormons and Their Historians. Salt Lake City: University of Utah Press, 1988.

  3. [3]

    See the full bibliographic entry for JS Collection, 1827–1844, in the CHL catalog.

Historical Introduction

On 7 July 1843 in
Nauvoo

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

More Info
, Illinois, JS prepared an affidavit recounting his experiences in
Missouri

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

More Info
in 1838 and 1839. The affidavit also requested that
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
revoke the warrant he issued for JS’s arrest on 17 June 1843 as part of the effort by Missouri officials to have JS extradited to stand trial on a charge of treason.
1

See “Part 4: June–July 1843.” The warrant is featured with JS’s petition to the Nauvoo Municipal Court. (Petition to Nauvoo Municipal Court, 30 June 1843.)


On 23 June 1843 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, 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,...

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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, arrested JS on Ford’s warrant and then transferred JS to the custody of the agent authorized to extradite JS to Missouri, 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...

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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.
2

Clayton, Journal, 23 June 1843; JS History, vol. D-1, 1581–1582. The power of attorney designating Joseph H. Reynolds as the agent responsible to conveying JS to Missouri is featured with JS’s petition to the Nauvoo Municipal Court. (Petition to Nauvoo Municipal Court, 30 June 1843.)


Comprehensive Works Cited

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

In Dixon, JS obtained legal counsel, and his attorneys secured for him 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
, which would allow him to appear before an Illinois judge who would review the legality of the detention.
3

Clayton, Journal, 23 June 1843; JS History, vol. D-1, 1583–1584; “Habeas Corpus,” in Bouvier, Law Dictionary, 1:454.


Comprehensive Works Cited

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

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.

JS and his party departed Dixon on 26 June 1843, with their stated destination being
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, to appear before a judge there. However, JS and his attorneys instead decided that he would appear before the Nauvoo Municipal Court, which discharged him on 1 July.
4

“Arrest of Joseph Smith,” Nauvoo Neighbor, 19 July 1843, [2]; JS History, vol. D-1, 1586; Edward Southwick, St. Louis, MO, 12 July 1843, Letter to the Editor, Old School Democrat and Saint Louis Herald, 12 July 1843, [2]; Minutes, 1 July 1843, Extradition of JS for Treason (Nauvoo Mun. Ct. 1843), JS Collection, CHL; Docket Entry, ca. 1 July 1843, Extradition of JS for Treason (Nauvoo Mun. Ct. 1843), Nauvoo Municipal Court Docket Book, 55–56; see also “Part 4: June–July 1843.”


Comprehensive Works Cited

Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

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

Following the discharge,
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
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
publicly complained that JS had defied the law and that 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 lacked jurisdiction in the case. They petitioned
Ford

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

View Full Bio
to dispatch the
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
state militia to retake JS.
5

Clayton, Journal, 2 July 1843; JS, Journal, 2 July 1843.


Comprehensive Works Cited

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

Instead of taking immediate action, Ford commissioned attorney
Mason Brayman

23 May 1813–27 Feb. 1895. Farmer, lawyer, printer, editor, soldier, railroad developer, politician. Born in Buffalo, Erie Co., New York. Son of Daniel Brayman and Anna English. Prominent Baptist layman and temperance crusader. Edited Buffalo Bulletin, 1834...

View Full Bio
to investigate the matter and to assure
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
members that the governor intended to both enforce the law and protect the rights of all citizens.
6

Thomas Ford, Springfield, IL, to Mason Brayman, 3 July 1843, Illinois Governor’s Correspondence, 1816–1852, Illinois State Archives, Springfield; see also Historical Introduction to Letter from Mason Brayman, 29 July 1843.


Comprehensive Works Cited

Illinois Governor’s Correspondence, 1816–1852. Illinois State Archives, Springfield.

Brayman arrived in Nauvoo on 7 July 1843 and requested “all the testimony given before the municipal Court & other affts pertaining 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
.” Several Latter-day Saint men assisted in making copies of the testimonies given at the 1 July habeas corpus hearing.
7

Clayton, Journal, 7 July 1843; see also JS, Journal, 7 July 1843.


Comprehensive Works Cited

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

In addition, JS dictated the affidavit featured here to
Ebenezer Robinson

25 May 1816–11 Mar. 1891. Printer, editor, publisher. Born at Floyd (near Rome), Oneida Co., New York. Son of Nathan Robinson and Mary Brown. Moved to Utica, Oneida Co., ca. 1831, and learned printing trade at Utica Observer. Moved to Ravenna, Portage Co....

View Full Bio
, a notary public for
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
, in
Nauvoo

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

More Info
.
8

JS, Journal, 7 July 1843; Ebenezer Robinson, “Items of Personal History of the Editor,” Return, Jan. 1891, 13. The document does not explicitly locate the place of its creation. Like many legal documents, it identified only the state and county. However, JS was in Nauvoo this day. Like JS, Ebenezer Robinson lived in Nauvoo.


Comprehensive Works Cited

The Return. Davis City, IA, 1889–1891; Richmond, MO, 1892–1893; Davis City, 1895–1896; Denver, 1898; Independence, MO, 1899–1900.

In this document, JS recounted the Saints’ experiences in
Missouri

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

More Info
during the 1838 conflict between church members and their antagonists, denied that he committed treason and other crimes, and explained why he was not a fugitive from justice. The affidavit concluded with a plea that
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
revoke the warrant he had issued for JS’s arrest, reflecting JS’s belief that
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
would attempt to arrest him again despite the 1 July 1843 discharge. JS signed the document, after which Robinson certified it. JS also joined
Caleb Baldwin

2 Sept. 1791–11 June 1849. Born in Nobletown (later Hillsdale), Orange Co., New York. Son of Philemon Baldwin and Esther. Served in War of 1812 in Ohio militia. Married Nancy Kingsbury, 7 Dec. 1814, in Cuyahoga Co., Ohio. Moved to Warrensville (later in University...

View Full Bio
and
Alanson Ripley

8 Jan. 1798–before 1860. Surveyor, lawyer. Born at New York. Son of Asa Ripley and Polly Deforest. Married Sarah Finkle. Resided in Massachusetts, 1827. Member of Church of Jesus Christ of Latter-day Saints in Ohio. Participated in Camp of Israel expedition...

View Full Bio
in signing a second affidavit that recounted their experiences in Missouri.
9

Affidavit, 7 July 1843–B; see also Caleb Baldwin et al., Affidavit, Hancock Co., IL, 7 July 1843, JS Office Papers, CHL.


Robinson subsequently made copies of both affidavits.
At some point,
Brayman

23 May 1813–27 Feb. 1895. Farmer, lawyer, printer, editor, soldier, railroad developer, politician. Born in Buffalo, Erie Co., New York. Son of Daniel Brayman and Anna English. Prominent Baptist layman and temperance crusader. Edited Buffalo Bulletin, 1834...

View Full Bio
left
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
with a package of documents for the
governor

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
. It is possible that JS’s 7 July 1843 affidavit was in the package.
10

See Letter from Mason Brayman, 29 July 1843.


However, Brayman apparently departed before all the affidavits and copied documents were completed—on 9 July church member
Shadrach Roundy

1 Jan. 1789–4 July 1872. Merchant. Born at Rockingham, Windham Co., Vermont. Son of Uriah Roundy and Lucretia Needham. Married Betsy Quimby, 22 June 1814, at Rockingham. Lived at Spafford, Onondaga Co., New York. Member of Freewill Baptist Church in Spafford...

View Full Bio
left Nauvoo to deliver a second packet of affidavits and documents to
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
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.
11

JS, Journal, 9 July 1843.


Roundy returned to Nauvoo on 13 July and reported that the governor was away from the capital and that Roundy therefore left the documents with
James Adams

24 Jan. 1783–11 Aug. 1843. Lawyer, judge, insurance agent, land speculator. Born at Simsbury, Hartford Co., Connecticut. Son of Parmenio Adams and Chloe. In New York militia, served as ensign, 1805; as lieutenant; as captain, 1807; and as major, 1811–1815...

View Full Bio
, a prominent member of the church in Springfield.
12

JS, Journal, 13 July 1843; Selby, History of Sangamon County, 10; Walgren, “James Adams,” 122.


Comprehensive Works Cited

Selby, Paul, ed. History of Sangamon County. 2 vols. Historical Encyclopedia of Illinois, edited by Newton Bateman and Paul Selby. Chicago: Munsell Publishing, 1912.

Walgren, Kent L. “James Adams: Early Springfield Mormon and Freemason.” Journal of the Illinois State Historical Society 75 (Summer 1982): 121–136.

Brayman subsequently retrieved these documents from Adams and delivered all of the documentary material—including the 7 July 1843 affidavit—to the governor.
13

Letter from Mason Brayman, 29 July 1843.


Ford returned to Springfield around 20 July and began reviewing the documents and Brayman’s report, concluding by 26 July not to dispatch the militia to retake JS.
14

Letter from Mason Brayman, 29 July 1843; “Illinois and Missouri,” Times and Seasons, 15 Aug. 1843, 4:292.


Comprehensive Works Cited

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

Three days later,
Brayman

23 May 1813–27 Feb. 1895. Farmer, lawyer, printer, editor, soldier, railroad developer, politician. Born in Buffalo, Erie Co., New York. Son of Daniel Brayman and Anna English. Prominent Baptist layman and temperance crusader. Edited Buffalo Bulletin, 1834...

View Full Bio
wrote to inform JS of the governor’s decision, explaining that “the affidavits which you have furnished, so clearly establish the fact that you are not a fugitive from the justice of
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
. . . . It was for the want of the very evidence which those affidavits contain, that he was compelled to issue the last warrant.” Brayman also reported that the warrant, which had been returned to
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
by
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
, was legally “dead,” meaning it could not be used to make another arrest and no revocation was necessary.
15

Letter from Mason Brayman, 29 July 1843.


The original affidavit is apparently not extant. The copy made by
Robinson

25 May 1816–11 Mar. 1891. Printer, editor, publisher. Born at Floyd (near Rome), Oneida Co., New York. Son of Nathan Robinson and Mary Brown. Moved to Utica, Oneida Co., ca. 1831, and learned printing trade at Utica Observer. Moved to Ravenna, Portage Co....

View Full Bio
was evidently retained for documentation and was subsequently preserved among church records. This retained copy is featured here.

Footnotes

  1. [1]

    See “Part 4: June–July 1843.” The warrant is featured with JS’s petition to the Nauvoo Municipal Court. (Petition to Nauvoo Municipal Court, 30 June 1843.)

  2. [2]

    Clayton, Journal, 23 June 1843; JS History, vol. D-1, 1581–1582. The power of attorney designating Joseph H. Reynolds as the agent responsible to conveying JS to Missouri is featured with JS’s petition to the Nauvoo Municipal Court. (Petition to Nauvoo Municipal Court, 30 June 1843.)

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

  3. [3]

    Clayton, Journal, 23 June 1843; JS History, vol. D-1, 1583–1584; “Habeas Corpus,” in Bouvier, Law Dictionary, 1:454.

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

    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.

  4. [4]

    “Arrest of Joseph Smith,” Nauvoo Neighbor, 19 July 1843, [2]; JS History, vol. D-1, 1586; Edward Southwick, St. Louis, MO, 12 July 1843, Letter to the Editor, Old School Democrat and Saint Louis Herald, 12 July 1843, [2]; Minutes, 1 July 1843, Extradition of JS for Treason (Nauvoo Mun. Ct. 1843), JS Collection, CHL; Docket Entry, ca. 1 July 1843, Extradition of JS for Treason (Nauvoo Mun. Ct. 1843), Nauvoo Municipal Court Docket Book, 55–56; see also “Part 4: June–July 1843.”

    Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

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

  5. [5]

    Clayton, Journal, 2 July 1843; JS, Journal, 2 July 1843.

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

  6. [6]

    Thomas Ford, Springfield, IL, to Mason Brayman, 3 July 1843, Illinois Governor’s Correspondence, 1816–1852, Illinois State Archives, Springfield; see also Historical Introduction to Letter from Mason Brayman, 29 July 1843.

    Illinois Governor’s Correspondence, 1816–1852. Illinois State Archives, Springfield.

  7. [7]

    Clayton, Journal, 7 July 1843; see also JS, Journal, 7 July 1843.

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

  8. [8]

    JS, Journal, 7 July 1843; Ebenezer Robinson, “Items of Personal History of the Editor,” Return, Jan. 1891, 13. The document does not explicitly locate the place of its creation. Like many legal documents, it identified only the state and county. However, JS was in Nauvoo this day. Like JS, Ebenezer Robinson lived in Nauvoo.

    The Return. Davis City, IA, 1889–1891; Richmond, MO, 1892–1893; Davis City, 1895–1896; Denver, 1898; Independence, MO, 1899–1900.

  9. [9]

    Affidavit, 7 July 1843–B; see also Caleb Baldwin et al., Affidavit, Hancock Co., IL, 7 July 1843, JS Office Papers, CHL.

  10. [10]

    See Letter from Mason Brayman, 29 July 1843.

  11. [11]

    JS, Journal, 9 July 1843.

  12. [12]

    JS, Journal, 13 July 1843; Selby, History of Sangamon County, 10; Walgren, “James Adams,” 122.

    Selby, Paul, ed. History of Sangamon County. 2 vols. Historical Encyclopedia of Illinois, edited by Newton Bateman and Paul Selby. Chicago: Munsell Publishing, 1912.

    Walgren, Kent L. “James Adams: Early Springfield Mormon and Freemason.” Journal of the Illinois State Historical Society 75 (Summer 1982): 121–136.

  13. [13]

    Letter from Mason Brayman, 29 July 1843.

  14. [14]

    Letter from Mason Brayman, 29 July 1843; “Illinois and Missouri,” Times and Seasons, 15 Aug. 1843, 4:292.

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

  15. [15]

    Letter from Mason Brayman, 29 July 1843.

Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. *Affidavit, 7 July 1843–A History, 1838–1856, volume E-1 [1 July 1843–30 April 1844] “History of Joseph Smith”

Page [2]

or of exterminating them if they should remain within it. (For proof of this fact, see the order of
Gov. [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...

View Full Bio
, dated Oct. 27, 1838, sent herewith) that this deponant and <​his​> people, received notices, warnings and orders from the civil and millitary officers of
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
, as well as from mobs who co-operated with them, to leave the
State

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
and were threatened with death if they refused.
5

In June 1838, church members organized settlements in Missouri’s Daviess and Carroll counties, provoking violent attempts to drive the Saints from both counties. In October 1838, antagonists expelled church members from Carroll County and signaled their intention to repeat the action in Daviess County. When it became apparent that civil and militia authorities would not intervene to protect the Saints, church members organized militarily to defend themselves and launched preemptive attacks on Daviess County towns that were reportedly havens for the church’s antagonists. Latter-day Saint men burned buildings, confiscated goods, and expelled those who were not members of the church from Daviess County. Later that month, a skirmish broke out near the southern border of Caldwell County. Three Latter-day Saints were killed, along with one militiaman who was not a member of the church. After receiving exaggerated reports of the Saints’ military operations, Missouri governor Lilburn W. Boggs declared that “the Mormons must be treated as enemies and must be exterminated or driven from the state if necessary” and directed the state militia to “operate against the Mormons.” (Lilburn W. Boggs, Jefferson City, MO, to John B. Clark, Fayette, MO, 27 Oct. 1838, copy, Mormon War Papers, Missouri State Archives, Jefferson City; “Part 2: 8 July–29 October 1838”; “Part 3: 4 November 1838–16 April 1839.”)


Comprehensive Works Cited

Mormon War Papers, 1838–1841. MSA.

that this deponant, with others was taken prisoner by an armed mob, and oppressed, imprisoned and carried from place to place to place without authority of law.
6

In October 1838, Missouri state militia commanders arrested JS and other church leaders outside of Far West, the principal Latter-day Saint settlement in Caldwell County, Missouri. In November the prisoners were taken to Richmond, Missouri, where they were charged with several crimes allegedly committed during the October conflict between the Saints and their antagonists, including treason against the state of Missouri. Later that month, Judge Austin A. King of the Fifth Judicial Circuit presided at a preliminary hearing to evaluate the evidence against them. King held that there was probable cause to believe that JS and five other Latter-day Saints had committed treason, and they were incarcerated in the jail of Clay County, Missouri, in December 1838 to await a spring trial. (“Part 3: 4 November 1838–16 April 1839”; Historical Introduction to State of Missouri v. Gates et al. for Treason.)


That his whole people comprising at least fifteen thousand families <​people​>

Insertion in the handwriting of Thomas Bullock.


were driven out like wild beasts— that hundreds were murdered by shooting, stabbing, beating, and by having their brains beaten out with clubs— great numbers were starved to death— many died from fatigue and hardships in the fields— women were ravished— children murdered, and every cruelty inflicted.
7

Missouri state militia officials estimated that forty Latter-day Saints were killed during the 1838 conflict between the Saints and their antagonists, including seventeen men and boys at Hawn’s Mill on 30 October. One Missourian who was not a member of the church was also killed. During winter 1838–1839, Far West, Missouri, became a makeshift refugee camp. State militiamen foraged among the livestock and fields of Latter-day Saints in Far West, and antagonists among the state militiamen ransacked church members’ homes and committed acts of sexual violence against Latter-day Saint women. In spring 1839, approximately eight to ten thousand church members began the nearly two-hundred-mile journey out of the state, finding refuge in neighboring Illinois and Iowa Territory. (“Part 3: 4 November 1838–16 April 1839”; Hartley, “Saints’ Forced Exodus from Missouri,” 347–356.)


Comprehensive Works Cited

Hartley, William G. “The Saints’ Forced Exodus from Missouri, 1839.” In Joseph Smith: The Prophet and Seer, edited by Richard Neitzel Holzapfel and Kent P. Jackson, 347–389. Provo, UT: Religious Studies Center, Brigham Young University; Salt Lake City: Deseret Book, 2010.

This Deponant with his comerades was <​were​> imprisoned about six months, and until nearly all his people had been driven out of the
State

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
— that they were then by order of the officers of the
State

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
set at liberty and ordered to flee from the
State

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
— that after they were released, they were pursued by armed men, who endeavored to shoot them— that they thus were pursued out of the
State

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
, and were in peril of their lives as long as they remained within its limits.
8

JS and other Latter-day Saint prisoners were in Missouri state custody from 31 October 1838 until 16 April 1839, spending about four months of that time in the Clay County, Missouri, jail. In early April 1839, they were removed from the jail and transported to Daviess County, where a grand jury indicted them for treason and other crimes allegedly committed during the 1838 conflict in Missouri between the Saints and their antagonists. The prisoners were then granted a change of venue, and while en route to Boone County, Missouri, their guards allowed them to escape on 16 April; they arrived in Illinois on 22 April without injury. (“Part 3: 4 November 1838–16 April 1839”; see also Historical Introduction to Promissory Note to John Brassfield, 16 Apr. 1839.)


And this deponant says that he never committed any crime against the
State

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
<​laws​> of
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
that he never commanded or controlled any Military or other force—
9

While in Missouri, JS claimed exemption from militia service due to his ordination as a minister. He was therefore not part of the Caldwell County regiment of the Missouri state militia, nor did he hold a military position in the Danite society, a private militia composed of Latter-day Saint men in Missouri. Although JS was aware of the Danites, he was not briefed in all of their plans and activities. During church members’ October 1838 military operations in Daviess County, Missouri, JS did not have command in the field, although witnesses testified at the November 1838 hearing that he directed the expeditions from Adam-ondi-Ahman, the church’s primary settlement in the county. (Missouri Constitution of 1820, art. 13, sec. 18; Petition to George Tompkins, between 9 and 15 Mar. 1839; see also Historical Introduction to Constitution of the Society of the Daughter of Zion, ca. Late June 1838; and testimonies of Sampson Avard, George M. Hinkle, John Cleminson, Reed Peck, and William W. Phelps, State of Missouri v. JS et al. for Treason and Other Crimes [Mo. 5th Jud. Cir. 1838], in State of Missouri, “Evidence.”)


Comprehensive Works Cited

Missouri Constitution, 1820. Record Group 5, Office of the Secretary of State. MSA.

that he never left the
State

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
voluntarily but hoped <​to be permitted​> to enjoy his rights, property and liberty like other peacible Citizens— but that he [p. [2]]
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Page [2]

Document Information

Related Case Documents
Editorial Title
Affidavit, 7 July 1843–A
ID #
2024
Total Pages
4
Print Volume Location
JSP, D12:440–446
Handwriting on This Page
  • Ebenezer Robinson
  • Thomas Bullock

Footnotes

  1. [5]

    In June 1838, church members organized settlements in Missouri’s Daviess and Carroll counties, provoking violent attempts to drive the Saints from both counties. In October 1838, antagonists expelled church members from Carroll County and signaled their intention to repeat the action in Daviess County. When it became apparent that civil and militia authorities would not intervene to protect the Saints, church members organized militarily to defend themselves and launched preemptive attacks on Daviess County towns that were reportedly havens for the church’s antagonists. Latter-day Saint men burned buildings, confiscated goods, and expelled those who were not members of the church from Daviess County. Later that month, a skirmish broke out near the southern border of Caldwell County. Three Latter-day Saints were killed, along with one militiaman who was not a member of the church. After receiving exaggerated reports of the Saints’ military operations, Missouri governor Lilburn W. Boggs declared that “the Mormons must be treated as enemies and must be exterminated or driven from the state if necessary” and directed the state militia to “operate against the Mormons.” (Lilburn W. Boggs, Jefferson City, MO, to John B. Clark, Fayette, MO, 27 Oct. 1838, copy, Mormon War Papers, Missouri State Archives, Jefferson City; “Part 2: 8 July–29 October 1838”; “Part 3: 4 November 1838–16 April 1839.”)

    Mormon War Papers, 1838–1841. MSA.

  2. [6]

    In October 1838, Missouri state militia commanders arrested JS and other church leaders outside of Far West, the principal Latter-day Saint settlement in Caldwell County, Missouri. In November the prisoners were taken to Richmond, Missouri, where they were charged with several crimes allegedly committed during the October conflict between the Saints and their antagonists, including treason against the state of Missouri. Later that month, Judge Austin A. King of the Fifth Judicial Circuit presided at a preliminary hearing to evaluate the evidence against them. King held that there was probable cause to believe that JS and five other Latter-day Saints had committed treason, and they were incarcerated in the jail of Clay County, Missouri, in December 1838 to await a spring trial. (“Part 3: 4 November 1838–16 April 1839”; Historical Introduction to State of Missouri v. Gates et al. for Treason.)

  3. new scribe logo

    Insertion in the handwriting of Thomas Bullock.

  4. [7]

    Missouri state militia officials estimated that forty Latter-day Saints were killed during the 1838 conflict between the Saints and their antagonists, including seventeen men and boys at Hawn’s Mill on 30 October. One Missourian who was not a member of the church was also killed. During winter 1838–1839, Far West, Missouri, became a makeshift refugee camp. State militiamen foraged among the livestock and fields of Latter-day Saints in Far West, and antagonists among the state militiamen ransacked church members’ homes and committed acts of sexual violence against Latter-day Saint women. In spring 1839, approximately eight to ten thousand church members began the nearly two-hundred-mile journey out of the state, finding refuge in neighboring Illinois and Iowa Territory. (“Part 3: 4 November 1838–16 April 1839”; Hartley, “Saints’ Forced Exodus from Missouri,” 347–356.)

    Hartley, William G. “The Saints’ Forced Exodus from Missouri, 1839.” In Joseph Smith: The Prophet and Seer, edited by Richard Neitzel Holzapfel and Kent P. Jackson, 347–389. Provo, UT: Religious Studies Center, Brigham Young University; Salt Lake City: Deseret Book, 2010.

  5. [8]

    JS and other Latter-day Saint prisoners were in Missouri state custody from 31 October 1838 until 16 April 1839, spending about four months of that time in the Clay County, Missouri, jail. In early April 1839, they were removed from the jail and transported to Daviess County, where a grand jury indicted them for treason and other crimes allegedly committed during the 1838 conflict in Missouri between the Saints and their antagonists. The prisoners were then granted a change of venue, and while en route to Boone County, Missouri, their guards allowed them to escape on 16 April; they arrived in Illinois on 22 April without injury. (“Part 3: 4 November 1838–16 April 1839”; see also Historical Introduction to Promissory Note to John Brassfield, 16 Apr. 1839.)

  6. [9]

    While in Missouri, JS claimed exemption from militia service due to his ordination as a minister. He was therefore not part of the Caldwell County regiment of the Missouri state militia, nor did he hold a military position in the Danite society, a private militia composed of Latter-day Saint men in Missouri. Although JS was aware of the Danites, he was not briefed in all of their plans and activities. During church members’ October 1838 military operations in Daviess County, Missouri, JS did not have command in the field, although witnesses testified at the November 1838 hearing that he directed the expeditions from Adam-ondi-Ahman, the church’s primary settlement in the county. (Missouri Constitution of 1820, art. 13, sec. 18; Petition to George Tompkins, between 9 and 15 Mar. 1839; see also Historical Introduction to Constitution of the Society of the Daughter of Zion, ca. Late June 1838; and testimonies of Sampson Avard, George M. Hinkle, John Cleminson, Reed Peck, and William W. Phelps, State of Missouri v. JS et al. for Treason and Other Crimes [Mo. 5th Jud. Cir. 1838], in State of Missouri, “Evidence.”)

    Missouri Constitution, 1820. Record Group 5, Office of the Secretary of State. MSA.

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