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Affidavit from Daniel Avery, 28 December 1843
Source Note
Source Note
, Affidavit, before JS as mayor, , Hancock Co., IL, 28 Dec. 1843; handwriting of ; signature of ; certified by ; nine pages; JS Office Papers, CHL. Includes dockets, redactions, and notations.
Two bifolia and one loose leaf measuring 9¾ × 7¾ inches (25 × 20 cm). The upper left corners of the rectos of the bifolia and leaf are embossed with an elongated octagon containing the words “D & JAMES | SPRINGFIELD”, the insignia of a Springfield, Massachusetts, paper mill firm established by brothers David and John Ames in 1828. The bifolia and leaf were numbered 1–3, apparently at the time of inscription. The final page is blank except for the docket and notation made the following day. Upon completion, the affidavit was trifolded for storage. At some point, the leaves were stapled together in the upper left corner of the rectos. In 2018 the document underwent conservation to reattach the leaves of the bifolia.
, who served as JS’s scribe from 1843 to 1844, docketed the affidavit the day after its inscription. A few graphite redactions and markings were apparently made in 1855, when the document was copied into JS’s history. Sometime in the late nineteenth or early twentieth century, an unidentified clerk in the Church Historian’s Office docketed the document a second time. Andrew Jenson, who began working in the Church Historian’s Office (now CHL) in 1891 and served as assistant church historian from 1897 to 1941, added his initials below Bullock’s docket. In 2012 the document was cataloged as part of the JS Office Papers at the CHL. The document’s early dockets and notation as well as its later inclusion in JS’s history and in the JS Office Papers by 2012 indicate continuous institutional custody.
Footnotes
- [1]
Whiting, “Paper-Making in New England,” 309; Gravell et al., American Watermarks, 235.
Whiting, William. “Paper-Making in New England.” In The New England States: Their Constitutional, Judicial, Educational, Commercial, Professional and Industrial History, edited by William T. Davis, vol. 1, pp. 303–333. Boston: D. H. Hurd, 1897.
Gravell, Thomas L., George Miller, and Elizabeth Walsh. American Watermarks: 1690–1835. 2nd ed. New Castle, DE: Oak Knoll Press, 2002.
- [2]
See the full bibliographic entry for JS Office Papers, ca. 1835–1845, in the CHL catalog.
- [3]
Jessee, “Writing of Joseph Smith’s History,” 456.
Jessee, Dean C. “The Writing of Joseph Smith’s History.” BYU Studies 11 (Summer 1971): 439–473.
- [4]
JS History, vol. E-1, 1831–1833; Vogel, History of Joseph Smith, 1:c.
Vogel, Dan, ed. History of Joseph Smith and The Church of Jesus Christ of Latter-day Saints: A Source and Text-Critical Edition. 8 vols. Salt Lake City: Smith-Pettit Foundation, 2015.
- [5]
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.
- [6]
See the full bibliographic entry for JS Office Papers, ca. 1835–1845, in the CHL catalog.
Historical Introduction
Historical Introduction
On 28 December 1843, in , Illinois, swore an affidavit before JS as mayor recounting his kidnapping and imprisonment by a group of Illinoisans and Missourians and the legal proceedings he underwent in . Avery had been kidnapped by a mob on 2 December and carried to Missouri to face a manufactured charge of horse theft. After spending about three weeks in prison in Missouri awaiting trial, Avery obtained a writ of from the Clark County, Missouri, court and was discharged after a hearing on 25 December. He arrived in Nauvoo at “about dusk” the next day. Coming just one day after returned from his long imprisonment in , Missouri, Avery’s arrival in Nauvoo was heralded by JS and others in the city. In his journal, JS recorded that he “rejoiced exceedingly this day” because Rockwell and Avery were released and “Mo [Missouri] was again rid of the Brethn.”
Two days after his arrival in , went before JS as mayor and gave his statement for an affidavit. , clerk of the mayor’s court, wrote the affidavit as Avery presumably dictated it, and both Avery and Phelps signed the completed document. The next day, corrected the affidavit’s spelling and grammar. Bullock also made a copy of the affidavit and added a notation on the back of the document: “Copied for Governor.” This copy was presumably sent to governor as one of the “affidavits relative to the late Kidnapping” of Avery and his son, , included in a bundle of documents that Phelps sent to Ford on 30 December 1843.
The original affidavit was retained in , while the copy sent to is apparently not extant. The original affidavit, as corrected by , is featured here.
Footnotes
- [1]
- [2]
- [3]
William W. Phelps, Nauvoo, IL, to Thomas Ford, Springfield, IL, 30 Dec. 1843, JS Office Papers, CHL.
an hour they returned with an armed mob, with rifles and other weapons, sufficient to make the whole company number about 20. Being all on horse back they formed a circle, with your in the center, (who, up to this time had called upon <acquainted> every man he saw that “they were Kidnapping him,”) and marched in that order to a house on the piont below , And as I was very cold from being bound they took me into the house and loosed me to warm. I now called for a trial, as I had told them all the way thus I never resisted legal authority: They said they were huntng a magistrate: Says I under stand you, you mean to force me into . McCoy returned, and said we are ready. It was about midnight. We went about 300 yards up the to a skiff. I refused to cross, as they had promised me a trial. They foreced me into the skiff and bound me, and five men put me across. Their names, so far as I could ascertain, are William Middleton, William Clark, Joseph McCoy and the School master from <and Charles Coolidge> [p. [3]]
Source Note
Source Note
Document Transcript
Document Information
Document Information
Footnotes
Footnotes
- [7]
In a 5 December 1843 habeas corpus petition, Avery similarly complained that he was “surrounded by a band of armed men numbering some sixteen or seventeen persons.” (Daniel Avery, Petition for Writ of Habeas Corpus, Clark Co., MO, 5 Dec. 1843, State of Missouri v. Daniel Avery [Clark Co. Cir. Ct. 1843], Clark County Circuit Clerk’s Office, Clark County Courthouse, Kahoka, MO.)
Clark County Circuit Clerk’s Office, Clark County Courthouse. Kahoka, MO.
- [8]
Earlier, Avery stated that he was forcibly removed from Illinois “notwithstanding the remonstrances and often repeated demands . . . for their authority & by what process he was so seized & detained— That no writ was shown to or served upon him in any way— that his demands for writ of Habeas Corpus were utterly & entirely refused.” (Daniel Avery, Petition for Writ of Habeas Corpus, Clark Co., MO, 5 Dec. 1843, State of Missouri v. Daniel Avery [Clark Co. Cir. Ct. 1843], Clark County Circuit Clerk’s Office, Clark County Courthouse, Kahoka, MO.)
Clark County Circuit Clerk’s Office, Clark County Courthouse. Kahoka, MO.
- [9]
Clark was an early settler, founder, and prominent resident of St. Francisville, Missouri. (History of Lewis, Clark, Knox and Scotland Counties, Missouri, 242, 269, 339.)
History of Lewis, Clark, Knox and Scotland Counties, Missouri, from the Earliest Time to the Present, Together with Sundry Personal, Business, and Professional Sketches. . . . St. Louis: Goodspeed Publishing, 1887.
- [10]
Coolidge was a doctor and prominent member of the Congregationalist church in Warsaw, Illinois. (Advertisement, Warsaw [IL] Message, 6 Sept. 1843, [3]; Gregg, History of Hancock County, Illinois, 642.)
Warsaw Message. Warsaw, IL. 1843–1844.
Gregg, Thomas. History of Hancock County, Illinois, Together with an Outline History of the State, and a Digest of State Laws. Chicago: Charles C. Chapman, 1880.
Cancellation and insertion in the handwriting of Thomas Bullock.