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Affidavit from Henry T. Hugins, 31 May 1844

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Affidavit from Henry T. Hugins, 31 May 1844

Source Note

, Affidavit, before JS as mayor, , Hancock Co., IL, 31 May 1844; handwriting and signature of ; certified by ; one page; JS Office Papers, CHL. Includes dockets, redactions, use marks, and notation.
Single leaf measuring 12½ × 7¾ inches (32 × 20 cm). A faint, illegible embossment appears on the upper right corner of the recto. The recto is ruled with an indeterminate number of horizontal lines (now faded), while the verso is ruled with thirty-three horizontal lines (now faded). The top, left, and bottom edges of the recto have the straight cut of manufactured paper, whereas its right edge is uneven, which suggests the leaf was torn from a book or larger leaf. The document retains a pair of holes from a staple, which has since been removed. The affidavit was folded to pocket size and may have been later folded in half twice for storage.
The document was docketed by , who served as a scribe for JS in 1843 and 1844. It was docketed a second time by , 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. A third docket was written by , who served as JS’s scribe from 1843 to 1844 and as clerk to the church historian and recorder from 1845 to 1865. In 2012 the document was cataloged as part of the JS Office Papers. The document’s dockets and inclusion in the JS Office Papers suggest continuous institutional custody.

Footnotes

  1. JS, Journal, 30 Aug. 1843 and 5 Jan. 1844.

  2. 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–.

  3. Jessee, “Writing of Joseph Smith’s History,” 456, 458; Woodruff, Journal, 22 Jan. 1865.

    Jessee, Dean C. “The Writing of Joseph Smith’s History.” BYU Studies 11 (Summer 1971): 439–473.

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

  4. This collection comprises correspondence addressed to JS’s clerks, correspondence to other recipients that was forwarded to JS for his perusal, copies of miscellaneous documents created by JS’s clerks, and miscellaneous financial documents. (See “Introduction to Joseph Smith’s Office Papers.”)

Historical Introduction

On 31 May 1844, attorney of , Iowa Territory, swore an affidavit in , Illinois, before JS as mayor of Nauvoo, stating that had made threats against members of the Nauvoo Municipal Court. Hugins had traveled to Nauvoo to represent in two proceedings before the Nauvoo Municipal Court on 30 May. After Smith was accused of financial fraud against the government, several attempts were made to prosecute him. Johnson, a former United States marshal for who was deputized to pursue Smith, participated in one of those attempts. His efforts led to one of Smith’s hearings before the municipal court.
During the proceedings on 30 May, vocally defied the court’s authority, emphasizing that it did not have jurisdiction in the case, it being a federal case, and ridiculed ’s claim to a writ of habeas corpus issued by the municipal court, stating, “Your writ of Habeus Corpus has nothing more to do with this case than a man in the moon.” reported in JS’s journal that after the court discharged Smith, Johnson threatened to return with “the drgoos [dragoons] &c—— to get [Jeremiah] Smith.” The next morning, JS ordered Johnson’s arrest for making this threat. Because was present when Johnson made the statement, JS, as mayor, likely asked Hugins to swear out this affidavit. Alternatively, Hugins may have volunteered to offer this statement. Either way, this affidavit was presumably taken to support the legal action JS was taking against Johnson. In his affidavit, Hugins stated that he had heard Johnson threaten to bring forces from to .
In JS’s journal entry for 31 May, recorded that “ made affidavit but had gone,” which suggests that JS first learned that Johnson had left after he issued the order for Johnson’s arrest and took Hugins’s affidavit. If this was the case, JS may have chosen not to pursue Johnson after he took Hugins’s affidavit because Johnson was no longer in Nauvoo. The affidavit, then, would have been filed away. Johnson did not bring troops to Nauvoo. He ultimately traveled to , Illinois, to pursue legal action against members of the Nauvoo Municipal Court; while there, he likely learned that was also in Springfield, where he was appearing before a federal judge.
, clerk of the mayor’s court, certified the affidavit, which is featured here. This is likely the original affidavit, given the edits and signature of on it.
See also Historical Introduction to Letter to Thomas Ford, 21 June 1844; and Minutes, 21 June 1844

Footnotes

  1. See Docket Entry, 18–31 May 1844; Docket Entry, 30–31 May 1844; and Jordan, “Iowa’s Puzzling Jeremiah Smiths,” 368–375, 382n52.

    Jordan, Philip D. “Iowa’s Puzzling Jeremiah Smiths.” Annals of Iowa 45 (Summer 1980): 352–383.

  2. Docket Entry, 18–31 May 1844; Docket Entry, 30–31 May 1844.

  3. JS, Journal, 30–31 May 1844. The order of events in JS’s journal entry for 31 May suggests that JS issued a warrant for Johnson’s arrest before Hugins swore out his affidavit. The warrant is apparently not extant. Given that no hearing was held, it is unknown whether JS issued the warrant under Illinois or Nauvoo law. Illinois law required complainants to make their accusations under oath before a justice of the peace could issue a warrant. A justice of the peace who issued a warrant based on an unsworn complaint could be held civilly liable for the act. At the same time, a 1 March 1841 city ordinance enforcing religious toleration offered precedent for JS to issue a warrant before he heard a formal accusation. The ordinance authorized municipal officers to arrest anyone in “breach or violation of this or any other ordinance of this City . . . either with or without process.” The officer was authorized to make the arrest based on “Knowledge” that the offence was committed, implying that no sworn statement was required to proceed with the arrest. (An Act to Regulate the Apprehension of Offenders, and for Other Purposes [6 Jan. 1827], Public and General Statute Laws of the State of Illinois [1839], p. 238, sec. 3; Cotton, Treatise on the Powers and Duties of Justices of the Peace, 26; Minutes, 1 Mar. 1841.)

    The Public and General Statutes Passed by the Congress of the United States of America. From 1789 to 1836 Inclusive. . . . 2nd ed. Philadelphia: T. and J. W. Johnson, 1840.

    Cotton, Henry G. A Treatise on the Powers and Duties of Justices of the Peace in the State of Illinois, with Practical Forms. Ottawa, IL: By the author, 1845.

  4. It is unclear whether Johnson left Nauvoo on 30 or 31 May. In the 30 May entry of JS’s journal, Richards inscribed the following: “eveni[n]g T. B. Johnson—— as was reported was going to Burlingt[o]n.” After this, Richards noted that Johnson acknowledged costs associated with the Jeremiah Smith case. Richards’s phrasing and the order in which he inscribed these events could mean either that Johnson had left Nauvoo on the evening of 30 May or that he was merely planning on traveling. (JS, Journal, 30–31 May 1844.)

  5. Letter from Luther Hickok, 6 June 1844; Letter from Henry T. Hugins, 6 June 1844; Historical Introduction to Letter of Introduction to Nathaniel Pope for Jeremiah Smith and Henry T. Hugins, 30 May 1844. On 3 June, JS received a pseudonymous letter warning him that a group of “five to Six hundred Armed men” in Burlington was planning to travel to Nauvoo and liberate Luther Hickok, an individual involved in the Jeremiah Smith case. These vigilantes apparently believed that Hickok was being unlawfully imprisoned in Nauvoo. This plot, which never materialized, and Johnson’s threat could share a connection. (Letter from Horace, 2 June 1844.)

Asterisk (*) denotes a "featured" version, which includes an introduction and annotation.
*Affidavit from Henry T. Hugins, 31 May 1844
History, 1838–1856, volume F-1 [1 May 1844–8 August 1844] “History of Joseph Smith”

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State of Illinois) ss May 31.st. 1844
City of )
Then & there personally appeared before me the undersigned Joseph Smith Mayor of the City of , of Iowa Territory & made solemn oath that it was his did on the 30th. day of May 1844 declare in his presence that he intended to bring dragoons & troops of the <​​> from into this for the purpose of resisting the authority & power of the Municipal Court of said — and that he should disregard entirely the authority of said Court & that he deemed the authority of said Court of no effect. further states that said in his said conversation had reference to the case of which had been decided by said Court
.
Subscribed and sworn to before me this 31th day of May 1844
Clerk)
M. C. [mayor’s court]) [5 lines blank] [p. [1]]
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Document Information

Related Case Documents
Editorial Title
Affidavit from Henry T. Hugins, 31 May 1844
ID #
7737
Total Pages
2
Print Volume Location
Handwriting on This Page
  • Henry T. Hugins
  • William W. Phelps

Footnotes

  1. “Ss” is an abbreviation for scilicet, a Latin word meaning “that is to say,” which was used in legal documents to introduce the text. (“Scilicet,” in Bouvier, Law Dictionary, 2:483.)

    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.

  2. In the early 1840s, dragoons in Iowa Territory were stationed at Fort Atkinson, on the Turkey River, and Fort Des Moines, on the Des Moines River. (Prucha, Sword of the Republic, 381–383.)

    Prucha, Francis Paul. The Sword of the Republic: The United States Army on the Frontier, 1783–1846. New York: Macmillan, 1968.

  3. Section 27 of the Judiciary Act of 1789 indicated that a marshal had authority “to execute throughout the district, all lawful precepts directed to him, and issued under the authority of the United States, and he shall have power to command all necessary assistance in the execution of his duty, and to appoint as there shall be occasion, one or more deputies.” It did not indicate that marshals could employ dragoons to serve a warrant. (An Act to Establish the Judicial Courts of the United States [24 Sept. 1789], Public Statutes at Large, 1st Cong., 1st Sess., chap. 20, p. 87, sec. 27.)

    The Public Statutes at Large of the United States of America, from the Organization of the Government in 1789, to March 3, 1845. . . . Edited by Richard Peters. 8 vols. Boston: Charles C. Little and James Brown, 1846–1867.

  4. Certification in the handwriting of William W. Phelps.

  5. As clerk of the mayor’s court, Phelps evidently had authority to sign affidavits that were sworn before JS. (See Nauvoo City Council Minute Book, 14 Jan. 1843, 142, 146; Affidavit from Daniel Avery, 28 Dec. 1843; and Affidavit from Orson Hyde, 28 Dec. 1843.)

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