Footnotes
JS et al., Liberty, MO, to the church members and Edward Partridge, Quincy, IL, 20 Mar. 1839, in Revelations Collection, CHL [D&C 123:1–2]. In a letter to the church written three months earlier, JS had reflected on some of the causes leading to the expulsion. (JS, Liberty, MO, to “the church,” Caldwell Co., MO, 16 Dec. 1838, JS Collection, CHL.)
Revelations Collection, 1831–ca. 1844, 1847, 1861, ca. 1876. CHL. MS 4583.
Smith, Joseph. Collection, 1827–1846. CHL. MS 155.
JS, “Bill of Damages against the State of Missouri[:] An Account of the Sufferings and Losses Sustained Therein,” Quincy, IL, 4 June 1839, JS Collection, CHL; see also JS, Journal, 27 May–8 June 1839.
Smith, Joseph. Collection, 1827–1846. CHL. MS 155.
The last entry in JS’s September–October 1838 journal is 5 October 1838. On that day, JS left Far West, Missouri, with a detachment of Mormon men to reinforce the besieged Saints in De Witt, Missouri; after an introductory overview, JS’s “Bill of Damages” begins with the De Witt conflict. The bill ends with JS’s escape from his captors on 16 April 1839 and his arrival in Quincy, Illinois, on 22 April 1839; the first two entries in JS’s 1839 journal resume JS’s journal keeping precisely at this point.
“Prospectus of the Times and Seasons,” Times and Seasons, July 1839, 1:16; Ebenezer Robinson and Don Carlos Smith, “Address,” Times and Seasons, July 1839, 1:1.
Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.
“To the Patrons of the Times and Seasons,” Times and Seasons, Nov. 1839, 1:15–16; Ebenezer Robinson, “Items of Personal History of the Editor,” The Return, May 1890, 257–258.
Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.
The Return. Davis City, IA, 1889–1891; Richmond, MO, 1892–1893; Davis City, 1895–1896; Denver, 1898; Independence, MO, 1899–1900.
It appears that there were three printings of the first issue of the Times and Seasons: the first in July; the second in November, from the same typesetting; and a third sometime thereafter, from a new setting of the text. The third printing, perhaps issued to satisfy increasing demand for the newspaper, retained the November 1839 date. Although minor spelling and punctuation changes appear in the later printings of the “Extract,” no changes were made to the wording. (See Crawley, Descriptive Bibliography, 1:94–95.)
Crawley, Peter. A Descriptive Bibliography of the Mormon Church. 3 vols. Provo, UT: Religious Studies Center, Brigham Young University, 1997–2012.
See “A History, of the Persecution,” Times and Seasons, Dec. 1839–Oct. 1840.
Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.
Woodruff, Journal, 12 July 1839.
Woodruff, Wilford. Journals, 1833–1898. Wilford Woodruff, Journals and Papers, 1828–1898. CHL. MS 1352.
JS’s journal records that he was “dictating History” 10–14 June and 3–5 July 1839, which may have included the historical narrative in the “bill of damages” along with his ongoing work on a complete history of the church. (JS, Journal, 10–14 June and 3–5 July 1839.)
JS and his fellow prisoners were moved 6–8 April 1839. (Hyrum Smith, Diary, [12], [21]–[22]; Baugh, “We Took Our Change of Venue,” 61–62.)
Smith, Hyrum. Diary, Mar.–Apr. 1839, Oct. 1840. CHL. MS 2945.
Baugh, Alexander L. “‘We Took Our Change of Venue to the State of Illinois’: The Gallatin Hearing and the Escape of Joseph Smith and the Mormon Prisoners from Missouri, April 1839.” Mormon Historical Studies 2, no. 1 (2001): 59–82.
The hearing before the grand jury was held 9–11 April at Gallatin, Daviess County, Missouri. JS was indicted for treason, riot, arson, larceny, and receiving stolen goods. (See the indictments issued during the April 1839 term of the Daviess County, Missouri, Circuit Court in the following cases: State of Missouri v. JS et al. for Treason, photocopy, Max H. Parkin, Collected Missouri Court Documents, CHL; State of Missouri v. JS et al. for Riot; State of Missouri v. Caleb Baldwin et al. for Arson; State of Missouri v. Jacob Gates et al. for Arson, Historical Department, Nineteenth-Century Legal Documents Collection, CHL; State of Missouri v. James Worthington et al. for Larceny, Daviess Co., MO, Courthouse, Gallatin, MO; and State of Missouri v. JS for Receiving Stolen Goods, photocopy, Max H. Parkin, Collected Missouri Court Documents, CHL; see also Baugh, “We Took Our Change of Venue,” 63–65.)
Historian’s Office. Joseph Smith History Documents, 1839–1860. CHL. CR 100 396.
Indictment, Apr. 1839, State of Missouri v. James Worthington et al. for Larceny [Daviess Co. Cir. Ct. 1840]. Daviess Co., MO, Courthouse, Gallatin, MO.
Baugh, Alexander L. “‘We Took Our Change of Venue to the State of Illinois’: The Gallatin Hearing and the Escape of Joseph Smith and the Mormon Prisoners from Missouri, April 1839.” Mormon Historical Studies 2, no. 1 (2001): 59–82.
Defense counsel initially sought a change of venue based on a newly enacted statute that allowed such a request to be supported by affidavits from the requesting parties. Judge Thomas Burch denied this request. A second motion to change venue was then made based on another Missouri statute that precluded an interested party from serving as a judge in the case. Because Judge Burch served as prosecuting attorney at the 12–19 November court of inquiry at Richmond, this statute specifically required disqualification. Burch granted this motion and the case was transferred to Boone County. (An Act to Amend an Act concerning Criminal Proceedings [13 Feb. 1839], Laws of the State of Missouri [1838–1839], 98; Daviess Co., MO, Circuit Court Record, Apr. 1839, vol. A, pp. 66–70, Daviess Co., Courthouse, Gallatin, MO; Snow, Journal, 1838–1841, 47–49.)
Laws of the State of Missouri, Passed at the First Session of the Tenth General Assembly, Begun and Held at the City of Jefferson, on Monday, the Nineteenth Day of November, in the Year of Our Lord, One Thousand Eight Hundred and Thirty-Eight. Jefferson, MO: Calvin Gunn, 1838.
Daviess County, Missouri. Circuit Court Record, vol. A, July 1837–Oct. 1843. Daviess County Courthouse, Gallatin, MO.
Snow, Erastus. Journals, 1835–1851; 1856–1857. CHL. MS 1329, box 1, fds. 1–3.
William Morgan, sheriff of Daviess County, summoned William Bowman, Wilson McKinney, John Brassfield, and John Pogue as his guard to escort the prisoners. (William Morgan, Certificate, 1 July 1839; “Preamble,” William Morgan, Papers, CHL.)
Morgan, William. Papers, 1838–1839. CHL. MS 19757.
“Preamble.” William Morgan. Papers, 1838–1839. CHL. MS 19757.
The next several lines are additions not found in JS’s bill of damages, which resumes at “Accordingly we took the advantage.”
On 30 October, Livingston County colonel Thomas Jennings led two to three hundred men in an attack on the small Latter-day Saint settlement of Hawn’s Mill. The attackers shot at men, women, and children. Seventeen were killed, including Charles Merrick (age nine) and Sardius Smith (age ten). At least fourteen were wounded. (See Baugh, “Call to Arms,” chap. 9; and “A History, of the Persecution,” Times and Seasons, Aug. 1840, 1:145–150.)
Baugh, Alexander L. “A Call to Arms: The 1838 Mormon Defense of Northern Missouri.” PhD diss., Brigham Young University, 1996. Also available as A Call to Arms: The 1838 Mormon Defense of Northern Missouri, Dissertations in Latter-day Saint History (Provo, UT: Joseph Fielding Smith Institute for Latter-day Saint History; BYU Studies, 2000).
Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.
JS and his fellow prisoners escaped 16 April 1839 while at Yellow Creek in Chariton County. The prisoners departed Gallatin on 12 April, four days earlier, but did not leave the confines of Daviess County—the county in which they had been charged—until 15 April. Hyrum Smith later testified that Daviess County sheriff William Morgan informed the prisoners that Judge Burch had privately instructed him not to escort the prisoners as far as Boone County. One of the guards sold two horses to the prisoners for their escape, and he later collected payment in Nauvoo. (JS, Journal, 16 Apr. 1839; Lyman Wight, Testimony, Nauvoo, IL, 1 July 1843, p. 32, Nauvoo, IL, Records, CHL; Baugh, “We Took Our Change of Venue,” 65–71; Hyrum Smith, Testimony, Nauvoo, IL, 1 July 1843, pp. 25–26, Nauvoo, IL, Records, CHL; JS to John Brassfield, Promissory note, 16 Apr. 1839, JS Collection, CHL.)
Nauvoo, IL. Records, 1841–1845. CHL. MS 16800.
Baugh, Alexander L. “‘We Took Our Change of Venue to the State of Illinois’: The Gallatin Hearing and the Escape of Joseph Smith and the Mormon Prisoners from Missouri, April 1839.” Mormon Historical Studies 2, no. 1 (2001): 59–82.
Smith, Joseph. Collection, 1827–1846. CHL. MS 155.
JS arrived at Quincy, Illinois, 22 April. (JS, Journal, 16 and 22–23 Apr. 1839.)
The remainder of the text is not based on JS’s bill of damages, which here terminates with a paragraph listing JS’s claims against Missouri for losses sustained in Jackson, Daviess, and Caldwell counties for “Lands: Houses Horses: Harness Cattle Hogs & Books & store Goods Expences while in Bonds: of moneys paid out expences of moving out of the State & damages sustained by False imprisonment threatnings: intimidation Exposure &c &c &c &c &c.” JS calculated the total value lost at $100,000.
Gilliam led one of the vigilante groups that harassed and plundered the Saints. (LeSueur, 1838 Mormon War in Missouri, 128–129, 192; Baugh, “Call to Arms,” 300–302.)
LeSueur, Stephen C. The 1838 Mormon War in Missouri. Columbia: University of Missouri Press, 1987.
Baugh, Alexander L. “A Call to Arms: The 1838 Mormon Defense of Northern Missouri.” PhD diss., Brigham Young University, 1996. Also available as A Call to Arms: The 1838 Mormon Defense of Northern Missouri, Dissertations in Latter-day Saint History (Provo, UT: Joseph Fielding Smith Institute for Latter-day Saint History; BYU Studies, 2000).
As noted previously, Alexander Doniphan intervened to prevent JS’s execution shortly after he was taken prisoner. JS’s brother Hyrum Smith later testified that Jedediah M. Grant, a Latter-day Saint, overheard a conversation between General Clark and militiamen at Richmond that indicated Clark’s intention to have JS and fellow prisoners executed on 12 November. According to Smith, Clark abandoned that plan after learning that military law made no provision for a court-martial for civilians. (Hyrum Smith, Testimony, Nauvoo, IL, 1 July 1843, p. 17, Nauvoo, IL, Records, CHL.)
Nauvoo, IL. Records, 1841–1845. CHL. MS 16800.