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Introduction to State of Illinois v. JS and H. Smith for Treason Warrant, 24 June 1844–A [State of Illinois v. JS and H. Smith for Treason] Warrant, 24 June 1844–B [State of Illinois v. JS and H. Smith for Treason] Mittimus, 25 June 1844 [State of Illinois v. JS and H. Smith for Treason] Order, 26 June 1844 [State of Illinois v. JS and H. Smith for Treason] List of Witnesses, 26 June 1844 [State of Illinois v. JS and H. Smith for Treason] Mittimus, 26 June 1844 [State of Illinois v. JS and H. Smith for Treason]

Introduction to State of Illinois v. JS and H. Smith for Treason

Page

State of Illinois v. JS and H. Smith for Treason
Hancock Co., Illinois, Justice of the Peace Court, 27 June 1844
 
Historical Introduction
On 24 June 1844, Robert Smith, a
justice of the peace

A local public judicial officer, commissioned to mete out justice for, or to prevent, a breach of the peace or other violation of the law. “When a felony or breach of the peace has been committed in their presence, they may personally arrest the offender,...

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in
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 ...

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, Illinois, issued a warrant for the arrest of JS on a charge of
treason

A betrayal, treachery, or breach of allegiance. Against the United States, it consists only in “levying war against the nation, or in adhering to their enemies, giving them aid or comfort,” according to the United States Constitution, article 3, section 3...

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against the state of
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...

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. Justice Smith’s warrant was based on the complaint of
Augustine Spencer

22 Dec. 1788–after 1860. Land speculator, laborer. Born in West Stockbridge, Berkshire Co., Massachusetts. Son of Daniel Spencer and Chloe Wilson. Married Eliza Brown, ca. 1816. Signed redress petition for wrongs committed against Latter-day Saints in Missouri...

View Full Bio
, a resident 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....

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, Hancock County, who claimed that the treason occurred “on or about the nineteenth day of June.” The complaint is apparently not extant, and the warrant itself provides no additional details regarding the alleged treason. However, historical sources suggest that the charge stemmed from JS’s decision to call out the
Nauvoo Legion

A contingent of the Illinois state militia provided for in the Nauvoo city charter. The Nauvoo Legion was organized into two cohorts: one infantry and one cavalry. Each cohort could potentially comprise several thousand men and was overseen by a brigadier...

View Glossary
on 17 June and to declare martial law within the city’s boundaries the following day.
1

Warrant, 24 June 1844–A [State of Illinois v. JS and H. Smith for Treason]; Willard Richards, Journal Excerpt, 23–27 June 1844; Letter to Emma Smith, 25 June 1844; Military Order to Jonathan Dunham, 17 June 1844–A; Proclamation, 18 June 1844.


Tensions in
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
had been rising for some time. The situation became volatile after 10 June 1844, when 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
City Council declared the Nauvoo Expositor a public nuisance and a posse destroyed the press in compliance with an order issued by JS as mayor of Nauvoo. The following day, Hancock County justice of the peace
Thomas Morrison

Ca. 1817–13 Apr. 1849. Lawyer, justice of the peace, politician. Resided at Carthage, Hancock Co., Illinois, by 1840. Married Mary E. Wells, 25 Dec. 1844, in Hancock Co. Elected member of Illinois House of Representatives, 1846. Died in Carthage.

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, 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, issued a warrant for JS and seventeen other men charging them with
riot

Illinois law defined riot as “two or more persons” committing “an unlawful act with force or violence against the person or property of another . . . in a violent and tumultuous manner.” Upon conviction, the defendants would “severally be fined not exceeding...

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for their roles in demolishing the press. Although JS and the others were willing to answer the charge, they feared that their lives would be in danger in Carthage and therefore attempted to address the allegations in Nauvoo courts rather than before Morrison, resulting in proceedings before the Nauvoo Municipal Court on
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...

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and a hearing before Nauvoo city alderman and justice of the peace
Daniel H. Wells

27 Oct. 1814–24 Mar. 1891. Farmer, teacher, ferry operator, lumber merchant, manager of nail factory, politician. Born in Trenton, Oneida Co., New York. Son of Daniel Wells and Catherine Chapin. Moved to Marietta, Washington Co., Ohio, ca. 1832. Moved to ...

View Full Bio
.
2

Introduction to State of Illinois v. JS et al. for Riot–A, State of Illinois v. JS for Riot on Habeas Corpus, State of Illinois v. H. Smith et al. on Habeas Corpus, and State of Illinois v. JS et al. for Riot–B.


The church’s antagonists viewed these proceedings, especially those before the municipal court, as illegitimate and therefore called for volunteers to assemble on 19 June, when Hancock County constable
David Bettisworth

14 July 1814–8 Nov. 1866. Constable, merchant. Born in Virginia. Son of Evan Bettisworth and Drusilla Bean. Moved to Chili Township, Hancock Co., Illinois, 1833. Hancock County constable who arrested JS, 12 June 1844. Carried news of deaths of JS and Hyrum...

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—the officer tasked with serving Morrison’s warrant—was expected to organize them as a
posse comitatus

“Power of the county”; the entire able-bodied male population of a county above the age of fifteen, which a sheriff may summon to assist in keeping the peace, in pursuing and arresting felons, etc. An individual’s refusal when so lawfully called to assist...

View Glossary
to assist him in arresting the prisoners and transporting them to Carthage.
3

Introduction to State of Illinois v. JS et al. for Riot–A, State of Illinois v. JS for Riot on Habeas Corpus, State of Illinois v. H. Smith et al. on Habeas Corpus, and State of Illinois v. JS et al. for Riot–B.


The antagonists also resolved that if Bettisworth was unable to detain JS and the other accused men, vigilantes would wage a “war of extermination” on Latter-day Saints in the county.
4

Warsaw (IL) Signal, 19 June 1844, [1]; S. Otho Williams, Carthage, IL, to John A. Prickett, Alton, IL, 10 July 1844, in Chicago Historical Society, Collection of Manuscripts about Mormons, CHL.


Comprehensive Works Cited

Warsaw Signal. Warsaw, IL. 1841–1853.

Chicago Historical Society, Collection of Manuscripts about Mormons, 1832–1954. Microfilm. CHL. MS 8136.

The church’s opponents also sent couriers to
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
apprising him of the situation in
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
and asking him to muster the state militia to maintain order.
5

Warsaw (IL) Signal, 19 June 1844, [1]–[2].


Comprehensive Works Cited

Warsaw Signal. Warsaw, IL. 1841–1853.

Under Illinois law, the governor, as commander in chief, possessed exclusive authority to call out the militia.
6

Illinois Constitution of 1818, art. 3, sec. 10; An Act for the Organization and Government of the Militia of This State [2 Mar. 1833], Public and General Statute Laws of the State of Illinois, p. 483, sec. 43; see also “Illinois and Missouri,” Times and Seasons, 15 Aug. 1843, 4:292–294; and Letter from Thomas Ford, 12 Dec. 1843.


Comprehensive Works Cited

Illinois Office of Secretary of State. First Constitution of Illinois, 1818. Illinois State Archives, Springfield.

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.

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

However, local militia leaders—anticipating, correctly, that the governor would later at least tacitly approve their actions—began mustering troops on 17 June to support the posse comitatus.
7

S. Otho Williams, Carthage, IL, to John A. Prickett, [Alton, IL], 10 July 1844, 2; Lima Guards Roll, [1844]; Farmers’ Guards Company Return, 21 Nov. 1844; Camp Creek Company Return, 21 Nov. 1844; Illinois Militia, 5th Division, 4th Brigade, 59th Regiment Muster Roll, 4 Dec. 1844, Collection of Manuscripts about Mormons, Abakanowicz Research Center, Chicago History Museum, Chicago; Message of the Governor of the State of Illinois, 3.


Comprehensive Works Cited

Collection of Manuscripts about Mormons, 1832–1954. Abakanowicz Research Center, Chicago History Museum, Chicago. Microfilm copy in Chicago Historical Society, Collection of Manuscripts about Mormons, 1832–1954, CHL.

Message of the Governor of the State of Illinois, in Relation to the Disturbances in Hancock County, December, 21, 1844. Springfield, IL: Walters and Weber, 1844.

JS wrote 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
twice during the week following the demolition of the Expositor, defending the city council, requesting the governor’s protection, and offering the services of the Nauvoo Legion, the city’s independent militia unit within the state organization, to help keep the peace.
8

Letter to Thomas Ford, 14 June 1844; Letter to Thomas Ford, 16 June 1844.


Under the act incorporating the city 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
, commonly known as the
Nauvoo charter

“An Act to Incorporate the City of Nauvoo,” approved 16 December 1840 by the Illinois general assembly to legally organize the city of Nauvoo. The charter authorized the creation of a city council, consisting initially of a mayor, four aldermen, and nine ...

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, both the mayor and the governor were authorized to utilize the Nauvoo Legion to enforce city ordinances and state statutes, as well as to maintain “the public defence.”
9

Act to Incorporate the City of Nauvoo, 16 Dec. 1840.


JS had previously asserted to Ford that the mayor possessed the “power to call upon any portion of the Legion to resist” an “armed mob” that threatened to “slaughter the inhabitants of the city.”
10

Letter to Thomas Ford, 1 Jan. 1844.


Hearing nothing from Ford by 17 June 1844, JS decided to call out the legion to protect Nauvoo.
11

Affidavit from Stephen Markham, 17 June 1844; JS, Journal, 17 June 1844; Mayor’s Order to John P. Greene, 17 June 1844; Military Order to Jonathan Dunham, 17 June 1844–A.


On 18 June, JS took the additional step of proclaiming martial law within the city’s boundaries.
12

Proclamation, 18 June 1844.


There was no provision in American law, whether federal, state, or municipal, that defined martial law or authorized it to be imposed.
13

William Blackstone, whose commentaries on English law were highly influential in the United States, explained that martial law had no place in “the permanent and perpetual laws” of England and that it was “built upon no settled principles” but was “entirely arbitrary in its decisions.” It was “in truth and reality no law, but something indulged rather than allowed as a law.” Blackstone contended that it could not be imposed in peacetime when the courts of law operated freely. Although JS cited Blackstone and other legal commentaries when performing his responsibilities as mayor and a justice of the peace, it is unknown whether he consulted such resources when preparing his declaration of martial law. (Friedman, History of American Law, xx, 71, 83; Blackstone, Commentaries, vol. 1, bk. 1, p. 413; Trial Report, 4–22 Mar. 1843 [Dana v. Brink]; Letter to Thomas Ford, 22–23 June 1844.)


Comprehensive Works Cited

Friedman, Lawrence M. A History of American Law. 4th ed. New York: Oxford University Press, 2019.

Blackstone, William. Commentaries on the Laws of England: In Four Books; with an Analysis of the Work. By Sir William Blackstone, Knt. One of the Justices of the Court of Common Pleas. In Two Volumes, from the Eighteenth London Edition. . . . 2 vols. New York: W. E. Dean, 1840.

In his order proclaiming martial law, JS stated that he had “good reason to fear that a mob is organizing to come upon this city and plunder and destroy said city as well as murder the citizens.” He ordered the legion and the city police to “strictly see that no persons or property pass in or out of the city without due orders.”
14

Proclamation, 18 June 1844.


The city was under martial law from 18 to 22 June, with
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
city marshal
John P. Greene

3 Sept. 1793–10 Sept. 1844. Farmer, shoemaker, printer, publisher. Born at Herkimer, Herkimer Co., New York. Son of John Coddington Greene and Anna Chapman. Married first Rhoda Young, 11 Feb. 1813. Moved to Aurelius, Cayuga Co., New York, 1814; to Brownsville...

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directing its application.
15

Letter to Thomas Ford, 22–23 June 1844.


Forces under Greene’s leadership monitored travel in and out of the city, stopping individuals who were deemed suspicious and refusing at least one steamboat permission to dock on the city’s shoreline on the
Mississippi River

Principal U.S. river running southward from Itasca Lake, Minnesota, to Gulf of Mexico. Covered 3,160-mile course, 1839 (now about 2,350 miles). Drains about 1,100,000 square miles. Steamboat travel on Mississippi very important in 1830s and 1840s for shipping...

More Info
.
16

“Latest News,” and “Postscript,” Warsaw (IL) Signal, 19 June 1844, [2].


Comprehensive Works Cited

Warsaw Signal. Warsaw, IL. 1841–1853.

At least five individuals who had drawn suspicion swore exculpatory affidavits—each of which followed a prepared form—before Nauvoo city alderman
George W. Harris

1 Apr. 1780–1857. Jeweler. Born at Lanesboro, Berkshire Co., Massachusetts. Son of James Harris and Diana (Margaret) Burton. Married first Elizabeth, ca. 1800. Married second Margaret, who died in 1828. Moved to Batavia, Genesee Co., New York, by 1830. Married...

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. These affiants attested that they held no sympathies for the mob and promised that they would provide no information regarding the city’s defensive arrangements to the vigilantes.
17

Affidavit from James Camron, 19 June 1844; Affidavit from William Loomis, 20 June 1844; Affidavit from Samuel Hicks, 21 June 1844; Affidavit from H. Rosenkrantz, 22 June 1844; Affidavit from Luther Taylor, 22 June 1844; Affidavit Form, ca. 22 June 1844.


Governor 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
received reports that seven additional individuals had been “detained against their will” under martial law.
18

Ford named John A. Hicks, Henry Norton, Andrew J. Higbee, John Eagle, P. J. Rolfe, Peter Lemon, and J. G. Rolph as the detainees. (Letter from Thomas Ford, 22 June 1844.)


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
arrived 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...

More Info
on 21 June 1844 and assessed the situation. Finding “an armed force assembled, and hourly increasing”—comprising both volunteers who gathered to join the posse comitatus and militiamen who mustered “for a similar purpose”—Ford moved “to place all the militia then assembled or which were expected to assemble, under military command of their proper officers.” The governor thereby tacitly approved the earlier mustering of militia forces, apparently with no repercussions for the officers who called out their men prior to receiving authorization from the commander in chief.
19

Ford, Message of the Governor, 3.


Comprehensive Works Cited

Message of the Governor of the State of Illinois, in Relation to the Disturbances in Hancock County, December, 21, 1844. Springfield, IL: Walters and Weber, 1844.

In contrast, on 22 June, Ford ordered JS and the other defendants to submit to arrest and examination on the riot charge in Carthage. Ford also referenced JS’s declaration of martial law, hinting that the detentions made under the order “may become matters of great importance.”
20

Letter from Thomas Ford, 22 June 1844.


After receiving Ford’s letter, JS dismissed the legion and, presumably, rescinded the martial law order.
21

JS, Journal, 22 June 1844. In a letter written to Ford during the night of 22–23 June 1844, JS defended his decision to call out the legion as a necessary measure to protect the city and argued that any detentions were made for breaches of the peace. He also assured the governor that the detained individuals had been released. (Letter to Thomas Ford, 22–23 June 1844.)


Around 23 June 1844,
Spencer

22 Dec. 1788–after 1860. Land speculator, laborer. Born in West Stockbridge, Berkshire Co., Massachusetts. Son of Daniel Spencer and Chloe Wilson. Married Eliza Brown, ca. 1816. Signed redress petition for wrongs committed against Latter-day Saints in Missouri...

View Full Bio
and fellow
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
resident
Henry Norton

Dec. 1822–8 June 1896. Carpenter, miller, township officer. Born in New York. Moved to Canada as a teenager. Witness at trial concerning destruction of Nauvoo Expositor press, 17 June 1844, in Hancock Co., Illinois. Married first Lucinda O. Wells, 6 Jan. ...

View Full Bio
appeared 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...

More Info
before Robert Smith and filed two complaints. Spencer’s complaint alleged that JS had committed treason against the state of
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
on or about 19 June 1844 in
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
, while Norton’s complaint alleged that
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

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committed the same crime. Both Spencer and Norton had become embroiled in several controversies with JS and other Nauvoo city and church officials during previous months, and the two men were known associates of the proprietors of the Nauvoo Expositor.
22

JS prosecuted Spencer in the Nauvoo mayor’s court on 26 April 1844 for attacking his brother Orson Spencer and for making derogatory comments about the church. When Augustine Spencer was detained, Chauncey L. Higbee, Robert D. Foster, and Charles A. Foster, all of whom later became proprietors of the Nauvoo Expositor, refused to assist in his arrest after being called upon by city officers to do so. Spencer’s subsequent activities in Nauvoo are unknown. Robert D. Foster referred to Norton as one of his “boys.” In mid-June 1844, Hancock County justice of the peace Aaron Johnson tried and acquitted Norton for allegedly trying to burn down the Expositor office at the behest of Foster. On 18 June, Norton reportedly threatened JS’s life. However, after an examination before an unidentified justice of the peace, he was discharged. Finally, Norton was detained under JS’s martial law order. Norton’s interactions with Hyrum Smith during this time are unknown. (Introduction to City of Nauvoo v. A. Spencer; “Prospectus of the Nauvoo Expositor,” Nauvoo Expositor, 7 June 1844, [4]; Letter, Robert D. Foster to John Proctor, 20 June 1844; Docket Entry, ca. 14 June 1844, State of Illinois v. Norton [J.P. Ct. 1844], Hancock Co., IL, Robinson and Johnson Docket Book, 256, in Chicago Historical Society, Collection of Manuscripts about Mormons, CHL; JS, Journal, 14 and 18 June 1844; Clayton, Journal, 27 June 1844; Letter from Thomas Ford, 22 June 1844; see also “For the Neighbor,” Nauvoo Neighbor, 16 [26] June 1844, [2].)


Comprehensive Works Cited

Chicago Historical Society, Collection of Manuscripts about Mormons, 1832–1954. Microfilm. CHL. MS 8136.

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

Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

Neither complaint appears to be extant, so specific details regarding the allegations remain unknown.
23

Justice Smith referenced the complaints in the warrants he issued for JS and Hyrum Smith. (Warrant, 24 June 1844–A [State of Illinois v. JS and H. Smith for Treason]; Warrant, 24 June 1844–B [State of Illinois v. JS and H. Smith for Treason].)


Robert Smith’s docket book is apparently not extant, and he left no account of his decision to issue warrants for JS and Hyrum Smith.
24

Warrant, 24 June 1844–A [State of Illinois v. JS and H. Smith for Treason]; Warrant, 24 June 1844–B [State of Illinois v. JS and H. Smith for Treason].


Illinois law defined treason as “levying war against the government and people of this state” or “giving . . . aid, advice, and comfort” to the state’s enemies. The law indicated that treason consisted of committing an “open deed”—that is, an actual act of war and not simply words—that was established by the testimonies of two or more witnesses or the defendant’s confession.
25

An Act relative to Criminal Jurisprudence [26 Feb. 1833], Public and General Statute Laws of the State of Illinois, p. 202, sec. 20.


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.

The 19 June date referenced in the warrant may have referred to the date that
Bettisworth

14 July 1814–8 Nov. 1866. Constable, merchant. Born in Virginia. Son of Evan Bettisworth and Drusilla Bean. Moved to Chili Township, Hancock Co., Illinois, 1833. Hancock County constable who arrested JS, 12 June 1844. Carried news of deaths of JS and Hyrum...

View Full Bio
was expected to convene the posse comitatus to arrest JS. For his part, JS understood the treason charge against him as stemming from the order to call out the legion.
26

Letter to Emma Smith, 25 June 1844.


Governor 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
later noted that the “overt act of treason charged against them consisted in the alleged levying of war against the State by declaring martial law in Nauvoo, and in ordering out the legion to resist the posse comitatus” that was formed to assist Bettisworth in making the arrest.
27

Ford, who had previously served as a justice of the Illinois Supreme Court, noted in his 1854 History of Illinois that he viewed the question of JS’s guilt or innocence as hinging on the motives of the volunteers who assembled to join the posse comitatus. If they truly intended only to assist the civil authorities in bringing JS into custody, then JS’s actions might have proven treasonous. If the volunteers were instead vigilantes, intent on murdering JS—as, Ford conceded, actually happened—then JS’s actions would have probably not been deemed treasonable. (Ford, History of Illinois, 337, italics in original; see also Willard Richards, Journal Excerpt, 23–27 June 1844.)


Comprehensive Works Cited

Ford, Thomas. A History of Illinois, from Its Commencement as a State in 1818 to 1847. Containing a Full Account of the Black Hawk War, the Rise, Progress, and Fall of Mormonism, the Alton and Lovejoy Riots, and Other Important and Interesting Events. Chicago: S. C. Griggs; New York: Ivison and Phinney, 1854.

Although Ford’s assessment of the legal foundation of the treason charge could be applied to JS—as both mayor and lieutenant general of the legion, and as the originator of both the declaration of martial law and the order to muster troops—Hyrum Smith was not an officer in the legion. Without additional evidence, it remains unknown why he was charged with treason.
28

Hyrum Smith was appointed chaplain of the legion in 1841. At some point, he received the honorary title of brevet major general, but this did not grant him command in the organization. (Militia Returns, Nauvoo Legion, 23 Mar. 1841, [2], Illinois Governor, Military Correspondence, microfilm, CHL; John C. Bennett, “Officers of the Nauvoo Legion,” [1], Nauvoo Legion Records, CHL; Nauvoo Legion Minute Book, 20 May 1843, 32.)


Comprehensive Works Cited

Illinois Governor. Military Correspondence, 1839–1844. Microfilm. CHL. MS 8716.

Nauvoo Legion Records, 1841–1845. CHL. MS 3430.

Nauvoo Legion Minute Book, 1843–1844. Nauvoo Legion, Records, 1841–1845. CHL. MS 3430, fd. 1.

Based on the complaints from
Spencer

22 Dec. 1788–after 1860. Land speculator, laborer. Born in West Stockbridge, Berkshire Co., Massachusetts. Son of Daniel Spencer and Chloe Wilson. Married Eliza Brown, ca. 1816. Signed redress petition for wrongs committed against Latter-day Saints in Missouri...

View Full Bio
and
Norton

Dec. 1822–8 June 1896. Carpenter, miller, township officer. Born in New York. Moved to Canada as a teenager. Witness at trial concerning destruction of Nauvoo Expositor press, 17 June 1844, in Hancock Co., Illinois. Married first Lucinda O. Wells, 6 Jan. ...

View Full Bio
, Robert Smith issued warrants for JS and
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

View Full Bio
on 24 June 1844. In the interim, the Smith brothers had decided to answer the riot charge 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...

More Info
. Accompanied by other Latter-day Saints, they arrived in Carthage late that night.
29

Warrant, 24 June 1844–A [State of Illinois v. JS and H. Smith for Treason]; Warrant, 24 June 1844–B [State of Illinois v. JS and H. Smith for Treason]; Willard Richards, Journal Excerpt, 23–27 June 1844.


The following morning,
Bettisworth

14 July 1814–8 Nov. 1866. Constable, merchant. Born in Virginia. Son of Evan Bettisworth and Drusilla Bean. Moved to Chili Township, Hancock Co., Illinois, 1833. Hancock County constable who arrested JS, 12 June 1844. Carried news of deaths of JS and Hyrum...

View Full Bio
arrested the men named in the riot warrant issued on 11 June by
Morrison

Ca. 1817–13 Apr. 1849. Lawyer, justice of the peace, politician. Resided at Carthage, Hancock Co., Illinois, by 1840. Married Mary E. Wells, 25 Dec. 1844, in Hancock Co. Elected member of Illinois House of Representatives, 1846. Died in Carthage.

View Full Bio
. Bettisworth then served the treason warrants on JS and Hyrum Smith.
30

Willard Richards, Journal Excerpt, 23–27 June 1844; Warrant, 11 June 1844 [State of Illinois v. JS et al. for Riot–A]; Hugh T. Reid, “Statement of Facts!,” Times and Seasons, 1 July 1844, 5:561–562; James W. Woods, Statement, Times and Seasons, 1 July 1844, 5:563.


Comprehensive Works Cited

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

During the late afternoon of 25 June, Justice Smith, rather than Morrison, presided at a preliminary examination of JS and the other men charged with riot. The defendants voluntarily entered into $500 recognizances binding them to appear at the next session of the
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
Circuit Court for trial.
31

Willard Richards, Journal Excerpt, 23–27 June 1844; Introduction to State of Illinois v. JS et al. for Riot–A, State of Illinois v. JS for Riot on Habeas Corpus, State of Illinois v. H. Smith et al. on Habeas Corpus, and State of Illinois v. JS et al. for Riot–B.


Although most of the defendants in the riot case left that evening for
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
, JS and Hyrum Smith remained in custody on the treason charge.
32

Willard Richards, Journal Excerpt, 23–27 June 1844.


Around eight o’clock at night on 25 June,
Bettisworth

14 July 1814–8 Nov. 1866. Constable, merchant. Born in Virginia. Son of Evan Bettisworth and Drusilla Bean. Moved to Chili Township, Hancock Co., Illinois, 1833. Hancock County constable who arrested JS, 12 June 1844. Carried news of deaths of JS and Hyrum...

View Full Bio
presented the Smith brothers with a
mittimus

A written order commanding a jailer or keeper of a prison “to receive and safely keep, a person charged with an offence therein named, until he shall be delivered by due course of law.”

View Glossary
, or an order from Justice Smith that committed them to jail. Although the prisoners protested 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
that Justice Smith could not send them to jail because he had not held a legally required examination on the treason charge, the governor declined to interfere with judicial process and the defendants were placed in the jail for the night.
33

Willard Richards, Journal Excerpt, 23–27 June 1844; Mittimus, 25 June 1844 [State of Illinois v. JS and H. Smith for Treason]; Note from Thomas Ford, 26 June 1844; Hugh T. Reid, “Statement of Facts!,” Times and Seasons, 1 July 1844, 5:562.


Comprehensive Works Cited

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

In a letter JS wrote that day to 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
, he informed her of the treason charge, then added that “when the truth comes out we have nothing to fear. We all feel calm & composed.”
34

Letter to Emma Smith, 25 June 1844.


The prisoners spent the night and much of 26 June in the jail. Just after three thirty in the afternoon,
Bettisworth

14 July 1814–8 Nov. 1866. Constable, merchant. Born in Virginia. Son of Evan Bettisworth and Drusilla Bean. Moved to Chili Township, Hancock Co., Illinois, 1833. Hancock County constable who arrested JS, 12 June 1844. Carried news of deaths of JS and Hyrum...

View Full Bio
, accompanied by a guard, retrieved the prisoners and brought them before Justice Smith for an examination on the treason charge.
35

Willard Richards, Journal Excerpt, 23–27 June 1844; Order, 26 June 1844 [State of Illinois v. JS and H. Smith for Treason].


The State of
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
was represented by
Thomas Sharp

25 Sept. 1818–9 Apr. 1894. Teacher, lawyer, newspaper editor and publisher. Born in Mount Holly, Burlington Co., New Jersey. Son of Solomon Sharp and Jemima Budd. Lived at Smyrna, Kent Co., Delaware, June 1830. Moved to Carlisle, Cumberland Co., Pennsylvania...

View Full Bio
, editor of the Warsaw Signal and a leading antagonist of JS;
Thomas Morrison

Ca. 1817–13 Apr. 1849. Lawyer, justice of the peace, politician. Resided at Carthage, Hancock Co., Illinois, by 1840. Married Mary E. Wells, 25 Dec. 1844, in Hancock Co. Elected member of Illinois House of Representatives, 1846. Died in Carthage.

View Full Bio
, the justice of the peace who issued the warrant on 11 June against JS and seventeen others for allegedly committing riot in the destruction of the Expositor;
Onias Skinner

21 July 1817–4 Feb. 1877. Sailor, teacher, preacher, farmer, lawyer, railroad president. Born in Floyd, Oneida Co., New York. Son of Onias Skinner and Tirza. Moved to Whitestown, Oneida Co., by 1830; to Peoria Co., Illinois, 1836; and to Greenville, Darke...

View Full Bio
, a local attorney; and
Chauncey L. Higbee

7 Sept. 1821–7 Dec. 1884. Lawyer, banker, politician, judge. Born in Tate Township, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Lived in Fulton, Hamilton Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832...

View Full Bio
and
Sylvester Emmons

28 Feb. 1808–15 Nov. 1881. Lawyer, newspaper editor/publisher. Born in Readington Township, Hunterdon Co., New Jersey. Son of Abraham Emmons and Margaret Vlerebome. Moved to Philadelphia, 1831. Moved to Illinois, 1840. Admitted to bar in Hancock Co., Illinois...

View Full Bio
, two of the proprietors of the Expositor. JS and
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

View Full Bio
were represented by
Hugh T. Reid

8 Oct. 1811–21 Aug. 1874. Farmer, lawyer, land developer, railroad owner and operator. Born in what became Union Co., Indiana. Son of James Reid and Ann Thompson. Graduated from Indiana College, 1837. Admitted to Indiana bar, 1839. Moved to Fort Madison, ...

View Full Bio
and
James W. Woods

Ca. 1800–1886. Lawyer. Born near Boston, in Middlesex Co., Massachusetts. Son of Nehemiah Woods and Mary. Moved to Lincoln, Grafton Co., Massachusetts, by Feb. 1802. Moved to Virginia, 1824. Admitted to bar, 1827, in Lewisburg, Greenbrier Co., Virginia (later...

View Full Bio
, attorneys from
Iowa Territory

Area acquired by U.S. in Louisiana Purchase, 1803. First permanent white settlements established, ca. 1833. Organized as territory, 1838, containing all of present-day Iowa, much of present-day Minnesota, and parts of North and South Dakota. Population in...

More Info
who had represented them in the riot proceedings on 25 June. JS’s scribe
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
came prepared with a list of twenty-seven potential defense witnesses, and Justice Smith issued subpoenas, presumably based on the list. Smith adjourned the proceedings, saying the defense could have until noon on 27 June to assemble their witnesses. At five thirty on 26 June, JS and Hyrum Smith were returned to the jail. That evening, Justice Smith rescheduled the hearing to 29 June.
36

Willard Richards, Journal Excerpt, 23–27 June 1844; Gregg, History of Hancock County, 302, 748–750; Introduction to State of Illinois v. JS et al. for Riot–A, State of Illinois v. JS for Riot on Habeas Corpus, State of Illinois v. H. Smith et al. on Habeas Corpus, and State of Illinois v. JS et al. for Riot–B; Perrin, History of Cass County, 239; List of Witnesses, 26 June 1844 [State of Illinois v. JS and H. Smith for Treason]; Mittimus, 26 June 1844 [State of Illinois v. JS and H. Smith for Treason].


Comprehensive Works Cited

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.

Perrin, William Henry, ed. History of Cass County Illinois. Chicago: O. L. Baskin, 1882.

Shortly after five o’clock in the evening on 27 June, a mob stormed the jail and murdered JS and his brother, ending the state’s prosecution.
37

See the editorial note following the entry for 27 June 1844 in Willard Richards, Journal Excerpt, 23–27 June 1844.


 
Calendar of Documents
This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court. Where a version of a document was subsequently filed with another court, that version is listed under both courts.
 

1844 (9)

June (9)

Ca. 23 June 1844

Augustine Spencer, Complaint, Hancock Co., IL, ca. 23 June 1844–A

  • Ca. 23 June 1844. Not extant.
    1

    See Warrant, 24 June 1844–A [State of Illinois v. JS and H. Smith for Treason].


Ca. 23 June 1844

Henry Norton, Complaint, Hancock Co., IL, ca. 23 June 1844–B

  • Ca. 23 June 1844. Not extant.
    1

    See Warrant, 24 June 1844–B [State of Illinois v. JS and H. Smith for Treason].


24 June 1844

Robert Smith, Warrant, to “all Sheriffs Coroners and Constables” of Illinois, for JS, Carthage, Hancock Co., IL, 24 June 1844–A

  • 24 June 1844. Not extant.
  • Ca. 25 June 1844; JS Collection (Supplement), CHL; handwriting probably of Onias Skinner; docket probably in handwriting of Onias Skinner.
    1

    Onias Skinner represented the state of Illinois as a prosecutor on the treason charge and evidently made this copy of the warrant. One of JS’s associates, perhaps his scribe Willard Richards, obtained the copy, and it was subsequently retained among JS’s papers. (Willard Richards, Journal Excerpt, 23–27 June 1844.)


24 June 1844

Robert Smith, Warrant, to “all Sheriffs Coroners and Constables” of Illinois, for Hyrum Smith, Carthage, Hancock Co., IL, 24 June 1844–B

  • 24 June 1844; JS Office Papers, CHL; handwriting of Onias Skinner; docket in handwriting of Onias Skinner; docket in handwriting of Thomas Bullock.
25 June 1844

Robert Smith, Mittimus, to Hancock Co. Jailer, for JS and Hyrum Smith, Hancock Co., IL

  • 25 June 1844. Not extant.
  • 1 July 1844; in “Statement of Facts,” Times and Seasons, 1 July 1844, 5:562.
26 June 1844

Robert Smith, Order, to David Bettisworth, Hancock Co., IL

  • 26 June 1844. Not extant.
  • 1 July 1844; in “Statement of Facts,” Times and Seasons, 1 July 1844, 5:562.
26 June 1844

Willard Richards, List of Witnesses, Hancock Co., IL

  • 26 June 1844; JS Office Papers, CHL; handwriting of Willard Richards; docket in handwriting of Willard Richards; docket in handwriting of Thomas Bullock.
26 June 1844

Robert Smith, Subpoenas, Hancock Co. IL

  • 26 June 1844. Not extant.
    1

    At a hearing held on 26 June 1844, Justice of the Peace Robert Smith held a preliminary examination on the treason charge. Willard Richards submitted a list of twenty-seven potential defense witnesses. Smith issued an unknown number of subpoenas for those named and adjourned until noon on 27 June. (Willard Richards, Journal Excerpt, 23–27 June 1844.)


26 June 1844

Robert Smith, Mittimus, to Hancock Co. Jailer, for JS and Hyrum Smith, Hancock Co., IL

  • 26 June 1844. Not extant.
  • Ca. 26 June 1844; JS Office Papers, CHL; handwriting of Willard Richards; docket and notation in handwriting of Willard Richards.
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Related Case Documents
Editorial Title
Introduction to State of Illinois v. JS and H. Smith for Treason
ID #
19488
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      Warrant, 24 June 1844–A [State of Illinois v. JS and H. Smith for Treason]; Willard Richards, Journal Excerpt, 23–27 June 1844; Letter to Emma Smith, 25 June 1844; Military Order to Jonathan Dunham, 17 June 1844–A; Proclamation, 18 June 1844.

    2. [2]

      Introduction to State of Illinois v. JS et al. for Riot–A, State of Illinois v. JS for Riot on Habeas Corpus, State of Illinois v. H. Smith et al. on Habeas Corpus, and State of Illinois v. JS et al. for Riot–B.

    3. [3]

      Introduction to State of Illinois v. JS et al. for Riot–A, State of Illinois v. JS for Riot on Habeas Corpus, State of Illinois v. H. Smith et al. on Habeas Corpus, and State of Illinois v. JS et al. for Riot–B.

    4. [4]

      Warsaw (IL) Signal, 19 June 1844, [1]; S. Otho Williams, Carthage, IL, to John A. Prickett, Alton, IL, 10 July 1844, in Chicago Historical Society, Collection of Manuscripts about Mormons, CHL.

      Warsaw Signal. Warsaw, IL. 1841–1853.

      Chicago Historical Society, Collection of Manuscripts about Mormons, 1832–1954. Microfilm. CHL. MS 8136.

    5. [5]

      Warsaw (IL) Signal, 19 June 1844, [1]–[2].

      Warsaw Signal. Warsaw, IL. 1841–1853.

    6. [6]

      Illinois Constitution of 1818, art. 3, sec. 10; An Act for the Organization and Government of the Militia of This State [2 Mar. 1833], Public and General Statute Laws of the State of Illinois, p. 483, sec. 43; see also “Illinois and Missouri,” Times and Seasons, 15 Aug. 1843, 4:292–294; and Letter from Thomas Ford, 12 Dec. 1843.

      Illinois Office of Secretary of State. First Constitution of Illinois, 1818. Illinois State Archives, Springfield.

      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.

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

    7. [7]

      S. Otho Williams, Carthage, IL, to John A. Prickett, [Alton, IL], 10 July 1844, 2; Lima Guards Roll, [1844]; Farmers’ Guards Company Return, 21 Nov. 1844; Camp Creek Company Return, 21 Nov. 1844; Illinois Militia, 5th Division, 4th Brigade, 59th Regiment Muster Roll, 4 Dec. 1844, Collection of Manuscripts about Mormons, Abakanowicz Research Center, Chicago History Museum, Chicago; Message of the Governor of the State of Illinois, 3.

      Collection of Manuscripts about Mormons, 1832–1954. Abakanowicz Research Center, Chicago History Museum, Chicago. Microfilm copy in Chicago Historical Society, Collection of Manuscripts about Mormons, 1832–1954, CHL.

      Message of the Governor of the State of Illinois, in Relation to the Disturbances in Hancock County, December, 21, 1844. Springfield, IL: Walters and Weber, 1844.

    8. [8]

      Letter to Thomas Ford, 14 June 1844; Letter to Thomas Ford, 16 June 1844.

    9. [9]

      Act to Incorporate the City of Nauvoo, 16 Dec. 1840.

    10. [10]

      Letter to Thomas Ford, 1 Jan. 1844.

    11. [11]

      Affidavit from Stephen Markham, 17 June 1844; JS, Journal, 17 June 1844; Mayor’s Order to John P. Greene, 17 June 1844; Military Order to Jonathan Dunham, 17 June 1844–A.

    12. [12]

      Proclamation, 18 June 1844.

    13. [13]

      William Blackstone, whose commentaries on English law were highly influential in the United States, explained that martial law had no place in “the permanent and perpetual laws” of England and that it was “built upon no settled principles” but was “entirely arbitrary in its decisions.” It was “in truth and reality no law, but something indulged rather than allowed as a law.” Blackstone contended that it could not be imposed in peacetime when the courts of law operated freely. Although JS cited Blackstone and other legal commentaries when performing his responsibilities as mayor and a justice of the peace, it is unknown whether he consulted such resources when preparing his declaration of martial law. (Friedman, History of American Law, xx, 71, 83; Blackstone, Commentaries, vol. 1, bk. 1, p. 413; Trial Report, 4–22 Mar. 1843 [Dana v. Brink]; Letter to Thomas Ford, 22–23 June 1844.)

      Friedman, Lawrence M. A History of American Law. 4th ed. New York: Oxford University Press, 2019.

      Blackstone, William. Commentaries on the Laws of England: In Four Books; with an Analysis of the Work. By Sir William Blackstone, Knt. One of the Justices of the Court of Common Pleas. In Two Volumes, from the Eighteenth London Edition. . . . 2 vols. New York: W. E. Dean, 1840.

    14. [14]

      Proclamation, 18 June 1844.

    15. [15]

      Letter to Thomas Ford, 22–23 June 1844.

    16. [16]

      “Latest News,” and “Postscript,” Warsaw (IL) Signal, 19 June 1844, [2].

      Warsaw Signal. Warsaw, IL. 1841–1853.

    17. [17]

      Affidavit from James Camron, 19 June 1844; Affidavit from William Loomis, 20 June 1844; Affidavit from Samuel Hicks, 21 June 1844; Affidavit from H. Rosenkrantz, 22 June 1844; Affidavit from Luther Taylor, 22 June 1844; Affidavit Form, ca. 22 June 1844.

    18. [18]

      Ford named John A. Hicks, Henry Norton, Andrew J. Higbee, John Eagle, P. J. Rolfe, Peter Lemon, and J. G. Rolph as the detainees. (Letter from Thomas Ford, 22 June 1844.)

    19. [19]

      Ford, Message of the Governor, 3.

      Message of the Governor of the State of Illinois, in Relation to the Disturbances in Hancock County, December, 21, 1844. Springfield, IL: Walters and Weber, 1844.

    20. [20]

      Letter from Thomas Ford, 22 June 1844.

    21. [21]

      JS, Journal, 22 June 1844. In a letter written to Ford during the night of 22–23 June 1844, JS defended his decision to call out the legion as a necessary measure to protect the city and argued that any detentions were made for breaches of the peace. He also assured the governor that the detained individuals had been released. (Letter to Thomas Ford, 22–23 June 1844.)

    22. [22]

      JS prosecuted Spencer in the Nauvoo mayor’s court on 26 April 1844 for attacking his brother Orson Spencer and for making derogatory comments about the church. When Augustine Spencer was detained, Chauncey L. Higbee, Robert D. Foster, and Charles A. Foster, all of whom later became proprietors of the Nauvoo Expositor, refused to assist in his arrest after being called upon by city officers to do so. Spencer’s subsequent activities in Nauvoo are unknown. Robert D. Foster referred to Norton as one of his “boys.” In mid-June 1844, Hancock County justice of the peace Aaron Johnson tried and acquitted Norton for allegedly trying to burn down the Expositor office at the behest of Foster. On 18 June, Norton reportedly threatened JS’s life. However, after an examination before an unidentified justice of the peace, he was discharged. Finally, Norton was detained under JS’s martial law order. Norton’s interactions with Hyrum Smith during this time are unknown. (Introduction to City of Nauvoo v. A. Spencer; “Prospectus of the Nauvoo Expositor,” Nauvoo Expositor, 7 June 1844, [4]; Letter, Robert D. Foster to John Proctor, 20 June 1844; Docket Entry, ca. 14 June 1844, State of Illinois v. Norton [J.P. Ct. 1844], Hancock Co., IL, Robinson and Johnson Docket Book, 256, in Chicago Historical Society, Collection of Manuscripts about Mormons, CHL; JS, Journal, 14 and 18 June 1844; Clayton, Journal, 27 June 1844; Letter from Thomas Ford, 22 June 1844; see also “For the Neighbor,” Nauvoo Neighbor, 16 [26] June 1844, [2].)

      Chicago Historical Society, Collection of Manuscripts about Mormons, 1832–1954. Microfilm. CHL. MS 8136.

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

      Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

    23. [23]

      Justice Smith referenced the complaints in the warrants he issued for JS and Hyrum Smith. (Warrant, 24 June 1844–A [State of Illinois v. JS and H. Smith for Treason]; Warrant, 24 June 1844–B [State of Illinois v. JS and H. Smith for Treason].)

    24. [24]

      Warrant, 24 June 1844–A [State of Illinois v. JS and H. Smith for Treason]; Warrant, 24 June 1844–B [State of Illinois v. JS and H. Smith for Treason].

    25. [25]

      An Act relative to Criminal Jurisprudence [26 Feb. 1833], Public and General Statute Laws of the State of Illinois, p. 202, sec. 20.

      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.

    26. [26]

      Letter to Emma Smith, 25 June 1844.

    27. [27]

      Ford, who had previously served as a justice of the Illinois Supreme Court, noted in his 1854 History of Illinois that he viewed the question of JS’s guilt or innocence as hinging on the motives of the volunteers who assembled to join the posse comitatus. If they truly intended only to assist the civil authorities in bringing JS into custody, then JS’s actions might have proven treasonous. If the volunteers were instead vigilantes, intent on murdering JS—as, Ford conceded, actually happened—then JS’s actions would have probably not been deemed treasonable. (Ford, History of Illinois, 337, italics in original; see also Willard Richards, Journal Excerpt, 23–27 June 1844.)

      Ford, Thomas. A History of Illinois, from Its Commencement as a State in 1818 to 1847. Containing a Full Account of the Black Hawk War, the Rise, Progress, and Fall of Mormonism, the Alton and Lovejoy Riots, and Other Important and Interesting Events. Chicago: S. C. Griggs; New York: Ivison and Phinney, 1854.

    28. [28]

      Hyrum Smith was appointed chaplain of the legion in 1841. At some point, he received the honorary title of brevet major general, but this did not grant him command in the organization. (Militia Returns, Nauvoo Legion, 23 Mar. 1841, [2], Illinois Governor, Military Correspondence, microfilm, CHL; John C. Bennett, “Officers of the Nauvoo Legion,” [1], Nauvoo Legion Records, CHL; Nauvoo Legion Minute Book, 20 May 1843, 32.)

      Illinois Governor. Military Correspondence, 1839–1844. Microfilm. CHL. MS 8716.

      Nauvoo Legion Records, 1841–1845. CHL. MS 3430.

      Nauvoo Legion Minute Book, 1843–1844. Nauvoo Legion, Records, 1841–1845. CHL. MS 3430, fd. 1.

    29. [29]

      Warrant, 24 June 1844–A [State of Illinois v. JS and H. Smith for Treason]; Warrant, 24 June 1844–B [State of Illinois v. JS and H. Smith for Treason]; Willard Richards, Journal Excerpt, 23–27 June 1844.

    30. [30]

      Willard Richards, Journal Excerpt, 23–27 June 1844; Warrant, 11 June 1844 [State of Illinois v. JS et al. for Riot–A]; Hugh T. Reid, “Statement of Facts!,” Times and Seasons, 1 July 1844, 5:561–562; James W. Woods, Statement, Times and Seasons, 1 July 1844, 5:563.

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

    31. [31]

      Willard Richards, Journal Excerpt, 23–27 June 1844; Introduction to State of Illinois v. JS et al. for Riot–A, State of Illinois v. JS for Riot on Habeas Corpus, State of Illinois v. H. Smith et al. on Habeas Corpus, and State of Illinois v. JS et al. for Riot–B.

    32. [32]

      Willard Richards, Journal Excerpt, 23–27 June 1844.

    33. [33]

      Willard Richards, Journal Excerpt, 23–27 June 1844; Mittimus, 25 June 1844 [State of Illinois v. JS and H. Smith for Treason]; Note from Thomas Ford, 26 June 1844; Hugh T. Reid, “Statement of Facts!,” Times and Seasons, 1 July 1844, 5:562.

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

    34. [34]

      Letter to Emma Smith, 25 June 1844.

    35. [35]

      Willard Richards, Journal Excerpt, 23–27 June 1844; Order, 26 June 1844 [State of Illinois v. JS and H. Smith for Treason].

    36. [36]

      Willard Richards, Journal Excerpt, 23–27 June 1844; Gregg, History of Hancock County, 302, 748–750; Introduction to State of Illinois v. JS et al. for Riot–A, State of Illinois v. JS for Riot on Habeas Corpus, State of Illinois v. H. Smith et al. on Habeas Corpus, and State of Illinois v. JS et al. for Riot–B; Perrin, History of Cass County, 239; List of Witnesses, 26 June 1844 [State of Illinois v. JS and H. Smith for Treason]; Mittimus, 26 June 1844 [State of Illinois v. JS and H. Smith for Treason].

      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.

      Perrin, William Henry, ed. History of Cass County Illinois. Chicago: O. L. Baskin, 1882.

    37. [37]

      See the editorial note following the entry for 27 June 1844 in Willard Richards, Journal Excerpt, 23–27 June 1844.

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