Footnotes
Lazare, American Book-Prices Current (1951), xxiii, 599; Sandburg, Lincoln Collector, 3–8.
Lazare, Edward, ed. American Book-Prices Current, a Record of Literary Properties Sold at Auction in the United States during the Seasons of 1950–1951. New York: R. R. Bowker, 1951.
Sandburg, Carl. Lincoln Collector: The Story of Oliver R. Barrett’s Great Private Collection. New York City: Harcourt, Brace, 1950.
Withington, Catalogue of Manuscripts in the Collection of Western Americana, 244.
Withington, Mary C., comp. A Catalogue of Manuscripts in the Collection of Western Americana Founded by William Robertson Coe, Yale University Library. New Haven, CT: Yale University Press, 1952.
Footnotes
Hyrum Smith, Diary, 31 Mar. 1839; Ruling, Richmond, MO, Nov. 1838, p. [124], State of Missouri v. JS et al. for Treason and Other Crimes (Mo. 5th Jud. Cir. 1838), in State of Missouri, “Evidence”; An Act to Prescribe the Times of Holding Courts in the Eleventh Judicial Circuit [12 Feb. 1839], Laws of the State of Missouri [1839], p. 36.
Smith, Hyrum. Diary, Mar.–Apr. 1839, Oct. 1840. CHL. MS 2945.
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.
On 4 April 1839, Hyrum Smith named in his journal six Missouri counties—Audrain, Monroe, Shelby, Clark, Lewis, and Marion—presumably as potential destinations for the venue change. (Hyrum Smith, Diary, 4 Apr. 1839.)
Smith, Hyrum. Diary, Mar.–Apr. 1839, Oct. 1840. CHL. MS 2945.
This assumption is based on the speed that contemporary correspondence was delivered through the mail. Hyrum Smith sent a letter, postmarked 5 April 1839, from the Liberty post office to his wife, Mary Fielding Smith, in Quincy. In her 11 April 1839 letter to her husband, she added an undated postscript acknowledging receipt of his missive. (Hyrum Smith, Liberty, MO, to Mary Fielding Smith, Quincy, IL, 23 Mar. 1839; Mary Fielding Smith, [Quincy, IL], to Hyrum Smith, 11 Apr. 1839, Mary Fielding Smith, Collection, CHL.)
Smith, Mary Fielding. Collection, ca. 1832–1848. CHL. MS 2779.
For a description of the Clay County jail, see Introduction to Part 3: 4 Nov. 1838–16 Apr. 1839.
JS and his fellow prisoners were incarcerated in the Clay County jail on 1 December 1838. JS was arrested on 31 October 1838, which may be the date he was using as the basis for his calculation of “five months and six days.” (Letter to Emma Smith, 1 Dec. 1838.)
The prisoners began seeking a change of venue as early as January 1839. On 24 January, the prisoners argued in a memorial to the Missouri legislature that they could not receive a fair trial within the fifth judicial circuit. Their petition led to a revised Missouri statute that permitted changes of venue between circuits. Ultimately, the prisoners received a change of venue on different grounds: the legislature reorganized the state’s second and fifth judicial circuits, with Daviess County becoming part of the newly created eleventh circuit. The judge appointed to the eleventh circuit was Thomas Burch, who previously served as the prosecuting attorney in the prisoners’ case. In cases in which the judge previously served as counsel, Missouri law mandated a change of venue. (Historical Introduction to Memorial to the Missouri Legislature, 24 Jan. 1839; Historical Introduction to Promissory Note to John Brassfield, 16 Apr. 1839.)
See 2 Chronicles 32:8.
In a 22 March 1839 letter to Isaac Galland, JS similarly commented that the church’s enemies believed “the State will be ruined, if the Mormon leaders are liberated, so that they can publish the real facts, of what has been practised upon them.” (Letter to Isaac Galland, 22 Mar. 1839.)