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Letter to Thomas Ford, 22–23 June 1844

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Letter to Thomas Ford, 22–23 June 1844

Source Note

JS, Letter, , Hancock Co., IL, to , [, Hancock Co., IL], 22[–23] June 1844. Featured version drafted 22[–23] June 1844; handwriting of ; four pages; JS Collection, CHL. Includes dockets, use marks, redactions, and notation.
Bifolium measuring 12⅜ × 7⅝ inches (31 × 19 cm). A circular embossment appears on the upper left corner of the first page. Before the letter was written, the bifolium was used as an abecedarium. A partial alphabet was written near the top of the first page, while “Riley Eaton’s Writing or Copy Book” was written near the top of the second page. The letter was folded in half twice horizontally for filing. It was later refolded.
The document was docketed 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. It was later docketed by , who served as JS’s scribe from 1843 to 1844 and as clerk to the church historian and recorder from 1845 to 1865. The document was listed in an inventory that was produced by the Church Historian’s Office (later Church Historical Department) circa 1904. The notation “A.J.” was added to the letter in graphite by Andrew Jenson, who began working in the Church Historian’s Office in 1891 and served as assistant church historian from 1897 to 1941. By 1973 the letter had been included in the JS Collection at the Church Historical Department (now CHL). The document’s early dockets, its listing in the circa 1904 inventory, its notation, and its later inclusion in the JS Collection indicate continuous institutional custody.

Footnotes

  1. 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–.

  2. 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.

  3. “Letters to and from the Prophet,” ca. 1904, [4], Historian’s Office, Catalogs and Inventories, 1846–1904, CHL.

    Historian’s Office. Catalogs and Inventories, 1846–1904. CHL. CR 100 130.

  4. 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.

  5. See the full bibliographic entry for JS Collection, 1827–1844, in the CHL catalog.

Historical Introduction

Late into the night of 22–23 June 1844, JS composed a letter from , Illinois, to Governor in , Illinois, responding to a letter Ford had sent to JS on 22 June and defending the legality of his recent actions in ordering the destruction of the Nauvoo Expositor’s press and in using the powers of Nauvoo’s municipal court. Ford had written his letter after hearing evidence from and reviewing affidavits and other documents carried by and —envoys sent by JS to explain to Ford the Nauvoo City Council’s decision to the Expositor. In his letter, the governor concluded that the abatement was illegal and told JS that he and the others responsible for the destruction of the press must submit to arrest and come to Carthage to appear at a hearing. Ford warned that if they did not, he would be compelled to call out the militia, despite his concern about his ability to prevent militia members from attacking the people of Nauvoo.
delivered his letter to Captain Christopher Yates and a posse of between ten and thirty individuals around five o’clock in the afternoon. Yates’s posse immediately left for with and , arriving at approximately ten o’clock that night. Upon their arrival, JS immediately called a council at the to receive a report from Bernhisel and Taylor and to consider Ford’s letter. Taylor later recalled, “Br. Joseph was very much dissatisfied with the Governors letter and with his general deportment, and so were the council; and it became a serious question, as to the course we should pursue.” The council discussed a variety of actions, but it came to no definitive conclusions “for some time.” At some point during these discussions, JS excused himself and met with two sons of secretary of state who had made a brief stop in Nauvoo that evening during a tour of the western United States. JS gave them “a full description of his difficulties, and also an exposition of his faith.” He then returned to the council meeting.
After returning, JS composed his late-night reply to , apparently dictating the text to , who inscribed the draft. In the letter, JS rejected the governor’s charge that he was unwilling to submit to a court outside . He explained that he and others had been reluctant to go to because of the personal danger they felt they would face there. JS also maintained his belief that his and the city council’s actions had been in accordance with legal requirements. If they had acted inappropriately, JS continued, he was willing to accept correction from the Supreme Court. On the larger issue of the legality of the Expositor’s , JS reiterated his stance that the Illinois state constitution, the act incorporating Nauvoo, or Nauvoo charter, and legal precedent allowed the city to declare the newspaper a public nuisance and destroy it. JS also responded to rumors that Nauvoo officials had detained individuals for violating JS’s 18 June declaration of martial law. He explained that all those who had been arrested had violated city ordinances and had been released by the time he wrote the letter. Finally, responding to Ford’s insistence that JS and others submit to arrest and come to Carthage, JS explained that he questioned Ford’s ability to guarantee his safety. Rather than come to Carthage, JS informed Ford, he intended to go to and appeal his case to the federal government.
’s draft of the letter is dated “June 22. 12. 〈oclock〉 P. M.” Because the letter was written in response to ’s letter to JS dated 22 June, which JS received that evening, it is certain that the letter was not written at noon on 22 June. The draft was likely begun shortly before midnight on 22 June and was then finished in the early morning hours of 23 June. After the draft was completed, Richards or another clerk presumably made a fair copy to send to Ford. Instructions were apparently then given for the letter’s delivery. All of this evidently occurred before around two o’clock in the morning, when JS and Richards left with and and crossed the into , apparently to make their way toward —presumably intending to take a route of travel around rather than through the state of .
The midnight letter was presumably received by in on 23 June. Although no reply has been located, it is apparent that the letter was sent, because JS referenced it in another letter he sent to Ford later that day. It may be that Ford did not attempt to send a reply to JS in or anywhere else because JS had informed Ford that he planned to leave Nauvoo and travel to the nation’s capital.
The letter JS sent to is apparently not extant. The draft inscribed by is featured here.

Footnotes

  1. JS sent Taylor and Bernhisel to Carthage with various documents on the evening of 21 June. (JS, Journal, 21 June 1844; John Taylor, Statement, 23 Aug. 1856, 20–24, Historian’s Office, JS History, Draft Notes, CHL; see also Letter to Thomas Ford, 21 June 1844.)

  2. Letter from Thomas Ford, 22 June 1844.

  3. 1850 U.S. Census, Hancock Co., IL, 294[A]; John Taylor, Statement, 23 Aug. 1856, 24–25, Historian’s Office, JS History, Draft Notes, CHL; Message of the Governor, 9; Clayton, Journal, 22–23 June 1844; Events of June 1844; Richards, Journal, 22 June 1844. Taylor later recalled returning to Nauvoo around eight or nine o’clock in the evening, but his recollection was written approximately twelve years later.

    Census (U.S.) / U.S. Bureau of the Census. Population Schedules. Microfilm. FHL.

    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.

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

    Richards, Willard. Journals, 1836–1853. Willard Richards, Papers, 1821–1854. CHL. MS 1490, boxes 1–2.

  4. John Taylor, Statement, 23 Aug. 1856, 25, Historian’s Office, JS History, Draft Notes, CHL; Cannon, “John C. Calhoun, Jr., Meets the Prophet Joseph Smith,” 776–777, 779; Welch, “Joseph Smith’s Iowa Quest for Legal Assistance,” 122. Taylor later recalled that the council consisted of him, Bernhisel, JS, Hyrum Smith, Willard Richards, and one or two other individuals.

    Cannon, Brian Q. “John C. Calhoun, Jr., Meets the Prophet Joseph Smith Shortly before the Departure for Carthage.” BYU Studies 33, no. 4 (1993): 772–780.

    Welch, John W. “Joseph Smith’s Iowa Quest for Legal Assistance: His Letters to Edward Johnstone and Others on Sunday, June 23, 1844.” BYU Studies 57, no. 3 (2018): 111–142.

  5. John Taylor, Statement, 23 Aug. 1856, 25, Historian’s Office, JS History, Draft Notes, CHL. The two sons were Patrick Calhoun, twenty-three years old, and John C. Calhoun Jr., twenty-one years old. (Cannon, “John C. Calhoun, Jr., Meets the Prophet Joseph Smith,” 773–774, 777.)

    Cannon, Brian Q. “John C. Calhoun, Jr., Meets the Prophet Joseph Smith Shortly before the Departure for Carthage.” BYU Studies 33, no. 4 (1993): 772–780.

  6. Willard Richards, Journal Excerpt, 23–27 June 1844; JS History, vol. F-1, 147.

  7. Letter to Thomas Ford, 23 June 1844.

Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. *Letter to Thomas Ford, 22–23 June 1844 History, 1838–1856, volume F-1 [1 May 1844–8 August 1844] “History of Joseph Smith”
all the time no one person to our knowledge has been arrested only for violatin of the peace. & those some of our own citizens.— All of whom we believe are now discharged.—
And if any property has been taken <​for public benefit​> without a compensatin. or against it has been done without our knowledge or conse[n]t & when shown shall be corrected. if the people will permit us to resume our usual labors.
If we “have committed any a Gross outrage upon the <​Laws &​> liberties of the people” as your represents we are ready to correct that outrage, when the testimony is forth coming, all Men are bound to act in their sphere on their own judgmet and it would be quite impossible for us to know what your ’s Judment would have been in the case refered to. consequently acted on our own and according to our best Judment after having taken able council in the case. But since you require us to be forth coming <​if we have erred we again say we will make all right if we can have the privilege.—​>
“The constitution also provid[e]s that the people shall be protected again[s]t all unreasonable search & seasure” true, but <​does​> this refer particularly the doctrine we believe most fully. and have acted upon it, but we do not beli[e]ve it unreasonable, to search so far as it is necessary to prevent the destruction of <​protect​> lives life.— & property which has been the case in all <​from destruction,​> And we are confidant that nothing more has been done, if any thing, by us in the pervious
We do not believe <​in​> the “Union of Legislative & judicial power” and we have not so under[s]tood the action of the case, in qustin [question]
Whatever power we have exe[r]cised in the , has been done under in accordance with the strict Letter of the Charter, <​&​> and Constitutin & ordinences, as we confidently understnd them.— and that too with the ablest counsel— and but if it be so that we have Erred in this thing. Let the Supreme Court Correct the evil. we have never gone cont[ra]ry to constitutionality Law. so far as we have been able to learn it. If Lawye[r]s have belied their profession, to abuse us, the evil be on there heads
You have intimated that no press had been as a nuisance in the . we refer your to Richard <​Humphrey​> vs [p. [2]]
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Related Case Documents
Editorial Title
Letter to Thomas Ford, 22–23 June 1844
ID #
1434
Total Pages
4
Print Volume Location
Handwriting on This Page
  • Willard Richards

Footnotes

  1. On 19 June, William Clayton recorded that Nauvoo resident John A. Hicks was “arrested for attempting to violate the law & go to Carthage” in defiance of JS’s 18 June declaration of martial law, which had ordered the Nauvoo police and the Nauvoo Legion to “strictly see that no persons or property pass in or out of the city without due orders.” (William Clayton, Daily Account of JS’s Activities, 14–22 June 1844; Proclamation, 18 June 1844.)

  2. In his letter to JS, Ford explained that he had heard rumors that John A. Hicks, Henry Norton, Andrew J. Higbee, John Eagle, P. T. Rolfe, Peter Lemon, and T. J. Rolph had been “detained against their will by Marshall law.” Ford explained that it would “tend greatly to allay Excitement if they Shall be immediately discharged and Suffered to go without molestation.” (Letter from Thomas Ford, 22 June 1844.)

  3. Ford explained that it was “reported here and generally believed . . . that there are many foraging parties abroad from Nauvoo committing depredations upon the cattle and property in the vicinity.” He thus urged JS and the Nauvoo City Council to “abstain from all injury to private property.” (Letter from Thomas Ford, 22 June 1844.)

  4. A later revision by Thomas Bullock clarifies that this should read “against the will of the owner.”

  5. The history of the Nauvoo Legion indicates that on 19 June, JS ordered “that all the powder & lead be secured in the City & that all arms be in use & all vacant arms be put into the hands of some who could use them.” The following day, JS “made arrangements to procure provisions for the inhabitants of the City upon which a large ammount of provision were obtanied.” It is unclear whether these supplies were purchased or impressed. However, by 22 June an officer in the Nauvoo Legion was using the Nauvoo Expositor’s printing office as headquarters for his regiment. (Stout, “History of the Nauvoo Legion,” 19–20 June 1844; “Quarters of Colonels Commanding Regiments in Second Cohort Nauvoo Legion,” Second Cohort Activities, 17–23 June 1844, Nauvoo Legion Records, CHL.)

  6. In his letter to JS, Ford wrote, “I now express to you my opinion that your conduct in the destruction of the press was a very gross outrage upon the laws and the liberties of the people.” (Letter from Thomas Ford, 22 June 1844.)

  7. The “able council” may have been George Stiles, who was elected as Nauvoo city attorney during a Nauvoo City Council meeting on 13 April 1844. He attended the meetings of the Nauvoo City Council on both 8 and 10 June, offering his opinion on various topics, including the proposal to declare the Nauvoo Expositor a public nuisance. (Nauvoo City Council Rough Minute Book, 13 Apr. 1844, 8; Minutes, 8 June 1844; Minutes, 10 June 1844.)

  8. In his letter to JS, Ford referred to the 1818 Illinois state constitution, which stipulated “that the people shall be secure in their persons, houses, papers and possessions from unreasonable searches and seizures.” (Letter from Thomas Ford, 22 June 1844; Illinois Constitution of 1818, art. 8, sec. 7.)

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

  9. In his letter to JS, Ford—referring specifically to the city council’s deliberations on the Nauvoo Expositor—stated, “The constitution abhors and will not tolerate the union of Legislative and Judicial power in the same body of Magistracy Because, as in this case, they will first make a tyrannical law, and then execute it in a tyrannical manner.” (Letter from Thomas Ford, 22 June 1844.)

  10. Ford accused JS and the Nauvoo City Council of having “assumed to yourselves more power than you are entitled to in relation to writs of habeas, under your charter.” The Nauvoo city charter granted the Nauvoo Municipal Court the “power to grant writs of habeas corpus in all cases arising under the ordinances of the City Council.” In 1842 the Nauvoo City Council passed a series of ordinances that expanded the municipal court’s habeas corpus powers, which drew criticisms from Ford’s predecessor, Thomas Carlin, who believed they represented a “gross usurpation of power.” (Letter from Thomas Ford, 22 June 1844; Act to Incorporate the City of Nauvoo, 16 Dec. 1840; Historical Introduction to Docket Entry, 18–31 May 1844; Nauvoo City Council Minute Book, 8 Aug. 1842, 98; JS, Journal, 12 Sept. 1842.)

  11. In his previous correspondence with Ford, JS stated his willingness to be investigated “before Judge [Nathaniel] Pope or any legal tribunal at the Capital.” Pope was a judge for the United States Circuit Court for the District of Illinois, and the Illinois Supreme Court was also housed at Springfield. JS appears to have been open to appearing before either of those bodies so that they might adjudicate the charge of riot. (Letter to Thomas Ford, 14 June 1844.)

  12. In a December 1844 address to the Illinois state legislature, Ford criticized the Nauvoo Municipal Court’s use of writs of habeas corpus, stating that it was “irregular and illegal, and not to be endured in a free country.” At the same time, he acknowledged that the Nauvoo Municipal Court “had been repeatedly assured by some of the best lawyers in the State, who had been candidates for office, before that people, that it had full and competent power to issue writs of habeas corpus in all cases whatever.” (Message of the Governor, 4.)

    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.

  13. In his letter to JS, Ford stated that “no other State, county, city Town, or Territory in the United States” had ever thought of abating a newspaper on the grounds of libel. (Letter from Thomas Ford, 22 June 1844.)

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