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Memorial to the United States Senate and House of Representatives, 28 November 1843

Source Note

JS and 3,418 others, Memorial,
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
, Hancock Co., IL, to the United States Senate and House of Representatives,
Washington DC

Created as district for seat of U.S. federal government by act of Congress, 1790, and named Washington DC, 1791. Named in honor of George Washington. Headquarters of executive, legislative, and judicial branches of U.S. government relocated to Washington ...

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, 28 Nov. 1843; handwriting of
Thomas Bullock

23 Dec. 1816–10 Feb. 1885. Farmer, excise officer, secretary, clerk. Born in Leek, Staffordshire, England. Son of Thomas Bullock and Mary Hall. Married Henrietta Rushton, 25 June 1838. Moved to Ardee, Co. Louth, Ireland, Nov. 1839; to Isle of Anglesey, Aug...

View Full Bio
; signatures of memorialists; fifty-three pages; Records of the United States Senate, Record Group 46, National Archives and Records Administration, Washington DC. Transcription from digital images of the document provided by the National Archives, Washington DC.
The memorial was presented to Congress as one long scroll, with all the pages attached together. This website presents all of the rectos first and then all of the versos. On the verso of the first page, an unidentified scribe docketed the memorial after the pages were attached together. The remaining versos are blank except for the notation “Ramus” on the verso of page 45.

Historical Introduction

In early November 1843, in
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
, Illinois, JS accepted a proposal from Colonel
John A. Frierson

1804–18 May 1844. U.S. surveyor, politician. Born in South Carolina. Moved to Muscatine Co., Iowa Territory, 1837. Elected to represent Muscatine, Louisa, and Slaughter counties in first Iowa territorial legislature, 1838–1839. Appointed brigadier general...

View Full Bio
to help prepare a memorial to the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

More Info
Congress on behalf of members of the
Church of Jesus Christ of Latter-day Saints

The Book of Mormon related that when Christ set up his church in the Americas, “they which were baptized in the name of Jesus, were called the church of Christ.” The first name used to denote the church JS organized on 6 April 1830 was “the Church of Christ...

View Glossary
. Frierson was a United States surveyor,
Quincy

Located on high limestone bluffs east of Mississippi River, about forty-five miles south of Nauvoo. Settled 1821. Adams Co. seat, 1825. Incorporated as town, 1834. Received city charter, 1840. Population in 1835 about 800; in 1840 about 2,300; and in 1845...

More Info
, Illinois resident, and outsider to the church who knew about and sympathized with the Saints’ suffering during the
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

More Info
persecutions of the 1830s. Having learned that JS and the Saints were planning to petition the United States Congress to secure redress for their losses, Frierson offered in October 1843 to assist with their attempt to obtain justice.
1

JS, Journal, 25 Nov. 1843; Letter from Joseph L. Heywood, 23 Oct. 1843. Frierson was apparently well connected with members of Congress and willing to use his influence for the Saints’ benefit. In a letter dated 12 October 1843, Frierson informed erstwhile congressman Franklin H. Elmore of the Saints’ intention to petition Congress: “I have understood from one of the brethren, it is possible they may memorialize Congress at the approaching session on the subject of their wrongs in Missouri.” Frierson’s Latter-day Saint contact is not identified, but it was likely Joseph L. Heywood who acted as the liaison between Frierson and JS. (John Frierson, Quincy, IL, to Hon. Franklin H. Elmore, 12 Oct. 1843, in Nauvoo Neighbor, 5 June 1844, [3]; Biographical Directory of the United States Congress 1774–2005, 1017; see also Letter from Joseph L. Heywood, 23 Oct. 1843; Letter to Joseph L. Heywood, 2 Nov. 1843.)


Comprehensive Works Cited

Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

Biographical Directory of the United States Congress, 1774–2005, the Continental Congress, September 5, 1774, to October 21, 1788, and the Congress of the United States, from the First through the One Hundred Eighth Congresses, March 4, 1789, to January 3, 2005, inclusive. Edited by Andrew R. Dodge and Betty K. Koed. Washington DC: U.S. Government Printing Office, 2005.

After learning of Frierson’s willingness to help the Saints petition Congress, JS wrote a letter on 2 November 1843, inviting him to come to Nauvoo.
2

Letter to Joseph L. Heywood, 2 Nov. 1843.


On 25 November 1843,
Frierson

1804–18 May 1844. U.S. surveyor, politician. Born in South Carolina. Moved to Muscatine Co., Iowa Territory, 1837. Elected to represent Muscatine, Louisa, and Slaughter counties in first Iowa territorial legislature, 1838–1839. Appointed brigadier general...

View Full Bio
arrived in
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
and the next morning met with church leaders at the
Nauvoo Mansion

Large, two-story, Greek Revival frame structure located on northeast corner of Water and Main streets. Built to meet JS’s immediate need for larger home that could also serve as hotel to accommodate his numerous guests. JS relocated family from old house ...

More Info
, where he listened to several affidavits about the Saints’ treatment in
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

More Info
.
3

JS, Journal, 25 and 26 Nov. 1843; Woodruff, Journal, 26 Nov. 1843. The testimonies in these affidavits were originally intended for JS’s habeas corpus trial, which took place on 1 July 1843 in Nauvoo. From these affidavits, Frierson would have learned disturbing details about the abuse that Latter-day Saints endured during the Missouri persecutions: men were whipped, women were raped, and children were compelled to flee until their feet bled. While Frierson’s memorial recounted some acts of violence against the Saints, its descriptions of persecution never approximated the graphic content of these affidavits. These details were possibly omitted because, as the memorial indicates, the Saints’ persecution “has been published to the world.” Moreover, early Americans were generally careful with their language when discussing sexual assault. For instance, the details of sexual assaults in published trial transcripts were often omitted. (Docket Entry, 1–ca. 6 July 1843, Extradition of JS for Treason (Nauvoo Mun. Ct. 1843), Nauvoo Municipal Court Docket Book, 55; JS, Journal, 1 July 1843; see, for example, Hyrum Smith, Testimony, Nauvoo, IL, 1 July 1843, 3, 24; Parley P. Pratt, Testimony, Nauvoo, IL, 1 July 1843, 4; Brigham Young, Testimony, Nauvoo, IL, 1 July 1843, 2; Lyman Wight, Testimony, Nauvoo, IL, 1 July 1843, 6, 9; Sidney Rigdon, Testimony, Nauvoo, IL, 1 July 1843, [21]–[22], Nauvoo, IL, Records, CHL; Block, Rape and Sexual Power in Early America, 111–112; see also George Pitkin, Testimony, Nauvoo, IL, 1 July 1843, Nauvoo, IL, Records, CHL.)


Comprehensive Works Cited

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

Block, Sharon. Rape and Sexual Power in Early America. Chapel Hill: University of North Carolina Press, 2006.

Conversation about the Missouri experience lasted throughout the day.
4

Woodruff, Journal, 26 Nov. 1843.


Comprehensive Works Cited

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

Beyond these affidavits, it is unclear what other documents Frierson had access to as he drafted the memorial.
5

JS indicated previously that he would aid Frierson’s investigation of the Saints’ treatment in Missouri by providing him “with documents and evidence to substantiate all the necessary facts.” In his journal entry for 26 November 1843, Wilford Woodruff only noted that the above affidavits were read. The entry suggests that Woodruff arrived after the meeting commenced, thereby opening the possibility that other documents were reviewed before he arrived. (Letter to Joseph L. Heywood, 2 Nov. 1843; Woodruff, Journal, 26 Nov. 1843.)


Comprehensive Works Cited

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

He likely consulted a copy of a 27 January 1840 memorial to Congress that JS,
Sidney Rigdon

19 Feb. 1793–14 July 1876. Tanner, farmer, minister. Born at St. Clair, Allegheny Co., Pennsylvania. Son of William Rigdon and Nancy Gallaher. Joined United Baptists, ca. 1818. Preached at Warren, Trumbull Co., Ohio, and vicinity, 1819–1821. Married Phebe...

View Full Bio
, and
Elias Higbee

23 Oct. 1795–8 June 1843. Clerk, judge, surveyor. Born at Galloway, Gloucester Co., New Jersey. Son of Isaac Higbee and Sophia Somers. Moved to Clermont Co., Ohio, 1803. Married Sarah Elizabeth Ward, 10 Sept. 1818, in Tate Township, Clermont Co. Lived at ...

View Full Bio
prepared because the document that Frierson helped create both follows the structure of and contains phrases from this earlier petition.
6

Elias Higbee was one of the signatories of the 27 January 1840 memorial and a member of the delegation that brought it to Washington DC. After the Senate discharged the Committee on the Judiciary from considering the memorial, Higbee informed JS that he retrieved a copy of the document. If Frierson consulted the 27 January 1840 memorial, it is likely that he used the copy that Higbee procured. (Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840; Letter from Elias Higbee, 24 Mar. 1840.)


The 27 January 1840 memorial was also the model for two other memorials to Congress dated 28 November 1840 and 10 January 1842.
7

The 28 November 1840 memorial is a nearly word-for-word copy of the 27 January 1840 memorial. Beyond the omission of a few passages, the primary difference between the 28 November 1840 and the 27 January 1840 memorials is the conclusion. The 27 January 1840 memorial closes by informing Congress that this will be the Saints’ only attempt to appeal for redress—“To your decision, favorable or otherwise, we will submit.” The 28 November 1840 memorial, however, omits this phrase in its concluding argument. The 10 January 1842 memorial is an almost identical copy of the 28 November 1840 memorial. (Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840; “Latter-day Saints,” Alias Mormons: The Petition of the Latter-day Saints, Commonly Known as Mormons, H.R. Doc. no. 22, 26th Cong., 2nd Sess. [1840], 13; Elias Higbee et al., Memorial to Congress, 10 Jan. 1842, photocopy, Material Relating to Mormon Expulsion from Missouri, CHL; see also Edward Partridge, Memorial to U.S. Congress, ca. Jan. 1839, Edward Partridge Papers, CHL; Memorial of Ephraim Owen, Jr., H. R. Doc. no. 42, 25th Cong., 3rd Sess. [1838].)


Comprehensive Works Cited

“Latter-day Saints,” Alias Mormons: The Petition of the Latter-day Saints, Commonly Known as Mormons. House of Representatives doc. no. 22, 26th Cong., 2nd Sess. (1840).

Material Relating to Mormon Expulsion from Missouri, 1839–1843. Photocopy. CHL. MS 2145.

Edward Partridge, Papers, 1818–1839. CHL. MS 892.

Memorial of Ephraim Owen, Jr. H.R. Doc. no. 42, 25th Cong., 3rd Sess. (1838).

Differences between the featured document and the 27 January 1840 memorial are noted in the annotations herein.
The most notable difference between this and prior memorials is the 3,419 names appended to the petition.
8

The petition also stands apart because of the brevity of its main text. While consulting with Illinois representatives in December 1839 about securing an audience with Congress, JS and Elias Higbee were advised “that a memorial and petition be drawn up in a concise manner.” Of these four memorials, the 28 November–16 December 1843 petition is the most condensed. (Letter to Seymour Brunson and Nauvoo High Council, 7 Dec. 1839.)


Efforts to collect signatures began immediately after the memorial was completed on 28 November 1843. The next day,
Frierson

1804–18 May 1844. U.S. surveyor, politician. Born in South Carolina. Moved to Muscatine Co., Iowa Territory, 1837. Elected to represent Muscatine, Louisa, and Slaughter counties in first Iowa territorial legislature, 1838–1839. Appointed brigadier general...

View Full Bio
left
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
and returned to
Quincy

Located on high limestone bluffs east of Mississippi River, about forty-five miles south of Nauvoo. Settled 1821. Adams Co. seat, 1825. Incorporated as town, 1834. Received city charter, 1840. Population in 1835 about 800; in 1840 about 2,300; and in 1845...

More Info
to gather signatures there.
9

JS, Journal, 28 and 29 Nov. 1843.


That afternoon, a group of Nauvoo citizens met to discuss the memorial and organize efforts to find signatories.
10

Minutes, 29 Nov. 1843. It is possible that the assessors and collectors of Nauvoo wards participated in gathering signatures. A note on the verso of one of the signature pages indicates that the names were gathered from the “1s. Ward,” suggesting that the process of collecting signatures was organized and methodical. (Minutes, 29 Nov. 1843.)


Signatures were collected on loose sheets of paper, which were then gathered and rolled up in a scroll. When unrolled, the memorial measured fifty feet.
11

Johnson, Mormon Redress Petitions, 563.


Comprehensive Works Cited

Johnson, Clark V., ed. Mormon Redress Petitions: Documents of the 1833–1838 Missouri Conflict. Religious Studies Center Monograph Series 16. Provo, UT: Religious Studies Center, Brigham Young University, 1992.

The memorial summarizes the experiences of the Saints in
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

More Info
, from their settlement in 1831 to their expulsion beginning in 1838. It is measured in its descriptions of Missouri persecutions, providing general descriptions of suffering along with accounts of property loss. It informs members of Congress that all attempts to secure redress at the state and federal levels have failed and closes with a vague petition for relief.
On 29 November 1843, JS read the memorial to a group 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
citizens who gathered to discuss measures for securing redress from the
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

More Info
persecutions. When this meeting reconvened on 4 December 1843, the memorial was read again and unanimously approved by a vote of those present. On 16 December 1843, JS and the Nauvoo City Council signed the memorial.
Orson Pratt

19 Sept. 1811–3 Oct. 1881. Farmer, writer, teacher, merchant, surveyor, editor, publisher. Born at Hartford, Washington Co., New York. Son of Jared Pratt and Charity Dickinson. Moved to New Lebanon, Columbia Co., New York, 1814; to Canaan, Columbia Co., fall...

View Full Bio
, who was assigned to convey the document to
Washington DC

Created as district for seat of U.S. federal government by act of Congress, 1790, and named Washington DC, 1791. Named in honor of George Washington. Headquarters of executive, legislative, and judicial branches of U.S. government relocated to Washington ...

More Info
, left Nauvoo for the capital in March 1844.
12

Minutes, 29 Nov. 1843; Minutes, 4 Dec. 1843; and Letters from Orson Hyde, 25 and 26 Apr. 1844, in Council of Fifty, “Record,” [261]–[285].


On 5 April 1844, Senator
James Semple

5 Jan. 1798–20 Dec. 1866. Realtor, lawyer, politician, judge, farmer, postmaster, inventor, land agent. Born in Green Co., Kentucky, 5 Jan. 1798. Son of John Walker Semple and Lucy Robertson. Moved to Burkesville, Cumberland Co., Kentucky, by 1810; to Edwardsville...

View Full Bio
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
presented the memorial to Congress. The Senate then referred it to the Senate Committee on the Judiciary, which took no action in responding to the Latter-day Saint request.
13

Congressional Globe, 28th Cong., 1st Session, p. 482 (1844); see also Orson Pratt, Washington DC, to Hon. John Berrien, Washington DC, 11 May 1844, in Pratt, Prophetic Almanac for 1845, 18–19; Biographical Directory of the American Congress, 1774–1996, 655, 1801.


Comprehensive Works Cited

The Congressional Globe, Containing Sketches of the Debates and Proceedings of the First Session of the Twenty-Eighth Congress. Vol. 13. Washington DC: Blair and Rives, 1844.

Pratt, Orson. Prophetic Almanac for 1845. Being the First after Bissextile or Leap Year. Calculated for the Eastern, Middle and Western States and Territories, the Northern Portions of the Slave States, and British Provinces. New York: Prophet Office, 1845.

Biographical Directory of the American Congress, 1774–1996: The Continental Congress, September 5, 1774, to October 21, 1788, and the Congress of the United States from the First through the Ninety-First Congress March 4, 1789, to January 3, 1971, Inclusive.

Thomas Bullock

23 Dec. 1816–10 Feb. 1885. Farmer, excise officer, secretary, clerk. Born in Leek, Staffordshire, England. Son of Thomas Bullock and Mary Hall. Married Henrietta Rushton, 25 June 1838. Moved to Ardee, Co. Louth, Ireland, Nov. 1839; to Isle of Anglesey, Aug...

View Full Bio
used
Frierson

1804–18 May 1844. U.S. surveyor, politician. Born in South Carolina. Moved to Muscatine Co., Iowa Territory, 1837. Elected to represent Muscatine, Louisa, and Slaughter counties in first Iowa territorial legislature, 1838–1839. Appointed brigadier general...

View Full Bio
’s text to make several copies, including the version sent to Congress, featured here with the pages of signatures attached.
14

Memorial to the United States Senate and House of Representatives, 28 Nov. 1843, John Frierson Copy, JS Office Papers, CHL. Three of the other Bullock copies are extant, as well as a copy made by Willard Richards. (Memorial to the United States Senate and House of Representatives, 28 Nov. 1843, Thomas Bullock First Copy, JS Office Papers, CHL; Memorial to the United States Senate and House of Representatives, 28 Nov. 1843, Thomas Bullock Second Copy, CHL; Memorial to the United States Senate and House of Representatives, 28 Nov. 1843, Thomas Bullock Third Copy, Adams Family Papers, Massachusetts Historical Society, Boston; Memorial to the United States Senate and House of Representatives, 28 Nov. 1843, Willard Richards Copy, JS Office Papers, CHL.)


Comprehensive Works Cited

Memorial to U.S. Senate and House of Representatives, 28 Nov. 1843. CHL. MS 27289.

Adams Family Papers, 1639–1889. Massachusetts Historical Society, Boston, MA.

Footnotes

  1. [1]

    JS, Journal, 25 Nov. 1843; Letter from Joseph L. Heywood, 23 Oct. 1843. Frierson was apparently well connected with members of Congress and willing to use his influence for the Saints’ benefit. In a letter dated 12 October 1843, Frierson informed erstwhile congressman Franklin H. Elmore of the Saints’ intention to petition Congress: “I have understood from one of the brethren, it is possible they may memorialize Congress at the approaching session on the subject of their wrongs in Missouri.” Frierson’s Latter-day Saint contact is not identified, but it was likely Joseph L. Heywood who acted as the liaison between Frierson and JS. (John Frierson, Quincy, IL, to Hon. Franklin H. Elmore, 12 Oct. 1843, in Nauvoo Neighbor, 5 June 1844, [3]; Biographical Directory of the United States Congress 1774–2005, 1017; see also Letter from Joseph L. Heywood, 23 Oct. 1843; Letter to Joseph L. Heywood, 2 Nov. 1843.)

    Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

    Biographical Directory of the United States Congress, 1774–2005, the Continental Congress, September 5, 1774, to October 21, 1788, and the Congress of the United States, from the First through the One Hundred Eighth Congresses, March 4, 1789, to January 3, 2005, inclusive. Edited by Andrew R. Dodge and Betty K. Koed. Washington DC: U.S. Government Printing Office, 2005.

  2. [2]

    Letter to Joseph L. Heywood, 2 Nov. 1843.

  3. [3]

    JS, Journal, 25 and 26 Nov. 1843; Woodruff, Journal, 26 Nov. 1843. The testimonies in these affidavits were originally intended for JS’s habeas corpus trial, which took place on 1 July 1843 in Nauvoo. From these affidavits, Frierson would have learned disturbing details about the abuse that Latter-day Saints endured during the Missouri persecutions: men were whipped, women were raped, and children were compelled to flee until their feet bled. While Frierson’s memorial recounted some acts of violence against the Saints, its descriptions of persecution never approximated the graphic content of these affidavits. These details were possibly omitted because, as the memorial indicates, the Saints’ persecution “has been published to the world.” Moreover, early Americans were generally careful with their language when discussing sexual assault. For instance, the details of sexual assaults in published trial transcripts were often omitted. (Docket Entry, 1–ca. 6 July 1843, Extradition of JS for Treason (Nauvoo Mun. Ct. 1843), Nauvoo Municipal Court Docket Book, 55; JS, Journal, 1 July 1843; see, for example, Hyrum Smith, Testimony, Nauvoo, IL, 1 July 1843, 3, 24; Parley P. Pratt, Testimony, Nauvoo, IL, 1 July 1843, 4; Brigham Young, Testimony, Nauvoo, IL, 1 July 1843, 2; Lyman Wight, Testimony, Nauvoo, IL, 1 July 1843, 6, 9; Sidney Rigdon, Testimony, Nauvoo, IL, 1 July 1843, [21]–[22], Nauvoo, IL, Records, CHL; Block, Rape and Sexual Power in Early America, 111–112; see also George Pitkin, Testimony, Nauvoo, IL, 1 July 1843, Nauvoo, IL, Records, CHL.)

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

    Block, Sharon. Rape and Sexual Power in Early America. Chapel Hill: University of North Carolina Press, 2006.

  4. [4]

    Woodruff, Journal, 26 Nov. 1843.

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

  5. [5]

    JS indicated previously that he would aid Frierson’s investigation of the Saints’ treatment in Missouri by providing him “with documents and evidence to substantiate all the necessary facts.” In his journal entry for 26 November 1843, Wilford Woodruff only noted that the above affidavits were read. The entry suggests that Woodruff arrived after the meeting commenced, thereby opening the possibility that other documents were reviewed before he arrived. (Letter to Joseph L. Heywood, 2 Nov. 1843; Woodruff, Journal, 26 Nov. 1843.)

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

  6. [6]

    Elias Higbee was one of the signatories of the 27 January 1840 memorial and a member of the delegation that brought it to Washington DC. After the Senate discharged the Committee on the Judiciary from considering the memorial, Higbee informed JS that he retrieved a copy of the document. If Frierson consulted the 27 January 1840 memorial, it is likely that he used the copy that Higbee procured. (Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840; Letter from Elias Higbee, 24 Mar. 1840.)

  7. [7]

    The 28 November 1840 memorial is a nearly word-for-word copy of the 27 January 1840 memorial. Beyond the omission of a few passages, the primary difference between the 28 November 1840 and the 27 January 1840 memorials is the conclusion. The 27 January 1840 memorial closes by informing Congress that this will be the Saints’ only attempt to appeal for redress—“To your decision, favorable or otherwise, we will submit.” The 28 November 1840 memorial, however, omits this phrase in its concluding argument. The 10 January 1842 memorial is an almost identical copy of the 28 November 1840 memorial. (Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840; “Latter-day Saints,” Alias Mormons: The Petition of the Latter-day Saints, Commonly Known as Mormons, H.R. Doc. no. 22, 26th Cong., 2nd Sess. [1840], 13; Elias Higbee et al., Memorial to Congress, 10 Jan. 1842, photocopy, Material Relating to Mormon Expulsion from Missouri, CHL; see also Edward Partridge, Memorial to U.S. Congress, ca. Jan. 1839, Edward Partridge Papers, CHL; Memorial of Ephraim Owen, Jr., H. R. Doc. no. 42, 25th Cong., 3rd Sess. [1838].)

    “Latter-day Saints,” Alias Mormons: The Petition of the Latter-day Saints, Commonly Known as Mormons. House of Representatives doc. no. 22, 26th Cong., 2nd Sess. (1840).

    Material Relating to Mormon Expulsion from Missouri, 1839–1843. Photocopy. CHL. MS 2145.

    Edward Partridge, Papers, 1818–1839. CHL. MS 892.

    Memorial of Ephraim Owen, Jr. H.R. Doc. no. 42, 25th Cong., 3rd Sess. (1838).

  8. [8]

    The petition also stands apart because of the brevity of its main text. While consulting with Illinois representatives in December 1839 about securing an audience with Congress, JS and Elias Higbee were advised “that a memorial and petition be drawn up in a concise manner.” Of these four memorials, the 28 November–16 December 1843 petition is the most condensed. (Letter to Seymour Brunson and Nauvoo High Council, 7 Dec. 1839.)

  9. [9]

    JS, Journal, 28 and 29 Nov. 1843.

  10. [10]

    Minutes, 29 Nov. 1843. It is possible that the assessors and collectors of Nauvoo wards participated in gathering signatures. A note on the verso of one of the signature pages indicates that the names were gathered from the “1s. Ward,” suggesting that the process of collecting signatures was organized and methodical. (Minutes, 29 Nov. 1843.)

  11. [11]

    Johnson, Mormon Redress Petitions, 563.

    Johnson, Clark V., ed. Mormon Redress Petitions: Documents of the 1833–1838 Missouri Conflict. Religious Studies Center Monograph Series 16. Provo, UT: Religious Studies Center, Brigham Young University, 1992.

  12. [12]

    Minutes, 29 Nov. 1843; Minutes, 4 Dec. 1843; and Letters from Orson Hyde, 25 and 26 Apr. 1844, in Council of Fifty, “Record,” [261]–[285].

  13. [13]

    Congressional Globe, 28th Cong., 1st Session, p. 482 (1844); see also Orson Pratt, Washington DC, to Hon. John Berrien, Washington DC, 11 May 1844, in Pratt, Prophetic Almanac for 1845, 18–19; Biographical Directory of the American Congress, 1774–1996, 655, 1801.

    The Congressional Globe, Containing Sketches of the Debates and Proceedings of the First Session of the Twenty-Eighth Congress. Vol. 13. Washington DC: Blair and Rives, 1844.

    Pratt, Orson. Prophetic Almanac for 1845. Being the First after Bissextile or Leap Year. Calculated for the Eastern, Middle and Western States and Territories, the Northern Portions of the Slave States, and British Provinces. New York: Prophet Office, 1845.

    Biographical Directory of the American Congress, 1774–1996: The Continental Congress, September 5, 1774, to October 21, 1788, and the Congress of the United States from the First through the Ninety-First Congress March 4, 1789, to January 3, 1971, Inclusive.

  14. [14]

    Memorial to the United States Senate and House of Representatives, 28 Nov. 1843, John Frierson Copy, JS Office Papers, CHL. Three of the other Bullock copies are extant, as well as a copy made by Willard Richards. (Memorial to the United States Senate and House of Representatives, 28 Nov. 1843, Thomas Bullock First Copy, JS Office Papers, CHL; Memorial to the United States Senate and House of Representatives, 28 Nov. 1843, Thomas Bullock Second Copy, CHL; Memorial to the United States Senate and House of Representatives, 28 Nov. 1843, Thomas Bullock Third Copy, Adams Family Papers, Massachusetts Historical Society, Boston; Memorial to the United States Senate and House of Representatives, 28 Nov. 1843, Willard Richards Copy, JS Office Papers, CHL.)

    Memorial to U.S. Senate and House of Representatives, 28 Nov. 1843. CHL. MS 27289.

    Adams Family Papers, 1639–1889. Massachusetts Historical Society, Boston, MA.

Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Memorial to the United States Senate and House of Representatives, 28 November 1843, John Frierson Copy Memorial to the United States Senate and House of Representatives, 28 November 1843, Willard Richards Copy Memorial to the United States Senate and House of Representatives, 28 November 1843, Thomas Bullock First Copy *Memorial to the United States Senate and House of Representatives, 28 November 1843 History, 1838–1856, volume E-1 [1 July 1843–30 April 1844] “History of Joseph Smith”

Page 3

shot down and killed Eighteen, as they would so many Wild Beasts.
50

The 27 January 1840 memorial does not include “as they would so many Wild Beasts.” Vigilantes attacked the small Latter-day Saint settlement at Hawn’s Mill on 30 October 1838. Seventeen men and boys died from the attack. (See Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840; see also Baugh, “Call to Arms,” appendix J.)


Comprehensive Works Cited

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).

They were finally compelled to fly from those Counties; and on the 11th. of October 1838,
51

The 27 January 1840 memorial indicates that this date marked the expulsion of Latter-day Saints from De Witt in Carroll County. (Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840.)


they sought safety by that means, with their families, leaving many of their effects behind; that they had previously applied to the constituted authorities of
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

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for protection but in vain. The Society were pursued by the Mob, Conflicts ensued, deaths occurred on each side, and finally a force was organized under the authority of the
Governor

14 Dec. 1796–14 Mar. 1860. Bookkeeper, bank cashier, merchant, Indian agent and trader, lawyer, doctor, postmaster, politician. Born at Lexington, Fayette Co., Kentucky. Son of John M. Boggs and Martha Oliver. Served in War of 1812. Moved to St. Louis, ca...

View Full Bio
of the State of
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

More Info
, with orders to drive us from the
State

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

More Info
, or exterminate us.
52

Missouri governor Lilburn W. Boggs issued an order authorizing the extermination or expulsion of Latter-day Saints from Missouri on 27 October 1838. (Lilburn W. Boggs, Jefferson City, MO, to John B. Clark, Fayette, MO, 27 Oct. 1838, Mormon War Papers, MSA.)


Comprehensive Works Cited

Mormon War Papers, 1838–1841. MSA.

Abandoned and attacked by those to whom we had looked for protection, we determined to make no further resistance but submit to the authorities of the
State

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

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, and yield to our fate however hard it might be. Several members of the Society were arrested and imprisoned on a charge of treason against the
State

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

More Info
;
53

The 27 January 1840 memorial indicates that Judge Austin A. King’s November 1838 “Court of inquiry <​Examination​>” charged Lyman Wight, George W. Robinson, JS, Parley P. Pratt, and Sidney Rigdon with “treason against the state.” According to the printed transcript of King’s inquiry, JS, Lyman Wight, Hyrum Smith, Alexander McRae, and Caleb Baldwin were to be tried for treason in Daviess County on 7 March 1839, and Sidney Rigdon was to be tried for treason in Caldwell County on 1 April 1839. (Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840; Document Containing the Correspondence, 150.)


and the rest amounting to above 14,000 Souls, fled into the other states, principally into
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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, where they now reside.
54

The 27 January 1840 memorial reports that “Fifteen thousand souls, between the <​time of the​> sacking of ‘Far West’ and the following spring, abandoned their homes, and their property, and fled in terror from the Country.” According to contemporary letters and the estimates of historians, the total number of Saints expelled from Missouri was likely between eight thousand and ten thousand. The 27 January 1840 memorial assesses the value of the Saints’ lost property at $2,000,000. (Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840; Elias Smith, Far West, MO, to Ira Smith, East Stockholm, NY, 11 Mar. 1839, Elias Smith Correspondence, CHL; Heber C. Kimball, Far West, MO, to Joseph Fielding, Preston, England, 12 Mar. 1839, in Compilation of Heber C. Kimball Correspondence, CHL; LeSueur, 1838 Mormon War in Missouri, 35–36; Leonard, Nauvoo, 31, 671n33.)


Comprehensive Works Cited

Smith, Elias. Correspondence, 1834–1839. In Elias Smith, Papers, 1834–1846. CHL.

Heber C. Kimball Family Organization. Compilation of Heber C. Kimball Correspondence, 1983. Unpublished typescript. CHL.

LeSueur, Stephen C. The 1838 Mormon War in Missouri. Columbia: University of Missouri Press, 1987.

Leonard, Glen M. Nauvoo: A Place of Peace, a People of Promise. Salt Lake City: Deseret Book; Provo, UT: Brigham Young University Press, 2002.

Your memorialists would further state, that they have heretofore petitioned your Honorable Body praying redress for the injuries set forth in this memorial but the Committee to whom our petition was referred, reported, in substance, that the general government had no power in the case; and that we must look for relief to the Courts and the Legislature of
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

More Info
.
55

The 27 January 1840 memorial reads “Shall they apply to the Legislature of the State of Missouri for redress? They have done so.” The 4 March 1840 report from the Senate Committee on the Judiciary informed the Latter-day Saints that their case “is not such a one as will justify or authorize any interposition by this Government.” It also instructed the Saints to “seek relief in the courts of judicature of the State of Missouri, or of the United States.” The Saints concluded that this report was “unconstitutional, and subversive of the rights of a free people.” (Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840; Report of the United States Senate Committee on the Judiciary, 4 Mar. 1840; Minutes and Discourse, 6–8 Apr. 1840.)


In reply, your Memorialists would beg leave to state that they have repeatedly applied to the authorities of
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

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in vain,
56

The 27 January 1840 memorial reads “Shall they apply to the Federal Courts in Missouri? They are not permitted to go there; and their juries would be made up of citizens of that state with all their prejudices against them.” The memorial continues by indicating that lawsuits against the state would be futile since Missourians would point to Governor Boggs’s extermination order to justify their treatment of the Saints. Church members appealed to Missouri governor Daniel Dunklin who offered them little help. In 1834, William W. Phelps concluded that “all hopes of ‘redress’” were blasted after having been informed by attorney Amos Rees and Missouri attorney general Robert W. Wells “that all hopes of criminal prosecution, was at an end.” On 19 December 1838, John Corrill introduced two memorials to the Missouri House of Representatives on behalf of the Latter-day Saints. The House acted on neither. During their imprisonment in Clay County, JS and his fellow prisoners petitioned the Missouri Supreme Court for a writ of habeas corpus. Nothing came of these petitions. (Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840; see, for example, “To His Excellency, Daniel Dunklin,” The Evening and the Morning Star, Dec. 1833, 114–115; Letter from William W. Phelps, 27 Feb. 1834; Corrill, Brief History, 44; Journal, of the House of Representatives, of the State of Missouri, 19 Dec. 1838, 128; “A History, of the Persecution,” Times and Seasons, Sept. 1840, 1:164; Petition to George Tompkins, between 9 and 15 Mar. 1839.)


Comprehensive Works Cited

The Evening and the Morning Star. Independence, MO, June 1832–July 1833; Kirtland, OH, Dec. 1833–Sept. 1834.

Journal, of the House of Representatives, of the State of Missouri, 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 City, MO: Calvin Gunn, 1839.

that though they are American Citizens, at all times ready to obey the laws and support the institutions of the
Country

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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, none of us would dare enter
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

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for any such purpose, or for any purpose whatever. Our property was seized by the Mob, or lawlessly confiscated by the
State

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

More Info
, and we were forced at the point of the Bayonet
57

The 27 January 1840 memorial adds “They have been driven from the State of Missouri at the point of the bayonet and treated worse than a foreign enemy.” (Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840.)


to sign Deeds of Trust relinquishing our property but the exterminating order of the
Governor

14 Dec. 1796–14 Mar. 1860. Bookkeeper, bank cashier, merchant, Indian agent and trader, lawyer, doctor, postmaster, politician. Born at Lexington, Fayette Co., Kentucky. Son of John M. Boggs and Martha Oliver. Served in War of 1812. Moved to St. Louis, ca...

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of
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

More Info
is still in force and we dare not return to claim our just rights— the Widows and Orphans of those slain, who could legally sign no deeds of Trust, dare not return to claim the Inheritance left them by their Murdered Parents.
58

Both the 28 November 1840 and 10 January 1842 memorials employ the phrase “widow and orphan” in their concluding sections. The 27 January 1840 memorial, however, does not include any variation of that phrase in its conclusion. It is therefore possible that Frierson reviewed the concluding sections of either the 28 November 1840 or 10 January 1842 memorials as he wrote his conclusion. (“Latter-day Saints,” Alias Mormons: The Petition of the Latter-day Saints, Commonly Known as Mormons, H.R. Doc. no. 22, 26th Cong., 2nd Sess. [1840], 13; Elias Higbee et al., Memorial to Congress, 10 Jan. 1842, 23, photocopy, Material Relating to Mormon Expulsion from Missouri, CHL; Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840.)


Comprehensive Works Cited

“Latter-day Saints,” Alias Mormons: The Petition of the Latter-day Saints, Commonly Known as Mormons. House of Representatives doc. no. 22, 26th Cong., 2nd Sess. (1840).

Material Relating to Mormon Expulsion from Missouri, 1839–1843. Photocopy. CHL. MS 2145.

It is true the Constitution of the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

More Info
gives to us in Common with all other native or adopted Citizens, the right to enter and settle in
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

More Info
,
59

The 27 January 1840 memorial reads “It [the Constitution] guarrantees alike, to all the citizens of the several States, the right to become citizens of any one of the States; and to enjoy <​upon their removal​> all the rights and immunities of the Citizens of the state of their adoption.” (Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840.)


but an executive order has been issued to exterminate us if we enter the
State

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

More Info
,
60

The 27 January 1840 memorial reads “[The Saints have been] threatened with destruction if they should ever venture to return.” (Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840.)


and that part of the Constitution becomes a nullity so far as we are concerned.
61

Article 4, section 2, clause 1 of the United States Constitution states that “the Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” This reasoning was also possibly influenced by the Fifth Amendment, which states that citizens shall not “be deprived of life, liberty, or property, without due process of law.” The 27 January 1840 memorial reads “Yet, of all these rights and immunities, the Mormons have been deprived.” (U.S. Constitution, art. 4, sec. 2; U.S. Constitution, amend. V; Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840.)


Had any foreign State or power committed a similar outrage upon us, we cannot for a moment doubt that the strong arm of the general government would have been stretched out to redress our <​wrongs, and we flatter ourselves that the same power will either redress redress our​> grievances or shield us from harm in our efforts to regain our lost property, which we fairly purchased from the general government.
Finally your Memorialists, pray your Honorable Body to take their wrongs
62

The 27 January 1840 memorial closes by specifically addressing “your honourable Bodies.” The 28 November 1840 and 10 January 1842 memorials close by addressing “your honourable bodies” but differ from the 27 January 1840 memorial, in part, by requesting Congress to act “so that the great body of people who have been thus abused may have redress for the wrongs which they have suffered.” “Wrongs” does not appear in the concluding section of the 27 January 1840 memorial. (Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840; “Latter-day Saints,” Alias Mormons: The Petition of the Latter-day Saints, Commonly Known as Mormons, H.R. Doc. no. 22, 26th Cong., 2nd Sess. [1840], 13; Elias Higbee et al., Memorial to Congress, 10 Jan. 1842, 23, photocopy, Material Relating to Mormon Expulsion from Missouri, CHL.)


Comprehensive Works Cited

“Latter-day Saints,” Alias Mormons: The Petition of the Latter-day Saints, Commonly Known as Mormons. House of Representatives doc. no. 22, 26th Cong., 2nd Sess. (1840).

Material Relating to Mormon Expulsion from Missouri, 1839–1843. Photocopy. CHL. MS 2145.

into consideration, receive testimony in the case, and grant such relief as by the Constitution and Laws you may have power to give.
63

The 27 January 1840 memorial elaborates on the protections of the Constitution. “The constitution, you are sworn to support, alike guarrantees to every citizen, the humblest in society, the enjoyment of life, liberty and property.” It also indicates that the Constitution is the only guarantee of redress: “we see no redress, unless it be awarded by the Congress of the United States.” (Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840.)


And your Memorialists will every pray &c
64

The 27 January 1840 memorial reads “And your memorialists as in duty bound will ever pray &c——”. (Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840.)


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
, Illinois, November 28th. 1843.
Whole number of Names 3419
65

TEXT: Written vertically in left margin.


Signatures of memorialists. On many of the signature pages it appears that one person signed several names.


Joseph Smith Mayor
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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Counsellor
Brigh[a]m Young

1 June 1801–29 Aug. 1877. Carpenter, painter, glazier, colonizer. Born at Whitingham, Windham Co., Vermont. Son of John Young and Abigail (Nabby) Howe. Brought up in Methodist household; later joined Methodist church. Moved to Sherburne, Chenango Co., New...

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Counsellor
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
)
Aldermen
66

TEXT: Written vertically alongside names of aldermen.


John Taylor

1 Nov. 1808–25 July 1887. Preacher, editor, publisher, politician. Born at Milnthorpe, Westmoreland, England. Son of James Taylor and Agnes Taylor, members of Church of England. Around age sixteen, joined Methodist church and was local preacher. Migrated ...

View Full Bio
)
Counsellors
67

TEXT: Written vertically alongside names of councilors.


Orson Spencer

14 Mar./13 May 1802–15 Oct. 1855. Teacher, minister, university professor and chancellor. Born in West Stockbridge, Berkshire Co., Massachusetts. Son of Daniel Spencer and Chloe Wilson. Moved to Lenox, Berkshire Co., 1817; to Schenectady, Schenectady Co.,...

View Full Bio
)
Orson Pratt

19 Sept. 1811–3 Oct. 1881. Farmer, writer, teacher, merchant, surveyor, editor, publisher. Born at Hartford, Washington Co., New York. Son of Jared Pratt and Charity Dickinson. Moved to New Lebanon, Columbia Co., New York, 1814; to Canaan, Columbia Co., fall...

View Full Bio
)
Geo. 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...

View Full Bio
)
Benjm Warrington

1810–June 1850. Wheelwright. Born in New Jersey. Married Sarah Horner, 16 Jan. 1834, in Preble Co., Ohio. Owned lots in Somerville, Milford Township, Butler Co., Ohio, 1835–ca. 1838. Moved to Hancock Co., Illinois, by 1840. Appointed quartermaster sergeant...

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)
Geo. A Smith

26 June 1817–1 Sept. 1875. Born at Potsdam, St. Lawrence Co., New York. Son of John Smith and Clarissa Lyman. Baptized into Church of Jesus Christ of Latter-day Saints by Joseph H. Wakefield, 10 Sept. 1832, at Potsdam. Moved to Kirtland, Geauga Co., Ohio,...

View Full Bio
)
W[illiam] W. Phelps

17 Feb. 1792–7 Mar. 1872. Writer, teacher, printer, newspaper editor, publisher, postmaster, lawyer. Born at Hanover, Morris Co., New Jersey. Son of Enon Phelps and Mehitabel Goldsmith. Moved to Homer, Cortland Co., New York, 1800. Married Sally Waterman,...

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)
Saml. Bennett

Ca. 1810–May 1893. Market inspector, barometer manufacturer, physician. Born in England. Married Selina Campion, 9 Aug. 1836. Baptized into Church of Jesus Christ of Latter-day Saints, by 1839, in U.S. Ordained an elder, 23 Dec. 1839, in Philadelphia. Served...

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)
Daniel Spencer

20 July 1794–8 Dec. 1868. Rancher, merchant. Born in West Stockbridge, Berkshire Co., Massachusetts. Son of Daniel Spencer and Chloe Wilson. Moved to Savannah, Chatham Co., Georgia, ca. 1816. Operated a mercantile business in Savannah. Returned to West Stockbridge...

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)
H[enry] G Sherwood

20 Apr. 1785–24 Nov. 1867. Surveyor. Born at Kingsbury, Washington Co., New York. Son of Newcomb Sherwood and a woman whose maiden name was Tolman (first name unidentified). Married first Jane J. McManagal (McMangle) of Glasgow, Lanark, Scotland, ca. 1824...

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City Marshal
Heber C. Kimball

14 June 1801–22 June 1868. Blacksmith, potter. Born at Sheldon, Franklin Co., Vermont. Son of Solomon Farnham Kimball and Anna Spaulding. Married Vilate Murray, 22 Nov. 1822, at Mendon, Monroe Co., New York. Member of Baptist church at Mendon, 1831. Baptized...

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)
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...

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, Recorder
Orson Hyde

8 Jan. 1805–28 Nov. 1878. Laborer, clerk, storekeeper, teacher, editor, businessman, lawyer, judge. Born at Oxford, New Haven Co., Connecticut. Son of Nathan Hyde and Sally Thorpe. Moved to Derby, New Haven Co., 1812. Moved to Kirtland, Geauga Co., Ohio, ...

View Full Bio
)
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Document Information

Related Case Documents
Editorial Title
Memorial to the United States Senate and House of Representatives, 28 November 1843
ID #
1208
Total Pages
118
Print Volume Location
Handwriting on This Page
  • Thomas Bullock
  • Joseph Smith Jr.
  • Hyrum Smith
  • Brigham Young
  • Daniel H. Wells
  • John Taylor
  • Orson Spencer
  • Orson Pratt
  • George W. Harris
  • Benjamin Warrington
  • George A. Smith
  • William W. Phelps
  • Samuel Bennett
  • Daniel Spencer
  • Henry G. Sherwood
  • Heber C. Kimball
  • Willard Richards
  • Orson Hyde

Footnotes

  1. [50]

    The 27 January 1840 memorial does not include “as they would so many Wild Beasts.” Vigilantes attacked the small Latter-day Saint settlement at Hawn’s Mill on 30 October 1838. Seventeen men and boys died from the attack. (See Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840; see also Baugh, “Call to Arms,” appendix J.)

    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).

  2. [51]

    The 27 January 1840 memorial indicates that this date marked the expulsion of Latter-day Saints from De Witt in Carroll County. (Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840.)

  3. [52]

    Missouri governor Lilburn W. Boggs issued an order authorizing the extermination or expulsion of Latter-day Saints from Missouri on 27 October 1838. (Lilburn W. Boggs, Jefferson City, MO, to John B. Clark, Fayette, MO, 27 Oct. 1838, Mormon War Papers, MSA.)

    Mormon War Papers, 1838–1841. MSA.

  4. [53]

    The 27 January 1840 memorial indicates that Judge Austin A. King’s November 1838 “Court of inquiry <​Examination​>” charged Lyman Wight, George W. Robinson, JS, Parley P. Pratt, and Sidney Rigdon with “treason against the state.” According to the printed transcript of King’s inquiry, JS, Lyman Wight, Hyrum Smith, Alexander McRae, and Caleb Baldwin were to be tried for treason in Daviess County on 7 March 1839, and Sidney Rigdon was to be tried for treason in Caldwell County on 1 April 1839. (Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840; Document Containing the Correspondence, 150.)

  5. [54]

    The 27 January 1840 memorial reports that “Fifteen thousand souls, between the <​time of the​> sacking of ‘Far West’ and the following spring, abandoned their homes, and their property, and fled in terror from the Country.” According to contemporary letters and the estimates of historians, the total number of Saints expelled from Missouri was likely between eight thousand and ten thousand. The 27 January 1840 memorial assesses the value of the Saints’ lost property at $2,000,000. (Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840; Elias Smith, Far West, MO, to Ira Smith, East Stockholm, NY, 11 Mar. 1839, Elias Smith Correspondence, CHL; Heber C. Kimball, Far West, MO, to Joseph Fielding, Preston, England, 12 Mar. 1839, in Compilation of Heber C. Kimball Correspondence, CHL; LeSueur, 1838 Mormon War in Missouri, 35–36; Leonard, Nauvoo, 31, 671n33.)

    Smith, Elias. Correspondence, 1834–1839. In Elias Smith, Papers, 1834–1846. CHL.

    Heber C. Kimball Family Organization. Compilation of Heber C. Kimball Correspondence, 1983. Unpublished typescript. CHL.

    LeSueur, Stephen C. The 1838 Mormon War in Missouri. Columbia: University of Missouri Press, 1987.

    Leonard, Glen M. Nauvoo: A Place of Peace, a People of Promise. Salt Lake City: Deseret Book; Provo, UT: Brigham Young University Press, 2002.

  6. [55]

    The 27 January 1840 memorial reads “Shall they apply to the Legislature of the State of Missouri for redress? They have done so.” The 4 March 1840 report from the Senate Committee on the Judiciary informed the Latter-day Saints that their case “is not such a one as will justify or authorize any interposition by this Government.” It also instructed the Saints to “seek relief in the courts of judicature of the State of Missouri, or of the United States.” The Saints concluded that this report was “unconstitutional, and subversive of the rights of a free people.” (Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840; Report of the United States Senate Committee on the Judiciary, 4 Mar. 1840; Minutes and Discourse, 6–8 Apr. 1840.)

  7. [56]

    The 27 January 1840 memorial reads “Shall they apply to the Federal Courts in Missouri? They are not permitted to go there; and their juries would be made up of citizens of that state with all their prejudices against them.” The memorial continues by indicating that lawsuits against the state would be futile since Missourians would point to Governor Boggs’s extermination order to justify their treatment of the Saints. Church members appealed to Missouri governor Daniel Dunklin who offered them little help. In 1834, William W. Phelps concluded that “all hopes of ‘redress’” were blasted after having been informed by attorney Amos Rees and Missouri attorney general Robert W. Wells “that all hopes of criminal prosecution, was at an end.” On 19 December 1838, John Corrill introduced two memorials to the Missouri House of Representatives on behalf of the Latter-day Saints. The House acted on neither. During their imprisonment in Clay County, JS and his fellow prisoners petitioned the Missouri Supreme Court for a writ of habeas corpus. Nothing came of these petitions. (Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840; see, for example, “To His Excellency, Daniel Dunklin,” The Evening and the Morning Star, Dec. 1833, 114–115; Letter from William W. Phelps, 27 Feb. 1834; Corrill, Brief History, 44; Journal, of the House of Representatives, of the State of Missouri, 19 Dec. 1838, 128; “A History, of the Persecution,” Times and Seasons, Sept. 1840, 1:164; Petition to George Tompkins, between 9 and 15 Mar. 1839.)

    The Evening and the Morning Star. Independence, MO, June 1832–July 1833; Kirtland, OH, Dec. 1833–Sept. 1834.

    Journal, of the House of Representatives, of the State of Missouri, 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 City, MO: Calvin Gunn, 1839.

  8. [57]

    The 27 January 1840 memorial adds “They have been driven from the State of Missouri at the point of the bayonet and treated worse than a foreign enemy.” (Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840.)

  9. [58]

    Both the 28 November 1840 and 10 January 1842 memorials employ the phrase “widow and orphan” in their concluding sections. The 27 January 1840 memorial, however, does not include any variation of that phrase in its conclusion. It is therefore possible that Frierson reviewed the concluding sections of either the 28 November 1840 or 10 January 1842 memorials as he wrote his conclusion. (“Latter-day Saints,” Alias Mormons: The Petition of the Latter-day Saints, Commonly Known as Mormons, H.R. Doc. no. 22, 26th Cong., 2nd Sess. [1840], 13; Elias Higbee et al., Memorial to Congress, 10 Jan. 1842, 23, photocopy, Material Relating to Mormon Expulsion from Missouri, CHL; Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840.)

    “Latter-day Saints,” Alias Mormons: The Petition of the Latter-day Saints, Commonly Known as Mormons. House of Representatives doc. no. 22, 26th Cong., 2nd Sess. (1840).

    Material Relating to Mormon Expulsion from Missouri, 1839–1843. Photocopy. CHL. MS 2145.

  10. [59]

    The 27 January 1840 memorial reads “It [the Constitution] guarrantees alike, to all the citizens of the several States, the right to become citizens of any one of the States; and to enjoy <​upon their removal​> all the rights and immunities of the Citizens of the state of their adoption.” (Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840.)

  11. [60]

    The 27 January 1840 memorial reads “[The Saints have been] threatened with destruction if they should ever venture to return.” (Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840.)

  12. [61]

    Article 4, section 2, clause 1 of the United States Constitution states that “the Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” This reasoning was also possibly influenced by the Fifth Amendment, which states that citizens shall not “be deprived of life, liberty, or property, without due process of law.” The 27 January 1840 memorial reads “Yet, of all these rights and immunities, the Mormons have been deprived.” (U.S. Constitution, art. 4, sec. 2; U.S. Constitution, amend. V; Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840.)

  13. [62]

    The 27 January 1840 memorial closes by specifically addressing “your honourable Bodies.” The 28 November 1840 and 10 January 1842 memorials close by addressing “your honourable bodies” but differ from the 27 January 1840 memorial, in part, by requesting Congress to act “so that the great body of people who have been thus abused may have redress for the wrongs which they have suffered.” “Wrongs” does not appear in the concluding section of the 27 January 1840 memorial. (Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840; “Latter-day Saints,” Alias Mormons: The Petition of the Latter-day Saints, Commonly Known as Mormons, H.R. Doc. no. 22, 26th Cong., 2nd Sess. [1840], 13; Elias Higbee et al., Memorial to Congress, 10 Jan. 1842, 23, photocopy, Material Relating to Mormon Expulsion from Missouri, CHL.)

    “Latter-day Saints,” Alias Mormons: The Petition of the Latter-day Saints, Commonly Known as Mormons. House of Representatives doc. no. 22, 26th Cong., 2nd Sess. (1840).

    Material Relating to Mormon Expulsion from Missouri, 1839–1843. Photocopy. CHL. MS 2145.

  14. [63]

    The 27 January 1840 memorial elaborates on the protections of the Constitution. “The constitution, you are sworn to support, alike guarrantees to every citizen, the humblest in society, the enjoyment of life, liberty and property.” It also indicates that the Constitution is the only guarantee of redress: “we see no redress, unless it be awarded by the Congress of the United States.” (Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840.)

  15. [64]

    The 27 January 1840 memorial reads “And your memorialists as in duty bound will ever pray &c——”. (Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840.)

  16. [65]

    TEXT: Written vertically in left margin.

  17. new scribe logo

    Signatures of memorialists. On many of the signature pages it appears that one person signed several names.

  18. [66]

    TEXT: Written vertically alongside names of aldermen.

  19. [67]

    TEXT: Written vertically alongside names of councilors.

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