See Introduction to Joseph Smith’s New York Legal Cases; Introduction to George H. Noble & Co. v. JS; Introduction to Joseph Smith’s Ohio Legal Cases; Introduction to Joseph Smith’s Missouri Legal Cases; and Introduction to Joseph Smith’s Illinois Legal Cases.
JS, Journal, 19 May 1842; Nauvoo City Council Minute Book, 19 May 1842, 80–81; Act to Incorporate the City of Nauvoo, 16 Dec. 1840.
Contrary to current legal practice that organizes cases by the initial filing, the Legal Records Series uses the judgment date because in some of Smith’s cases it is unclear when the initial filing occurred. The series follows the practice in Ohio, where court clerks arranged docket entries by the judgment date. See, for example, Docket Entry, Judgment, 5 June 1837 [Martindale v. JS et al.]; Docket Entry, Judgment, 27 October 1837 [Eaton v. JS and O. Cowdery]; and Docket Entry, Settlement, 3 April 1838 [Commercial Bank of Lake Erie v. Cahoon et al.].
Unlike Joseph Smith Papers print series, individual documents in the legal series receive minimal annotation. However, select standalone case documents have been featured with full annotations in the Documents series. (See, for example, Docket Entry, ca 5 July 1842 [City of Nauvoo v. McGraw]; Petition to Nauvoo Municipal Court, 30 June 1843 [Extradition of JS for Treason]; and Answer, between 29 Sept. and 4 Oct. 1843 [Clayton v. E. W. Rhodes et al.].) For Smith’s financial papers, see the online Financial Series.
Appleby, Inheriting the Revolution.
Appleby, Joyce. Inheriting the Revolution: The First Generation of Americans. Cambridge, MA: Harvard University Press, 2000.
Revelation, 6 Aug. 1833 [D&C 98:4–6]; Revelation, 16–17 Dec. 1833 [D&C 101:77–80]; “Church History,” 1 Mar. 1842; see also Madsen et al., Sustaining the Law.
Madsen, Gordon A., Jeffrey N. Walker, and John W. Welch, eds. Sustaining the Law: Joseph Smith’s Legal Encounters. Provo, UT: BYU Studies, 2014.
Friedman, History of American Law, 128–137; History of Caldwell and Livingston Counties, 121; Leopard et al., History of Daviess and Gentry Counties, 75; Berrett, Sacred Places, 4:243–249, 485.
Friedman, Lawrence M. A History of American Law. 4th ed. New York: Oxford University Press, 2019.
History of Caldwell and Livingston Counties, Missouri, Written and Compiled from the Most Authentic Official and Private Sources. . . . St. Louis: National Historical Co., 1886.
Leopard, John C., Buel Leopard, R. M. McCammon, and Mary McCammon Hillman. History of Daviess and Gentry Counties, Missouri. Topeka, KS: Historical Publishing Co., 1922.
Berrett, LaMar C., ed. Sacred Places: A Comprehensive Guide to Early LDS Historical Sites. 6 vols. Salt Lake City: Deseret Book, 1999–2007.
Friedman, History of American Law, 294, 301–307; Mann, Neighbors and Strangers, 29–30; Hoffer, Law and People in Colonial America, 98; Lepler, Many Panics of 1837, 225.
Friedman, Lawrence M. A History of American Law. 4th ed. New York: Oxford University Press, 2019.
Mann, Bruce H. Neighbors and Strangers: Law and Community in Early Connecticut. Chapel Hill: University of North Carolina Press, 1987.
Hoffer, Peter Charles. Law and People in Colonial America. 2nd ed. Baltimore: Johns Hopkins University Press, 2019.
Lepler, Jessica M. The Many Panics of 1837: People, Politics and the Creation of a Transatlantic Financial Crisis. Cambridge: Cambridge University Press, 2013.
Reid, Controlling the Law, chap. 2; Reid, Legitimating the Law, chap. 2; Friedman, History of American Law, 97; Edwards, People and Their Peace, 67–68, 80–81.
Reid, John Phillip. Controlling the Law: Legal Politics in Early National New Hampshire. DeKalb: Northern Illinois University Press, 2004.
Reid, John Phillip. Legitimating the Law: The Struggle for Judicial Competency in Early National New Hampshire. DeKalb: Northern Illinois University Press, 2012.
Friedman, Lawrence M. A History of American Law. 4th ed. New York: Oxford University Press, 2019.
Edwards, Laura F. The People and Their Peace: Legal Culture and the Transformation of Inequality in the Post-revolutionary South. Chapel Hill: University of North Carolina Press, 2009.
Reid, Controlling the Law, chap. 2.
Reid, John Phillip. Controlling the Law: Legal Politics in Early National New Hampshire. DeKalb: Northern Illinois University Press, 2004.
Gawalt, “Sources of Anti-Lawyer Sentiment,” 283–307; Bloomfield, “Antilawyer Sentiment in the Early Republic”; Friedman, History of American Law, 83–84, 116, 289.
Gawalt, Gerard W. “Sources of Anti-Lawyer Sentiment in Massachusetts, 1740–1840,” American Journal of Legal History 14, no. 4 (Oct. 1870): 283–307.
Bloomfield, Maxwell H. “Antilawyer Sentiment in the Early Republic.” Chap. 2 in American Lawyers in a Changing Society, 1776–1876. Cambridge, MA: Harvard University Press, 1976.
Friedman, Lawrence M. A History of American Law. 4th ed. New York: Oxford University Press, 2019.
Smith and his successors utilized an ecclesiastical dispute resolution system that was intended to be an alternative to the secular courts. (See Oman, “Preaching to the Court House and Judging in the Temple.”)
Oman, Nathan B. “Preaching to the Court House and Judging in the Temple.” Brigham Young University Law Review 36, no. 1 (2009): 157–224.
Letter to the Church in Caldwell Co., MO, 16 Dec. 1838; JS, Journal, 1 Jan. 1843.
JS History, vol. B-1, 767, addenda, 6nS; Motto, ca. 16 or 17 Mar. 1838. In April 1838 church leader Oliver Cowdery, Smith’s longtime friend, was excommunicated in part for “urging on vexatious Lawsuits” and for “turning to the practice of the Law.” (Minutes, 12 Apr. 1838; see also Letter to Oliver Cowdery and Others, ca. 17 June 1838.)
For examples, see Letter from William Perkins, 29 Oct. 1838; JS, Journal, 4 Sept. 1838; Letter to Friends in Illinois, 20 Dec. 1841; Letter to Justin Butterfield, 18 Mar. 1843; and Discourse, 30 June 1843, as Reported by Wilford Woodruff.
Revelation, 9 Feb. 1831 [D&C 42:30–39]; Revelation, 20 May 1831 [D&C 51:1–20]; Revelation, 26 Apr. 1832 [D&C 82:1–24]; Revelation, 8 July 1838–C [D&C 119]; Introduction to the United Firm; Introduction to Kirtland Mercantile Firms.
Lepler, Many Panics of 1837, 225.
Lepler, Jessica M. The Many Panics of 1837: People, Politics and the Creation of a Transatlantic Financial Crisis. Cambridge: Cambridge University Press, 2013.
Capias ad Respondendum, 16 Feb. 1837 [Martindale v. JS et al.]; Capias ad Respondendum, 22 Mar. 1837 [Bank of Geauga v. JS et al.]; Capias ad Respondendum, 22 Mar. 1837 [Kelley v. Rigdon, Smith & Cowdery]; Capias ad Respondendum, 20 Apr. 1837 [Newbould v. Rigdon, Smith & Cowdery]; Capias ad Respondendum, 6 June 1837 [Eaton v. JS and O. Cowdery]; Capias ad Respondendum, 26 July 1837 [Barker for the use of Bump v. JS and O. Cowdery]; Capias ad Respondendum, 27 July 1837 [Seymour & Griffith v. Rigdon and JS]; Docket Entry, ca. 1 Jan. 1838 [Bump v. JS]; Docket Entry, ca. 2 Jan. 1838 [Bump v. S. Smith and JS]; see also JS History, vol. B-1, 767, addenda, 6nS.
Introduction to Miller et al. v. B. Holladay and W. Holladay; Introduction to Sweeney v. Miller et al.; Introduction to JS et al. v. C. B. Street and M. B. Street.
Introduction to City of Nauvoo v. Bostwick, Bostwick v. JS and Greene, and Bostwick v. JS; Introduction to City of Nauvoo v. F. M. Higbee, F. M. Higbee v. JS–A, F. M. Higbee v. JS–A on Habeas Corpus, and F. M. Higbee v. JS–B; Introduction to C. A. Foster v. JS and Coolidge; Introduction to State of Illinois v. Sympson, Sympson v. JS, and State of Illinois v. JS for Perjury; Introduction to State of Illinois v. Finch, State of Illinois v. Finch on Habeas Corpus, and Davis v. JS et al.
See Fluhman, “A Peculiar People,” 21–48; Oman, “‘Established Agreeable to the Laws of Our Country,’” 202–229; and Farrelly, Anti-Catholicism in America, chaps. 4–6.
Fluhman, J. Spencer. “A Peculiar People”: Anti-Mormonism and the Making of Religion in Nineteenth-Century America. Chapel Hill: University of North Carolina Press, 2012.
Oman, Nathan B. “‘Established Agreeable to the Laws of Our Country’: Mormonism, Church Corporations, and the Long Legacy of America’s First Disestablishment.” Journal of Law and Religion 36, no. 2 (August 2021): 202–229.
Farrelly, Maura Jane. Anti-Catholicism in America, 1620–1860. Cambridge Essential Histories. Cambridge: Cambridge University Press, 2017.
TEXT: Introduction to State of New York v. JS–A; see also Introduction to State of New York v. JS–B and State of New York v. JS–C.
Introduction to State of Ohio v. JS for Assault and Battery; Introduction to State of Ohio v. JS for Threatening to Take Life.
Introduction to State of Missouri v. JS et al. for Riot; Introduction to State of Missouri v. Gates et al. for Treason; Introduction to State of Missouri v. Baldwin et al. for Arson; Introduction to State of Missouri v. Gates et al. for Arson; Introduction to State of Missouri v. Worthington et al. for Larceny and State of Missouri v. JS for Receiving Stolen Goods; Introduction to State of Missouri v. Pratt et al. for Murder; Lilburn W. Boggs, Jefferson City, MO, to John B. Clark, Fayette, MO, 27 Oct. 1838, copy, Mormon War Papers, MSA.
Mormon War Papers, 1838–1841. MSA.
Introduction to Extradition of JS et al. for Treason and Other Crimes; Introduction to Extradition of JS for Accessory to Assault; Introduction to Extradition of JS for Treason.
Introduction to State of Illinois v. JS for Assault and Battery.
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; Introduction to State of Illinois v. JS and H. Smith for Treason.
Mayor’s Clerk, Nauvoo, IL, Letter to the Editor, Nauvoo Neighbor, 10 May 1843, [3].
Nauvoo Neighbor. Nauvoo, IL. 1843–1845.
Introduction to State of Illinois v. Williams et al. and State of Illinois v. Elliott–C; see also Oaks and Hill, Carthage Conspiracy.
Oaks, Dallin H., and Marvin S. Hill. Carthage Conspiracy: The Trial of the Accused Assassins of Joseph Smith. Urbana: University of Illinois Press, 1975.
Friedman, History of American Law, 232.
Friedman, Lawrence M. A History of American Law. 4th ed. New York: Oxford University Press, 2019.
Introduction to E. Smith Administratrix of the Estate of JS.
Introduction to Coolidge Administrator of the Estate of JS .
Reid, Controlling the Law, chap. 2; Reid, Legitimating the Law, chap. 2; Friedman, History of American Law, 97; Edwards, People and Their Peace, 67–68, 80–81.
Reid, John Phillip. Controlling the Law: Legal Politics in Early National New Hampshire. DeKalb: Northern Illinois University Press, 2004.
Reid, John Phillip. Legitimating the Law: The Struggle for Judicial Competency in Early National New Hampshire. DeKalb: Northern Illinois University Press, 2012.
Friedman, Lawrence M. A History of American Law. 4th ed. New York: Oxford University Press, 2019.
Edwards, Laura F. The People and Their Peace: Legal Culture and the Transformation of Inequality in the Post-revolutionary South. Chapel Hill: University of North Carolina Press, 2009.
Brigham Young, Office Journal. Vol. D, 22 Dec. 1859, CHL.
Young, Brigham. Journals, 1832–1877. Brigham Young Office Files, 1832–1878. CHL. CR 1234 1, boxes 71–73.
Docket Entry, 18–31 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–A].