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Affidavit, 29 November 1841

Source Note

JS, Affidavit, , Hancock Co., IL, 29 Nov. 1841. Featured version published in Times and Seasons, 1 Dec. 1841, vol. 3, no. 3, 617–618. Includes appended editorial statement by JS. For more complete source information, see the source note for Letter to Isaac Galland, 22 Mar. 1839.

Historical Introduction

On 29 November 1841, JS swore an affidavit before mayor , denouncing several recent incidents of theft by members of the . These Nauvoo thefts may have occurred, in part, because of earlier justifications for stealing used by Latter-day Saints during the conflict between Latter-day Saints and other Missourians in the late 1830s. Drawing on Isaiah 61:6, an early JS revelation proclaimed that God would “consecrate the riches of the unto my people which are of the house of Israel.” During the conflict, some Saints used this passage to justify stealing from their neighbors outside the church. According to one eyewitness who later testified against JS, although JS “did not approve” of stealing in general, he apparently saw some thefts as exigencies of war and explained that there were times when such actions were permissible, such as when “our Saviour & his disciples, stole corn in passing thro’ the corn fields” when “they could not otherwise procure any thing to eat.” At the height of the Missouri conflict in October 1838, Latter-day Saints conducted raids on three Missouri towns, stealing supplies that could be used during the conflict. Similarly, the Saints were themselves victims of theft during the same period. A document written decades later said church member recalled that when JS arrived in Nauvoo, he told the Saints that they were “no longer at war” and “must stop stealing.”
Despite JS’s urging to the contrary, some Latter-day Saints continued to use such justifications to steal from their neighbors. In October 1841 the Warsaw Signal republished a letter that brothers and of , Iowa, had written to the Hawk-Eye and Iowa Patriot. The letter charged Latter-day Saints with several thefts in , Illinois, and , Iowa Territory. The Kilbournes stated that since the Latter-day Saints had arrived in the area, none of the original residents’ possessions had been safe, “however strongly secured by bolts and bars.” The brothers accused JS of giving “full license to his followers to go on and plunder as much as they pleased” from those outside the church in Montrose.
Even a few Latter-day Saints made similar charges. During October 1840, a church member was brought before the on charges that he had repeatedly spoken evil of Latter-day Saint leaders, claiming that “in the church at Nauvoo there did exist a set of pilferers who were actually thieving robbing plundering taking & unlawfully carrying away from certain goods Chattles wares & property” and that these actions were “fostered & conducted by the knowledge and approbation of the heads & leaders of the church,” meaning “the & .” Another church member claimed that church leaders had gone so far as to “smother & cover up” instances of theft. Because of these accusations and the earlier thefts by Latter-day Saints in Missouri, local citizens in and held JS responsible for the lawbreaking, arguing that his teachings were “calculated to lead to theft.” The Signal warned that if the Latter-day Saints did not stop stealing from their neighbors, there would be “a general explosion,” likely resulting in the forced removal of the Saints from the region.
During November 1841, it became evident that at least some of these accusations were well founded. , who was of the , Illinois, in 1841, remembered that during “the latter part of the summer,” he began to discover that “false brethren had crept in among us unawares who began to teach things contrary to the revelations of God, by saying that it was no harm to steal from our enemies especially the Missourieans.” Church members , , Joseph Telford, and Finley Page of the Ramus stake were arrested and jailed for theft. Johnson’s counselor was also jailed for theft and admitted to his crime.
After learning of the arrests, JS instructed to “take every possible means to bring” the perpetrators to justice and pledged to “assist by publications &c in putting Down such Rascality.” Accordingly, on 18 November the Ramus-area church leadership tried and excommunicated the five arrested individuals on charges of larceny. On 29 November, JS, as president of the church, swore to the following affidavit before , the judicial authority of the Nauvoo Mayor’s Court. The original manuscript, which is no longer extant, was evidently signed by both men. JS apparently intended that the affidavit, addressed “To the Public,” would be published in the Times and Seasons. The affidavit clearly condemned theft and the recent crimes committed by Latter-day Saints. It was apparently part of a coordinated effort to denounce the recent incidents and was published in the 1 December 1841 issue alongside two corresponding statements—one from and one from the —condemning those who stole goods from their neighbors outside the church. A short editorial statement by JS was appended to the published affidavit.

Footnotes

  1. [1]

    See Historical Introduction to Agreement with Jacob Stollings, 12 Apr. 1839; and Thomas B. Marsh and Orson Hyde, Richmond, MO, to Lewis Abbott and Ann Marsh Abbott, Far West, MO, 25–30 Oct. 1838, in JS Letterbook 2, p. 18.

  2. [2]

    Revelation, 9 Feb. 1831 [D&C 42:39]. The earliest publications of the revelation in The Evening and the Morning Star and the Book of Commandments included this phrase. The wording in the 1835 edition of the Doctrine and Covenants was changed to “I will consecrate of the riches of those who embrace my gospel among the Gentiles, unto the poor of my people who are of the house of Israel.” (“Extract from the Laws for the Government of the Church of Christ,” The Evening and the Morning Star, July 1832, [1]; Book of Commandments 44:32; Doctrine and Covenants 13:11, 1835 ed. [D&C 42:39].)

  3. [3]

    Giving testimony against JS in November 1838, George M. Hinkle stated that “the general teachings of the presidency” included the idea that “the times had come when the riches of the Gentiles were to be consecrated to the true Israel— this thing of taking property, was considered a fulfilment of the above prophecy.” (George M. Hinkle, Testimony, Richmond, MO, Nov. 1838, p. [42], State of Missouri v. JS et al. for Treason and Other Crimes [Mo. 5th Jud. Cir. 1838], in State of Missouri, “Evidence”; see also Agreement with Jacob Stollings, 12 Apr. 1839; Thomas B. Marsh and Orson Hyde, Richmond, MO, to Lewis Abbott and Ann Marsh Abbott, Far West, MO, 25–30 Oct. 1838, in JS Letterbook 2, p. 18; and Whitmer, History, 91–92.)

  4. [4]

    Reed Peck, Testimony, Richmond, MO, Nov. 1838, p. [57], State of Missouri v. JS et al. for Treason and Other Crimes [Mo. 5th Jud. Cir. 1838], in State of Missouri, “Evidence”; see also Luke 6:1. Reed Peck gave this testimony during JS’s 1838 trial in Missouri for treason. In a letter to the Hawk-eye and Iowa Patriot, David W. Kilbourne and Edward Kilbourne of Montrose, Iowa Territory, likewise asserted that JS justified theft by “citing the example of Christ while passing through the corn field.” (David W. Kilbourne and Edward Kilbourne, “Latter-Day-Ism, No. 1,” Hawk-Eye and Iowa Patriot [Burlington], 30 Sept. 1841, [1].)

    Hawk-Eye and Iowa Patriot. Burlington, IA. 1839–1851.

  5. [5]

    See Introduction to Part 3: 4 Nov. 1838–16 Apr. 1839.

  6. [6]

    The source for this quotation, Lee’s Mormonism Unveiled, is not entirely dependable. Evidence suggests that at least portions of the book were ghostwritten by Lee’s attorney while Lee faced the death penalty for his crimes in the Mountain Meadows Massacre. Following Lee’s death, the interviews in the book were edited by Lee’s attorney prior to publication. Current scholarship suggests that the attorney “almost certainly . . . introduced details into the memoir” as a part of the publication process. (Lee, Mormonism Unveiled, 111; Turley et al., Mountain Meadows Massacre Collected Legal Papers, 2:601; Walker et al., Massacre at Mountain Meadows, xii.)

    Lee, John D. Mormonism Unveiled. St. Louis, MO: Sun Publishing Company, 1882.

    Turley, Richard E., Jr., Janiece L. Johnson, and LaJean Purcell Carruth, eds. Mountain Meadows Massacre Collected Legal Documents. 2 vols. Norman: University of Oklahoma Press, 2017.

    Walker, Ronald W., Richard E. Turley, Jr., and Glen M. Leonard. Massacre at Mountain Meadows. New York: Oxford University Press, 2008.

  7. [7]

    See “The Mason-Remey and the Kilbourne Collections,” 310–311.

    Editorial Department, “The Mason-Remey and the Kilbourne Collections,” Annals of Iowa 15 (Apr. 1926): 307–813.

  8. [8]

    David W. Kilbourne and Edward Kilbourne, “Latter-Day-Ism, Number One,” Warsaw (IL) Signal, 6 Oct. 1841, [2]. David W. Kilbourne reported to his friend and business partner Hiram Barney that the Latter-day Saints taught “it is doing God service to take the property of the Gentiles” and that on 21 July, JS “told a friend of mine that it was no matter how much was stolen” from Kilbourne. Kilbourne believed the Saints intended to drive him and others from Montrose because they were “standing . . . in the way of the fulfilment of Jo Smiths revelation to build up a city” in Lee County, Iowa Territory. (David W. Kilbourne, Montrose, Iowa Territory, to Hiram Barney, New York City, NY, 10 July 1841; David W. Kilbourne, Montrose, Iowa Territory, to Hiram Barney, New York City, NY, 24 July 1841, Hiram Barney, Papers, Henry E. Huntington Library, San Marino, CA.)

    Warsaw Signal. Warsaw, IL. 1841–1853.

    Barney, Hiram. Papers, 1772–1924. The Huntington Library, San Marino, CA.

  9. [9]

    David Fullmer, Charge against Oliver Walker Preferred to the Nauvoo High Council, Nauvoo, IL, 11 Oct. 1840, Nauvoo High Council Papers, CHL; see also Truman Richards, Testimony, [Nauvoo, IL], 6 Oct. 1840, Nauvoo High Council Papers, CHL; and Nauvoo High Council Minutes, 10 Oct. 1840.

    Nauvoo High Council Papers, 1839–1844. CHL. LR 3102 23.

    Nauvoo High Council Minutes, 1839–1845. CHL. LR 3102 22.

  10. [10]

    Henry G. Sherwood, Charge against William Gregory Preferred to the Nauvoo High Council, Nauvoo, IL, 14 Oct. 1840, Nauvoo High Council Papers, CHL; see also Nauvoo High Council Minutes, 17 Oct. 1840.

    Nauvoo High Council Papers, 1839–1844. CHL. LR 3102 23.

    Nauvoo High Council Minutes, 1839–1845. CHL. LR 3102 22.

  11. [11]

    Similar accusations had surfaced earlier. Former church member Thomas B. Marsh alleged in 1838 that JS and Sidney Rigdon had permitted the Saints to “pillage, rob, [and] plunder” in Daviess County, Missouri. (Thomas B. Marsh and Orson Hyde, Richmond, MO, to Lewis Abbott and Ann Marsh Abbott, Far West, MO, 25–30 Oct. 1838, in JS Letterbook 2, p. 18.)

  12. [12]

    Editorial, Warsaw (IL) Signal, 15 Dec. 1841, [2].

    Warsaw Signal. Warsaw, IL. 1841–1853.

  13. [13]

    “Mormon Excitement,” Warsaw (IL) Signal, 24 Nov. 1841, [2].

    Warsaw Signal. Warsaw, IL. 1841–1853.

  14. [14]

    Johnson, Autobiographical Sketch and Journal, 35–36.

    Johnson, Joel H. Autobiographical Sketch, 1879. Typescript. CHL. MS 12931.

  15. [15]

    Macedonia Branch, Record, 4 and 18 Nov. 1841. Joseph Holbrook was cashiered from the Nauvoo Legion on 30 November 1841, presumably for similar offenses. (See Report of Nauvoo Legion General Court-Martial, 30 Nov. 1841.)

    Macedonia Branch, Record / “A Record of the Chur[c]h of Jesus Christ of Latter day Saints in Macedonia (Also Called Ramus),” 1839–1850. CHL. LR 11808 21.

  16. [16]

    Holbrook, Autobiography and Journal, 61; Macedonia Branch, Record, 18 Nov. 1841.

    Holbrook, Joseph. Autobiography and Journal, not before 1871. Photocopy. CHL. MS 5004. Original in private possession.

    Macedonia Branch, Record / “A Record of the Chur[c]h of Jesus Christ of Latter day Saints in Macedonia (Also Called Ramus),” 1839–1850. CHL. LR 11808 21.

  17. [17]

    Macedonia Branch, Record, 12 Nov. 1841.

    Macedonia Branch, Record / “A Record of the Chur[c]h of Jesus Christ of Latter day Saints in Macedonia (Also Called Ramus),” 1839–1850. CHL. LR 11808 21.

  18. [18]

    Macedonia Branch, Record, 18 Nov. 1841.

    Macedonia Branch, Record / “A Record of the Chur[c]h of Jesus Christ of Latter day Saints in Macedonia (Also Called Ramus),” 1839–1850. CHL. LR 11808 21.

  19. [19]

    “Thieves,” Times and Seasons, 1 Dec. 1841, 3:615; “Hyrum Smith’s Affidavit,” Times and Seasons, 1 Dec. 1841, 3:615–616; Minutes, Ramus, IL, 18 Nov. 1841, in Times and Seasons, 1 Dec. 1841, 3:616; Brigham Young et al., Statement, Nauvoo, IL, 1 Dec. 1841, in Times and Seasons, 1 Dec. 1841, 3:616–617.

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

Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. *Affidavit, 29 November 1841 Affidavit, 29 November 1841, as Published in Wasp History, 1838–1856, volume C-1 [2 November 1838–31 July 1842] “History of Joseph Smith”

Page 618

after as to my real sentiments, or those of the leaders of the church, in relation to this important matter,——
State of Illinois,) ss.
.)
Before me, , Mayor of the City of , personally came Joseph Smith, of the , (commonly called Mormons,) who being duly sworn according to law, deposeth and saith, that he has never directly or indirectly encouraged the purloining of property, or taught the doctrine of stealing, or any other evil practice, and that all such vile and unlawful acts will ever receive his unqualified and unreserved disapproval, and the most vigorous opposition of the church over which he presides, and further this deponent saith not.
JOSEPH SMITH, President of the Church of Jesus Christ of Latter Day Saints.
Sworn to, and subscribed before me, at my office, in the City of , this twenty ninth day of November, Anno Domini 1841.
-[L. S.]- ,
Mayor of the City of .
Now it is to be hoped that none will hereafter be so reckless as to state that I, or the church to which I belong, approve of thieving—but that all the friends of law and order will join in ferreting out thieves wherever, and whenever, they may be found, and assist in bringing them to that condign punishment which such infamous crimes so richly merit.
JOSEPH SMITH, President of the Church of Jesus Christ of Latter Day Saints. [p. 618]
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Related Case Documents
Editorial Title
Affidavit, 29 November 1841
ID #
715
Total Pages
2
Print Volume Location
JSP, D8:376–381
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