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Affidavit, 7 July 1843–A

Source Note

JS, Affidavit, before , [], Hancock Co., IL, 7 July 1843; signed by JS; certified by . Featured version copied [ca. 7 July 1843]; handwriting of ; three pages; JS Collection, CHL. Includes docket, notation, and archival marking.
Bifolium measuring 12½ × 7¾ inches (32 × 20 cm). The document was folded twice horizontally for filing.
The affidavit was docketed by , who served as JS’s scribe from December 1841 until JS’s death in June 1844 and served as church historian from December 1842 until his own death in March 1854. A notation was added by Andrew Jenson, who began working in the Church Historian’s Office (later Church Historical Department) in 1891 and served as assistant church historian from 1897 to 1941. By 1973 the document had been included in the JS Collection at the Church Historical Department (now CHL). The docket and notation, together with the document’s inclusion in the JS Collection by 1973, indicate continuous institutional custody.

Footnotes

  1. [1]

    JS, Journal, 13 Dec. 1841 and 21 Dec. 1842; Orson Spencer, “Death of Our Beloved Brother Willard Richards,” Deseret News (Salt Lake City), 16 Mar. 1854, [2].

    Deseret News. Salt Lake City. 1850–.

  2. [2]

    Jenson, Autobiography, 192, 389; Cannon, Journal, 9 Feb. 1891; Jenson, Journal, 9 Feb. 1891 and 19 Oct. 1897; Bitton and Arrington, Mormons and Their Historians, 47–52.

    Jenson, Andrew. Autobiography of Andrew Jenson: Assistant Historian of the Church of Jesus Christ of Latter-day Saints. . . . Salt Lake City: Deseret News Press, 1938.

    Cannon, George Q. Journals, 1855–1864, 1872–1901. CHL. CR 850 1.

    Jenson, Andrew. Journals, 1864–1941. Andrew Jenson, Autobiography and Journals, 1864–1941. CHL.

    Bitton, David, and Leonard J. Arrington. Mormons and Their Historians. Salt Lake City: University of Utah Press, 1988.

  3. [3]

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

Historical Introduction

On 7 July 1843 in , Illinois, JS prepared an affidavit recounting his experiences in in 1838 and 1839. The affidavit also requested that governor revoke the warrant he issued for JS’s arrest on 17 June 1843 as part of the effort by Missouri officials to have JS extradited to stand trial on a charge of treason. On 23 June 1843 near , Illinois, Constable of , Illinois, arrested JS on Ford’s warrant and then transferred JS to the custody of the agent authorized to extradite JS to Missouri, Sheriff of , Missouri. In Dixon, JS obtained legal counsel, and his attorneys secured for him a writ of , which would allow him to appear before an Illinois judge who would review the legality of the detention. JS and his party departed Dixon on 26 June 1843, with their stated destination being , Illinois, to appear before a judge there. However, JS and his attorneys instead decided that he would appear before the Nauvoo Municipal Court, which discharged him on 1 July.
Following the discharge, and publicly complained that JS had defied the law and that the Municipal Court lacked jurisdiction in the case. They petitioned to dispatch the state militia to retake JS. Instead of taking immediate action, Ford commissioned attorney to investigate the matter and to assure members that the governor intended to both enforce the law and protect the rights of all citizens. Brayman arrived in Nauvoo on 7 July 1843 and requested “all the testimony given before the municipal Court & other affts pertaining to .” Several Latter-day Saint men assisted in making copies of the testimonies given at the 1 July habeas corpus hearing.
In addition, JS dictated the affidavit featured here to , a notary public for , in . In this document, JS recounted the Saints’ experiences in during the 1838 conflict between church members and their antagonists, denied that he committed treason and other crimes, and explained why he was not a fugitive from justice. The affidavit concluded with a plea that revoke the warrant he had issued for JS’s arrest, reflecting JS’s belief that would attempt to arrest him again despite the 1 July 1843 discharge. JS signed the document, after which Robinson certified it. JS also joined and in signing a second affidavit that recounted their experiences in Missouri. Robinson subsequently made copies of both affidavits.
At some point, left with a package of documents for the . It is possible that JS’s 7 July 1843 affidavit was in the package. However, Brayman apparently departed before all the affidavits and copied documents were completed—on 9 July church member left Nauvoo to deliver a second packet of affidavits and documents to in , Illinois. Roundy returned to Nauvoo on 13 July and reported that the governor was away from the capital and that Roundy therefore left the documents with , a prominent member of the church in Springfield. Brayman subsequently retrieved these documents from Adams and delivered all of the documentary material—including the 7 July 1843 affidavit—to the governor. Ford returned to Springfield around 20 July and began reviewing the documents and Brayman’s report, concluding by 26 July not to dispatch the militia to retake JS.
Three days later, wrote to inform JS of the governor’s decision, explaining that “the affidavits which you have furnished, so clearly establish the fact that you are not a fugitive from the justice of . . . . It was for the want of the very evidence which those affidavits contain, that he was compelled to issue the last warrant.” Brayman also reported that the warrant, which had been returned to by , was legally “dead,” meaning it could not be used to make another arrest and no revocation was necessary.
The original affidavit is apparently not extant. The copy made by was evidently retained for documentation and was subsequently preserved among church records. This retained copy is featured here.

Footnotes

  1. [1]

    See “Part 4: June–July 1843.” The warrant is featured with JS’s petition to the Nauvoo Municipal Court. (Petition to Nauvoo Municipal Court, 30 June 1843.)

  2. [2]

    Clayton, Journal, 23 June 1843; JS History, vol. D-1, 1581–1582. The power of attorney designating Joseph H. Reynolds as the agent responsible to conveying JS to Missouri is featured with JS’s petition to the Nauvoo Municipal Court. (Petition to Nauvoo Municipal Court, 30 June 1843.)

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

  3. [3]

    Clayton, Journal, 23 June 1843; JS History, vol. D-1, 1583–1584; “Habeas Corpus,” in Bouvier, Law Dictionary, 1:454.

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

    Bouvier, John. A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; With References to the Civil and Other Systems of Foreign Law. 2 vols. Philadelphia: Deacon and Peterson, 1854.

  4. [4]

    “Arrest of Joseph Smith,” Nauvoo Neighbor, 19 July 1843, [2]; JS History, vol. D-1, 1586; Edward Southwick, St. Louis, MO, 12 July 1843, Letter to the Editor, Old School Democrat and Saint Louis Herald, 12 July 1843, [2]; Minutes, 1 July 1843, Extradition of JS for Treason (Nauvoo Mun. Ct. 1843), JS Collection, CHL; Docket Entry, ca. 1 July 1843, Extradition of JS for Treason (Nauvoo Mun. Ct. 1843), Nauvoo Municipal Court Docket Book, 55–56; see also “Part 4: June–July 1843.”

    Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

    Old School Democrat and Saint Louis Herald. St Louis, MO. 1843–1844.

  5. [5]

    Clayton, Journal, 2 July 1843; JS, Journal, 2 July 1843.

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

  6. [6]

    Thomas Ford, Springfield, IL, to Mason Brayman, 3 July 1843, Illinois Governor’s Correspondence, 1816–1852, Illinois State Archives, Springfield; see also Historical Introduction to Letter from Mason Brayman, 29 July 1843.

    Illinois Governor’s Correspondence, 1816–1852. Illinois State Archives, Springfield.

  7. [7]

    Clayton, Journal, 7 July 1843; see also JS, Journal, 7 July 1843.

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

  8. [8]

    JS, Journal, 7 July 1843; Ebenezer Robinson, “Items of Personal History of the Editor,” Return, Jan. 1891, 13. The document does not explicitly locate the place of its creation. Like many legal documents, it identified only the state and county. However, JS was in Nauvoo this day. Like JS, Ebenezer Robinson lived in Nauvoo.

    The Return. Davis City, IA, 1889–1891; Richmond, MO, 1892–1893; Davis City, 1895–1896; Denver, 1898; Independence, MO, 1899–1900.

  9. [9]

    Affidavit, 7 July 1843–B; see also Caleb Baldwin et al., Affidavit, Hancock Co., IL, 7 July 1843, JS Office Papers, CHL.

  10. [10]

    See Letter from Mason Brayman, 29 July 1843.

  11. [11]

    JS, Journal, 9 July 1843.

  12. [12]

    JS, Journal, 13 July 1843; Selby, History of Sangamon County, 10; Walgren, “James Adams,” 122.

    Selby, Paul, ed. History of Sangamon County. 2 vols. Historical Encyclopedia of Illinois, edited by Newton Bateman and Paul Selby. Chicago: Munsell Publishing, 1912.

    Walgren, Kent L. “James Adams: Early Springfield Mormon and Freemason.” Journal of the Illinois State Historical Society 75 (Summer 1982): 121–136.

  13. [13]

    Letter from Mason Brayman, 29 July 1843.

  14. [14]

    Letter from Mason Brayman, 29 July 1843; “Illinois and Missouri,” Times and Seasons, 15 Aug. 1843, 4:292.

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

  15. [15]

    Letter from Mason Brayman, 29 July 1843.

Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. *Affidavit, 7 July 1843–A History, 1838–1856, volume E-1 [1 July 1843–30 April 1844] “History of Joseph Smith”

Page [3]

was driven out by force directed by by the officers and approved by the Legislature of — And that the lands and homes which his people had purchased and improved are now in many cases occupied and enjoyed by the very men who composed the mobs, who dispossessed them,— and he believes that the desire of plunder was one of the inducements which led led to the great wrongs which his people have suffered. And he further says that the recent requisition made upon the of upon which a warrant for his arrest, has been issued, has its origin in the proceedings before recited, in which this deponant, instead of being a “fugitive” from the Justice of , was driven at the point of the bayonett beyond its borders— and that since such expulsion, he has not been within the limits of . Wherefore he prays that, upon examination of the premises, the of will cause the writ by issued by him, to be revoked, and this deponant released from further proceedings in the premises—
Joseph Smith
Sworn to and subscribed before me this 7th day of July A. D. 1843—
Given under my hand and Notarial Seal the day and year last written.
Seal
,
Notary Public,
Ill [p. [3]]
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Source Note

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Document Information

Related Case Documents
Editorial Title
Affidavit, 7 July 1843–A
ID #
2024
Total Pages
4
Print Volume Location
JSP, D12:440–446
Handwriting on This Page
  • Ebenezer Robinson

Footnotes

  1. [10]

    In December 1838, church members in Caldwell County, Missouri, sent a petition to the Missouri legislature to provide their perspective on the October 1838 conflict with their antagonists and to request that the legislature rescind the expulsion order issued by Governor Boggs. By early 1839, it became apparent that the legislature was not going to act on the petition, which inaction the Saints viewed as acquiescence to the governor’s order. (“Part 3: 4 November 1838–16 April 1839.”)

  2. [11]

    Church members reported that some antagonists who participated in the 1838 conflict in Missouri were motivated by greed for land. Land records for where the Saints lived in northwestern Missouri are largely not extant. (See Walker, “Mormon Land Rights,” 4–55.)

    Walker, Jeffrey N. “Mormon Land Rights in Caldwell and Daviess Counties and the Mormon Conflict of 1838: New Findings and New Understandings.” BYU Studies 47, no. 1 (2008): 4–55.

  3. [12]

    JS was indicted for treason in Missouri in 1839; the indictment was dismissed the following year when it became apparent that JS and the other defendants would not appear for trial. In June 1843, a grand jury in Daviess County indicted JS again for treason, basing the new charge on testimony regarding the 1838 conflict. Based on this indictment, Missouri governor Thomas Reynolds sent the requisition to Illinois officials demanding JS’s apprehension and extradition. (“Part 4: June–July 1843”; see also Historical Introduction to State of Missouri v. Gates et al. for Treason.)

  4. [13]

    An 1840 editorial in the Times and Seasons argued that JS was not a fugitive from justice because the 1838–1839 legal proceedings against him in Missouri were unlawful, as was Missouri governor Lilburn W. Boggs’s 1838 order expelling all Latter-day Saints from the state. Similarly, JS denied that he was a fugitive from justice in his 30 June 1843 petition for habeas corpus. (Editorial, Times and Seasons, Sept. 1840, 1:169–170; Petition to Nauvoo Municipal Court, 30 June 1843.)

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

  5. [14]

    This adapted a claim JS made in the January 1843 proceedings before the United States Circuit Court for the District of Illinois, where he argued that “he was not in the State of Missouri” when Boggs was shot in May 1842, “nor had he [JS] been in said State for more than three years previous to that time, nor has he been in that State since that time.” JS made a similar argument in his 30 June 1843 petition for habeas corpus. JS may not have been aware that the summer 1843 extradition attempt was based on a new indictment for the treason that he allegedly committed during the 1838 conflict, not on more recent allegations. (Affidavit, 2 Jan. 1843; Petition to Nauvoo Municipal Court, 30 June 1843.)

  6. [15]

    TEXT: “Seal” enclosed in a hand-drawn representation of a seal.

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