Footnotes
Jessee, “Writing of Joseph Smith’s History,” 456–458; “Another One Gone,” Salt Lake Daily Herald, 12 Feb. 1885, 8.
Jessee, Dean C. “The Writing of Joseph Smith’s History.” BYU Studies 11 (Summer 1971): 439–473.
Salt Lake Daily Herald. Salt Lake City. 1870–1889.
Footnotes
Missouri law allowed petitions for a writ of habeas corpus to be presented to “any justice of the county court.” (An Act to Regulate Proceedings on Writs of Habeas Corpus [6 Mar. 1835], Revised Statutes of the State of Missouri [1835], p. 297, art. 1, sec. 2.)
The Revised Statutes of the State of Missouri, Revised and Digested by the Eighth General Assembly, During the Years One Thousand Eight Hundred and Thirty-Four, and One Thousand Eight Hundred and Thirty-Five. Together with the Constitutions of Missouri and of the United States. 3rd ed. St. Louis: Chambers and Knapp, 1841.
“Habeas Corpus,” in Bouvier, Law Dictionary, 1:454–456; Walker, “Habeas Corpus in Early Nineteenth-Century Mormonism,” 5–8; see also Historical Introduction to Petition to George Tompkins, between 9 and 15 Mar. 1839, in JSP, D6:342–343.
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: T. and J. W. Johnson, 1839.
Walker, Jeffrey N. “Habeas Corpus in Early Nineteenth-Century Mormonism: Joseph Smith’s Legal Bulwark for Personal Freedom.” BYU Studies 52, no. 1 (2013): 4–97.
JSP, D6 / Ashurst-McGee, Mark, David W. Grua, Elizabeth Kuehn, Alexander L. Baugh, and Brenden W. Rensink, eds. Documents, Volume 6: February 1838–August 1839. Vol. 6 of the Documents series of The Joseph Smith Papers, edited by Ronald K. Esplin, Matthew J. Grow, and Matthew C. Godfrey. Salt Lake City: Church Historian’s Press, 2017.
See Historical Introduction to Affidavit, 5 Sept. 1838, in JSP, D6:219–220; and JS, Journal, 16–18 Aug. 1838.
JSP, D6 / Ashurst-McGee, Mark, David W. Grua, Elizabeth Kuehn, Alexander L. Baugh, and Brenden W. Rensink, eds. Documents, Volume 6: February 1838–August 1839. Vol. 6 of the Documents series of The Joseph Smith Papers, edited by Ronald K. Esplin, Matthew J. Grow, and Matthew C. Godfrey. Salt Lake City: Church Historian’s Press, 2017.
JS, Journal, 16–18 Aug. 1838.
An Act to Regulate Proceedings in Criminal Cases [21 Mar. 1835], Revised Statutes of the State of Missouri [1835], pp. 486–487, art. 5, sec. 16.
The Revised Statutes of the State of Missouri, Revised and Digested by the Eighth General Assembly, During the Years One Thousand Eight Hundred and Thirty-Four, and One Thousand Eight Hundred and Thirty-Five. Together with the Constitutions of Missouri and of the United States. 3rd ed. St. Louis: Chambers and Knapp, 1841.
JS, Journal, 16–18 Aug. 1838. At the time, Judge Austin A. King resided in Richmond, Ray County, Missouri.
History of Daviess County, Missouri, 243.
The History of Daviess County, Missouri. An Encyclopedia of Useful Information, and a Compendium of Actual Facts. . . . Kansas City, MO: Birdsall and Dean, 1882.
An Act to Regulate Proceedings on Writs of Habeas Corpus [6 Mar. 1835], Revised Statutes of the State of Missouri [1835], p. 297, art. 1, secs. 2–4; Petition, ca. 16 Aug. 1838, draft, George W. Robinson, Papers, CHL.
The Revised Statutes of the State of Missouri, Revised and Digested by the Eighth General Assembly, During the Years One Thousand Eight Hundred and Thirty-Four, and One Thousand Eight Hundred and Thirty-Five. Together with the Constitutions of Missouri and of the United States. 3rd ed. St. Louis: Chambers and Knapp, 1841.
Robinson, George W. Papers, 1838. CHL.
JS’s journal entry for 16 August 1838 appears to cover the events of more than just that date. It mentions Morgan’s arrival in Far West from Daviess County, his departure from Far West to Richmond, his return from Richmond to Far West, and his ultimate departure from Far West to Daviess County. The journal entry was evidently recorded retroactively and did not note the precise date that Morgan returned from Richmond to Far West. The next journal entry, for 20–21 August, covers a different subject and therefore seems to imply that the sheriff had already departed from Far West to Daviess County by that time (that is, on 19 August or earlier). (JS, Journal, 16–18 and 20 Aug. 1838.)
In addition to creating a legal form for petitioning habeas corpus, Robinson also created what appears to be a legal form for a writ of habeas corpus. Following the language of a writ, this document ordered Morgan to bring an unidentified prisoner (the form leaves a blank for the prisoner’s name) before Judge Higbee, who would investigate the cause of confinement. While Higbee used Robinson’s form for petitioning habeas corpus in order to produce a petition for JS, it is unknown whether he or anyone else used Robinson’s form to produce a writ naming JS as the prisoner. (Habeas Corpus, ca. 16 Aug. 1838, George W. Robinson, Papers, CHL.)
Robinson, George W. Papers, 1838. CHL.
JS, Journal, 16–18 Aug. 1838.
See Historical Introduction to Affidavit, 5 Sept. 1838, in JSP, D6:220–221; and JS, Journal, 2 Sept. 1838.
JSP, D6 / Ashurst-McGee, Mark, David W. Grua, Elizabeth Kuehn, Alexander L. Baugh, and Brenden W. Rensink, eds. Documents, Volume 6: February 1838–August 1839. Vol. 6 of the Documents series of The Joseph Smith Papers, edited by Ronald K. Esplin, Matthew J. Grow, and Matthew C. Godfrey. Salt Lake City: Church Historian’s Press, 2017.