JS, History, 1838–1856, vol. D-1, created 4 July 1845–4 Feb. 1846 and 1 July 1854–2 May 1855; handwriting of , Robert L. Campbell, and ; 275 pages, plus 6 pages of addenda; CHL. This is the fourth volume of a six-volume manuscript history of the church. This fourth volume covers the period from 1 Aug. 1842 to 1 July 1843; the remaining five volumes, labeled A-1, B-1, C-1, E-1 and F-1, continue through 8 Aug. 1844.
Historical Introduction
History, 1838–1856, volume D-1, constitutes the fourth of six volumes documenting the life of Joseph Smith and the early years of the Church of Jesus Christ of Latter-day Saints. The series is also known as the Manuscript History of the Church and was originally published serially from 1842 to 1846 and 1851 to 1858 as the “History of Joseph Smith” in the Times and Seasons and Deseret News. This volume contains JS’s history from 1 August 1842 to 1 July 1843, and it was compiled after JS’s death.
The material recorded in volume D-1 was initially compiled under the direction of church historian , with the assistance of . After Richards’s death in 1854, continued work on the volume as the new church historian with Bullock’s continued help. The process adopted by Richards and Bullock involved Richards creating a set of rough draft notes and Bullock transcribing the notes into the volume along with the text of designated documents (such as letters and meeting minutes). George A. Smith followed a similar pattern, though he dictated the draft notes to Bullock and other scribes.
According to the Church Historian’s Office journal, finished the third volume of the series, volume C-1, on Thursday, 3 July 1845, in , Illinois. He began work on the fourth volume, D-1, the next day, beginning on page 1362 with the entry for 1 August 1842. (The pages in volumes A-1–E-1 were numbered consecutively.) Bullock continued work on the record, drawing upon ’s draft notes, until 3 February 1846—the day before D-1 and the other volumes were packed up in preparation for the Latter-day Saints’ exodus from Nauvoo. At that point he had reached page 1485 with the entry for 28 February 1843. Subsequently, apparently after the collection had arrived in Utah, Bullock added a brief comment beneath that entry: “end of W. Richard’s compiling[.] the books packed Feby. 4— 1846 in Nauvoo[.] Miles Romney— present. The records carried by T Bullock from Winter Quarters to G S L [Great Salt Lake] City in 1848.”
A notation at the top of page 1486 reports that “the books were unpacked in G. S. L. City by and . June 7. 1853. J[onathan] Grimshaw & Miles Romney present.” Vertically, in the margin, is a poignant epitaph: “Decr. 1 1853 Dr. Willard Richards wrote one line of History—being sick at the time—and was never able to do any more.” With Richards’s death on 11 March 1854, JS’s cousin was called to the office of church historian. The notation on the top of page 1486 acknowledges this change in officers, noting, “commencement of George A. Smith’s compiling as Historian. April 13. 1854[.] [C]ommenced copying July 1. 1854.” From mid-April to the end of June 1854, George A. Smith, in collaboration with Thomas Bullock, worked on the draft notes for the history before a new scribe, , resumed writing in D-1 on 1 July 1854, beginning with the entry for 1 March 1843.
continued transcribing intermittently into the late fall of 1854, when he was assigned other duties in the Historian’s Office. He had reached page 1546 with the entry for 5 May 1843. Work resumed in February 1855 in the hand of Robert L. Campbell, recently returned from a mission. He concluded volume D-1 on the morning of 2 May 1855 and began writing in E-1 that afternoon.
The 274 pages of volume D-1 contain a record of much that is significant in the life of JS and the development of the church he founded. Among these events are
• JS’s 6 August 1842 prophecy that the Saints would become a mighty people in the midst of the Rocky Mountains.
•JS’s 8 August 1842 arrest on a warrant for being “an accessory before the fact” to an attack on former governor .
• ’s 17 August 1842 letter to governor , pleading for the humane treatment of her husband and family.
•JS’s 1 and 6 September 1842 instructions regarding the proper procedures for performing baptisms for the dead.
• JS’s 15 November 1842 “Valedictory” as he stepped down as editor of the Times and Seasons.
• The 26 December 1842 arrest of JS on a “proclamation” by former governor , and subsequent hearing in , Illinois.
• The 7 February 1843 recovery of a volume of patriarchal blessings given by , which had been stolen in , Missouri.
• JS’s 21 February 1843 remarks regarding the and .
• JS’s 2 April 1843 instruction at , Illinois, on the nature of God and other subjects.
• JS’s 16 May 1843 remarks at , Illinois, on the everlasting covenant and eternal marriage.
• The account of JS’s 23 June 1843 arrest and his hearing the following week at .
<January 4> by the Attorney General of the State of , on the ground that it was not competent for Smith to impeach or contra[HC 5:220]dict the return to the . It was contended by my Counsel 1st. That I had a right to prove that the return was untrue. 2nd. That the said Affidavits did not contradict the said return, as there was no averment under oath in said return that I was in at the time of the commission of the alleged crime or had fled from the Justice of that . The Court decided that the said Affidavits should be read in evidence, subject to all objections; and they were read accordingly. all of which will appear on my discharge. Esqre. opened the defence in an animated speech, and made some very pathetic allusions to our sufferings in followed by , who made the following points.
1st. This Court has jurisdiction. The requisition purports on its face to be made, and the warrant to be issued, under the Constitution and laws of the , regulating the surrender of fugitives from justice— 2nd. sec. 4th. article Constitution of . 1st. sec. of the act of Congress of 12th. Feb. 1793. When a person’s rights are invaded under a law of the he has no remedy except in the Courts of the — 2nd. sec. 3rd. Article Constitution — 12th. Wendall 325–16 Peters 543. The whole power in relation to the delivering up of fugitives from justice and labor, has been delegated to the , and Congress have regulated the manner and form in which it shall be exercised. The power is exclusive. The State—— Legislatures have no right to interfere, and if they do, their acts are void. 2nd. and 3rd. clause of the 2d. sec: 4th. Article Constitution — 2nd. vol. laws 331.— 16 Peters 617–618, 623— 4th. Wheaton’s Reports 122. 193–12. Wendall 312. all courts of the are authorized to issue writs of Habeas Corpus when the prisoner is confined under or by color of authority of the — Act of Congress of Septr. 24th. 1789 sec 14. 2nd. condensed 33 3rd. Cranch 447. 3rd. Peters 193
2. The return to the Habeas Corpus is not certain and sufficient to warrant the arrest and transportation of Smith. In all cases on previous to indictment, the Court will look into the depositions before the Magistrate, and though the commitment be full and in form, yet if the testimony prove no crime, the court will discharge ex-parte— [HC 5:221] Taylor 5th. Cowen 50. The affidavit of does not show that Smith was charged with any crime committed by him in , nor that he was a fugitive from justice. If the commitment be for a matter for which by law the prisoner is not liable to be punished, the court must discharge him— 3. Bacon 434. The of this has no jurisdiction over the person of Smith to transport him to , unless he has fled from that . 3. The prisoner has a right to prove facts not repugnant to the return, and even to go to behind the return and contradict it, unless committed under a judgment of a court of competent jurisdiction— 3rd. Bacon 435, 438– 3d. Peters 202. Gale’s Revised laws of 323. The testimony introduced by Smith at the hearing, showing conclusively that he was not a fugitive from justice, is not repugnant to the return.
, Attorney General of the State of , in support of the points made by him, cited 2d. condensed Reports 37; Gordon’s Digest, 73; Gale’s Statutes of 318; Conkling 85; 9th. Wendall 212;.
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In the course of his plea <> showed that had subscribed to a lie in his demand for me, as will appear on the paper, and said that “ would not [p. 1436]