JS, History, 1838–1856, vol. E-1, created 20 Aug. 1855–5 Apr. 1856; handwriting of Robert L. Campbell, , and Jonathan Grimshaw; 392 pages, plus 11 pages of addenda; CHL. This is the fifth volume of a six-volume manuscript history of the church. This fifth volume covers the period from 1 July 1843 to 30 Apr. 1844; the remaining five volumes, labeled A-1, B-1, C-1, D-1, and F-1, continue through 8 Aug. 1844.
Historical Introduction
History, 1838–1856, volume E-1, constitutes the fifth 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 July 1843 to 30 April 1844, and it was compiled in Utah Territory in the mid-1850s.
The material recorded in volume E-1 was initially compiled under the direction of church historian , who was JS’s cousin. Smith collaborated with in collecting material for the history and creating a set of draft notes that Smith dictated to Bullock and other clerks.
Robert L. Campbell, a recently returned missionary and member of the Historian’s Office staff, transcribed ’s notes into the volume along with the text of designated documents (such as letters and meeting minutes). The Church Historian’s Office journal entry for 2 May 1855 pinpoints the beginning of his work: “R. L. C. on Book D forenoon, afternoon began book E.” Campbell’s work on the volume apparently concluded on 5 April 1856; entries in the Historian’s Office journal indicate that he then moved on to other assignments while another clerk, Jonathan Grimshaw, began work on volume F-1, the last manuscript in the series. (Historian’s Office, Journal, 2 May 1855; 5 and 9 Apr. 1856.)
Volume E-1 contains 391 pages of primary text and 11 pages of addenda. The initial entry on page 1637 is a continuation of the 1 July 1843 entry that closed volume D-1. The final entry in volume E-1 is for 30 April 1844.
The 391 pages of volume E-1 document a crucial period of JS’s life and the history of the church. Important events recorded here include
• An account of JS’s 2 July 1843 meeting with several Pottawatamie chiefs.
• JS’s 4 July 1843 address regarding his recent arrest, the Legion, and Mormon voting practices.
• JS’s 12 July 1843 dictation of a revelation regarding eternal marriage, including the plurality of wives, in the presence of and .
• The 13 August 1843 disfellowshipment of and revocation of his priesthood license.
• Dispatch of the first missionaries to the Pacific Islands on 20 September 1843, led by .
• JS’s 1 October 1843 announcement of ’s appointment to a mission to Russia.
• Minutes of a 6–9 October 1843 general conference inserted under the date of 9 October at which pled his case in regard to his 13 August 1843 disfellowshipment and was permitted to continue as counselor in the First Presidency.
• Text of JS’s appeal to the Green Mountain Boys of , inserted under the date of 29 November 1843.
• A 20 January 1844 entry that includes a poem by commemorating the presentation of two copies of the Book of Mormon to Queen Victoria and Prince Albert by .
• JS’s nomination on 29 January 1844 as an independent candidate for the presidency of the .
<August 14> that whenever the safety of any of the frontier settlements in this , shall, in the opinion of the Governor, require it, he may exempt the Militia in such settlements from being called into service, and make such further provision for the defence, as the necessity of the case may require; which exemption shall be expressed in his orders to commandants of the divisions; who, together with the commandants of brigades, regiments, battalions and companies, shall govern themselves accordingly:— And provided also, that such militia men may be required to serve as spies on their own frontiers; and that on actual invasion or any extreme emergency, the commander-in-chief, commandants of divisions, brigades, battalions and companies, may call on the whole or any part of the militia under their respective commands, as the nature of the case may require, who shall continue in service, if necessary, until the Militia can be regularly called out.”
The Governor has no other authority in calling out the Militia than that which is contained in this section; by which it appears that there must be either a requisition from the President, an actual or threatened invasion, or some extreme emergency to warrant the Governor in exercising this power. No one of these contingencies has arisen. There has been no requisition from the President— there has been no actual or threatened invasion of the — nor is this such an extreme emergency as is contemplated by the Law. If we allow that force was exhibited and threatened, to compel your to carry his prisoner before the municipal court of ; that [HC 5:535] the court there took cognizance of the cause without jurisdiction, and against the consent of your , it would amount at most to a riot; and to a resistance of authority in a single case, and that too under color of law and legal process. To constitute an extreme emergency, so as to justify a call for the militia, there ought, in my opinion, to be something more than a <mere illegal act— something more than a——> design to resist the law in a single instance. The design ought to be general as in treason, rebellion, or insurrection; in which cases an universality of design is essential to constitute the offence.
If a person resists a constable or Sheriff, or other officer charged with the of process, with an intention to resist the Law in that particular instance; such an act is a misdemeanor at most— is indictable as such, and may be met by the . But something more than a mere misdemeanor must have been contemplated by the law. It would seem to me that it could never have been intended that the Governor should call out the Militia in every case, where a constable or Sheriff may be resisted, and even in a case of a riotous resistance it would not be an extreme emergency without some military array, some warlike show, or some threatened resistance to the government itself.
In this case, there has been no warlike array in the proceedings of Smith and his friends; no exhibition of arms, and no actual force of an illegal character. was not subjected to illegal imprisonment. He was arrested on lawful process, and although that process may have been wrongfully obtained, yet his arrest was not riotous or unlawful, but according to the forms of law. continued in the custody of the Sheriff by virtue of that process, until he was taken to , and although he was taken to that against his will, and was by [p. 1694]