Footnotes
See Source Note for 1834–1836 history.
JS History, 1834–1836 / Smith, Joseph, et al. History, 1834–1836. In Joseph Smith et al., History, 1838–1856, vol. A-1, back of book (earliest numbering), 9–20, 46–187. Historian's Office, History of the Church, 1839–ca. 1882. CHL. CR 100 102, box 1, vol. 1.
Of the excerpt transcribed here, manuscript pages 1–9, 18, 19, and 36 do not have a heading.
See JS History, vol. A-1, microfilm, Dec. 1971, CHL. Only one leaf of the original pastedowns and flyleaves is extant. The pastedowns were replaced with undecorated paper in 1994, according to a conservation note on the verso of the extant marbled leaf archived with the volume.
JS History, vol. A-1. Microfilm, Dec. 1971. CHL. CR 100 102, reel 1.
“Schedule of Church Records. Nauvoo 1846,” [1]; “Historian’s Office Catalogue 1858,” 2, Historian’s Office, Catalogs and Inventories, 1846–1904, CHL.
Historian’s Office. Catalogs and Inventories, 1846–1904. CHL. CR 100 130.
Footnotes
JS History / Smith, Joseph, et al. History, 1838–1856. Vols. A-1–F-1 (original), A-2–E-2 (fair copy). Historian’s Office, History of the Church, 1839–ca. 1882. CHL. CR 100 102, boxes 1–7. The history for the period after 5 Aug. 1838 was composed after the death of Joseph Smith.
Although the history was begun in 1838, it is possible that the preamble in the first paragraph was added in 1839 when James Mulholland wrote Draft 2. If so, the concern with negative publicity may also have been a reaction to the widespread news of the Mormon conflict in Missouri in fall 1838 andJS’s imprisonment, or to the growing number of publications critical of JS and the church since 1838. See, for example, Origen Bacheler, Mormonism Exposed, Internally and Externally (New York, 1838), and La Roy Sunderland’s eight-part series published in the Methodist Zion’s Watchman from 13 January to 3 March 1838 and republished in pamphlet form as Mormonism Exposed and Refuted (New York: Piercy & Reid, 1838).
The church was possibly organized as an unincorporated religious society—a “voluntary association of individuals or families . . . united for the purpose of having a common place of worship, and to provide a proper teacher to instruct them . . . and to administer the ordinances of the church”—and not as a religious corporation. (Tyler, American Ecclesiastical Law, 54; see also “Society,” in Bouvier, Law Dictionary, 2:515; Stott, “Legal Insights into the Organization of the Church in 1830,” 122–132; and An Act to Provide for the Incorporation of Religious Societies [5 Apr. 1813], Laws of the State of New-York [1813], vol. 2, pp. 212–219.)
Tyler, R. H. American Ecclesiastical Law: The Law of Religious Societies, Church Government and Creeds, Disturbing Religious Meetings, and the Law of Burial Grounds in the United States. With Practical Forms. Albany: William Gould, 1866.
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.
Stott, David Keith. “Legal Insights into the Organization of the Church in 1830.” BYU Studies 49, no. 2 (2010): 121–148.
Laws of the State of New-York, Revised and Passed at the Thirty-Sixth Session of the Legislature, With Marginal Notes and References. 2 Vols. Albany: H. C. Southwick and Company, 1813.