History, 1838–1856, volume D-1 [1 August 1842–1 July 1843]

  • Source Note
  • Historical Introduction
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<November 26> whatever, but intend to make payments as fast as my circumstances will admit. But Sir, you are not unacquainted with the extreme hardness of the times, and the great scarcity of money, [blank] which put it out of my power to meet all the payments as they fell due, and which has been the only cause of any failure on my part, and should you feel disposed not to press the payments but offer a lenity equivalent to the state of the times, then Sir, I shall yet endeavor to make up the payments as fast as possible, and consider the contract still good between us. I would here say that when I found it necessary to avail myself of the benefits of the Bankrupt Law I knew not but that the Law required of me to include you amongst the list of my Creditors, notwithstanding the nature of the contract between us, this explains the reason of my doing so. I have since learned from a decision of the Judges of the Supreme Court, that it was not necessary, and that the Law has no jurisdiction over such a contract, consequently as I have before stated I am disposed to hold it, provid<ed> you will not press the payments. Under these circumstances I consider it unnecessary to give you the information required in your letter in regard to the number and kind of houses on the land &c. I shall expect to hear from you again soon. In regard to your having wrote to me some few weeks ago. I will observe that I have received no communication from you for some months back; if you wrote to me, the letter has been broke open and detained no doubt; as has [HC 5:195] been the case with a great quantity of letters from my friends of late and especially within the last three months. Few if any letters for me can get through the in this place and more particularly letters containing money, and matters of much importance I am satisfied that and others connected with him, have been the means of doing incalculable injury not only to myself but to the Citizens in general, and sir under such a state of things, you will have some idea of the difficulties I have to encounter, and the censure I have to bear through the unjust conduct of that man and others, whom he permits to interfere with the business. Having said so much I must close for the present. You will hereby understand my feelings upon the subject, and the reasons of the course I have hitherto pursued. With sentiments of due respect I remain as ever— Yours respectfully— Joseph Smith. P.S. Should it suit you better, I am ready on my part to renew the contract and would prefer it. J.S.”
In the evening went to see President in Company with he was suddenly and severely attacked with disease with strong symptoms of Apoplexy which was followed immediately with laying on of hands and prayer— accompanied with the use of herbs— profuse vomiting and purging followed, which were favorable indications, although few so violently attacked, ever survive long, yet the brethren were united in faith, and we had firm hopes of his recovery.
27 November 1842 • Sunday
<27> Sunday 27. At home, except visiting who remained extremely sick.
28 November 1842 • Monday
<28> Monday 28 At home all day, charges of an unequal distribution of provisions, giving more iron and steel tools to ’s Sons than to others, giving short measure of wood to ; also letting the first course of Stone around the to the man who would do it for the least price &c having been instituted by the Stone Cutters against the Temple Committee viz and . I requested the parties to appear at my house this [HC 5:196] day to have the difficulties settled by an investigation before myself and Counsellor . President [p. 1422]
November 26 whatever, but intend to make payments as fast as my circumstances will admit. But Sir, you are not unacquainted with the extreme hardness of the times, and the great scarcity of money, [blank] which put it out of my power to meet all the payments as they fell due, and which has been the only cause of any failure on my part, and should you feel disposed not to press the payments but offer a lenity equivalent to the state of the times, then Sir, I shall yet endeavor to make up the payments as fast as possible, and consider the contract still good between us. I would here say that when I found it necessary to avail myself of the benefits of the Bankrupt Law I knew not but that the Law required of me to include you amongst the list of my Creditors, notwithstanding the nature of the contract between us, this explains the reason of my doing so. I have since learned from a decision of the Judges of the Supreme Court, that it was not necessary, and that the Law has no jurisdiction over such a contract, consequently as I have before stated I am disposed to hold it, provided you will not press the payments. Under these circumstances I consider it unnecessary to give you the information required in your letter in regard to the number and kind of houses on the land &c. I shall expect to hear from you again soon. In regard to your having wrote to me some few weeks ago. I will observe that I have received no communication from you for some months back; if you wrote to me, the letter has been broke open and detained no doubt; as has [HC 5:195] been the case with a great quantity of letters from my friends of late and especially within the last three months. Few if any letters for me can get through the in this place and more particularly letters containing money, and matters of much importance I am satisfied that and others connected with him, have been the means of doing incalculable injury not only to myself but to the Citizens in general, and sir under such a state of things, you will have some idea of the difficulties I have to encounter, and the censure I have to bear through the unjust conduct of that man and others, whom he permits to interfere with the business. Having said so much I must close for the present. You will hereby understand my feelings upon the subject, and the reasons of the course I have hitherto pursued. With sentiments of due respect I remain as ever— Yours respectfully— Joseph Smith. P.S. Should it suit you better, I am ready on my part to renew the contract and would prefer it. J.S.”
In the evening went to see President in Company with he was suddenly and severely attacked with disease with strong symptoms of Apoplexy which was followed immediately with laying on of hands and prayer— accompanied with the use of herbs— profuse vomiting and purging followed, which were favorable indications, although few so violently attacked, ever survive long, yet the brethren were united in faith, and we had firm hopes of his recovery.
27 November 1842 • Sunday
27 Sunday 27. At home, except visiting who remained extremely sick.
28 November 1842 • Monday
28 Monday 28 At home all day, charges of an unequal distribution of provisions, giving more iron and steel tools to ’s Sons than to others, giving short measure of wood to ; also letting the first course of Stone around the to the man who would do it for the least price &c having been instituted by the Stone Cutters against the Temple Committee viz and . I requested the parties to appear at my house this [HC 5:196] day to have the difficulties settled by an investigation before myself and Counsellor . President [p. 1422]
Page 1422