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

  • Source Note
  • Historical Introduction
Page 1444
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<January 5> at the close I arose and bowed to the Court which adjourned to 10 o clock tomorrow. I accepted an  invitation to see in his room and spent an hour in conversation with his , in  which I explained to him that I did not profess to be a prophet more than every man ought  who professes to be a preacher of righteousness, and that the testimony of Jesus is the Spirit of  Prophecy, and gave the a brief but general view of my principles— asked me  “to prophecy how many inhabitants would come to ” I said I will not tell how many—  inhabitants will come to , but when I went to , I told the people I would build  up a City, and the old inhabitants replied “we will be damd if you can” So I prophesied that  I would build up a City, and the Inhabitants prophesied I could not, and we have now about  12000 Inhabitants. I will prophecy we will build up a great city, for we have the Stakes  and have only to fill up the interstices. The was very attentive and agreeable, and  requested of me that my Secretary would furnish him a copy of his decision  for the press— dined at ’, and in the afternoon visited with . In the evening visited and lodged at ’ with .
6 January 1843 • Friday
<6> Friday 6 In the morning went to see with , who presented the   with a report of his decision, called on and gave him two notes of  $230.00 each, having paid him $40.00 as fee for his service in my suit. I took certified  copies of the doings of the Court, and waited on for his certified thereto,  after which he offered me a little advice, which was that I “should refrain from all  political electioneering”. I told him that I always had acted on that principle, and  proved it by and , and that the “Mormons” were driven to union  in their elections by persecution, and not by my influence, and that the “Mormons” acted  on the most perfect principle of liberty in all their movements— During the day I had considerable  conversation in the Court Room with the Lawyers &c on various topics, and particularly  on Religion. ’s son wished me well, and hoped I should “not be persecuted any more”  and I blessed him. said I must deposit my discharge, and all my  papers in the Archives of the Temple when it is completed— My discharge here referred  to commenced with my Petition for Habeas Corpus, and closed with the Certificate of  , Governor of , including all the documents relating to my trial,  on separate sheets of paper, attached by a blue ribbon, and secured by the seal of the  Court, and reads as follows
“Pleas before the Circuit Court of the for the  District of at the December Term A.D. 1842— December 31st.
In the matter of Joseph Smith Petition for Habeas Corpus   Attorney for said Petitioner comes and moves the Court for the  allowance of a writ of Habeas Corpus and files the annexed Petition, and the  Papers referred to therein. To the Honorable the Circuit Court of the for the District of — The Petition of Joseph Smith respectfully sheweth  that he has been arrested and is detained in Custody by William F. Elkin Sheriff  of , upon a Warrant issued by the of the State of  upon the requisition of the of as a fugitive from justice a copy  of the said Warrant and the requisition, and the affidavit upon which the same  was issued is hereto annexed. And your Petitioner is also arrested by  and by him also held and detained in custody (jointly with the said Sheriff of  ) upon a proclamation issued by the of the State of  a copy of which proclamation is hereunto annexed— Your Petitioner prays that a [p. 1444]
January 5 at the close I arose and bowed to the Court which adjourned to 10 o clock tomorrow. I accepted an invitation to see in his room and spent an hour in conversation with his , in which I explained to him that I did not profess to be a prophet more than every man ought who professes to be a preacher of righteousness, and that the testimony of Jesus is the Spirit of Prophecy, and gave the a brief but general view of my principles— asked me “to prophecy how many inhabitants would come to ” I said I will not tell how many— inhabitants will come to , but when I went to , I told the people I would build up a City, and the old inhabitants replied “we will be damd if you can” So I prophesied that I would build up a City, and the Inhabitants prophesied I could not, and we have now about 12000 Inhabitants. I will prophecy we will build up a great city, for we have the Stakes and have only to fill up the interstices. The was very attentive and agreeable, and requested of me that my Secretary would furnish him a copy of his decision for the press— dined at ’, and in the afternoon visited with . In the evening visited and lodged at ’ with .
6 January 1843 • Friday
6 Friday 6 In the morning went to see with , who presented the with a report of his decision, called on and gave him two notes of $230.00 each, having paid him $40.00 as fee for his service in my suit. I took certified copies of the doings of the Court, and waited on for his certified thereto, after which he offered me a little advice, which was that I “should refrain from all political electioneering”. I told him that I always had acted on that principle, and proved it by and , and that the “Mormons” were driven to union in their elections by persecution, and not by my influence, and that the “Mormons” acted on the most perfect principle of liberty in all their movements— During the day I had considerable conversation in the Court Room with the Lawyers &c on various topics, and particularly on Religion. ’s son wished me well, and hoped I should “not be persecuted any more” and I blessed him. said I must deposit my discharge, and all my papers in the Archives of the Temple when it is completed— My discharge here referred to commenced with my Petition for Habeas Corpus, and closed with the Certificate of , Governor of , including all the documents relating to my trial, on separate sheets of paper, attached by a blue ribbon, and secured by the seal of the Court, and reads as follows
“Pleas before the Circuit Court of the for the District of at the December Term A.D. 1842— December 31st.
In the matter of Joseph Smith Petition for Habeas Corpus Attorney for said Petitioner comes and moves the Court for the allowance of a writ of Habeas Corpus and files the annexed Petition, and the Papers referred to therein. To the Honorable the Circuit Court of the for the District of — The Petition of Joseph Smith respectfully sheweth that he has been arrested and is detained in Custody by William F. Elkin Sheriff of , upon a Warrant issued by the of the State of upon the requisition of the of as a fugitive from justice a copy of the said Warrant and the requisition, and the affidavit upon which the same was issued is hereto annexed. And your Petitioner is also arrested by and by him also held and detained in custody (jointly with the said Sheriff of ) upon a proclamation issued by the of the State of a copy of which proclamation is hereunto annexed— Your Petitioner prays that a [p. 1444]
Page 1444