Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason]

  • Source Note
  • Historical Introduction
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Joseph Smith, Senior, has not committed treason in the State of , nor violated any law or rule of said , I being personally acquainted with the transactions and doings of said Smith, while <​whilst​> he resided in said , which was for about six months in the year 1838; I being also a resident in said during the same period of time, and I do know that said Joseph Smith, Senior never was subject to military duty in any State, neither was he in the State of , he being exempt by the amputation or extraction of a bone from his leg, and by his having a license to preach the Gospel, or being in other words a Minister of the Gospel, and I do know that said Smith never bore arms as a Military Man, in any capacity whatever, whilst in the State of or previous to that time, neither has he given any orders or assumed any command in any capacity whatever; but I do know that whilst he was in the State of , that the people <​commonly​> called Mormons were threatned with violence and extermination, and on or about the first Monday in August 1838 at the election at , the county seat in the citizens who were commonly called Morms were forbidden to exercise the rights of franchise and from that unhallowed circumstance an affray commenced, and a fight ensued among the citizens of that place and from that time a mob commenced gathering in that threatening the the exterminations of the Mormons; the said Smith and myself upon hearing that mobs were collecting together & that they had also murdered two of the citizens of the same place, and would not suffer them to be buried the said Smith and myself went over to to learn the particulars of the affray, but upon our arrival at we learned that none were killed but several were wounded— we tarried all night at Col. ’s the next morning, the next morning the weather being very warm and having been very dry for some time previously, the Springs and and Wells in that region were dried up, on mounting our horses to return we rode up to ’s who was then an acting Justice of the Peace to obtain some water for ourselves and horses; some few of the citizens accompanied us there, and after obtaining the refreshment of water, was asked by said Joseph Smith, Senior, if he would use his influence to see that the laws were faithfully executed and to put down mob violence, and he gave us a paper written by his own hand, stating that he would do so. He also requested him to call together the most influential men of the on the next day that we might have an interview with them, to this he acquiesced, and accordingly the next day, the<​y​> assembled at the house of and entered into a mutual covenant of peace to put down mob violence & to protect each other on in the enjoyment of their rights; after this we all parted with the best of feelings and each man returned to his own home. This mutual agreement of peace however did not last long for but a few days [p. 61]
Joseph Smith, Senior, has not committed treason in the State of , nor violated any law or rule of said , I being personally acquainted with the transactions and doings of said Smith, whilst he resided in said , which was for about six months in the year 1838; I being also a resident in said during the same period of time, and I do know that said Joseph Smith, Senior never was subject to military duty in any State, neither was he in the State of , he being exempt by the amputation or extraction of a bone from his leg, and by having a license to preach the Gospel, or being in other words a Minister of the Gospel, and I do know that said Smith never bore arms as a Military Man, in any capacity whatever, whilst in the State of or previous to that time, neither has he given any orders or assumed any command in any capacity whatever; but I do know that whilst he was in the State of , that the people commonly called Mormons were threatned with violence and extermination, and on or about the first Monday in August 1838 at the election at , the county seat in the citizens who were commonly called Morms were forbidden to exercise the rights of franchise and from that unhallowed circumstance an affray commenced, and a fight ensued among the citizens of that place and from that time a mob commenced gathering in that threatening the the extermination of the Mormons; the said Smith and myself upon hearing that mobs were collecting together & that they had also murdered two of the citizens of the same place, and would not suffer them to be buried the said Smith and myself went over to to learn the particulars of the affray, but upon our arrival at we learned that none were killed but several were wounded— we tarried all night at Col. ’s the next morning, the next morning the weather being very warm and having been very dry for some time previously, the Springs and and Wells in that region were dried up, on mounting our horses to return we rode up to ’s who was then an acting Justice of the Peace to obtain some water for ourselves and horses; some few of the citizens accompanied us there, and after obtaining the refreshment of water, was asked by said Joseph Smith, Senior, if he would use his influence to see that the laws were faithfully executed and to put down mob violence, and he gave us a paper written by his own hand, stating that he would do so. He also requested him to call together the most influential men of the on the next day that we might have an interview with them, to this he acquiesced, and accordingly the next day, they assembled at the house of and entered into a mutual covenant of peace to put down mob violence & to protect each other in the enjoyment of their rights; after this we all parted with the best of feelings and each man returned to his own home. This mutual agreement of peace however did not last long for but a few days [p. 61]
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