JS, History, 1838–1856, vol. D-1, created 4 July 1845–4 Feb. 1846 and 1 July 1854–2 May 1855; handwriting of , Robert L. Campbell, and ; 275 pages, plus 6 pages of addenda; CHL. This is the fourth volume of a six-volume manuscript history of the church. This fourth volume covers the period from 1 Aug. 1842 to 1 July 1843; the remaining five volumes, labeled A-1, B-1, C-1, E-1 and F-1, continue through 8 Aug. 1844.
History, 1838–1856, volume D-1, constitutes the fourth 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 August 1842 to 1 July 1843, and it was compiled after JS’s death.
The material recorded in volume D-1 was initially compiled under the direction of church historian , with the assistance of . After Richards’s death in 1854, continued work on the volume as the new church historian with Bullock’s continued help. The process adopted by Richards and Bullock involved Richards creating a set of rough draft notes and Bullock transcribing the notes into the volume along with the text of designated documents (such as letters and meeting minutes). George A. Smith followed a similar pattern, though he dictated the draft notes to Bullock and other scribes.
According to the Church Historian’s Office journal, finished the third volume of the series, volume C-1, on Thursday, 3 July 1845, in , Illinois. He began work on the fourth volume, D-1, the next day, beginning on page 1362 with the entry for 1 August 1842. (The pages in volumes A-1–E-1 were numbered consecutively.) Bullock continued work on the record, drawing upon ’s draft notes, until 3 February 1846—the day before D-1 and the other volumes were packed up in preparation for the Latter-day Saints’ exodus from Nauvoo. At that point he had reached page 1485 with the entry for 28 February 1843. Subsequently, apparently after the collection had arrived in Utah, Bullock added a brief comment beneath that entry: “end of W. Richard’s compiling[.] the books packed Feby. 4— 1846 in Nauvoo[.] Miles Romney— present. The records carried by T Bullock from Winter Quarters to G S L [Great Salt Lake] City in 1848.”
A notation at the top of page 1486 reports that “the books were unpacked in G. S. L. City by and . June 7. 1853. J[onathan] Grimshaw & Miles Romney present.” Vertically, in the margin, is a poignant epitaph: “Decr. 1 1853 Dr. Willard Richards wrote one line of History—being sick at the time—and was never able to do any more.” With Richards’s death on 11 March 1854, JS’s cousin was called to the office of church historian. The notation on the top of page 1486 acknowledges this change in officers, noting, “commencement of George A. Smith’s compiling as Historian. April 13. 1854[.] [C]ommenced copying July 1. 1854.” From mid-April to the end of June 1854, George A. Smith, in collaboration with Thomas Bullock, worked on the draft notes for the history before a new scribe, , resumed writing in D-1 on 1 July 1854, beginning with the entry for 1 March 1843.
continued transcribing intermittently into the late fall of 1854, when he was assigned other duties in the Historian’s Office. He had reached page 1546 with the entry for 5 May 1843. Work resumed in February 1855 in the hand of Robert L. Campbell, recently returned from a mission. He concluded volume D-1 on the morning of 2 May 1855 and began writing in E-1 that afternoon.
The 274 pages of volume D-1 contain a record of much that is significant in the life of JS and the development of the church he founded. Among these events are
• JS’s 6 August 1842 prophecy that the Saints would become a mighty people in the midst of the Rocky Mountains.
•JS’s 8 August 1842 arrest on a warrant for being “an accessory before the fact” to an attack on former governor .
• ’s 17 August 1842 letter to governor , pleading for the humane treatment of her husband and family.
•JS’s 1 and 6 September 1842 instructions regarding the proper procedures for performing baptisms for the dead.
• JS’s 15 November 1842 “Valedictory” as he stepped down as editor of the Times and Seasons.
• The 26 December 1842 arrest of JS on a “proclamation” by former governor , and subsequent hearing in , Illinois.
• The 7 February 1843 recovery of a volume of patriarchal blessings given by , which had been stolen in , Missouri.
• JS’s 21 February 1843 remarks regarding the and .
• JS’s 2 April 1843 instruction at , Illinois, on the nature of God and other subjects.
• JS’s 16 May 1843 remarks at , Illinois, on the everlasting covenant and eternal marriage.
• The account of JS’s 23 June 1843 arrest and his hearing the following week at .
that great palladium of liberty in the latter part of the reign of Charles the Second. It was indeed a magnificent achievement over arbitary power. Magna Charta established the principles of liberty; the protected them. It matters not how great or obscure the prisoner, how great or obscure the prison-keeper, this munificent writ, wielded by an independent Judge, reaches all. It penetrates, alike the Royal Towers and the local prisons, from the garret to the secret recesses of the dungeon. All doors fly open at its command, and the shackles fall from the limbs of prisoners of State as readily as from those committed by subordinate officers. The warrant of the King, and his Secretary of State could claim no more exemption from that searching enquiry, “The cause of his caption and detention”, than a warrant [HC 5:225] granted by a Justice of the peace. It is contended that the , is a government of granted powers, and that no Department of it can exercise powers not granted. This is true. But the grant is to be found in the 2d section of the 3rd. article of the Constitution of the .
“The Judicial power shall extend to all cases in law or equity, arising under this Constitution the laws of the , and treaties made and which shall be made under this their Authority.” The matter under consideration presents a case arising under the 2nd. Section, 4th. article of the Constitution of the , and the act of Congress of February 12th. 1793. to carry it into effect. The Judiciary act of 1789 confers on this Court (indeed on all the Courts of the ,) power to issue the writ of Habeas Corpus, when a person is confined “under Color of or by the authority of the ! Smith is in custody under color of and by [blank] Authority of the 2nd. Section, 4th. article, of the— Constitution of the . As to the instrument employed or authorized to carry into effect that article of the Constitution (as he derives from it the Authority to issue the warrant,) he must be regarded as acting by the authority of <the> . The Power is not official in the Governor, but personal. It might have been granted to any one else by name, but considerations of convenience and policy recommended the selection of the Executive, who never dies. The Citizens of the States are citizens of the ; hence the are as much bound to afford them protection in their sphere, as the States are in in their’s. This Court has jurisdiction. Whether the State Courts have jurisdiction or not, this Court is not called upon to— decide. The return of the Sheriff shows that he has arrested and now holds in custody Joseph Smith, in virtue of a warrant issued by the of , under the 2nd. Section of the 4th. article of the Constitution of the , relative to fugitives from justice, and the act of Congress passed to carry it into effect. The article of the Constitution does not designate the person upon whom the demand for the fugitive shall be made; nor does it prescribe the proof upon which he shall act. But Congress has done so. The proof is “an— indictment or affidavit,” to be certified by the Governor demanding. The return brings before the Court the warrant, the demand and the Affidavit. The—— material part of the latter is in these words, viz:— “, who being duly sworn, doth depose and say, that on the night of the Sixth day of May, 1842, while sitting in his dwelling in the Town of , in the County of , he was shot with intent to kill, and that his life was despaired of for several days, and that he believes and has good reason to believe from evidence and information now in his possession, that Joseph Smith—— [p. 1439]