The Papers
Browse the PapersDocumentsJournalsAdministrative RecordsRevelations and TranslationsHistoriesLegal RecordsFinancial RecordsOther Contemporary Papers
Reference
PeoplePlacesEventsGlossaryLegal GlossaryFinancial GlossaryCalendar of DocumentsWorks CitedFeatured TopicsLesson PlansRelated Publications
Media
VideosPhotographsIllustrationsChartsMapsPodcasts
News
Current NewsArchiveNewsletterSubscribeJSP Conferences
About
About the ProjectJoseph Smith and His PapersFAQAwardsEndorsementsReviewsEditorial MethodNote on TranscriptionsNote on Images of People and PlacesReferencing the ProjectCiting This WebsiteProject TeamContact Us
Published Volumes
  1. Home > 
  2. The Papers > 
Introduction to J. Johnson v. Remonstrants Docket Entry, circa 5 April 1834 [J. Johnson v. Remonstrants] Application for Licenses, circa 5 April 1834 [J. Johnson v. Remonstrants]

Introduction to J. Johnson v. Remonstrants

Page

J. Johnson v. Remonstrants
Geauga Co., Ohio, Court of Common Pleas, 5 April 1834
 
Historical Introduction
In June 1833, the mercantile firm
N. K. Whitney & Co.

A partnership between Newel K. Whitney and Sidney Gilbert; later the branch of the United Firm responsible for overseeing the church’s mercantile endeavors in Kirtland, Ohio. In late 1826 or early 1827, Whitney and Gilbert established this partnership to ...

View Glossary
purchased a three-story brick
inn

Two-story building built by Peter French, 1827. First brick building in Kirtland. Common room had capacity for fifty people. Purchased by Church of Jesus Christ of Latter-day Saints, 1833. John Johnson Sr. was granted license to keep tavern or inn there, ...

More Info
located in
Kirtland Township

Located ten miles south of Lake Erie. Settled by 1811. Organized by 1818. Latter-day Saint missionaries visited township, early Nov. 1830; many residents joined Church of Jesus Christ of Latter-day Saints. Population in 1830 about 55 Latter-day Saints and...

More Info
, Ohio, on behalf of the
Church of Christ

The Book of Mormon related that when Christ set up his church in the Americas, “they which were baptized in the name of Jesus, were called the church of Christ.” The first name used to denote the church JS organized on 6 April 1830 was “the Church of Christ...

View Glossary
.
1

Staker, Hearken, O Ye People, 414–415.


Comprehensive Works Cited

Staker, Mark L. Hearken, O Ye People: The Historical Setting of Joseph Smith’s Ohio Revelations. Salt Lake City: Greg Kofford Books, 2009.

Following the destruction of the church’s printing operation in
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

More Info
in July 1833, the inn became the temporary location for a newly acquired printing press that continued publication of the church periodical, The Evening and the Morning Star.
2

Crawley, Descriptive Bibliography, 1:32–34.


Comprehensive Works Cited

Crawley, Peter. A Descriptive Bibliography of the Mormon Church. 3 vols. Provo, UT: Religious Studies Center, Brigham Young University, 1997–2012.

The church maintained ownership of the inn while granting
John Johnson

11 Apr. 1778–30 July 1843. Farmer, innkeeper. Born at Chesterfield, Cheshire Co., New Hampshire. Son of Israel Johnson and Abigail Higgins. Married Alice (Elsa) Jacobs, 22 June 1800. Moved to Pomfret, Windsor Co., Vermont, ca. 1803. Settled at Hiram, Portage...

View Full Bio
rights to oversee its operation.
3

Staker, Hearken, O Ye People, 414–416.


Comprehensive Works Cited

Staker, Mark L. Hearken, O Ye People: The Historical Setting of Joseph Smith’s Ohio Revelations. Salt Lake City: Greg Kofford Books, 2009.

In April 1834
Johnson

11 Apr. 1778–30 July 1843. Farmer, innkeeper. Born at Chesterfield, Cheshire Co., New Hampshire. Son of Israel Johnson and Abigail Higgins. Married Alice (Elsa) Jacobs, 22 June 1800. Moved to Pomfret, Windsor Co., Vermont, ca. 1803. Settled at Hiram, Portage...

View Full Bio
applied to the Court of Common Pleas in
Geauga County

Located in northeastern Ohio, south of Lake Erie. Rivers in area include Grand, Chagrin, and Cuyahoga. Settled mostly by New Englanders, beginning 1798. Formed from Trumbull Co., 1 Mar. 1806. Chardon established as county seat, 1808. Population in 1830 about...

More Info
, Ohio, for a license to operate a tavern.
4

See An Act Granting Licenses and Regulating Taverns [3 Mar. 1831], Statutes of the State of Ohio [1840–1841], pp. 898–899, sec. 2.


Comprehensive Works Cited

Statutes of the State of Ohio, of a General Nature, in Force, December 7, 1840; Also, the Statutes of a General Nature, Passed by the General Assembly at Their Thirty-Ninth Session, Commencing December 7, 1840. Columbus, OH: Samuel Medary, 1841.

His application was challenged by a
remonstrance

In Ohio law, a remonstrance was a statement of opposition from “ten or more reputable freeholders, residing in the neighborhood.”

View Glossary
. Johnson also needed to demonstrate through one or more witnesses that the tavern was necessary “for the public convenience” and that he had “a good moral character” and “suitable accommodations.”
5

An Act Granting Licenses and Regulating Taverns [3 Mar. 1831], Statutes of the State of Ohio [1840–1841], p. 899, sec. 3.


Comprehensive Works Cited

Statutes of the State of Ohio, of a General Nature, in Force, December 7, 1840; Also, the Statutes of a General Nature, Passed by the General Assembly at Their Thirty-Ninth Session, Commencing December 7, 1840. Columbus, OH: Samuel Medary, 1841.

JS and John Johnson Jr. apparently supplied such testimony;
6

Application for Licenses, ca. 5 Apr. 1834 [J. Johnson v. Remonstrants].


JS’s journal noted that on Saturday, 5 April, JS “returned to
Chardon

Located eight miles south of Lake Erie and immediately east of Kirtland Township. Settled by 1812. Included village of Chardon. Population of township in 1820 about 430; in 1830 about 880; and in 1840 about 1,100. Two of JS’s sisters resided in township. ...

More Info
as witness for fath[er] [John] Johnson.”
7

JS, Journal, 2–5 Apr. 1834.


After hearing the evidence for and against the application, the court ruled in favor of
Johnson

11 Apr. 1778–30 July 1843. Farmer, innkeeper. Born at Chesterfield, Cheshire Co., New Hampshire. Son of Israel Johnson and Abigail Higgins. Married Alice (Elsa) Jacobs, 22 June 1800. Moved to Pomfret, Windsor Co., Vermont, ca. 1803. Settled at Hiram, Portage...

View Full Bio
and set the license fee at six dollars.
8

Ohio law granted the court discretion to set a fee between five and fifty dollars per year. (An Act Granting Licenses and Regulating Taverns [3 Mar. 1831], Statutes of the State of Ohio [1840–1841], p. 899, sec. 4.)


Comprehensive Works Cited

Statutes of the State of Ohio, of a General Nature, in Force, December 7, 1840; Also, the Statutes of a General Nature, Passed by the General Assembly at Their Thirty-Ninth Session, Commencing December 7, 1840. Columbus, OH: Samuel Medary, 1841.

The statute then required the clerk of the court to provide the applicant with a certificate, which was taken to the county treasurer, who was authorized to receive payment of the licensing fee. After payment, the treasurer provided a receipt of payment, which entitled the applicant to receive “a license under the seal of the court.”
9

An Act Granting Licenses and Regulating Taverns [3 Mar. 1831], Statutes of the State of Ohio [1840–1841], p. 899, sec. 4.


Comprehensive Works Cited

Statutes of the State of Ohio, of a General Nature, in Force, December 7, 1840; Also, the Statutes of a General Nature, Passed by the General Assembly at Their Thirty-Ninth Session, Commencing December 7, 1840. Columbus, OH: Samuel Medary, 1841.

None of these documents is extant.
 
Calendar of Documents
This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court. Where a version of a document was subsequently filed with another court, that version is listed under both courts.
 

1834 (4)

March (1)

Ca. March 1834

Remonstrance, Geauga Co., OH

  • Ca. Mar. 1834. Not extant.
    1

    The docket entry for the hearing refers to “remonstrants,” providing evidence that John Johnson’s opponents filed a written remonstrance as the law required.


April (3)

Ca. 5 April 1834

Docket Entry, Chardon, Geauga Co., OH

  • Ca. 5 Apr. 1834; Geauga County Court of Common Pleas, Journal, vol. M, p. 182, Geauga County Archives and Records Center, Chardon, OH; handwriting of David D. Aiken.
Ca. 5 April 1834

Application for Licenses, Chardon, Geauga Co., OH

  • Ca. 5 Apr. 1834; Geauga County Court of Common Pleas, Journal, vol. M, p. 184, Geauga County Archives and Records Center, Charon, OH; handwriting of David D. Aiken.
After ca. 5 April 1834

License, for John Johnson Sr., Geauga Co., OH

  • After ca. 5 Apr. 1834. Not extant.
    1

    See Docket Entry, ca. 5 Apr. 1834 [J. Johnson v. Remonstrants]; and Application for Licenses, ca. 5 Apr. 1834 [J. Johnson v. Remonstrants].


View entire transcript

|

Cite this page

Source Note

Document Transcript

Page

Document Information

Related Case Documents
Editorial Title
Introduction to J. Johnson v. Remonstrants
ID #
13298
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      Staker, Hearken, O Ye People, 414–415.

      Staker, Mark L. Hearken, O Ye People: The Historical Setting of Joseph Smith’s Ohio Revelations. Salt Lake City: Greg Kofford Books, 2009.

    2. [2]

      Crawley, Descriptive Bibliography, 1:32–34.

      Crawley, Peter. A Descriptive Bibliography of the Mormon Church. 3 vols. Provo, UT: Religious Studies Center, Brigham Young University, 1997–2012.

    3. [3]

      Staker, Hearken, O Ye People, 414–416.

      Staker, Mark L. Hearken, O Ye People: The Historical Setting of Joseph Smith’s Ohio Revelations. Salt Lake City: Greg Kofford Books, 2009.

    4. [4]

      See An Act Granting Licenses and Regulating Taverns [3 Mar. 1831], Statutes of the State of Ohio [1840–1841], pp. 898–899, sec. 2.

      Statutes of the State of Ohio, of a General Nature, in Force, December 7, 1840; Also, the Statutes of a General Nature, Passed by the General Assembly at Their Thirty-Ninth Session, Commencing December 7, 1840. Columbus, OH: Samuel Medary, 1841.

    5. [5]

      An Act Granting Licenses and Regulating Taverns [3 Mar. 1831], Statutes of the State of Ohio [1840–1841], p. 899, sec. 3.

      Statutes of the State of Ohio, of a General Nature, in Force, December 7, 1840; Also, the Statutes of a General Nature, Passed by the General Assembly at Their Thirty-Ninth Session, Commencing December 7, 1840. Columbus, OH: Samuel Medary, 1841.

    6. [6]

      Application for Licenses, ca. 5 Apr. 1834 [J. Johnson v. Remonstrants].

    7. [7]

      JS, Journal, 2–5 Apr. 1834.

    8. [8]

      Ohio law granted the court discretion to set a fee between five and fifty dollars per year. (An Act Granting Licenses and Regulating Taverns [3 Mar. 1831], Statutes of the State of Ohio [1840–1841], p. 899, sec. 4.)

      Statutes of the State of Ohio, of a General Nature, in Force, December 7, 1840; Also, the Statutes of a General Nature, Passed by the General Assembly at Their Thirty-Ninth Session, Commencing December 7, 1840. Columbus, OH: Samuel Medary, 1841.

    9. [9]

      An Act Granting Licenses and Regulating Taverns [3 Mar. 1831], Statutes of the State of Ohio [1840–1841], p. 899, sec. 4.

      Statutes of the State of Ohio, of a General Nature, in Force, December 7, 1840; Also, the Statutes of a General Nature, Passed by the General Assembly at Their Thirty-Ninth Session, Commencing December 7, 1840. Columbus, OH: Samuel Medary, 1841.

    © 2024 by Intellectual Reserve, Inc. All rights reserved.Terms of UseUpdated 2021-04-13Privacy NoticeUpdated 2021-04-06