Introduction to Johnson v. Remonstrants

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Introduction to Johnson v. Remonstrants Docket Entry, circa 5 April 1834 [Johnson v. Remonstrants] Application for Licenses, circa 5 April 1834 [Johnson v. Remonstrants]
Introduction to Johnson v. Remonstrants
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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 ...
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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, ...
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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...
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, 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...
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.
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 ...
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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.
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...
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rights to oversee its operation.
3

In April 1834
Johnson
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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...
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, 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.
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.”
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. 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.
JS and John Johnson Jr. apparently supplied such testimony;
6
Application for Licenses, ca. 5 Apr. 1834 [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. ...
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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
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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.)
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
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 [Johnson v. Remonstrants]; and Application for Licenses, ca. 5 Apr. 1834 [Johnson v. Remonstrants].

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Footnotes
[1]
[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]
[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.
[5]
[6]
Application for Licenses, ca. 5 Apr. 1834 [Johnson v. Remonstrants].
[7]
JS, Journal, 2–5 Apr. 1834.
[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.)
[9]