Appendix 3: Willard Richards, Journal Excerpt, 23–27 June 1844
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Source Note
, Journal Excerpt, 23–27 June 1844; handwriting of ; nineteen pages; in Willard Richards, Journal, CHL. Portions of some entries were written in pencil before they were overwritten in ink.
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Historical Introduction
JS’s journal, kept by , ended with the entry of 22 June 1844, just before JS left , Illinois, in company with Richards, , and . Richards, who remained with JS until the moment of JS’s death on 27 June, evidently left JS’s journal in Nauvoo when the four men departed for , Illinois. Richards, however, recorded in his own journal many of the events of the last five days of JS’s life. These events include JS’s arrival on the bank in on the morning of 23 June and his trip to Carthage, during which JS and Hyrum gave themselves up to authorities on the charge of treason. Richards’s journal also recounts JS’s activities in Carthage during the days preceding his and Hyrum’s deaths. The material Richards recorded in his own journal during this time is in the same format and style as the record he had been keeping for JS. Richards’s hasty, terse notations and precise attention to details—illustrated by his practice of recording the specific times events occurred—indicate that he continuously carried his journal with him and recorded many of the events as he witnessed them, possibly with the intention of using the record to fill in JS’s journal at a later date. Richards’s journal entries for 23–27 June 1844 provide a contemporaneous firsthand account of JS’s activities during the last five days of his life, and they are reproduced here in full. Richards first inscribed portions of these entries in pencil and then rewrote them in ink. In a few cases, while overwriting, he skipped or altered the original penciled text. The transcription here reproduces the final ink version and does not capture the slight variations in the penciled text.
Footnotes
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1
For additional details on the events leading to the deaths of JS and Hyrum Smith, see Oaks and Hill, Carthage Conspiracy.
Oaks, Dallin H., and Marvin S. Hill. Carthage Conspiracy: The Trial of the Accused Assassins of Joseph Smith. Urbana: University of Illinois Press, 1975.
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1
Document Transcript
Footnotes
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1
According to the compilers of JS’s history, JS, Hyrum Smith, Willard Richards, and Orrin Porter Rockwell left Nauvoo at about two o’clock in the morning and crossed the Mississippi River into Iowa Territory in a boat belonging to Aaron Johnson. Rockwell started back for Nauvoo soon after, while JS, Hyrum, and Richards went to the house of John Killian. Finding Killian away, the three men went to William Jordan’s home. (JS History, vol. F-1, 147.)
JS History / Smith, Joseph, et al. History, 1838–1856. Vols. A-1–F-1 (original), A-2–E-2 (fair copy). Historian’s Office, History of the Church, 1839–ca. 1882. CHL. CR 100 102, boxes 1–7. The history for the period after 5 Aug. 1838 was composed after the death of Joseph Smith.
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2
This was probably the 23 June letter JS wrote to Emma Smith in which he told her of several people who had money of his and gave her permission to sell “the Quincy Property” and other property to support herself, their children, and his mother. Regarding his own plans, JS wrote, “I do not know where I shall go, or what I shall do, but shall if possible endeavor to get to the city of Washington.” JS closed by asking Emma to inform him if she decided to go to Kirtland, Ohio, or Cincinnati and to help Willard Richards’s family if possible. (JS, “Safety,” IA, to Emma Smith, Nauvoo, IL, 23 June 1844, copy, JS Collection, CHL.)
Smith, Joseph. Collection, 1827–1846. CHL. MS 155.
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3
The day before, Illinois governor Thomas Ford sent a letter to JS condemning the destruction of the Nauvoo Expositor press and calling for those involved to stand trial before Thomas Morrison at Carthage. JS responded that he and the others were willing to stand trial but that they feared they would be killed if they went to Carthage. Bernhisel, however, left for Carthage on 21 June and spoke with the captain of the posse that Ford had assembled to arrest the accused. The captain gave an “explanation . . . which softened the subject matter” of Ford’s letter and gave JS and Hyrum Smith “greater assurance of protection” if they were to go to Carthage. After hearing Bernhisel’s report, JS and Hyrum proposed in a letter to Ford that he and the posse meet them and their witnesses “at or near the Mound, at or about two oclock tomorrow afternoon” and escort them into Carthage for trial. This mound was located about five miles east of Nauvoo. (Editorial Note following 22 June 1844 entry in JS, Journal; JS, Journal, 21 June 1844; JS and Hyrum Smith, “Bank of the River Mississippi,” IL, to Thomas Ford, Carthage, IL, 23 June 1844, copy, JS Collection, CHL; see also JS, Journal, 14 June 1842.)
Smith, Joseph. Collection, 1827–1846. CHL. MS 155.
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4
According to William Clayton, JS and “those with him” had returned to Nauvoo around five o’clock in the evening on 23 June. Clayton also noted on 23 June that “preparations are making to get an early start in the morning.” Though JS had originally proposed to meet Ford at the mound in the afternoon on 24 June, contemporary letters indicate that by the evening of 23 June JS was instead planning to meet Ford’s posse at the mound sometime in the morning. At some point, however, the plan to meet Ford or his posse at the mound was abandoned entirely. According to the compilers of JS’s history, Ford initially agreed to escort JS to Carthage from the mound, but after talking with Wilson Law, Joseph H. Jackson, and a “Mr. Skinner,” he decided against it on the grounds that “it was an honor not given to any other citizen.” News of the governor’s refusal did not reach Nauvoo until about four o’clock in the morning. JS left Nauvoo accompanied by the seventeen other men accused of riot and by “some ten or twelve others,” including Willard Richards, Dan Jones, Henry G. Sherwood, Cyrus Wheelock, and JS’s legal counsel James Woods. (Clayton, Journal, 23 and 24 June 1844; JS, Nauvoo, IL, to Henry T. Hugins, 23 June 1844, copy; JS, Nauvoo, IL, to Joseph Wakefield, 23 June 1844, copy, JS Collection, CHL; JS, Carthage, IL, to Edward Johnston, Fort Madison, Iowa Territory, 23 June 1844, private possession, copy in CHL; JS, “Bank of the River Mississippi,” IL, to Thomas Ford, Carthage, IL, 23 June 1844, JS Collection, CHL; Vilate Murray Kimball, Nauvoo, IL, to Heber C. Kimball, Baltimore, 9 and 24 June 1844, Kimball Family Correspondence, CHL; “Awful Assassination of Joseph and Hyrum Smith,” Times and Seasons, 1 July 1844, 5:560; JS History, vol. F-1, 149, 151.)
Clayton, William. Journals, 1842–1845. CHL.
Smith, Joseph. Collection, 1827–1846. CHL. MS 155.
Smith, Joseph. Letter, Nauvoo, IL, to Edward Johnston, Fort Madison, Iowa Territory, 23 June 1844. Private possession. Copy at CHL. MS 17391.
Kimball Family Correspondence, 1838–1871. CHL. MS 6241.
Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.
JS History / Smith, Joseph, et al. History, 1838–1856. Vols. A-1–F-1 (original), A-2–E-2 (fair copy). Historian’s Office, History of the Church, 1839–ca. 1882. CHL. CR 100 102, boxes 1–7. The history for the period after 5 Aug. 1838 was composed after the death of Joseph Smith.
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5
Dunn was accompanied by a cavalry of about sixty men. Ford’s order was addressed to JS, lieutenant general of the Nauvoo Legion, Jonathan Dunham, acting major general of the legion, and “all Commissioned and Non Commisioned Officers and privates of the Nauvoo Legion.” JS and the others were “ordered and directed to deliver to Col James E. Dunn” the arms that had earlier been supplied to the Nauvoo Legion by the state. In the extant portion of the order, “three peices of Cannon, with the carriages and other appendages” are mentioned specifically. Ford later wrote that he learned of the cannons through Wilson Law. Ford also wrote that he demanded the state arms “because the legion was illegally used in the destruction of the press, and in enforcing martial law in the city, in open resistance to legal process, and the posse comitatus” and because of “the great prejudice and excitement which the possession of these arms by the Mormons had always kindled in the minds of the people.” On the back of Ford’s order, JS directed Dunham and the others “to comply strictly and without delay with the within order of Gov. Thomas Ford—Commander in chief.” (“Awful Assassination of Joseph and Hyrum Smith,” Times and Seasons, 1 July 1844, 5:560; “Statement of Facts,” Times and Seasons, 1 July 1844, 5:563; Thomas Ford, Carthage, IL, to JS et al., 24 June 1844, CHL; Ford, History of Illinois, 336; JS, “Prairie 4 miles W Carthage,” IL, to Jonathan Dunham, Nauvoo, IL, 24 June 1844, appended to Thomas Ford, Carthage, IL, to JS et al., 24 June 1844, JS Collection, CHL.)
Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.
Smith, Joseph. Collection, 1827–1846. CHL. MS 155.
Ford, Thomas. A History of Illinois, from Its Commencement as a State in 1818 to 1847. Containing a Full Account of the Black Hawk War, the Rise, Progress, and Fall of Mormonism, the Alton and Lovejoy Riots, and Other Important and Interesting Events. Chicago: S. C. Griggs; New York: Ivison and Phinney, 1854.
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6
At the time he countersigned the order, JS wrote the governor that he would return with Dunn to Nauvoo to ensure that Ford’s order was carried out “properly and without trouble to the state.” William Clayton, who noted that JS and his party returned to Nauvoo at Dunn’s request, wrote that upon arriving in Nauvoo at two thirty in the afternoon, JS “immediately issued orders to have the State arms Collected and taken to the Masonic Hall without delay.” According to Clayton, “Many of the brethren looked upon this as another preparation for a Missouri massacre” and “very unwillingly gave up the arms.” Ford later wrote that the three cannons and 220 (of an expected 250) small arms were surrendered. (JS, “Four Miles West Carthage,” IL, to Thomas Ford, Carthage, IL, 24 June 1844, JS Collection, CHL; Clayton, Journal, 24 June 1844; Message of the Governor of the State of Illinois, 10–11.)
Smith, Joseph. Collection, 1827–1846. CHL. MS 155.
Clayton, William. Journals, 1842–1845. CHL.
Message of the Governor of the State of Illinois, in Relation to the Disturbances in Hancock County, December, 21, 1844. Springfield, IL: Walters and Weber, 1844.
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7
William Clayton wrote that before leaving Nauvoo, JS “rode down home to bid his family farewell. He appeared to feel solemn & though[t]ful and from expressions made to several individuals, he expects nothing but to be massacred. This he expressed before he returned from over the river but their appearing no alternative but he must either give himself up or the City be massacred by a lawless mob under the sanction of the Governor.” A later account quotes JS as saying, “I am going like a lamb to the slaughter; but I am calm as a summer’s morning; I have a conscience void of offense towards God, and towards all men—I shall die innocent, and it shall yet be said of me, he was murdered in cold blood.” (Clayton, Journal, 24 June 1844; Doctrine and Covenants 111:4, 1844 ed. [D&C 135:4].)
Clayton, William. Journals, 1842–1845. CHL.
The Doctrine and Covenants of the Church of Jesus Christ of Latter Day Saints; Carefully Selected from the Revelations of God. Compiled by Joseph Smith. 2nd ed. Nauvoo, IL: John Taylor, 1844. Selections also available in Robin Scott Jensen, Richard E. Turley Jr., Riley M. Lorimer, eds., Revelations and Translations, Volume 2: Published Revelations. Vol. 2 of the Revelations and Translations series of The Joseph Smith Papers, edited by Dean C. Jessee, Ronald K. Esplin, and Richard Lyman Bushman (Salt Lake City: Church Historian’s Press, 2011).
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8
Fellows later recalled that JS and his party “stop[p]ed about half an hour” and “took supper principally of provisions brought with them but little conversation occurred.” (Albert G. Fellows, “Historical Item 24 June 1844,” 30 Nov. 1854, Historian’s Office, JS History Documents, ca. 1839–1860, CHL.)
Historian’s Office. Joseph Smith History Documents, 1839–1860. CHL. CR 100 396.
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9
JS and his party spent the night at Artois Hamilton’s hotel in Carthage. Cyrus Wheelock later recalled that as they passed the public square, members of the Carthage Greys and other militia units threatened and taunted them. The crowd dispersed, Wheelock reported, after Ford called from a window that he would have JS “pass before the troops upon the Square” in the morning. (Clayton, Journal, 24 June 1844; “Awful Assassination of Joseph and Hyrum Smith,” Times and Seasons, 1 July 1844, 5:560; Cyrus Wheelock, London, England, to George A. Smith, 29 Dec. 1854, JS History Documents, ca. 1839–1860, CHL.)
Clayton, William. Journals, 1842–1845. CHL.
Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.
Historian’s Office. Joseph Smith History Documents, 1839–1860. CHL. CR 100 396.
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10
A prominent resident of Quincy, Flood had served as a clerk and representative in the Illinois state legislature and was reappointed in 1843 as the registrar of the land office in Quincy. At this time he was also the colonel commanding the Quincy Riflemen. (Emmerson, Blue Book of the State of Illinois, 617, 618, 620; “Appointments by the President,” New World [New York City], 11 Feb. 1843, 6:186; Record of the Proceedings of the Quincy Riflemen, 1843–1844, vol. 1, p. 58, 28 June 1844, in Records, Reports, vols. 1–2, & Roster on Loose Papers, 1843–1847, microfilm, 1,863,526, U.S. and Canada Record Collection, FHL; see also Asbury, Reminiscences of Quincy, Illinois, 42–43.)
Emmerson, Louis L., ed. Blue Book of the State of Illinois, 1919–1920. Springfield, IL: Illinois State Journal Co., 1919.
New World. New York City. 1840–1845.
U.S. and Canada Record Collection. FHL.
Asbury, Henry. Reminiscences of Quincy, Illinois, Containing Historical Events, Anecdotes, Matters concerning Old Settlers and Old Times, Etc. Quincy, IL: D. Wilcox and Sons, 1882.
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11
Hugh Reid later wrote that shortly before these arrests, JS, Hyrum, and their companions had “voluntarily surrendered themselves” to Bettisworth on the charge of committing a riot during the destruction of the Nauvoo Expositor press. James Woods, however, wrote that the arrests for treason were made at the same time JS and the others surrendered themselves on the riot charge.a Bettisworth was the original arresting officer in the riot case.b Spencer and Norton had testified before Hancock County justice of the peace Robert Smith that on about 19 June, JS and Hyrum “commit[ted] the crime of treason against the government and people of the State of Illinois.” Robert Smith had issued the writs for JS’s and Hyrum’s arrests on 24 June.c According to a letter JS wrote to Emma Smith later on 25 June, he and Hyrum were “arrested for Treason because we called out the Nauvoo Legion”—a probable reference to when JS placed Nauvoo under martial law on 18 June.d According to Thomas Ford’s later account, “the overt act of treason charged against them consisted in the alleged levying of war against the State by declaring martial law in Nauvoo, and in ordering out the legion to resist the posse comitatus.”e JS and Hyrum were held without bail because Illinois law stated that “no Justice of the peace shall admit to bail any person or persons charged with treason.”f
(a“Statement of Facts,” Times and Seasons, 1 July 1844, 5:561, 563.bJS, Journal, 12 and 13 June 1844.cWrit for Hyrum Smith, Hancock Co., IL, 24 June 1844, State of Illinois v. Smith [J.P. Ct. 1844], JS Office Papers, CHL; Writ for JS, Hancock Co., IL, 24 June 1844, State of Illinois v. JS for Treason [J.P. Ct. 1844], JS Collection, CHL.dJS, Carthage, IL, to Emma Smith, [Nauvoo, IL], 25 June 1844, copy, JS Collection, CHL; JS, Journal, 18 June 1844.eFord, History of Illinois, 337, italics in original.fAn Act to Regulate the Apprehension of Offenders, and for Other Purposes [6 Jan. 1827], Laws of the State of Illinois [1834–1837], p. 238, sec. 3.)Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.
JS Office Papers / Joseph Smith Office Papers, ca. 1835–1845. CHL. MS 21600.
Smith, Joseph. Collection, 1827–1846. CHL. MS 155.
Ford, Thomas. A History of Illinois, from Its Commencement as a State in 1818 to 1847. Containing a Full Account of the Black Hawk War, the Rise, Progress, and Fall of Mormonism, the Alton and Lovejoy Riots, and Other Important and Interesting Events. Chicago: S. C. Griggs; New York: Ivison and Phinney, 1854.
Laws of the State of Illinois, Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835. Vandalia, IL: J. Y. Sawyer, 1835.
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12
Illinois governor Thomas Ford.
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13
Carthage Greys, the Illinois militia unit based at Carthage.
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14
According to Thomas Ford, JS and Hyrum were shown to the McDonough troops “at the urgent request of the troops themselves, to gratify their curiosity in beholding persons who had made themselves so notorious in the county.” (Ford, History of Illinois, 343.)
Ford, Thomas. A History of Illinois, from Its Commencement as a State in 1818 to 1847. Containing a Full Account of the Black Hawk War, the Rise, Progress, and Fall of Mormonism, the Alton and Lovejoy Riots, and Other Important and Interesting Events. Chicago: S. C. Griggs; New York: Ivison and Phinney, 1854.
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15
According to the compilers of JS’s history, during this conversation, Thomas Ford “again pledged the faith of the State that he [JS] and his friends should be protected from violence.” (JS History, vol. F-1, 156, underlining in original.)
JS History / Smith, Joseph, et al. History, 1838–1856. Vols. A-1–F-1 (original), A-2–E-2 (fair copy). Historian’s Office, History of the Church, 1839–ca. 1882. CHL. CR 100 102, boxes 1–7. The history for the period after 5 Aug. 1838 was composed after the death of Joseph Smith.
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16
Probably Chauncey Robison, postmaster at Carthage. Alternatively, this name may refer to George W. Robinson, son-in-law of the current acting Nauvoo postmaster, Sidney Rigdon. Robinson officially became postmaster for Nauvoo on 2 September 1844. (U.S. Post Office Department, Record of Appointment of Postmasters, reel 28, vol. 12B, p. 514.)
U.S. Post Office Department. Records of Appointment of Postmasters, Oct. 1789–1832. National Archives Microfilm Publications, microcopy M1131, reel 4. Washington DC: National Archives, 1980.
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17
The Carthage Greys were serving as a guard. (Gregg, History of Hancock County, 372–373; Ford, History of Illinois, 343.)
Gregg, Thomas. History of Hancock County, Illinois, Together with an Outline History of the State, and a Digest of State Laws. Chicago: Charles C. Chapman, 1880.
Ford, Thomas. A History of Illinois, from Its Commencement as a State in 1818 to 1847. Containing a Full Account of the Black Hawk War, the Rise, Progress, and Fall of Mormonism, the Alton and Lovejoy Riots, and Other Important and Interesting Events. Chicago: S. C. Griggs; New York: Ivison and Phinney, 1854.
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18
Because most of this entry appears in chronological order, Richards likely intended to write “10” instead of “12.” JS later wrote to Emma Smith that “Gov. Ford introduced myself & Hyrum to The Malatia, in a very appropriate manner as Gen. Joseph Smith and General Hyrum Smith.” (JS, Carthage, IL, to Emma Smith, [Nauvoo, IL], 25 June 1844, copy, JS Collection, CHL, underlining in original.)
Smith, Joseph. Collection, 1827–1846. CHL. MS 155.
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19
Probably James Woods, JS’s legal counsel.
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20
These two rooms were probably in Artois Hamilton’s hotel in which members of JS’s party were staying. (Stephen C. Perry, Las Vegas, NV, to George A. Smith, 28 Aug. 1855, Historian’s Office, JS History Documents, ca. 1839–1860, CHL.)
Historian’s Office. Joseph Smith History Documents, 1839–1860. CHL. CR 100 396.
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21
The Carthage Greys, who had served as an escort or guard when JS and Hyrum passed before the McDonough troops, reportedly objected to the introduction of JS and Hyrum as generals. “Not satisfied to be made an escort to such a display,” Thomas Gregg later explained, the Greys “finally gave vent to their feelings by hisses and groans.” According to Thomas Ford, the Greys thought they were being used as a “triumphal escort” for the prisoners rather than as a guard and also “entertained a very bad feeling” toward General Deming. Once the Greys understood “the true motive in showing the prisoners to the troops,” Ford reported, “they cheerfully returned to their duty.” Ford, Deming, and Franklin Worrell vigorously denied reports that Deming had ordered the Greys to be arrested before peace was restored. (Gregg, History of Hancock County, 372–373; Ford, History of Illinois, 343; “Awful Assassination of Joseph and Hyrum Smith,” Times and Seasons, 1 July 1844, 5:560; Miner Deming, Carthage, IL, 30 June 1844, Letter to the Editor, Warsaw [IL] Signal, 24 July 1844, [1]; “For the Warsaw Signal,” Warsaw Signal, 24 July 1844, [1].)
Gregg, Thomas. History of Hancock County, Illinois, Together with an Outline History of the State, and a Digest of State Laws. Chicago: Charles C. Chapman, 1880.
Ford, Thomas. A History of Illinois, from Its Commencement as a State in 1818 to 1847. Containing a Full Account of the Black Hawk War, the Rise, Progress, and Fall of Mormonism, the Alton and Lovejoy Riots, and Other Important and Interesting Events. Chicago: S. C. Griggs; New York: Ivison and Phinney, 1854.
Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.
Warsaw Signal. Warsaw, IL. 1841–1853.
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22
Probably either William Prentiss or Lyman Prentis. William Prentiss was the United States marshal for the district of Illinois from 1841 to 1844 and had met JS in Springfield in December 1842 and January 1843. Lyman Prentis of Warsaw was reportedly in Carthage at this time. (JS, Journal, 31 Dec. 1842; 2–4 Jan. 1843; Writ of Habeas Corpus, 31 Dec. 1842; “Prentiss, William”; Jacob B. Backenstos, “Names of Carthage Greys & Mobbers,” 1846, Historian’s Office, JS History Documents, ca. 1839–1860, CHL.)
Historian’s Office. Joseph Smith History Documents, 1839–1860. CHL. CR 100 396.
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23
William and Wilson Law and Chauncey L. and Francis M. Higbee.
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24
According to William Clayton, residents in Nauvoo at the time “generally believed that the mob intends to make a run on us in the night.” In addition, Clayton reported that a letter found in Francis M. Higbee’s hat spoke of an attack from Iowa Territory planned for the night of 25 June. (Clayton, Journal, 25 June 1844.)
Clayton, William. Journals, 1842–1845. CHL.
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25
Willard Richards’s letter to his wife has not been located.
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26
Thomas Ford later dispatched to Nauvoo a company of sixty men under the command of Captain James Singleton. The men were instructed, according to William Clayton, “to protect the City in case a mob should come with orders to command our police and use such other measures as he might consider necessary.” Having heard of Ford’s plan, JS wrote Emma Smith that he wished the men “may be kindly treated. They will cooperate with the police to keep the peace.” The Nauvoo police met with Singleton at eight o’clock the following morning and voted unanimously to obey his order from Ford “to come to Nauvoo & preserve the peace.” Singleton and his men remained in Nauvoo until the evening of 27 June. (Gregg, History of Hancock County, 348; Thomas Ford, “To the People of the State of Illinois,” Times and Seasons, 1 July 1844, 5:564; JS, Carthage, IL, to Emma Smith, [Nauvoo, IL], 25 June 1844, copy, JS Collection, CHL; Clayton, Journal, 26 and 27 June 1844; see also “To the Public,” Sangamo Journal [Springfield, IL], 9 Jan. 1845, 3.)
Gregg, Thomas. History of Hancock County, Illinois, Together with an Outline History of the State, and a Digest of State Laws. Chicago: Charles C. Chapman, 1880.
Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.
Smith, Joseph. Collection, 1827–1846. CHL. MS 155.
Clayton, William. Journals, 1842–1845. CHL.
Sangamo Journal. Springfield, IL. 1831–1847.
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27
Possibly Robert Ayers. (Gregg, History of Hancock County, 627; 1840 U.S. Census, Hancock Co., IL, 214[B].)
Gregg, Thomas. History of Hancock County, Illinois, Together with an Outline History of the State, and a Digest of State Laws. Chicago: Charles C. Chapman, 1880.
Census (U.S.) / U.S. Bureau of the Census. Population Schedules. Microfilm. FHL.
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28
The compilers of JS’s history expanded this passage to read, “Report came to Joseph that William and Wilson Law, Robert D. Foster, Chauncey L. Higbee, and Francis M. Higbee had said that there was nothing against these men; the law could not reach them, but powder and ball would, and they should not go out of Carthage alive.” (JS History, vol. F-1, 158, underlining in original.)
JS History / Smith, Joseph, et al. History, 1838–1856. Vols. A-1–F-1 (original), A-2–E-2 (fair copy). Historian’s Office, History of the Church, 1839–ca. 1882. CHL. CR 100 102, boxes 1–7. The history for the period after 5 Aug. 1838 was composed after the death of Joseph Smith.
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29
“Awful Assassination of Joseph and Hyrum Smith,” Times and Seasons, 1 July 1844, 5:560; “Statement of Facts,” Times and Seasons, 1 July 1844, 5:564; see also Dan Jones, “The Martyrdom of Joseph Smith and His Brother, Hyrum!,” in Dennis, “Martyrdom of Joseph Smith and His Brother Hyrum,” 87.
Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.
Dennis, Ronald D. “The Martyrdom of Joseph Smith and His Brother Hyrum.” BYU Studies 24 (Winter 1984): 78–109.
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30
Higbee was a prosecuting attorney in the case. The law Higbee read to support his motion to adjourn may have been “An Act Concerning Justices of the Peace and Constables,” section 8, which states that “previous to the commencement of any trial before a justice of the peace, either party may move to have such trial put off for a time not exceeding ten days, upon making proof, either upon his own oath, or that of a credible witness, that the said party cannot safely proceed to trial, on account of the absence of a material witness, or on account of any other cause or disability, which would prevent him from obtaining justice at such trial.” The affidavit to which Higbee referred may have offered the required “proof” that a key witness was unable to appear in court, or it may have been a missing key piece of evidence itself. (An Act Concerning Justices of the Peace and Constables [1 June 1827], Laws of the State of Illinois [1834–1837], p. 405.)
Laws of the State of Illinois, Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835. Vandalia, IL: J. Y. Sawyer, 1835.
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31
Willard Richards probably meant to here inscribe the name of James Woods, who, with Reid, was serving as counsel for the defendants.
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32
The law Reid read may have been “An Act to regulate the apprehension of offenders,” section 3, which states that before any judge in a criminal charge “shall commit such prisoner to jail, admit to bail, or discharge him or her from custody,” he must first “inquire into the truth or probability of the charge.” At this point in the proceedings, Reid, as counsel for the defense, apparently argued that the trial should proceed rather than adjourning (as adjournment would require that JS and the others continue to be incarcerated in Carthage) and releasing the prisoners on bail to appear at a later trial. Reid’s apparent resistance to the latter option seems based on his unwillingness to concede that a crime may have been committed, which the law required before bail could be set. (An Act to Regulate the Apprehension of Offenders, and for Other Purposes [1 July 1827], Laws of the State of Illinois [1834–1837], p. 238.)
Laws of the State of Illinois, Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835. Vandalia, IL: J. Y. Sawyer, 1835.
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33
At this point, the defense appears to have lifted its objection to posting bail. According to later accounts, “because of the rage of the rioters” and “in order to prevent if possible, any increase of excitement,” the defendants “chose to post bail . . . rather than go to the inquiry.” (Dan Jones, “The Martyrdom of Joseph Smith and His Brother, Hyrum!,” in Dennis, “Martyrdom of Joseph Smith and His Brother Hyrum,” 87; see also “Statement of Facts,” Times and Seasons, 1 July 1844, 5:562.)
Dennis, Ronald D. “The Martyrdom of Joseph Smith and His Brother Hyrum.” BYU Studies 24 (Winter 1984): 78–109.
Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.
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34
“An Act to regulate the apprehension of offenders” was part of Illinois’s criminal code. Reid may have been referring to a different law, or Willard Richards may have switched the order of “civil” and “criminal” as he recorded Reid’s statement. (An Act to Regulate the Apprehension of Offenders, and for Other Purposes [1 July 1827], Laws of the State of Illinois [1834–1837], p. 238.)
Laws of the State of Illinois, Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835. Vandalia, IL: J. Y. Sawyer, 1835.
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35
The court’s question was apparently an inquiry “into the truth or probability of the charge.” Both the defense and the prosecution conceded that a crime may have been committed. The defense’s concession of this point was a reversal of its earlier position but necessary if setting bail was to be allowed. (An Act to Regulate the Apprehension of Offenders, and for Other Purposes [1 July 1827], Laws of the State of Illinois [1834–1837], p. 238.)
Laws of the State of Illinois, Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835. Vandalia, IL: J. Y. Sawyer, 1835.
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Sixteen of the eighteen men who were charged with committing a riot are listed here. Samuel Bennett and William Edwards, whose names also appear on the original writ, are not listed. In order to supply the necessary sureties, John S. Fullmer wrote, “I went it to the full extent of my worth; so did others.” Five hundred dollars was more than twice the upper limit (two hundred dollars) of the fine that could be imposed on someone convicted of riot. (JS, Journal, 12 June 1844; Warrant for JS et al., 11 June 1844, copy, JS Collection, CHL; John S. Fullmer, Preston, England, to George A. Smith, 27 Nov. 1854, Historian’s Office, JS History Documents, ca. 1839–1860, CHL, underlining in original; An Act Relative to Criminal Jurisprudence [1 July 1833], Laws of the State of Illinois [1834–1837], p. 220.)
Smith, Joseph. Collection, 1827–1846. CHL. MS 155.
Historian’s Office. Joseph Smith History Documents, 1839–1860. CHL. CR 100 396.
Laws of the State of Illinois, Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835. Vandalia, IL: J. Y. Sawyer, 1835.
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The mittimus, signed by Justice of the Peace Robert Smith (who presided over the proceedings in which the bonds were taken in the riot case), justified incarcerating JS and Hyrum on the grounds that their trial for treason had to be postponed because material witnesses were absent. The mittimus commanded the jailor to receive JS and Hyrum into custody “in the jail . . . there to remain until discharged by due course of law.” (“Statement of Facts,” Times and Seasons, 1 July 1844, 5:562.)
Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.
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JS’s legal counsel Hugh Reid protested the mittimus on the grounds that its contents, “so far as they relate to the prisoners having been brought before the justice for trial, and it there appearing that the necessary witness of the prosecution were absent, is wholly untrue.” Rather, Reid reported, Robert Smith had adjourned his court after the bonds were received in the riot case “without calling on” JS and Hyrum Smith “to answer to the charge of treason, or even intimating to their counsel or the prisoners, that they were expected to enter into the examination that night.” Illinois law required judges in criminal cases to “inquire into the truth or probability of the charge” before committing to jail someone who had been charged with a crime. (“Statement of Facts,” Times and Seasons, 1 July 1844, 5:562, 564; An Act to Regulate the Apprehension of Offenders, and for Other Purposes [1 July 1827], Laws of the State of Illinois [1834–1837], p. 238.)
Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.
Laws of the State of Illinois, Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835. Vandalia, IL: J. Y. Sawyer, 1835.
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Woods had gone with Thomas Ford to Robert Smith, “who gave as a cause of issuing the warrant of committal, that the prisoners were not personally safe at the hotel” where they had been staying. According to Hugh Reid, Ford “did not think it within the sphere of his duty to interfere” with Smith’s mittimus. Ford later wrote that Smith and Bettisworth “were acting in a high and independent capacity, far beyond any legal power in me to control.” (James Woods, Hugh Reid, “Statement of Facts,” Times and Seasons, 1 July 1844, 5:562, 564; Ford, History of Illinois, 338.)
Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.
Ford, Thomas. A History of Illinois, from Its Commencement as a State in 1818 to 1847. Containing a Full Account of the Black Hawk War, the Rise, Progress, and Fall of Mormonism, the Alton and Lovejoy Riots, and Other Important and Interesting Events. Chicago: S. C. Griggs; New York: Ivison and Phinney, 1854.
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Dunn was accompanied by “some twenty men.” (“Statement of Facts,” Times and Seasons, 1 July 1844, 5:564.)
Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.
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41
Possibly Wall Southwick. (JS, Journal, 20 June 1844; Richards, Journal, 26 June 1844.)
Richards, Willard. Journals, 1836–1853. Willard Richards, Papers, 1821–1854. CHL. MS 1490, boxes 1–2.
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42
John S. Fullmer also accompanied JS and the others to jail, and Gilbert Belnap reported that he stayed with JS this night. (John S. Fullmer, Preston, England, to George A. Smith, Utah Territory, 27 Nov. 1854, Historian’s Office, JS History Documents, ca. 1839–1860, CHL; Belnap, Autobiography, chap. 8.)
Historian’s Office. Joseph Smith History Documents, 1839–1860. CHL. CR 100 396.
Belnap, Gilbert. Autobiography, 1856. CHL. MS 1633.
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43
Thomas Ford later wrote that JS and the others were transferred out of the cell “upon their remonstrance and request, and by my advice.” The debtors’ room was on the first floor of the building. (Ford, History of Illinois, 338; Stephen Markham, Fort Supply, Utah Territory, to Wilford Woodruff, 20 June 1856, Historian’s Office, JS History Documents, ca. 1839–1860, CHL.)
Ford, Thomas. A History of Illinois, from Its Commencement as a State in 1818 to 1847. Containing a Full Account of the Black Hawk War, the Rise, Progress, and Fall of Mormonism, the Alton and Lovejoy Riots, and Other Important and Interesting Events. Chicago: S. C. Griggs; New York: Ivison and Phinney, 1854.
Historian’s Office. Joseph Smith History Documents, 1839–1860. CHL. CR 100 396.
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44
No manuscript copy of the mittimus written in the hand of any of JS’s associates has been located. Hugh Reid included a transcript of it in his “Statement of Facts” published in the Times and Seasons. (“Statement of Facts,” Times and Seasons, 1 July 1844, 5:562.)
Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.
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45
Southwick could be the “Mr Southwick”—possibly Wall Southwick—from Louisiana who arrived in Nauvoo on 20 June. According to Markham, Southwick was “a Man from Taxes [Texas] Trying to get Joseph to go to Texas with the church.” (JS, Journal, 20 June 1844; Stephen Markham, Fort Supply, Utah Terrotory, to Wilford Woodruff, 20 June 1856, Historian’s Office, JS History Documents, ca. 1839–1860, CHL.)
Historian’s Office. Joseph Smith History Documents, 1839–1860. CHL. CR 100 396.
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46
Illinois governor Thomas Ford.
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47
According to the compilers of JS’s history, Wasson, Markham, and Jones went to Thomas Ford with messages. (JS History, vol. F-1, 162.)
JS History / Smith, Joseph, et al. History, 1838–1856. Vols. A-1–F-1 (original), A-2–E-2 (fair copy). Historian’s Office, History of the Church, 1839–ca. 1882. CHL. CR 100 102, boxes 1–7. The history for the period after 5 Aug. 1838 was composed after the death of Joseph Smith.
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48
According to the compilers of JS’s history, JS wanted his venue changed to Quincy. (JS History, vol. F-1, 162.)
JS History / Smith, Joseph, et al. History, 1838–1856. Vols. A-1–F-1 (original), A-2–E-2 (fair copy). Historian’s Office, History of the Church, 1839–ca. 1882. CHL. CR 100 102, boxes 1–7. The history for the period after 5 Aug. 1838 was composed after the death of Joseph Smith.
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49
“I would again solicit your Excellency for an interview,” JS wrote Thomas Ford, “having been much disappointed the past evening. . . . We have been committed under a false Mittimus and consequently the proceedings are illegal & we desire the time may be hastened when all things shall be made right & we relieved from this imprison[men]t.” (JS, Carthage, IL, to Thomas Ford, Carthage, IL, 26 June 1844, copy, JS Collection, CHL.)
Smith, Joseph. Collection, 1827–1846. CHL. MS 155.
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50
Probably Joseph H. Jackson.
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51
In his letter to Thomas Ford written earlier in the day, JS asked the governor to “send an answer per bearer.” Ford replied, “The interview will take place at my earliest leisure to day.” (Thomas Ford, Carthage, IL, to JS, Carthage, IL, 26 June 1844, appended to JS, Carthage, IL, to Thomas Ford, Carthage, IL, 26 June 1844, copy, JS Collection, CHL.)
Smith, Joseph. Collection, 1827–1846. CHL. MS 155.
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52
Probably David Greenleaf, an “old settler Democrat” who was serving as Hancock County probate judge. Thomas Gregg identified him as an early settler of St. Mary’s Township, Hancock County. JS’s history identifies him as “Justice Greenleaf, of Augusta, Hancock Co.” (Gregg, History of Hancock County, 299, 449, 578; JS History, vol. F-1, 162.)
Gregg, Thomas. History of Hancock County, Illinois, Together with an Outline History of the State, and a Digest of State Laws. Chicago: Charles C. Chapman, 1880.
JS History / Smith, Joseph, et al. History, 1838–1856. Vols. A-1–F-1 (original), A-2–E-2 (fair copy). Historian’s Office, History of the Church, 1839–ca. 1882. CHL. CR 100 102, boxes 1–7. The history for the period after 5 Aug. 1838 was composed after the death of Joseph Smith.
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53
A second, longer list of witnesses was made later in the day and offers clues to the identity of some of the men listed here. “Dr Lyon” may be the James H. Lyon of the second list; alternatively, it could be Windsor Lyon, a physician. “Samu[e]l” may be the Samuel Searles of the second list. The “Dr Williams” of both lists may be Abiathar Williams, who, like Merinus G. Eaton (whom Williams follows in each list), made an affidavit on 27 March 1844 detailing accusations of murder and the operations of the “spiritual wife system” he had heard about from dissidents in Nauvoo. (Willard Richards, List of Witnesses in Carthage and Nauvoo, 26 June 1844, JS Office Papers, CHL; JS, Journal, 24 Mar. 1844.)
JS Office Papers / Joseph Smith Office Papers, ca. 1835–1845. CHL. MS 21600.
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54
A later account by John S. Fullmer summarizes this meeting between JS and Thomas Ford and clarifies Willard Richards’s hastily written notes that follow. According to Fullmer, “Joseph related to him the origin of the difficulty—the facts relating to the ‘Expositor’ press,—the course of the City Council; the legality, as they thought, of their legislation; the pledges that he had made by letter and sent by express to his Excellency, to satisfy all legal claims, in case it should be shown that the Council had transcended legal bounds, &c. &c. And that the Legion had been called out for the protection of the City, while threatened with immediate hostilities by an infuriated mob and not for invasion; until his Excellency could afford relief &c. The Governor seemed to be satisfied that it was true—but did not interfere in the illegal imprisonment.” (John S. Fullmer, Preston, England, to George A. Smith, 27 Nov. 1854, Historian’s Office, JS History Documents, ca. 1839–1860, CHL.)
Historian’s Office. Joseph Smith History Documents, 1839–1860. CHL. CR 100 396.
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55
JS was arrested by Constable David Bettisworth on 12 June 1844 for committing a riot during the destruction of the Nauvoo Expositor press on 10 June. (JS, Journal, 10 and 12 June 1844.)
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56
On the advice of Jesse Thomas, JS and the other men charged with riot had been examined and discharged by Justice of the Peace Daniel H. Wells on 17 June 1844. (JS, Journal, 17 June 1844.)
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57
According to John Taylor’s reminiscent account of this meeting, JS said that when David Bettisworth first arrested him, he, JS, “offered, in the presence of more than twenty persons, to go to any other magistrate, either in our city or Appanoose, or any other place where we should be safe.” (John Taylor, Statement, 23 Aug. 1856, p. 38, Historian’s Office, JS History, Draft Notes, ca. 1839–1856, CHL.)
Historian’s Office. Joseph Smith History Draft Notes, ca. 1839–1856. CHL. CR 100 92.
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58
After being arrested on the charge of riot, JS was discharged at a hearing before the Nauvoo Municipal Court on 12 June. The following day, the same court discharged others arrested in the case. (JS, Journal, 12 and 13 June 1844.)
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59
John M. Bernhisel, J. R. Wakefield, Sidney Rigdon, and JS wrote separate letters to Thomas Ford on 14 June explaining the destruction of the Nauvoo Expositor press. Samuel James left Nauvoo the following day to carry “lette[r]s and pape[r]s”—including, presumably, the letters of JS and the others—to Ford. (JS, Journal, 14 and 15 June 1844.)
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60
Hunter, accompanied by Lewis and John Bills, left Nauvoo on 17 June with a letter from JS to Thomas Ford informing him of threats against the Mormons and asking that he come and investigate. Hunter and the others also carried an affidavit from Thomas Wilson describing threats against church members. (JS, Journal, 17 June 1844.)
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61
On 23 June 1844, Anderson made a written statement saying he had told JS on the morning of 18 June that the number of people leaving Nauvoo that day might give the impression “that they were afraid of being attacked, and prove injurious” and that JS should “use his endeavors to retain those in the City until the excitement should abate.” (George C. Anderson, Certificate, 23 June 1844, JS Office Papers, CHL.)
JS Office Papers / Joseph Smith Office Papers, ca. 1835–1845. CHL. MS 21600.
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62
JS’s proclamation of 18 June 1844 placed Nauvoo under martial law. (JS, Journal, 18 June 1844; JS, Proclamation, 18 June 1844, JS Collection, CHL.)
Smith, Joseph. Collection, 1827–1846. CHL. MS 155.
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63
JS, lieutenant general of the Nauvoo Legion.
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64
It is unclear which specific orders are referred to here. Over the previous three weeks, JS had issued six orders to Dunham, acting major general of the Nauvoo Legion. The first, dated 10 June 1844, was to “hold the Nauvoo Legion in readiness” to help Nauvoo marshal John P. Greene remove the Nauvoo Expositor press if necessary. The second, given on 16 June, was for Dunham “to have the Legion in readiness to suppress all illegal violence in the City.” The third, given the following day, ordered Dunham to prepare the legion to assist Greene “in keeping the peace, and doing whatever may be necessary to preserve the dignity of the State and city.” The fourth, also issued on 17 June, instructed Dunham to execute all of Greene’s orders and to “perform all services with as little noise and confusion as possible.— and take every precaution to prevent groups of citizens & from gathering on the bank of the river, on the landing of boats or otherwise, and allay every cause & pretext of excitement as well as suspicon.” The fifth, given 22 June 1844, ordered Dunham “to proceed without delay, with the assistence of the Nauvoo Legion,” in preparing for an attack on the eastern border of Nauvoo. The final order, issued 24 June 1844, was for Dunham to “comply strictly and without delay” with Thomas Ford’s order to surrender the state arms to James Dunn. (JS, Nauvoo, IL, to Jonathan Dunham, Nauvoo, IL, 10 June 1844, copy, JS Collection, CHL; Clayton, Daily Account of JS Activities, 16 June 1844; JS, Letters, Nauvoo, IL, to Jonathan Dunham, Nauvoo, IL, 17 June 1844; JS, Nauvoo, IL, to Jonathan Dunham, Nauvoo, IL, 22 June 1844, copy, JS Collection, CHL; JS, “Prairie 4 miles W Carthage,” IL, to Jonathan Dunham, Nauvoo, IL, 24 June 1844, appended to Thomas Ford, Carthage, IL, to JS et al., 24 June 1844, JS Collection, CHL; JS, Journal 10, 16, 17, and 22 June 1844.)
Smith, Joseph. Collection, 1827–1846. CHL. MS 155.
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According to a later account by John Taylor, John P. Greene told Thomas Ford that “in some instances” passes had been given to strangers so they could pass by the men charged with protecting Nauvoo from attack. He also told the governor that no one had been imprisoned at Nauvoo without legal cause, which echoed what JS had told Ford in his midnight 22 June letter. (John Taylor, Statement, 23 Aug. 1856, p. 39, Historian’s Office, JS History, Draft Notes, ca. 1839–1856, CHL; JS, Nauvoo, IL, to Thomas Ford, [Carthage, IL], 22 June 1844, copy, JS Collection, CHL.)
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Thomas Ford may have reiterated his belief expressed in his 22 June 1844 letter to JS that the Nauvoo Municipal Court had overstepped its bounds when it had issued writs of habeas corpus for JS and others charged with riot and discharged them from arrest. (Thomas Ford, Carthage, IL, to JS et al., Nauvoo, IL, 22 June 1844, JS Collection, CHL.)
Smith, Joseph. Collection, 1827–1846. CHL. MS 155.
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68
The compilers of JS’s history report Ford saying that the examination before Daniel H. Wells “did not satisfy the feelings of the people in and about Carthage.” (JS History, vol. F-1, 164.)
JS History / Smith, Joseph, et al. History, 1838–1856. Vols. A-1–F-1 (original), A-2–E-2 (fair copy). Historian’s Office, History of the Church, 1839–ca. 1882. CHL. CR 100 102, boxes 1–7. The history for the period after 5 Aug. 1838 was composed after the death of Joseph Smith.
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69
The posse may have comprised the thirty “officers” who, according to William Clayton, arrived in Nauvoo on 22 June to accompany JS and the other men charged with riot to Carthage. Ford later reported, however, that he had sent only a constable and ten men to arrest JS. Whatever its number, the posse returned to Carthage without JS, who had crossed the Mississippi River into Iowa Territory the night of 22–23 June. According to John Taylor’s reminiscent account of JS’s meeting with Ford, Ford asked JS why he had not given “a more speedy answer” to the posse. JS responded that he and others in Nauvoo “had matters of importance to consult upon” and that “it took some time . . . to weigh duly these matters.” Ford then conceded that “sufficient time was not allowed by the posse” for JS and his associates “to consult and get ready.” Ford himself later wrote that the posse had left Nauvoo quickly out of fear that JS and the others actually would submit to arrest, in which case “there would be no occasion for calling out an overwhelming militia force, for marching it into Nauvoo, for probable mutiny when there, and for the extermination of the Mormon race.” (Council of Fifty, “Record,” 22 June 1844; JS History, vol. F-1, 148; Editorial Note following 22 June 1844 entry in JS, Journal; John Taylor, “The Martyrdom of Joseph Smith,” in Burton, City of the Saints, 533; Ford, History of Illinois, 332–334.)
Council of Fifty. “Record of the Council of Fifty or Kingdom of God,” Mar. 1844–Jan. 1846. CHL.
JS History / Smith, Joseph, et al. History, 1838–1856. Vols. A-1–F-1 (original), A-2–E-2 (fair copy). Historian’s Office, History of the Church, 1839–ca. 1882. CHL. CR 100 102, boxes 1–7. The history for the period after 5 Aug. 1838 was composed after the death of Joseph Smith.
Taylor, John. “The Martyrdom of Joseph Smith.” In The City of the Saints, and Across the Rocky Mountains to California, by Richard F. Burton, 517–540. New York: Harper and Brothers, 1862.
Ford, Thomas. A History of Illinois, from Its Commencement as a State in 1818 to 1847. Containing a Full Account of the Black Hawk War, the Rise, Progress, and Fall of Mormonism, the Alton and Lovejoy Riots, and Other Important and Interesting Events. Chicago: S. C. Griggs; New York: Ivison and Phinney, 1854.
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The compilers of JS’s history completed this sentence to read that Thomas Ford “was satisfied now that the people of Nauvoo had acted according to the best of their judgment.” (JS History, vol. F-1, 164.)
JS History / Smith, Joseph, et al. History, 1838–1856. Vols. A-1–F-1 (original), A-2–E-2 (fair copy). Historian’s Office, History of the Church, 1839–ca. 1882. CHL. CR 100 102, boxes 1–7. The history for the period after 5 Aug. 1838 was composed after the death of Joseph Smith.
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71
The compilers of JS’s history attributed this statement to JS’s counsel Hugh Reid and reported him saying that “it was very evident from the excitement created by Mr. Smith’s enemies it would have been unsafe for him to come to Carthage, for under such circumstances he could not have had an impartial trial.” According to John Taylor, Thomas Geddes similarly said, “It certainly did look, from all I have heard, from the general spirit of violence and mobocracy that here prevails, that it was not safe for you to come unprotected.” (JS History, vol. F-1, 164; John Taylor, “The Martyrdom of Joseph Smith,” in Burton, City of the Saints, 533.)
JS History / Smith, Joseph, et al. History, 1838–1856. Vols. A-1–F-1 (original), A-2–E-2 (fair copy). Historian’s Office, History of the Church, 1839–ca. 1882. CHL. CR 100 102, boxes 1–7. The history for the period after 5 Aug. 1838 was composed after the death of Joseph Smith.
Taylor, John. “The Martyrdom of Joseph Smith.” In The City of the Saints, and Across the Rocky Mountains to California, by Richard F. Burton, 517–540. New York: Harper and Brothers, 1862.
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Thomas Ford had told JS earlier that he felt the destruction of the Nauvoo Expositor press “was a very gross outrage upon the laws and the liberties of the people” and that Nauvoo city officials had violated constitutional principles when they removed it. (Thomas Ford, Carthage, IL, to JS et al., [Nauvoo, IL], 22 June 1844, JS Collection, CHL.)
Smith, Joseph. Collection, 1827–1846. CHL. MS 155.
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73
JS had been arrested in Far West, Missouri, on 31 October 1838 and remained in custody of Missouri officials until 16 April 1839, when he was allowed to escape. According to JS’s history, JS also “spoke of . . . the shameful kidnapping of his witnesses” in Missouri “and their being thrust into prison to prevent them from giving their testimony in his favor”—a reference to events that transpired during the court of inquiry held 12–29 November 1838 before Judge Austin A. King in Richmond, Missouri. (JS History, vol. F-1, 164; “A History, of the Persecution,” Times and Seasons, Sept. 1840, 1:162–163.)
JS History / Smith, Joseph, et al. History, 1838–1856. Vols. A-1–F-1 (original), A-2–E-2 (fair copy). Historian’s Office, History of the Church, 1839–ca. 1882. CHL. CR 100 102, boxes 1–7. The history for the period after 5 Aug. 1838 was composed after the death of Joseph Smith.
Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.
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Thomas Ford may have repeated the same points he made in his 22 June 1844 letter to JS—that is, that the destruction of the Nauvoo Expositor press violated the constitutional protection of freedom of the press and the guarantee against being deprived of “life liberty or property” without due process of law, and that the Nauvoo city council, a legislative body, assumed judicial powers it did not have when it deemed the press a nuisance. (Thomas Ford, Carthage, IL, to JS et al., [Nauvoo, IL], 22 June 1844, JS Collection, CHL; see also Editorial Note following 22 June 1844 entry in JS, Journal; and John Taylor, “The Martyrdom of Joseph Smith,” in Burton, City of the Saints, 531.)
Smith, Joseph. Collection, 1827–1846. CHL. MS 155.
Taylor, John. “The Martyrdom of Joseph Smith.” In The City of the Saints, and Across the Rocky Mountains to California, by Richard F. Burton, 517–540. New York: Harper and Brothers, 1862.
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JS was probably referring to the Nauvoo Expositor press. He had earlier promised Thomas Ford that he would “make all things right” if it was deemed that the press had been unjustifiably destroyed. (JS, Nauvoo, IL, to Thomas Ford, Carthage, IL, 22 June 1844, JS Collection, CHL; see also John Taylor, Statement, 23 Aug. 1856, p. 41, Historian’s Office, JS History, Draft Notes, ca. 1839–1856, CHL.)
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According to the compilers of JS’s history, this passage refers to JS’s calling out the Nauvoo Legion. (JS History, vol. F-1, 164.)
JS History / Smith, Joseph, et al. History, 1838–1856. Vols. A-1–F-1 (original), A-2–E-2 (fair copy). Historian’s Office, History of the Church, 1839–ca. 1882. CHL. CR 100 102, boxes 1–7. The history for the period after 5 Aug. 1838 was composed after the death of Joseph Smith.
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JS had been told the previous afternoon that he would accompany Thomas Ford and “his army” to Nauvoo. According to William Clayton, JS expected to go to Nauvoo on 27 June. (JS, Carthage, IL, to Emma Smith, [Nauvoo, IL], 25 June 1844, JS Collection, CHL; Clayton, Journal, 26 June 1844.)
Smith, Joseph. Collection, 1827–1846. CHL. MS 155.
Clayton, William. Journals, 1842–1845. CHL.
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JS had issued two orders to Marshal John P. Greene over the previous three weeks—one to destroy the Nauvoo Expositor press on 10 June and one to “take such measures as shall be necessary to preserve the peace” of Nauvoo on 17 June. (JS, Nauvoo, IL, to John P. Greene, Nauvoo, IL, 10 June 1844, JS Collection, CHL; JS, Proclamation to John P. Greene, Nauvoo, IL, 17 June 1844, JS Collection, CHL.)
Smith, Joseph. Collection, 1827–1846. CHL. MS 155.
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79
JS told Thomas that he and Hyrum Smith had been arrested and incarcerated on the charge of treason. In his letter, JS noted that the statement in the mittimus that said they had appeared before a magistrate was “utterly false.” Feeling that he and Hyrum had “no reasonable prospect of any thing but partial decisions of law” and that their only hope for justice lay in obtaining a habeas corpus hearing before an impartial judge, JS asked Thomas to make himself at home in JS’s house at Nauvoo “until the papers can be in readiness for you to bring us on Habeas Corpus. Our witnesses are all at Nauvoo—& there you can easily investigate the whole matter.” According to William Clayton, the plan to hold a habeas corpus hearing before Thomas at Nauvoo was based at least in part on JS’s expectation that he would accompany Thomas Ford to Nauvoo the following day. (JS, Carthage, IL, to Jesse Thomas, [Springfield], IL, 26 June 1844, JS Collection, CHL, underlining in original; Clayton, Journal, 26 June 1844.)
Smith, Joseph. Collection, 1827–1846. CHL. MS 155.
Clayton, William. Journals, 1842–1845. CHL.
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80
Deming told JS and Hyrum Smith that their guard “have been acting on the supposition that [their] protection excluded all persons but those admitted by a pass” and that he, Deming, had “caused the officer of the guard to be correctly instructed of his duties” so that JS and Hyrum would “suffer no further inconvenience.” According to JS’s history, a guard had prevented JS from communicating with a messenger earlier in the day. (Miner Deming, Carthage, IL, to JS and Hyrum Smith, Carthage, IL, 26 June 1844, JS Collection, CHL; JS History, vol. F-1, 167.)
Smith, Joseph. Collection, 1827–1846. CHL. MS 155.
JS History / Smith, Joseph, et al. History, 1838–1856. Vols. A-1–F-1 (original), A-2–E-2 (fair copy). Historian’s Office, History of the Church, 1839–ca. 1882. CHL. CR 100 102, boxes 1–7. The history for the period after 5 Aug. 1838 was composed after the death of Joseph Smith.
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The compilers of JS’s history expanded this passage to read, “he [Hugh Reid] would not agree to a trial unless (Captain) Justice Smith would consent to go to Nauvoo for examination, where witnesses could be had.” (JS History, vol. F-1, 169; see also John Taylor, Statement, 23 Aug. 1856, pp. 42–43, Historian’s Office, JS History, Draft Notes, ca. 1839–1856.)
JS History / Smith, Joseph, et al. History, 1838–1856. Vols. A-1–F-1 (original), A-2–E-2 (fair copy). Historian’s Office, History of the Church, 1839–ca. 1882. CHL. CR 100 102, boxes 1–7. The history for the period after 5 Aug. 1838 was composed after the death of Joseph Smith.
Historian’s Office. Joseph Smith History Draft Notes, ca. 1839–1856. CHL. CR 100 92.
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Probably Harmon T. Wilson, who, with Joseph H. Reynolds, had attempted to transport JS to Missouri in June 1843 to answer the charge of treason. (JS, Journal, 23 June 1843.)
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Willard Richards’s letter to his wife has not been located. The compilers of JS’s history identified this person as Cyrus Canfield, who testified at JS’s habeas corpus hearing on 12 June. (JS History, vol. F-1, 169; Nauvoo Municipal Court Docket Book, 110.)
JS History / Smith, Joseph, et al. History, 1838–1856. Vols. A-1–F-1 (original), A-2–E-2 (fair copy). Historian’s Office, History of the Church, 1839–ca. 1882. CHL. CR 100 102, boxes 1–7. The history for the period after 5 Aug. 1838 was composed after the death of Joseph Smith.
Nauvoo Municipal Court Docket Book / Nauvoo, IL, Municipal Court. “Docket of the Municipal Court of the City of Nauvoo,” ca. 1843–1845. In Historian's Office, Historical Record Book, 1843–1874, pp. 51–150 and pp. 1–19 (second numbering). CHL. MS 3434.
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84
The compilers of JS’s history identified “Simpson” as “Alexander Simpson”—probably Alexander Sympson, who claimed two months earlier that JS had falsely accused him of a crime, which resulted in an indictment against JS for perjury. (JS History, vol. F-1, 169; JS, Journal, 23 and 25 May 1844.)
JS History / Smith, Joseph, et al. History, 1838–1856. Vols. A-1–F-1 (original), A-2–E-2 (fair copy). Historian’s Office, History of the Church, 1839–ca. 1882. CHL. CR 100 102, boxes 1–7. The history for the period after 5 Aug. 1838 was composed after the death of Joseph Smith.
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85
According to Hugh Reid, Bettisworth had an order from Justice of the Peace Robert Smith directing him to bring JS and Hyrum Smith from jail “for an examination on the charge of treason.” The jailor, George Stigall, refused to release the prisoners to Bettisworth, as he “could find no law authorizing a Justice of the Peace, to demand prisoners committed to his charge.” Bettisworth himself reported that he was refused entrance by Stigall and that overhearing their conversation, JS said that he would not go with Bettisworth—“that the Constable should have nothing to do with him—that he intended coming out on a writ of habeas corpus.” (“Statement of Facts,” Times and Seasons, 1 July 1844, 5:562; “For the Warsaw Signal,” Warsaw [IL] Signal, 24 July 1844, [1], italics in original; see also Jones, Martyrdom of Joseph and Hyrum Smith; and John S. Fullmer, Preston, England, to George A. Smith, 27 Nov. 1854, Historian’s Office, JS History Documents, ca. 1839–1860, CHL.)
Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.
Warsaw Signal. Warsaw, IL. 1841–1853.
Jones, Dan. The Martyrdom of Joseph and Hyrum Smith, 1855. CHL. MS 153.
Historian’s Office. Joseph Smith History Documents, 1839–1860. CHL. CR 100 396.
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86
JS’s letter, written to his attorneys Hugh Reid and James Woods and inscribed by Willard Richards, described Bettisworth’s recent visit to the jail and the guard’s refusal to let him in. “We have since learned that he [Bettisworth] wanted to take us before the Magistrate,” JS continued, “and we have since learned there is some excitement because we did not go— & we wish to see you without delay.” JS closed the letter by noting that Robert D. Foster had allegedly said that only “powder and ball” could do anything to JS and Hyrum Smith, as they had done nothing illegal. (JS, Carthage, IL, to James Woods and Hugh Reid, [Carthage, IL], 26 June 1844, JS Collection, CHL.)
Smith, Joseph. Collection, 1827–1846. CHL. MS 155.
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87
James Woods later wrote that after the jailor, George Stigall, refused to release JS and Hyrum Smith to Bettisworth, the constable left and returned to the jail with the Carthage Greys and forced Stigall “by intimidation and threats . . . to give up the prisoners.” Bettisworth, on the other hand, reported that when he arrived at the jail, the guard halted outside the yard fence and Stigall delivered the Smiths to the constable without any threat or disturbance. Stigall agreed with Bettisworth, stating that when the constable and the militia arrived at the jail, there were no threats, force, or coercion and that when Bettisworth presented himself at the door of the jail the second time, the prisoners were delivered to him without question. Stigall explained that after the constable’s first appearance at the jail, he, Stigall, had asked the governor if he had authority to surrender the prisoners and was told he had. Franklin Worrell, the commander of the militia attachment sent to bring the Smiths to the courthouse, supported Bettisworth’s and Stigall’s versions of the event. (“Statement of Facts,” Times and Seasons, 1 July 1844, 5:564; “For the Warsaw Signal,” Warsaw [IL] Signal, 24 July 1844, [1].)
Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.
Warsaw Signal. Warsaw, IL. 1841–1853.
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88
Hugh Reid and James Woods, counsel for JS and Hyrum Smith, “asked for subpoenas for witnesses on the part of the prisoners.” (“Statement of Facts,” Times and Seasons, 1 July 1844, 5:563.)
Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.
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89
The order referred to here is probably Justice Smith’s 26 June 1844 order to Constable Bettisworth to bring JS and Hyrum Smith from jail “for an examination on the charge of treason.” No manuscript copy of the order in the hand of any of JS’s associates has been located. Hugh Reid included a transcript of it in his “Statement of Facts” published in the Times and Seasons. (“Statement of Facts,” Times and Seasons, 1 July 1844, 5:562.)
Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.
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90
Twenty-seven men were identified as witnesses in Nauvoo and Carthage. (Willard Richards, List of Witnesses in Carthage and Nauvoo, 26 June 1844, JS Office Papers, CHL.)
JS Office Papers / Joseph Smith Office Papers, ca. 1835–1845. CHL. MS 21600.
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91
JS and Hyrum Smith were arrested for treason on separate warrants on the morning of 25 June. (Richards, Journal, 25 June 1844; Writ for Hyrum Smith, Hancock Co., IL, 24 June 1844, State of Illinois v. Smith [J.P. Ct. 1844], JS Office Papers, CHL; Writ for JS, Hancock Co., IL, 24 June 1844, State of Illinois v. JS for Treason [J.P. Ct. 1844], JS Collection, CHL.)
Richards, Willard. Journals, 1836–1853. Willard Richards, Papers, 1821–1854. CHL. MS 1490, boxes 1–2.
JS Office Papers / Joseph Smith Office Papers, ca. 1835–1845. CHL. MS 21600.
Smith, Joseph. Collection, 1827–1846. CHL. MS 155.
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92
JS and Hyrum Smith were incarcerated in the jail at Carthage for treason without having appeared before a magistrate to answer the charge. (Richards, Journal, 25 June 1844.)
Richards, Willard. Journals, 1836–1853. Willard Richards, Papers, 1821–1854. CHL. MS 1490, boxes 1–2.
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93
The subpoenas were issued “for witnesses on the defence.” (“Statement of Facts,” Times and Seasons, 1 July 1844, 5:564.)
Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.
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94
JS and Hyrum were apparently confined in the “crim[i]nals cell.” (Richards, Journal, 25 June 1844; see also Ford, History of Illinois, 338.)
Richards, Willard. Journals, 1836–1853. Willard Richards, Papers, 1821–1854. CHL. MS 1490, boxes 1–2.
Ford, Thomas. A History of Illinois, from Its Commencement as a State in 1818 to 1847. Containing a Full Account of the Black Hawk War, the Rise, Progress, and Fall of Mormonism, the Alton and Lovejoy Riots, and Other Important and Interesting Events. Chicago: S. C. Griggs; New York: Ivison and Phinney, 1854.
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95
A notation on this list of names indicates it was “copied for J. P. Green [John P. Greene],” the Nauvoo city marshal. (Willard Richards, List of Witnesses in Carthage and Nauvoo, 26 June 1844, JS Office Papers, CHL.)
JS Office Papers / Joseph Smith Office Papers, ca. 1835–1845. CHL. MS 21600.
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96
The mittimus, signed by Robert Smith, on which JS and Hyrum Smith were currently incarcerated. Noting that a continuance had been granted until noon on 27 June, the mittimus commanded the jailor to keep them “in the Jail of the county there to remain until . . . said Examination according to Law.” (Mittimus, 26 June 1844, State of Illinois v. JS and Hyrum Smith for Treason [J.P. Ct. 1844], copy, JS Office Papers, CHL.)
JS Office Papers / Joseph Smith Office Papers, ca. 1835–1845. CHL. MS 21600.
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97
Thomas Ford had visited JS and Hyrum Smith in a room they had been moved to following breakfast. It was located on the second floor and furnished with a bed, a “chair or two, and some mattresses.” They stayed in this room the night of 26 June and during the day of 27 June. Ford identified it as a “larger room . . . more airy and comfortable than the cells” and distinct from the jailor’s living quarters. (John S. Fullmer, Preston, England, to George A. Smith, 27 Nov. 1854, p. 8, Historian’s Office, JS History Documents, ca. 1839–1860; Jones, Martyrdom of Joseph and Hyrum Smith, 6; Ford, History of Illinois, 338.)
Historian’s Office. Joseph Smith History Documents, 1839–1860. CHL. CR 100 396.
Jones, Dan. The Martyrdom of Joseph and Hyrum Smith, 1855. CHL. MS 153.
Ford, Thomas. A History of Illinois, from Its Commencement as a State in 1818 to 1847. Containing a Full Account of the Black Hawk War, the Rise, Progress, and Fall of Mormonism, the Alton and Lovejoy Riots, and Other Important and Interesting Events. Chicago: S. C. Griggs; New York: Ivison and Phinney, 1854.
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98
TEXT: Possibly “Recd”.
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99
In his letter, Clayton told JS of a Mr. Marsh who had offered to pay bail for JS “to any amount” if needed and who wanted to give JS some corn he had. Clayton also told JS that a messenger was about to be sent to Judge Jesse Thomas—before whom JS hoped to have a habeas corpus hearing in Nauvoo—and that Captain James Singleton, who had arrived in Nauvoo with some policemen that morning under orders from Ford to protect the city, was requesting Ford recall him and his men because Singleton found “no difficulties to settle here but there is plenty to settle at home.” Clayton closed by telling JS that “all [was] peace in Nauvoo” and that the people there had no fears in spite of threats “that the mob [were] determined to attack the City” in JS’s absence. (William Clayton, Nauvoo, IL, to JS, Carthage, IL, 26 June 1844, JS Collection, CHL.)
Smith, Joseph. Collection, 1827–1846. CHL. MS 155.
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100
James, Hunter, and Lewis had left Nauvoo for Springfield earlier in the month to deliver to Ford letters and other documents about the destruction of the Nauvoo Expositor press and threats against the Mormons. Ford had not received the papers, however, probably because he left Springfield for Carthage the same day the Mormon party left Nauvoo. Ford arrived at Carthage on 21 June. (JS, Journal, 15, 17, and 21 June 1844; John Taylor, Statement, 23 Aug. 1856, p. 22, Historian’s Office, JS History, Draft Notes, ca. 1839–1856, CHL; “Mormon Troubles,” Sangamo Journal [Springfield, IL], 27 June 1844, [3]; see also JS History, vol. F-1, 172.)
Historian’s Office. Joseph Smith History Draft Notes, ca. 1839–1856. CHL. CR 100 92.
Sangamo Journal. Springfield, IL. 1831–1847.
JS History / Smith, Joseph, et al. History, 1838–1856. Vols. A-1–F-1 (original), A-2–E-2 (fair copy). Historian’s Office, History of the Church, 1839–ca. 1882. CHL. CR 100 102, boxes 1–7. The history for the period after 5 Aug. 1838 was composed after the death of Joseph Smith.
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101
Ford had decided the previous day to take a large number of troops to Nauvoo and had told JS earlier that he (JS) and Hyrum Smith would accompany him. Ford later wrote that though he had planned to take JS and Hyrum Smith with him to Nauvoo, “a council of officers . . . determined that this would be highly inexpedient and dangerous, and offered such substantial reasons for their opinions as induced me to change my resolution.” (Ford, History of Illinois, 339–340.)
Ford, Thomas. A History of Illinois, from Its Commencement as a State in 1818 to 1847. Containing a Full Account of the Black Hawk War, the Rise, Progress, and Fall of Mormonism, the Alton and Lovejoy Riots, and Other Important and Interesting Events. Chicago: S. C. Griggs; New York: Ivison and Phinney, 1854.
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102
According to James Woods, Justice Robert Smith “altered the return of the subpoenas until the 29th, and continued the hearing until that time, without consulting either their prisoners or the counsel.” (“Statement of Facts,” Times and Seasons, 1 July 1844, 5:564.)
Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.
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103
Possibly Michael Crane, who accompanied JS and others on a short trip to Shokokon, Illinois, in February 1843. Alternatively, this may have been the person who earlier in the month had reported that several boxes of arms had arrived in Warsaw. (JS, Journal, 16 Feb. 1843; JS, Journal, 15 June 1844.)
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104
In his letter, which is in Richards’s handwriting, JS told Emma Smith that he and his companions had heard that Thomas Ford would not visit Nauvoo with his troops “as was anticipated last Evening” but that if Ford did visit, she would be protected. JS also told her to tell Jonathan Dunham, acting major general of the Nauvoo Legion, to “instruct the people to stay at home and attend to their own business and let there be no groups or gathering together unless by permission of the Gov. . . . Bro Dunham of course, will obey the orders of the Government officers, and render them the assistance they require.” JS assured his wife that there was “no danger of an ‘exterminating order’” and that he did not anticipate a mutiny among Ford’s troops. “There is one principle which is Eternal,” JS closed. “It is the duty of all men to protect their lives and the lives of their households . . . should the last extreme arrive,— but I anticipate no such extreme,— but caution is the parent of safety.” In a postscript in his own hand, JS wrote, “I am very much resigned to my lot, knowing I am Justified and have done the best that could be done. Give my love to the children and all my Friends . . . as for treason I know that I have not committed any, and they cannot prove one appearance of any thing of the kind, So you need not have any fears that any harme can happen to us on that score. May God bless you all, Amen.” (JS, Carthage, IL, to Emma Smith, [Nauvoo, IL], 27 June 1844, JS Collection, CHL, underlining in original.)
Smith, Joseph. Collection, 1827–1846. CHL. MS 155.
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105
Governor Thomas Ford’s decision to discharge the troops rather than march with a show of force on Nauvoo as originally planned was based on his learning “that there was a plan to get the troops into Nauvoo, and there to begin the war, probably by some of our own party, or some of the seceding Mormons, taking advantage of the night, to fire on our own force, and then laying it on the Mormons.” Ford opposed the plan on both moral and practical grounds and met with a “council of officers” on the morning of 27 June to discuss the situation. “Many of the officers admitted that there might be danger of collision,” he wrote. “But such was the blind fury prevailing at the time . . . that a small majority of the council adhered to the first resolution of marching into Nauvoo.” Refusing to “be governed by the advice of this majority,” Ford ordered most of the troops assembled at both Carthage and Warsaw to be discharged. The Carthage Greys remained on duty in Carthage to guard JS and Hyrum, and James Dunn’s company of dragoons accompanied Ford to Nauvoo. (Ford, History of Illinois, 340–345.)
Ford, Thomas. A History of Illinois, from Its Commencement as a State in 1818 to 1847. Containing a Full Account of the Black Hawk War, the Rise, Progress, and Fall of Mormonism, the Alton and Lovejoy Riots, and Other Important and Interesting Events. Chicago: S. C. Griggs; New York: Ivison and Phinney, 1854.
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106
Militia officers, Thomas Ford later wrote, had insisted that a large number of troops march to Nauvoo to “terrify the Mormons from attempting any open or secret measures of vengeance against the citizens of the county, who had taken a part against them or their leaders.” To “ease their terrors on this head,” in light of his decision to discharge the troops, Ford suggested to the officers that he go to Nauvoo with a small force “and deliver an address to the Mormons, and tell them plainly what degree of excitement and hatred prevailed against them in the minds of the whole people, and that if any open or secret violence should be committed on the persons or property of those who had taken part against them, that no one would doubt but that it had been perpetrated by them, and that it would be the sure and certain means of the destruction of their city and the extermination of their people.” (Ford, History of Illinois, 342.)
Ford, Thomas. A History of Illinois, from Its Commencement as a State in 1818 to 1847. Containing a Full Account of the Black Hawk War, the Rise, Progress, and Fall of Mormonism, the Alton and Lovejoy Riots, and Other Important and Interesting Events. Chicago: S. C. Griggs; New York: Ivison and Phinney, 1854.
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107
In this postscript, written in Richards’s hand and added to the letter and postscript to Emma Smith written earlier in the day, JS told his wife that he had just learned that Thomas Ford was about to discharge all the militia troops (except for a small guard) and go to Nauvoo to deliver a speech. “This is right, as I suppose,” he closed. (JS, Carthage, IL, to Emma Smith, [Nauvoo, IL], 27 June 1844, JS Collection, CHL.)
Smith, Joseph. Collection, 1827–1846. CHL. MS 155.
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108
According to his own later account, Wheelock also carried several verbal messages, including the “wish of bro. Joseph, also of Governor Ford, that there should be no display of military parade, or any excitement whatever,” when Ford addressed them. (Cyrus Wheelock, London, England, to George A. Smith, 29 Dec. 1854, Historian’s Office, JS History Documents, ca. 1839–1860, CHL.)
Historian’s Office. Joseph Smith History Documents, 1839–1860. CHL. CR 100 396.
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109
Fullmer “left for Nauvoo with instructions from Joseph and Hiram to aid in hunting up and forwarding witnesses to Carthage.” (John S. Fullmer, Preston, England, to George A. Smith, 27 Nov. 1854, Historian’s Office, JS History Documents, ca. 1839–1860, CHL.)
Historian’s Office. Joseph Smith History Documents, 1839–1860. CHL. CR 100 396.
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110
Ford later wrote that he “immediately departed for Nauvoo” after discharging the militia. (Ford, History of Illinois, 345.)
Ford, Thomas. A History of Illinois, from Its Commencement as a State in 1818 to 1847. Containing a Full Account of the Black Hawk War, the Rise, Progress, and Fall of Mormonism, the Alton and Lovejoy Riots, and Other Important and Interesting Events. Chicago: S. C. Griggs; New York: Ivison and Phinney, 1854.
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111
As indicated here, Thomas Ford was still in Carthage at ten thirty in the morning. Richards’s pass, signed by “Thomas Ford Commander in Chief,” instructed the guard to “permit Doct Richards the private secretary of Joseph Smith to be with him if he disires it and to pass and repass the guard.” (Thomas Ford, Permit for Willard Richards, 27 June 1844, Willard Richards, Papers, CHL.)
Richards, Willard. Papers, 1821–1854. CHL. MS 1490.
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112
In a reminiscent account, Jones reported that he had met Babbitt “in the street” and “informed him that Mr. Smith wished to see him.” (Jones, Martyrdom of Joseph and Hyrum Smith, 13.)
Jones, Dan. The Martyrdom of Joseph and Hyrum Smith, 1855. CHL. MS 153.
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113
This letter has not been located.
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114
In the letter, written by Richards, JS told Browning that he and Hyrum Smith were in jail on the charge of treason and requested his services for their defense at the “examination” scheduled for 29 June. “There is no cause of action,” JS wrote, “for we have not been guilty of any crime; neither is there any just cause of suspicion against us,— but certain circumstances make your attendance very necessary.” (JS, Carthage, IL, to Orville Browning, Quincy, IL, 27 June 1844, copy, JS Collection, CHL.)
Smith, Joseph. Collection, 1827–1846. CHL. MS 155.
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115
Possibly Wall Southwick. (JS, Journal, 20 June 1844; Richards, Journal, 26 June 1844.)
Richards, Willard. Journals, 1836–1853. Willard Richards, Papers, 1821–1854. CHL. MS 1490, boxes 1–2.
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116
TEXT: Possibly “James”.
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117
Dan Jones later recalled that he “was handed a letter from Mr. Smith, with a request to take it to Mr. Browning of Quincy forthwith.” Believing that the letter contained orders for the Nauvoo Legion to come and rescue JS, several men demanded the letter from Jones, who was able to escape on a horse. Jones rode to Nauvoo and boarded a steamer for Quincy late that night. (Jones, Martyrdom of Joseph and Hyrum Smith, 13–15.)
Jones, Dan. The Martyrdom of Joseph and Hyrum Smith, 1855. CHL. MS 153.
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118
According to Markham’s reminiscent account, JS sent Markham, who had a pass from Ford, to get “a Pipe & Tobacco” to settle the stomach of Richards, who was ill. (Stephen Markham, Fort Supply, Utah Territory, to Wilford Woodruff, 20 June 1856, Historian’s Office, JS History Documents, ca. 1839–1860, CHL.)
Historian’s Office. Joseph Smith History Documents, 1839–1860. CHL. CR 100 396.
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119
This song was originally written as a fourteen-stanza poem in December 1826 by English poet James Montgomery, who titled it “The Stranger and His Friend.” Put to music in 1835, the song entered Mormon hymnody in 1840 when it was published in the first Mormon British hymnal—the “Manchester Hymnal”—under the direction of Brigham Young, Parley P. Pratt, and John Taylor. The song is a first-person account of a person befriending a stranger who finally reveals himself as Jesus Christ. (Walker, “John Taylor: Beyond ‘A Poor Wayfaring Man of Grief,’” 81–88.)
Walker, Jeffrey N. “John Taylor: Beyond ‘A Poor Wayfaring Man of Grief.’” In Champion of Liberty: John Taylor, edited by Mary Jane Woodger, 63–109. Provo, UT: Religious Studies Center, Brigham Young University, 2009.
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120
Hyrum Smith’s personal copy of Josephus’s writings was a one-volume 1830 edition translated by William Whiston and published in Baltimore by Armstrong and Plaskitt and Plaskitt & Co. (The Works of Flavius Josephus.)
The Works of Flavius Josephus. Translated by William Whiston. Baltimore: Armstron and Plaskitt and Plaskitt, 1830.
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121
A guard of seven men from the Carthage Greys was at the jail. The remainder of the Greys were “in camp” a quarter mile away. (“Statement of Facts,” Times and Seasons, 1 July 1844, 5:563.)
Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.
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122
William or Wilson Law or both.
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123
Markham had procured a pipe and tobacco for the ailing Richards and was returning to the jail when “a man by the Name of Stewart” told him to leave Carthage in five minutes. Markham refused, at which point Stewart charged him with his bayonet. Markham knocked him down and was quickly surrounded by the Carthage Greys, who warned him that he would be killed unless he left Carthage. The men eventually forced Markham onto his horse “with the points of their Bayonets” and escorted him out of Carthage. (Stephen Markham, Fort Supply, Utah Territory, to Wilford Woodruff, 20 June 1856, Historian’s Office, JS History Documents, ca. 1839–1860, CHL.)
Historian’s Office. Joseph Smith History Documents, 1839–1860. CHL. CR 100 396.
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124
“Jail” refers to the “crim[i]nals cell,” located on the second floor of the building, as was the room JS and his companions were staying in. (Appendix 3.)
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125
After this sentence and before Richards’s response, the following was written in pencil and then stricken in black ink: “Quincy. bells rung for Joy 2 hours”.
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126
According to a later account by Taylor, JS and his companions—rather than the guard—had sent for the wine in order to “revive” their spirits, which were “generally dull and heavy.” (John Taylor, Statement, 23 Aug. 1856, p. 47, Historian’s Office, JS History, Draft Notes, ca. 1839–1856, CHL.)
Historian’s Office. Joseph Smith History Draft Notes, ca. 1839–1856. CHL. CR 100 92.
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127
The previous day John S. Fullmer gave JS a single-barrel pistol, which Fullmer brought into the jail in his boot. JS gave the pistol to Hyrum Smith after Cyrus Wheelock gave him a six-shooter revolver, which Wheelock had carried into the jail earlier on 27 June in his overcoat. (John S. Fullmer, Preston, England, to George A. Smith, 27 Nov. 1854; Cyrus Wheelock, London, England, to George A. Smith, 29 Dec. 1854, Historian’s Office, JS History Documents, ca. 1839–1860, CHL.)
Historian’s Office. Joseph Smith History Documents, 1839–1860. CHL. CR 100 396.
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128
TEXT: “man” is double underlined.
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129
Willard Richards, “Two Minutes in Jail,” Nauvoo Neighbor, 24 July 1844, [3], italics in original; see also “Two Minutes in Jail,” Times and Seasons, 1 Aug. 1844, 5:598–599.
Nauvoo Neighbor. Nauvoo, IL. 1843–1845.
Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.