Journal, December 1842–June 1844; Book 1, 21 December 1842–10 March 1843

  • Source Note
  • Historical Introduction

Document Transcript

[front cover]
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Book 1, 21 December 1842–10 March 1843

Editorial Note
Approximately half of ’s memorandum book 1 focuses on two incidents: JS’s effort to avoid extradition to to face charges of involvement in the shooting of Missouri’s former governor , and a malpractice suit involving a doctor and his patient in the mayor’s court. The reports of the malpractice trial, recorded in this journal and published in The Wasp, are the most extensive accounts of any case over which JS presided as judge. Also included in book 1 are reports of three JS sermons and of a variety of JS’s daily activities connected with his responsibilities as mayor, municipal court judge, militia commander, church leader, and family man.

President Joseph Smith’s
<​as kept by .—​>
[1/2 page blank] [p. [iii]] [page [iv] blank] [p. [iv]]
21 December 1842 • Wednesday
Januar December 21st. President Joseph at his own house: attending a variety of business Gave instructions about a communication to . & made a particular request that would act as his private se[c]retary & historian
22 December 1842 • Thursday
22— Heard his correspondence with Gov . as prepared for Gen . Recited in German to Elder , Bro Shearer asked the meaning of the Little leaven in 3 measures of meal, Joseph.— said it alludes exp[r]essly to the last days. when there should be little faith on the earth & it [p. 1] leaven the whole world. There shall be safity [safety] in & & the remnants whom the Lord shall call. It refers to the .— Truth springing up on a fixd prin[c]iple 3 measures refers to the 3 in the grand Presidency confining the oracles to a certain head on the principle of 3.
23 December 1842 • Friday
23— I visited with & his wife
24 December 1842 • Saturday
24— P.M. read & revised history walked with secy. to see who was sick— her babe died 30 minutes before he arrived. thence to Bro Sabins [Elijah J. Sabin’s] to get some money for expences to having Just borrowd $100 of Nehemiah [Jeremiah] Hatch. In reply to the [p. 2] question. Do you want a wicked man to pray for you? “Yes, if the fervent effectual prayer of the righteous availeth much. a wicked man may avail a little when p[r]aying for a Righteous man.— There is none good but one. the better a man is the more his prayer will prevail. like the publican & pharisee one was justified rather than the other shewing that both were justified in a degree. the prayer of the wicked man may do a Rightioes man good when it does the one who prays no good—[”]
25 December 1842 • Sunday
Sunday 25— [3 lines blank] [p. 3]
26 December 1842 • Monday
26— Held court. Sis [Sylvia Butterfield] Morey defndat [defendant][.] had consultation with Gen & was arrested by him on Proclomation of Gov. , & Elders & startd for after to carry him to visited Sister Morey in custody of Secy. & prescribed for her afflictions. spoke very highly of Lobelia— good in its place. was one of the works of God. but Like the power of God or any good it become an evil when improperly used. had lear[n]ed the use & value by his own expirence Home. sick had another chill— had a consultation concerni[n]g her with Secreta[r]y.— while walking up [p. 4] main St Joseph asked Bro [blank] Tully if he had aught against him? he replied I have not. Bro gave Joseph a walking stick consisting of whale ivory top. & sperm-whale tooth body— with Mahogany interstice.

Editorial Note
Over the course of the next two weeks, JS and several others traveled to , Illinois, where JS obtained a writ of and was discharged from arrest for his alleged involvement in the attempted assassination of former governor . JS traveled to Springfield in custody of , who held him by authority of the September 1842 proclamation issued by former Illinois governor , the original arrest warrant having been retained by undersheriff . Once JS was in Springfield, Illinois governor issued a new warrant authorizing JS’s arrest by the sheriff of Sangamon County, to whom a writ of habeas corpus could be directed.

27 December 1842 • Tuesday
27th. 9 A.M started with in custody of Gen for . in co.— with . & . & [blank] — Peter Hawes. . & & after when ½ way to carthage met Bros & who had obtaind an order from the master of for . but the court [p. 5] clerk had been elected Senator therefor they could not obtain the writ but Joined the party. & [after?] watering at the public well in carthage arrived at Bro ’s in . about sunset <​35 mi​>. -[ & daugter. rode in the carrige]- one hour after Dr— [Harvey] Tate. <​&​> arrived & Joined the party Supped with wife
28 December 1842 • Wednesday
28—— slept with sec— on buffaloes after retiring. J: stated that the peryfying [purifying] of the sons of Levi was by giving unto them inteligince— that we are not capable of meditating <​on​> & reciving an all the inteligence which belongs [p. 6] to an immortal state. it is to[o] powerful for our faculties. started at 8 oclock— -[sis. ’s Daughter tarrid & Bro wife & little daughter accompanid]- before starting Joseph retoled his [dream?]— was by a beautiful stream of water. saw a noble handsome fish. threw it out. soon after saw more threw them out & soon a great many & threw out a gr[e]at abundance. & sent for salt to salt them down. & salted them— arrived at Rushville. Bell. Tavern by Mrs. Stevenson 3. P.M 20 miles— after supper Joseph with a part of the co[mpany] spent the eve with Mr. & — Joseph stated that to touch the charter was no better than highway robbery that since the [p. 7] creation there never had been a repeal of a perpetual charter by God, Angels, or men. & that he never would submit to lowering our charter— but they might bring others up to it. after retur[nin]g to the tavern. Joseph was measurd 6 feet 6. 6. . 6¾ in—
29 December 1842 • Thursday
29— started 20— 9— arrivd <​Lancas[t]er. 32 mi​> 4 PM. after Supper asked why the Sun was masculine & <​moon​> femini[n]e? <​Joseph​> The root of masculine is stronger & of femini[n]e weaker Sun is a govening planet to certain planets while the moon borrows her light from the Sun [p. 8] & is less or weaker &c— Let the Governme[n]t of Mo redress the wrongs she has don[e] to the mormons & or let the curse follow them <​from generation to generation​> till they do it — when <​I​> we was going up to in co[mpany] with Elder & our families we arrived at . on a extreme cold day. to go forward was 14 mil[e]s to a house.— & backward nearly as far we applied to all the taverns for admission in vain. we were mormons & could not be recived such was the cold that in one hou[r] we must have perished. We plead for our women & children in vain we councelled together & the breth[r]en agreed to stand by me. & we concluded [p. 9] we might as well die fighting as freeze to death. I went into a tavern & plead our cause to get admission. The Landlord said he could not keep us for love or money. I told him we must & would stay let the consequence be what it might, for we must stay or perish. the Landlord said they had heard the mormons were very bad people & the inhabitants of the Paris had combined not to have any thing to do with them but we might stay. I told him we would stay but no thanks to him & we went in & all [p. 10] the taverns, I have boys Men enough to take the town & if we must freeze we will freeeze by the burning of these houses— The taverns were then opened & we were accommodatd. & recived many apologies in the morni[n]g from the inhabita[n]ts for their abusive treatment.
(It was reported through the country that a camp of the mormons stole an acre of corn of one man in the neighborhood of )
Much Good music on the Piano with singing in the evening [p. 11]
30 December 1842 • Friday
30— Started at 8— broke one of the carriages & were detaind awhile arrived at Judge 2½ Oclock Joseph said he had decided that he would not vote for a Slave holder— it is giving them power & if they could obtain sufficent power & get a religious peak [pique?] against any religionists— they would subdue them & compel our children to mix with their slaves. By Elder . what would you advice a man to do who came in the having a hundred Slaves? [:] I have always advised such to bring their slaves [p. 12] into a free county— & set them free— Educate them & give them equal Rights. (the remainder of the co[mpany]— arrived 3½ P.M.) should the slaves be organizd into an independent governme[n]t they would become quarrelsome it would not be wisdom,— <​all​> the party supped at Esqr District Atty of the for . was introducd by , Bro stated that . Sheriff of had been here some days. but whether he had the writ again[s]t Joseph or not. Tis supposed he has it.— conversation [p. 13] continued on the writ & proclamation said that Judge would close the court on the marrow [morrow].— had continud it 2 or 3 days on account of Joseph’s case, & he should try the case on its Merits & not on any technicality. When Entered the Secretary’s office. [Lyman] Trumbull asked him if he had the writ? He replied with a smile it will be forth coming.
It was decided by the council that the old writ should be had if possible in the morning by some one beside . Joseph be arrestd thereon. & by brought [p. 14] before in the morning, & he would go clear. & Said Joseph let me have a happy new year<​s​>.—
conversation then turned on Joseph stated that he never had done militry duty in his life. was taken prisoner of war at in his own door yard & the man who took me thrust me my little boy (who was clingi[n]g to my garme[n]ts) f[r]om me by his sword. saying God Damn you get away you little rascal or I will run you th[r]ough.— I was condemd by court martial to be shot at 8 o clock in the Morning there were 18 Priests in the court martial. said it was cold blood[e]d murder would have nothi[n]g to do with it & marched [p. 15] of[f] his Brigade— were marchd to the soldirs refusd to obey orders. & we were retur[ne]d & thut [thrust] in Prison by Gen s orders. kept 6 mo. 5 days with little food & no bed except a little straw, sufferd much with cold.— without p[r]ocess— on charge of Treason.— Larce[n]y & steali[n]g. had a mock trial. witnesses sworn at the point of bayonet. sent summons by methodist Priest. took 50 of our witnesses & put them in Prisone. & then 20 more. we got one witness by beckoni[n]g th[r]ough the window. he was thrust out of court & 2 or 3 soldie[r]s after to kill him.— King was expostulatd with. [p. 16] he repli[e]d Gentlemn you are Mormons & I have pledgd myself to exterminate you f[r]om the state.— 1839.— afterwards trieed by <​G[rand]—​> Jury. who were our guards at night.— 2 sober at a time. God damn God. & Method[i]st. &c & God damn the Mormons.— when we escaped I was the worst off— got one of my boots & I Jumped into the mud. put on my boots without working— & when I got to water after going over 1 [12?] 15 mi [prairies] my boots are full of blood.—
When I arrived at shore opposite . I saw a man talking with who said God damn Joe Smith if I could get my eyes on him Id fix him.— a ferry— beckoned me. & I put off immediately [p. 17] [George M.] orderd a retreat I rode through & orderd them to stand. 300 agist [against] 3000. a truce came & said we want [John Cleminson] & wife & [blank] & we will protect them— we will massacre all the rest.— they refused to go.— I said go tell that army to retreat in 5 minutes or we’ll give them hell.— & they run— told a few days since at he thought Joseph Smith had left . He was there 3 weeks ago— with Long beard & slouch hat to bye & Bowie knife. & some one present knew— him & he had gone off
8— Joseph said to [p. 18] that christ & the Resurrected saints will reign over the earth, but not dwell on the earth visit it when go they please or when necessary to govern it. There will be wicked men <​on​> the earth during the 1000 years. The heathen nations who will not come up to worship will be destroyed.
Joseph gave a lecture on med[ic]ine salt vinegar & pepper given internally. & plunging in the river when the parozyism [paroxysm] begin. will cure the Cholera [p. 19]
31 December 1842 • Saturday
31— 9 a,m,— Esqr came in— said told Sec of State that had the writ & he had shewed his letter to <​he​> said he was coming up some time & he would bring it. Joseph Signed a pitition to Gov for a new writ. that his case might be tried theron. 11 A.M. called with Deputy : having the Govr. writ— & &.— the parties repaird immediately to Mess[rs]— & s office where read a Petition to Judge of the U. S. C. C. & Joseph Signd. it. Present Sheriff of Sangamo Co [p. 20] enterd court Room before 11½ A.M. heard several decisions in Bankruptcy.— when read the pitition of Joseph— next stated that the writ & warrant was different from the riqusition [requisition] of the Gov then read s Warra[n]t. then watsons affidavit. next Gov of Riquisition on .— nex[t] Proclamati[o]n of Gov . shewi[n]g that . (with all deffernc [deference] to the ) has made a false statemnt as nothing appears in the affidavit to shew that said Smith ever was in .— said all the authority for transpo[r]tation of persons from one state to another [p. 21] rests on the constitution & the Law of congress— we ask for because the papers are false & because we can prove that Joseph Smith was in this State at the time of the commission of the crime— writ is granted. when will it be returnd.— — it was returnd in one minute— & served.— & Joseph walked up to the bar— after a few mome[n]ts delay.— read the Habeus Corbus and moved the court take bail till the court hear the case.— [:] is the prisoner in custody of court or officers? [:] of the court.— & read the Law[.] Court thought p[r]oper to take bail [p. 22] though it was not only a Misdemeanor. Gen & Gen were— baild in the sum of $2000 4000— 2000 each & Monday was set for Trial— court rose, & as co the co[mpany] dispersed. (for the room was crowded)— and came to the bottom a row commencd. <​one or two rowdies— See Note A. Page 74​> swearing &c— which was quelled by interf[er]ence of the marshall after we had tarried above a few minutes— 20 <​mi​>— one. accompanied Joseph to the s room who was sick— said he had a requisition for renewal of Prosecution in the old case of Treason again[s]t but I happend to know it was all dead.— dined with at returnd to Room. Present Mr [p. 23] & Mr Shields, conversation about <​& — said he was not a re[li]gionist​> Joseph said to the — I have no creed to circumscribe my mind therefore the people do not like me because I do not cannot circumscribe my mind to their creeds. well said the — from reports we had reason to think the mormons were a peculiar people. different from other people. having horns or something of the kind. but I find they look like other people indeed I think Mr Smith <​is​> a very good looking man.—— enquird about the Temple size &c— Mr Shields proposed a question about the <​if it was to subdue the state? Jocularly—​>— Joseph replied We have raised up a Ligeon to defend the [p. 24] state— 2. P.M. returnd to Judg Mr , Marshall— was very friendly. & expressed much sorrow that he could not have the care of Gen Smith.— Joseph appointed Elders & to preach on the Morrow Dr Gray called for an introduction & & Mr Also. after Supper conversation was had on the Nauvoo charter, Joseph Prophecied that before 5 years roled round will acknowled[g]e that it would have been better for him to have followed my his council— had been stating to & that it was possible to revoke political Charters but not Company Charters [p. 25] Joseph argued if a legislature has power to grant a charter for 10 years & has no power to revoke it till the experation thereof, the same principle will hold good for 20. years & for 100 years— & also for a perpetual charter. it cannot be revoked in time.
John Darby, came in said he was going to california Joseph Said I will say as the prophet said to Hezekiah go & prosper— but ye shall not return in peace.— You [James] Brewster may set out for california but he will not get there unless some body shall pick him up by the way feed him &c—— [Zephaniah] Brewster showed me the Manuscr[i]pts [p. 26] I he enquird of the Lord & the Lord told me the book was not true— it was not of him If God ever cal[l]ed me. or spoke by my mouth. or gave me a revelation he never gave revelations to that Brewster Boy or any of the Brewster race
In the P.M. a team ran away & went past the State house. when the cry was raised, Joe Smith is running away. which produced great excitement & produced a sudden adjournment of the House of Reps. [p. 27]
1 January 1843 • Sunday
1843 January— Sunday called to inform us we could have the Hall for preaching This day.
called with Esqr— Gilaspie— , Mr Rusk.— Joseph explained the nature of a prophet. Spirit of Prophecy. which is the testimony of Jesus is necessary to constitute a witness or a preacher. or a prophet. 3 Gents. called— one from Cass county (Esqr Pratt)
10¾ A.M. repaired to House of Repretatives
11½ read the Hymn “Rejoice ye Saints of Latter Days.”— Elder [p. 28] followed in prayr.— The Saints then sung— “The Spirit of God like a fire is burning.” &c 3— verses— then read a portion of the 3d Chapter of Malichi— commencing at the beginning— 6 verses.— although strangers permit me to witness wish you all a happy new Year.— though aware <​of​> the difficultis & prejudices yet we let it all pass by— like the summer threshing floors— for what is chaff to the wheat saith the Lord— Lord whom ye seek &. supposed to be John Baptist. it was not fulfilled at coming christ. . . . after Jews returnd from Babylon— in a sho[r]t time the prophets were killed. Malachi about 500 years before Christ. last Record. Hosea. sawn asunder in the valley of Jehosaphet [p. 29]
From Malachi to John Baptist voice of Revelation was not heard.— John came to prepare the way.— baptizd many of the different sects.— Lawyers &c were the ones who would not be baptized— were the first to pers[e]cute & recive the curses of the Savior died in Jerusalem & ascended from Mt olivet. Temple built by the commandme[n]t of God. recived the heavenly messengers,— it became polluted.— took a whip of small cords &c.— not one stone shall not be thrown down.— German bible says which shall not be broken— Temple Type of the church— Spirit of God is mind of God— when a lad I went out to feed poultry. when the corn was done eve[r]y one went his own way & sung his own [p. 30] song.— when inspiration ceased. eve[r]y one sung his own song. gross darkness covered the people. let us have this temple purified. how shall I educate my son?—— . . . God no longer speaks— there is primafacia— Evdince he never spake to you.— will send his messenger & Lord shall come suddenly.— objectd Angels no more come?— 4 ange[l]s &c in Rev— where Servants of God are sealed have a mark by which God knowns them. send his angels &c.— The Lord has sent his Angel in these last days—— if the christian chu[rc]h will not be cleansd. God will put his finger on this & on that nation. &c & nation will rise agai[n]st nation.— we are neithr catholic or protestant. but like the Temple [p. 31] we have not passed under the poslishing [polishing] of any denomination & the people think to throw down the Latter Day Saint under the rubbish. but they cannot do without us them.— <​ returnd thanks​>
¼— 1 retired for dinner. <​to ​> 2½ returned to the Representatives Hall.— 3.3. read Hymn 154 Page, & followd in prayer. Read Rev 14 C. 6 & 7 verses.— Some object to my Text in Rev. because it is so mysterious. whatever is revealed is not a mystery.— Blessed is he that readeth, &c might refer to the minist[er]ing of angels to Noah Abram Ezekial— Paul, Peter, [illegible].— old. & new Testame[n]t is not the gospel.— as a map is not the country it represents. it tells [p. 32] what the gospel is.— Gospel is good news a savor of life to them that receive or the savor of Death. unto death to those who reject— gospel is the power of God unto Salvation go ye into all the world & preach the Gospel &c these signs shall follow them &c faith. Repenta[n]ce, Baptism, Laying on of hands— certain officers— enough that we have it in the Bible can read of those things which were tong[u]es dreams &c—— a man has a history of a feast in his pocket can read it in the wilderness. to keep from starving.— 4½ returnd thanks to the audience & the Lord. & meeti[n]g dispersd [p. 33]
went to Bro Bowman’s to supper his wife <​Julia Stringham​> was baptizd at colesville one of the first fruits. Many Saints called to see the President— while supper was preparing Joseph related an anecdote. while young his father had a fine large watch dog. which bit off an ear from David Staffords hog, which stafford had turnd into the <​Smith​> corn field. Stafford <​shot the Dog, &​> with six other fellows pitchd upon him unawares. & Joseph whipped. the whole of them.— & escaped unhurt. <​which they swore to as recorded in or ’ss Book​>
while in a Baptist Pri[e]st came in my house & abused my family— I turnd him out of doors. he raised his cane to strike me [p. 34] & continud to abuse me. I whipped him till he begged.— he threatend to proscute me— I sent the cunstable after him & he run him out of the County into Mentor
7 returnd To
2 January 1843 • Monday
January 2d. Monday After breakfast Joseph Prophecid in the name of the Lord God I shall not <​go​> to dead or alive. . from — called conversed on the policy of modifying the city charters
9½ A.M. repaired to the court house. 10— court opend. present. Docket read by the clerk in matter of Joseph Smith. & then of various Bankrupts.— [p. 35] when the court opend Joseph was with his Atorny in his office retsed [rested] while the Docket was reading at the close of the reading— The Marshall waited on 7 Ladies who took their seats beside the The state Attorney requested the case to be continud till tomorrow mor[n]ing out of respect to the officers of State & of the of Wednesday morning was set for trial.— Esqr moveed to file some objections to facts set forth in the —— Joseph smith is not a fugitive from Justice. was not in — [p. 36] at that time— has not been for 3 years— &c but was in when the attack was made on — filed— Ladi[e]s retired— 10½ repaired to the Senate lobby had conversation with Senator . & Mr Webber. (Resolution lost. to make up the defircit [deficit] of the failure of the state Bank to public offices) Major of Sangamon: Senator. appears much like an african Monken [Monkey]. <​at <​one​> moment standing by one stove. the next by another on the opposite side of the chamber. setting down in every senators chair in his way & he never gooes out of his way for his way is every where & his nose in every mans facce. eating apples staring at & pointing & staring at every one. next mome[n]t in the Galery pointing the Ladies to Old Joe. whom. he once drilled his regime[n]t to go again[s]t— & slaugh[t]er him or give him up to an eavesdropper— a monkey without a monkey’s wit​> [p. 37]
wishing to return to gave the names of Witnesses who dined with Josep on the 7[th] of May. . <​canal. Com​> A . Rep at the <​Mrs —​> brick Hotel. <​Jud​> dined with G several Senators came & conversed with Joseph, <​viz— Chief Justice [William] Wilson— of Court.—​>
A discussion arose in the senate on the propriety of Taxing the rich for repair of Road<​s​>. spoke in favor. Bill laid on the Table till 4[th] July.— Mr Repaird 12 oclck to private Room. Mr Nye, called.— dineed at the American [House Hotel] opposite & [Henry] Brown. as we rose from the table Judge Brown invited Joseph to his room. & told him he was about publishing a histo[r]y of — & wished him [p. 38] to furnish a history of the rise & faith of the Church of Latter Day Saints to add to his histo[r]y.—retur[ne]d to Jud[g]e .— A gentlemn from told that the “General impression was that Joseph was innocent. & it would be a kind of murder to give him up— they thought he ought to be whipt a little & let go.
It is evident that prejudice is giving way. & good feeling is gaining ascendency in the public mind.—
4 o clock . states attorny— the Marshall & some ½ dozen others called. the Marshall said it was the fi[r]st time in [p. 39] his administrati[o]n that the Ladies had attended court. on a trial.—
Mr of told the marshall that he tried to pacify the people & keep the peace”. it was false he headed a co[mpany]— & was a leader in the Mob—
remarked “Mr Smith is a very good looking Jovial man[”]
Examind his head said he Jocosely I think he is not particularly given to burglery. rape & murder
Esqr Lindsey had much converati [conversation]
Marshall was very Jovial & [p. 40] pleasant & a peculiarly pleasant & conciliato[r]y feeling prevaaield [prevailed] through the compa[n]y— & the Marshall invitd Joseph to a family dinner when he was freed.—
5 <​o clock​> went to Mr Wm Sollars Mr Bridewood visited. in the eve Elder was present. & after Supper asked what is the situation of the Negro? They come into the world slaves mentally & phy[s]ically. change their situation with the white & they would be like tthem. they have souls & are subjects of salvation go into cincinati— & find one— educated rid[e]s in his carriage he has [p. 41] risen by the power of his mind to his exal[te]d state. of r[e]spectability. Slaves in washington more refind than the presidents. boys will take the shine off those they brush & wait on.—
Says put them on the level & they will rise above me.— Joseph[:] if I raised you to be my equal & then attempt to oppress you would you not be indignant, & Try to rise above me? did not & & ma[n]y others say I was fallen & they were cap[a]ble of Leading the people [p. 42] had I any thing to do with the negro— I would confine them to by strict Laws to their own Species put them on a national Equalization
Because faith is wanting the fruits are not.— No man Since the world was ever had faith without having something along with it. The ancients quenched the violence of escaped the edged of the sword women recevd their Dead. &c by faith the worlds were made.— a man who has none of the gifts— has no faith he deceives himseff if he supposes it. faith has been wanting not only among the heathen but but professed Christedom also.— that Tongues. & heali[n]gs [p. 43] & prophecy. & prophets & apostles & all these gifts & blessings have been wanting.—— Joseph spoke at great length. & edification. to the little co[mpany]
<​obje[c]tions being made to the prophets meeknss​>— I am meek & lowly in hea[r]t I will personify Jesus for a moment to illustrate & you inquiry inquirers— Wo unto you ye Doctors Wo unto you ye scribes pharises & Hypocrits—
You cannot find the place where I ever went that I found fault with their food their drink their house or their Lodging— no never, & this is what is meant & by the meekness & Lowliness of Jesus [p. 44]
Mr Sollars stated that James Mullone— carpenter, of told him he “had been to & seen Joe Smith the prophet. he had a grey horse & I asked him where he got it & the Prophet said, you see that white cloud? yes, well it as it come along I got the horse from that cloud” Joseph replied it was a lie. I never told him so.
<​In referen[ce] to professors Generally.​> what is it inspires us with a hope of Salvation? It is that smooth sophi[s]ticated influence of the Devil by which he deceives the whole world.—
Mr. Sollars says may I not Repent & be baptizd & not pay any attention to dreams & visions. &c? Joseph said suppose I am Travilling. & I am hungry I meet [p. 45] a man & tell him I am hungry. he tells me to go yonder, there is a house for Entertainment, go knock, & you must conform to all the rules of the house or you cannot satisfy your hunger— knock call for food. & set down & eat.— & I go & knock— & ask for food & set down to the table— but do not eat shall I satisfy my hunger— No! I must Eat. the Gifts are the food.—
The graces of the spirit are the Gifts of the spirit.—
Joseph[:] When I first commencd this work & had got 2 or 3 indiv[i]duals to believe I went about 30 miles with — one horse between us to see [p. 46] them. When we arrivd a mob of a hundrd came upon us before we had time to eat. & chased us all night & we arrived back again about 60 miles in all. and without food a little after Day light.—— I have often travelled all night to see the brethren. & often been turnd away without food;— Evening closed by singing & prayer. pr — posted the bed on the floor— Joseph. . &
3 January 1843 • Tuesday
8 [a.m.?] 3d Dec Jan— Tuesday <​1843​> called, after breakfast. on Sister Crane, & blessed the boy, Joseph Smith, retur[ne]d to Judge . present M[r] Trobridge Mr Bears [blank] Mr & Esqr conversed on the old case [p. 47] <​ expressed the best of feeling​>
9½ repaired to court Room. presnt . Owen— , & told a very int[er]esting story concerning ’s. debate with the presbyterian Priest on the Steam boat— Nonpariel in august last. presnt at that time Rev Mr wells. & affidavits prepard during the P.M.— Joseph at. — at Dusk
the Marshall, , calld with subpoena’s & sat some time & re-told the story about Rev . &c— after he retird Joseph prophcied in the name of the Lord that no very formidable [p. 48] opposition would be raised at the Trial on the morrow.—
evening spent in a very social manner— the most harmonious feeling prevaild closd by Singing & Prayer by Elder
Joseph Lodged on the soffa— as he has eve[r]y night but one sinc[e] he has been in [6 lines blank] [p. 49]
wrote drafts of Affidavits
12 retired to

Editorial Note
’s scanty notes recorded here in JS’s journal are the only record known to have been made during this 4 January 1842 hearing. The hearing debate centered on attorney general ’s two objections to the proceedings: first, that extradition was a state matter and, therefore, that the federal court had no jurisdiction; and second, that evidence concerning guilt or innocence could not be heard on habeas corpus. challenged these objections by arguing first that the United States circuit court not only had jurisdiction in the case but under the circumstances had exclusive jurisdiction, since extradition is a matter between two states; and second, that presenting evidence concerning JS’s whereabouts on 6 May 1842 did not establish guilt or innocence but rather that JS was not a fugitive from justice. For JS’s case to fall within the purview of extradition law, he first had to be a fugitive.
then showed the illegality of the documents used to arrest JS. He pointed out that ’s affidavit said nothing about JS having fled from justice in and that Missouri governor had misrepresented the wording of the affidavit in demanding extradition. Boggs’s affidavit simply said that JS was “accessary before the fact” and that he was a “resident of .” Reynolds added that it had been represented to him that JS was “a fugitive from justice.” Butterfield pointed out that JS had not been in Missouri since sometime before the attempt on Boggs’s life and therefore that neither Boggs nor Reynolds had grounds to demand JS’s extradition.

4 January 1843 • Wednesday
Dec <​Jan​>— 4. Wednesday 9 A. Repared to court Room— in ’s officce a few moments
court opened—— while Docket was reading the Ladies came in & took their seats by the side of the [illegible] 6 <​Ladies​> By court “Gentlemn of the Bar any motions. this morning?[”] sworn . <​ —​> [p. 50] matter of Joseph Smith — (2 Ladies come in)
Attory. Gen motion to no Justice Jurisdiction <​(motion of )​>
no jurisdicti[o]n to enquire into any facts behind the writ
<​By the court​>
court will take up the case entire.
— Josph Smith is in custody— under color of authority of the accesary to the shooting of — [p. 51] on the 6[th]. of May
Read the affidavit of 10 witnesses.—
& sworn to affdavit— affidavit. read.
— I am much at a loss how I got into this case as prosecuti[n]g attorney. I dont. know.— <​why th[e]​> district attorny— admitted.—— <​should bring this case in this court. which I contend has​> no Jurisdiction <​except of common Law.—​> of common Law Jurisdiction— 2d condensed report— p 37 page— Ballman— Courts of have no authoritey where there is no Law. evident on the face of the [p. 52] papers that he is not arrested under the authority of the but of our state.— Statute of our own state <​has Jurisdiction​>— not contradictory to laws— <​Read​> Gales Statu[t]e 315. Page— fugitives f[r]om Justice.
whole proceedings illegal untill they can shew is that this law is unconstitutio[n]al— complia[n]ce on the part of the — with law— <​Read​> Conklins Treaties 51.— Page— there is no general jurisdiction— in this case— the only autho[r]ity of this court— in the Digest read.— Conklins Treaties 85.— if sheriff refuses to give up a prisoner [p. 53] he has all the force<​of the state to​> to back him <​Read​> 2d cond[e]nsed 55.— washi[n]gton reports &c
The party attempts to prove an allibi— can such a defence be made here— can the court try this part of the case that smith was in this state.— no court <​is​> competent to try the case, if <​we​> go behind the papers then we can try the whole case;— we are trying the guilt or innocencce.— Court. <​said the​> qustion is not the guilt or innocenc[e]. or but is he a fugitive. . . . <​ said​> if the court could understa[n]d me. <​court​> the court does understa[n]d you perfe[c]tly. if [p. 54] . if the papers are sufficient— you abandon the papers & go into the case. the whole case.— guilt or innocence— did he flee f[r]om Mo? is <​he​> a fugitive f[r]om Justice? is bound to surrender him as a fugitive. has complied with the statute— <​By the​> Court: <​Do you say the​> Judge of the S. C. [supreme court] of could not issue— a ?. [I] dont deny .— party brought up has no right <​to​> go into trial on any of the facts behind Record— <​read​> Gordons Digest— [blank] Charles 2d— Grant Habeus corpus <​Act​>— Large Majority of English Judges submittd to the 12 by Parliamnt 9 Wendell [p. 55] 201 212 page if he prophe[s]ied that should be shot.— where should he be tried? in .— Some instances in , &c &c— on accou[n]t of Slaves &c— one indepedant [independent] state equals anothr indepedat state. decision made for political effect in those cases
Positivily, I take <​it​> this cou[r]t has no Jurisdiction— no disrespect to court.— party not held by united states Laws. but of . <​subject to the Jurisdiction of​> our own Governm[en]t.— if they had a right— it would be only to try the papers. our own Statutes cover the ground. & no other courts have authority. <​the​> Lawyers agree with me. [p. 56] with few Exception.— no Jurisdicti[o]n— no court has power to try the papers.—
. <​ is​> in the dark— <​does not know​> why <​he is made the​> prosecutor— he <​is​> not a prosecutor— but <​is permitted to come in here—​> a matter of corttesy.— fugitives— <​must be taken by​> virtue of the constituti[o]n of the Kents Comme[n]taries 2d vol 32 in th[e] notes. Jud[i]cial power extends in all cases— where the action arises under laws—— Tremendoeas power of the executive to deliver up an affidavit to enquire— into the fact. greater than any Emperor ever used to be transplantd from his home.— Transplanting of Individuals from these colenies [p. 57] to great Britain— 7 years war f[r]amers of Constitution would vest the Governers of the States with the same powers of oppression.— <​suppose he is gui[l]ty in view of the retributive Justice due for the murders &—​>
— affidavit. that Joe Smith has been accesary <​to the shooting of himself​>.— this p[e]ople whom he has compelled to flee f[r]om — <​which does the fleeing refer to​> f[r]om the shooting of — or the fleeing of this people from the Mob
. 1st question by — <​that this court has​> no Jurisdict[io]n to relieve— & says that this is the opinion of the bar— <​I have a​> great respct for the bar— <​but a​> contempt for out door <​& bar room​> opinion; <​without thought. or reading​> this court has exclusive Jurisdiction. Law <​Prisonr​> is [p. 58] arrested under Con of — & Law— arising under the Constitution.— ◊◊w <​power​> 2 sec 4[th] art[icle] Constitution delive[re]d up on dem[a]nd made <​by dema[n]d made under color of Law—​> any Executive of the Union— shall dem[a]nd. & produce copy inditcmnt [indictment] or affidavit. <​the fugitive shall be​> arrestd & securd— was arrested by law of this state— no “<​most​> untruly has it been statd here” Does call <​for him​> by authority of the Laws of or ? No!— by contitutin [constitution] & laws of the .
<​​> b[e]ing a good Gov & good Lawyer & says Requsitin [Requisition]. f[r]om Gov Ford was reqeted [requested] to issue [p. 59] this copy <​because the original writ was out of our reach​>—— <​Constituitn [Constitution] & laws of​> & of this states. law of this state is a furtherance of the is a null & void.— <​the Prisonr looks to​> this C. [court?] for redressed — <​he is​> a prisoner of <​& the​> Govrs— one in issuing Requsitin [Requisition] the other in Warrant.— acted as appointd appointees of the .— bound by oath to support the constituti[o]n of . have done so—— govr. in issuing this warrant acts as agent in carr[y]ing into effect th[e] laws of th[e] —— in custody Under — can he apply to to state courts? would not conflict<​s​> ensue which have [p. [60]] been anticipated by opposite Council 12th Wendell 301 311 a fugitive slave. <​in​> — Jack negro man <​vs​> Mary Martin.— fled f[r]om Lousana [Louisiana] to . pu[r]sued <​arrestd, & taken on​> writ of — action of congress is exclusive on actions— being under law of Congress— decision of the court was they <​(State)​> had no Jurisdicti[o]n:— has not my Client. Joseph Smith. the Rights of a negro?— he has been arrestd under a Law of congress— & must seek redress— before the federal court.—
A war <​betwe[e]n betwe[e]n the Slave &​> non-Slave holding states <​and the non-slave holded states—​> have passed laws— & Juries have had— virgin[i]a passed [p. 61] laws— to reqire bonds of masters of vassels— by retaliation.
Priggs— Comweath of fugitives from Justice & Savvery <​Slaves​> on the same footing.— Congress having passed Laws— the State laws are void.— 5 wheaten— where Congress has legislatd— it is not competent for State<​s​> to Legislate, all power <​is​> in congress— in relation to fugitive Slaves— (Story) last January term S. C. of aid of States is not wantd. they cannot intrude themselves.— Federal Governmnt is competent.
This Court has not only Jurisdicti[o]n [p. 62] but. it is the only court I could bring this case.— Judic[i]al power shall extend to all cases arising under the constitution <​& laws​> of the .— I hope the Gent of the bar— will not give th[e]ir opinons without readi[n]g their books thesee out door opinions— <​are a disgrace to the profession.—​>
Has this court power to issue —? it has— is the return suffi[cie]nt to hold the prisoner in custody without furthr testim[o]ny?
unless it appears on th[e] testimo[n]y that he is a fugitive. it is not suff[i]cient.— affidivit read.— <​it​> does not state he ever was in . that he even was in the [p. 63] state of <​​>— <​it​> states nothi[n]g that would bri[n]g him within the Law of the he must have fled.— shall flee.— knew what he was about. he knew. that Joe Smith had not been in . since the Mormons were murderd— he dare not perjure himself. he thought his Gov— would certify to a lie & save him from perju[r]y
Representd. <​to him​> who made the false & foul statem[en]t that Joe Smith had fled? no body! would swear to it. that the citizns of are not to. be [p. 64] imprisond on reprentatin [representation] to —— sent over the Great father of waters to .— by some necromancy of. <​ajdudictin [adjudication]​> beyo[n]d our controol.—
Copy <​the​> progress of Error. little <​ affidavit— says he was in Ill— that it is was repre[se]nted to him. who reported it​> beyond— Requisiti[o]n— s Writ appears from affidavit. sp◊◊d before — while— writing. no man ought to flee from the Justice of
1st position <​is for​>. the court <​to​> examine all the papers— <​there is not​> a particle of testimony that Joseph has fled from would not have givn up his dog on such a requsitin [requisition]— <​the​> Gent says <​it is​> not [p. 65] necessary it should appear <​that he had fled.​>—— th[e] thought it necessary. or why insert the falsehood?
<​He​> is not subjct to be transportd till <​it is p[r]oved that he is a fugitive​> [blank] <​they​> must prove he has fled— if he is guilty can this court deliver him up?— No!— he must have fled
the Questi[o]n is whither he shall be transpotd [transported] to anothr state or tried on his own soil? <​Traspotd [transported]​> <​to​> Botany Bay or and very indiff[ere]nt which.—
we have shown we were not in . <​he was is​> not a fugitivs. [p. 66] fr[o]m. Justice. he was at office[r]s drill— on 6— & <​in the​> Lodge <​from​> 6— to 9. <​oclck​>— 7t day 300 miles off— <​in uniform​> reviewi[n]g <​of​> the insted of runig [running] away from —— in uniform— Judg— — partook of the hospitality of Gen Smith. <​insted of flee[i]ng f[r]om J​> flee[i]ng from Justice. <​he​> Dini[n]g on cou[r]ts.— high[e]st cou[r]ts in ou[r] land.
have I a right to try him, have a right to try
power of .— is pretty well settled— <​there is​> no proof in <​the​> writ that he is a fugitiv f[r]om Justice— [p. 67] 3 Peters 193.— Tobias Watkins. convictd of embezzling money.— cannot go behind the Judgme[n]t. where Judmett [Judgment] is not issued, can go behind the writ, <​same​> nature of writ of Error— body of Prisoner & cause of commitment— 3 cranchen [Cranch] 447—
3d Bacons abridgmnt to qustn [question] proposed to 12 Jud[g]es—— where a person is so imprisond that the cou[r]t cannt discha[r]ge yet unjustly.— manife[s]tly to unwarrentable means,—— <​clear on ——​>
most clear & undoubted testim[on]y this man are not [p. 68] manife[s]tly agai[n]st law & Justice.
<​is the​> — <​a​> Civil— or criminal? not crimi[n]al— civil proceeding whithe[r] the law of this state on — Statute of this <​state​> that prison[er] may may make allegation <​&​> cou[r]t shall hear— in H. Corpus <​the​> Laws of the State shall be regarded by the cou[r]ts where they are held. statute of this state. prisoner shall be allowed to controvert on trial this as well as promissory note
not only controvert the return but that he is not to be surreded [surrendered] or discharged [p. 69]
<​ Read​> 9 Wendell 212. when a person is brought on Habeus C. court is not to enquire <​into th[e] guilt or innocen[c]e—​> authority is again[s]t it, 9 wendell previous to 12 Wendell. & <​is​> all set aside. has he fled? & not, is he guilty?— if Smith was in this state, says , constructively in that state, <​I​> dont wish to go into a spiritual disquisition.— <​the words​> shall flee occurr 3 times <​in the constitution​>— <​th[e]​> removal <​is​> not spiritually, but bodily.— look at it.— states have passed Laws to take effect out of the State <​where they were passd​> but they are void. <​suppose​> [p. 70] passed a Law to prevent any person from speaking disrespe[c]tfully of her inability to pay her debts <​we​> Might have ½ the <​before our cou[r]ts​> for Saying we could not pay our debts.— Alabama ag[ain]st — in case of Williams— Wms had been Spiritually there had not fl[e]d— f[r]om the Justice of that state. <​the​> Right to demand & power to give up coextensive. <​ was not an ab[o]litionist as the Gent wo[u]ld intimate​>— ⅔ ’s Message to abuse abolitionist
that an attempt should be made to deliver up a man who has never ben out of the state strikes at all the liberty— <​of our instituti[o]ns​> his fate to day may bee yours tomorrow [p. 71] I do not think the def[e]ndant <​ought​> under any circumstances to be deliverd up to — it is a matter of history that he & his people [blank] <​have been murderd & drivn from th[e] state— he—​> had better been sent to the gallows— he is an innocent & unoff[e]nding man the differnc [difference] is this people beleiv in prophecy & othrs do not old prop[h]ets prophicid in Poet[r]y & the modern in Prose—
<​went into the Judges room. introduced to one senator— & some Ladies— Mrs [Susanna] Ford​> ½ Ladies retir[e]d—
read f[ro]m 12 Wendell case of Williams on th[e] pa[r]t of th[e] to act. no court [p. 72] coult [could] compel him to act
differe[n]ce of opinion of the north & south.
Court adjorn till 9 tomor[ro]w morning for making up opini[o]n
retired to ,— after Dinner. Joseph was with & in the chamber & Bro & mended the bellows. & dug some horse raddish with — 5½ eve Joseph— Gen . & took their departure in carriage to visit his house.— & returnd about 11’o clock.— giving a very intersting account of th[e]ir visit with & family. <​— & ​> . & many others see page 76 [p. 73]
<​See page 23—​> Note A. as came to the head of the stairs some man observd there goes Smith the prophet and a good looking man he is. & (said another) as damnd a rascal as ever lived. then repli[e]d & a good many Ditto.— yes said the man Ditto. Do.— God Dam you & any one that takes his part is as dam[n]ed a rascal as he is— then at the foot of the stairs. Law— says I am th[e] man. & I take his part.— you are a damnd ra[s]cal to[o] <​you are​> a Liyng <​schondrl [scoundrel]​> said the man <​Law—​>.— & <​the man​> began to take of[f] his clothes & went out [p. 74] in the street. & the marshall interferd— &c much credit is due to the marshall for his dilignc [diligence] in quelling the. mob—
<​Jan 4​>
The court Room was crowded the whole of the Trial. & the utmost decorum— & good feeling prevailed— Much prejudice was allayed.— managd the case very learnd & Judiciou[s]ly. preceded by who made some very pathetic. allusions to our suffe[r]ings in . was not severe apparently saying littl more than the natu[r]e of his situation requird— & no more than would be usefull in satisfying the public mind— that there had been a fair investigation— of the whole matter. [p. 75]
had a Most splindid Supper with many intersting anecdotes.— & every thing to render the visit agreeable. [14 lines blank] [p. 76]

Editorial Note
’s disjointed phrases in the following entry reflect his efforts to capture Judge ’s decision as it was given.
In his decision, agreed with that extradition was a constitutional matter and that the federal circuit court was an appropriate venue for the hearing. To the objection of attorney general that the court was not empowered to go behind the writ to look at the merits of the case, Pope stated that “the court deems it unnecessary to decide that point, inasmuch as it thinks Smith entitled to his discharge for defect in the [] affidavit. To authorise the arrest in this case the affidavit should have stated distinctly, 1st. That Smith committed a crime. 2d. That he committed it in Missouri.
“It must appear that he fled from Missouri to authorise the Governor of Missouri [] to demand him. . . . The Governor of Missouri, in his demand, calls Smith a fugitive from justice . . . [and] expressly refers to the affidavit as his authority for that statement. , in his affidavit, does not call Smith a fugitive from justice, nor does he state a fact from which the Governor had a right to infer it. Neither does the name of appear in the affidavit, nor does Boggs say Smith fled. Yet the governor says he has fled to the state of . But Boggs only says he is a citizen or resident of the state of Illinois.
“For these reasons,” concluded, “Smith must be discharged.”

5 January 1843 • Thursday
January 5, 1843 8½ repaired to s room. 9. enterd Cort Room— the room was crowded— before the[y] Entered, with spectators. Mostly of a very respctable class in society. anxious to hear the decision— although the public exp[r]ession was decididly in favor of an acquittal
9 & 10 mituts [minutes] the Judge. . enterd preceded by 2 ladises [ladies].— court opend—
Docket called— 4 more Ladises enterd and took seat beside th[e] while the docket was reading (four councillors sworn &c) <​in​> matter of J Smith <​the cou[r]t​> has taken occasion to examine
thanks to gentlemn of th[e] bar [p. 77]
move it is more. [blank] any other case
the fnd [founders?] of th[e] Constituti[o]n of the [blank] states of this
bloodshed— causd by collisi[o]n
nati[o]nal & p◊◊◊tiald [impartial?] Govmt take cha[r]ge
Congress— power to regulate commerc[e] & fugitive [p. 78]
Reat fo this provisi[o]n of constutin [Constitution] of th[e] U. S.—
crime was comm[i]tted in mo if th[e] P. had escaped— f[r]om to
duty of congress—
Laws of its own creation—
not of Partake of th[e] Passions— &
power shoud be [p. 79]
J.—S. appled [appealed?] to the— court.
sangamo[n] Co—
. professes to
Laws of th[e] &
court deemed it.— Repctful [Respectful] that the — be informd
Ex[e]cutive & were infod [informed] Atto[rne]y Gen appeard. [p. 80]
& objected. when th[e] p◊◊◊◊◊ [prisoner?]— was— under [illegible] [oath?]—
under Author[i]ty of S[tate]. Ill.
congress— of — had no power to confer the Authority in th[e]
2d Sec 4 art read.
will be perceivd this clause cannot executee itseeff [itself]
what testimony. shall— [p. 81]
[pages 82–83 blank] [p. 82] [p. 83]
the power of congress to pass &c
shortly after. [blank] ex[e]cutive to
testim[o]ny copy of indictmnt or affidavit
Clause of aff[i]davit c◊◊p◊◊◊ [complies?]
claimed by ex[e]cutive of the state Indictmnt of Affi[davit]—
where Congress has power to Legislate [p. 84]
on <​in​> the .
in order to maintain the Postin [Position] of th[e] — that congress of
the Law had any effect. power only to carry into effect the Law—
no power to carry th[e] Constituti[o]n
duty of th[e] govener to obey.
authority confirmd by Con[gress]
& laws of U. [S.] [p. 85]
therefor this Cou[r]t has Juris[di]ction— &—
power to issuee .
been contended by U. S. Atto[rne]y Gen. has st Atny
Cou[r]t has no auth[orit]y to— try writs by Gov—
encrochmt [encroachment] from the [illegible]
It was not for petty crime—
but these high [p. 86]
offences. chas. 2d Magna Chata [Carta]
howe free it may be its without . act offered means to evry man of enj[oy]ing that libe[r]ty
no mattr how mean the prisoner. [blank] how high the keeper—
fr[o]m Garret to Dungeon
duty of evry court into full
deny it does not entrd to G◊◊◊. [Govr.?] is ridiculus [p. 87]
ben contended court cannot go behind the warr[a]nt unnecessary to Go behi[n]d into that poi[n]t
& if ever the impotace [importance] of a scrutiny into th[e] acts of the executive
Constituti[o]n. flee m[a]y
be by Indictm[en]t or affidavit
a crime in th[e] state [o]f .—
court will turn
swears [p. 88]
on 6 m[a]y 1842
was shot & his life was dispard.
good reason to beli[e]ve
does not say that he was a fugitive fr[o]m Justice
does not say who he was accessory to
this is evide[n]ce
wh[a]t does th[e] say
knew. no arresti[n]g without pr[i]nciple
accused. accessory to Mr
not a w[o]rd of his flig [fleeing] f[ro]m Jus[t]ice. [p. 89]
. actd on affidavit.
was shot by .
smith accessory
how cautious Judges shud be [blank] & how loosely Executives officers do act
was shot.
Smith accesory
Citizen of
warrant [blank] issue for Joseph— S.
2 parts
Can a citizen of Ill be transp[o]rted to . to be [p. 90]
tried for a off[e]nce committed
cannot violate a law he has not promisd to obey
Man naturally is a sovereign but when he enter into a state of soci[e]ty
up[o]n princ[i]ple of consent that soci[e]ty shall protect
has that society a right to give him up
by tribunals he has
never created
place him befor tribunals [p. 91]
[2 unnumbered pages blank]
from witnesses
would violate every contract.
this is th[e] princ[i]ple
no man here but may be admitt
deliver up Jos Smith. any indiv[i]dual
true every writer— every state should be
responsible shall review no ann[o]yance for the[i]r neighbor . [blank] — [p. 92]
right of Territ[o]rial bou[n]dary
home his castle when depatd [departed?] f[r]om var [various?] crimes may complain of if ther has been aggressi[o]n
bou[n]d to see that no annoyan[c]e is suffered by any state. [blank] milatay [military] <​Expediti[o]n​> agai[ns]t may bring nations amenab[l]e
if J. Smith aided & abetted might be the duty to provide for acts of th[e] kind that has nothi[n]g to [p. 93]
J. S. cannot be trieed in . offence must be committed where— what would necssarly [necessarily] be the acti[o]n Congress. & laws? the evidence should be so specifice as to leave no doubt— a crime was committd.
where the crime was committd— to the state where th[e] crime
the Gov of th[e] state wher crime was committd . is the p[r]oper [p. 94]
if ever there was a case where th[e] Judge ought to scrutinize this is th[e] case—
Court ◊◊◊◊◊◊t [correct?] so any auth[o]rity why he should be gov
Affidavit defntion [definition] J S. is accessory befor th[e] fact.
who constitutd competnt to advise this cou[r]t
quetin [question] of Law— facts cort has to do with
must affirm crime was [p. 95]
committed. Believes & has good reason to believe now in his possession
who ever heard of a mans being arrested.
reasons may have ben futile—
court might not think them very good
another Qu[e]stion now— familiar princ[i]ples own opinion. charged with treason felony or othr crime shall be delivrd suspects J S. as accessory [p. 96]
cou[r]t must put a constrctin [construction]
where there is fear of escapee.
issue a warrant to detain for examination cou[r]t dont concur process on mere suspicion motive fear that he will escape is done away— parties have time to collect testim[o]ny submit it to Grand Jury impeach congress—— only an impechmt [impeachment] charged us[e]d in this Constrctin [Construction]. positive not suspic[i]on [p. 97]
says he was shot on 6[th] May. (Ladies— [blank]) & his affidavit made 20 July following— shall not find a indictment befor Judgm[en]t.
had time to bring a S◊◊◊◊◊◊ [Securing?] of the Citizens of those U. States.— should be transported. unless on positive charge. not on Suspici[o]n—
mature reflection Affidav[i]t so impefits so imperf[e]ct.—
J. Smith be dischar[ge]d & the entry be made so that [p. 98]
<​he shall be​> to secure him from any <​from any further​> furthr arrests on this <​troubled <​no more​> in this matter.— in relati[o]n to this <​the​> matter touchi[n]g this​> prosecuti[o]n—— (Joseph arose & bowed to the cou[r]t.—) Spctatrs [Spectators] retired. & court adjornd to 10 o’clock Tomorrow.—
Joseph repared to s romm [room] & spent 1 hour in conversation with his honor. showing that he did not profess to be a prophet then evry man ought. who professes to be a preacher of Righteousness— that the testim[o]ny of Jesuss is the spirit of Prophecy. & preached to the asked him to Proph[e]cy how [p. 99] ma[n]y inhabita[n]ts would come to ,— Joseph repli[e]d I will not tell you how ma[n]y inhabita[n]ts will come to but. I will tell you what I said when I came to , I told them I could build up a city— & the old inhabitants said— we’ll be damnd if you can So I prophecid that I could build up a city. & the inhabtns [inhabitants] prop[h]esied I could not. we have now about 12000 inhabtnts. I will prophecy we will bu[i]ld a great city. for we have th[e] stakes. & we have only to. [p. 100] fill up the interstices.— Joseph came in the Clerks office after he left the who by the bye— was very attentive & agreeable,— & said to the clerks. that he had been disappntd in one thing.— which appeard to allay their pleasure for the moment. but said he I have met with less prejudice & better & more noble & liberal feelings on the part of the people generally than I expected.— befor I came. which lighted evry coun-tena[n]ce. with Joy— after maili[n]g letters to [p. 101] & retird to Gen — when Secretary went to prep[ar]ing the s Decision for the press on request of . per Presidnt Joseph.
visited — with .— had conversations concerning the abuse which had been received from & the officers— Joseph askd if he or the assigneee could sell the Lots on the purchase in . [:] neithr can sel. all the assignee can sell is Josephs Right. the conveyance [p. 102] has not ben made by therefore it reverts back again to him.— Joseph has nothing to do with paying the rema[i]nder which is due in the event he is discharged on bankruptcy.—
visited at Mr Mc Graws in the eveni[n]g had a very social visit.— & had a disquisiti[o]n on ph[r]enology. Slept in the front chamber with Secreta[r]y. [5 lines blank] [p. 103]
6 January 1843 • Friday
January 6t 1842[1843] after finishing a copy of decision. went with Joseph & presentd the same to the Judge
we were in the court Room with & the Clerk Joseph gave 2 notes of $230. each for his fees bind— <​Note signd by Joseph Smith — & ​> $40 he had reivd [received]— $500 in the whole— took certified copiees of the Affidavit of Requ[i]sition, Writ as reissu[e]d by and Joseph Petition petition, Carlins Proclamati[o]n, . order of Court Josephs affidavit. and aff[i]davits of Eleven othrs— and all the [p. 104] doings of the court certified by the the clerk— & the order of the govenor theron— shewing that Joseph is discharged from all prosecuti[o]n on the case of the arrest on Requisiti[o]n from ,
Joseph visited to request a copy of his decision for the wasp & not let Mr [Simeon] Francis have the fir[s]t chance as he has publishd much again[s]t us & we have a little pride in being the first. said he could not well. deny Mr Francis but he would give Gen. the first chance of copying the decision as soon as it should be written [p. 105]
After the had certified the decision of court & the papers he offered a little advice to Joseph that he refrain from all political electioneer-i[n]g—— Joseph shewed him that he always had acted on that p[r]inciple & & proved it by . & Secy. qu[i]te to the satisfaction of the — as it appeared that the Mormons were driven to union in their elections by perscution & not by the influence of Joseph. & that the Mormons actd on the most perfect principles of liberty, in all their moveme[n]ts. [p. 106]
In the court room enquired the price of lots in said if he became a mormon he should want to come & live with us.— had conversation on the subject of Religion—— s wishd me well. & hoped I should not be perscutd [persecuted] him any more I Jos Blessed him— conversd with Owens. Catholic.— when we retired the Lawyers were laughing at him saying that he would be a mormon in 6 weeks if he would go to . said Joseph must deposite his discharge & all th[e] papers in the archives of [p. 107] the Temple, when it was completed.— 3½ P.M. retired to — eveni[n]g calld said [John] Cochran Representative f[r]om. Union had brought charges or insinutins [insinuations] again[s]t the mormons. saying certain things false in the Mormon Bible.— The Man[a]ger of the Theatre sent a ticket for <​Gen​> Joseph Smith to attend the theatre this eve— but the action was dispensed with on account of the weather.— [p. 108]
[page 109 blank] [p. 109]
7 January 1843 • Saturday
January 7.— Saturday 8½ left on our way to . & arrivd at 4 P.M. Travelling very bad much of the way snow fell the ev[en]ing previous on th[e] mud which had not frozen— though extremely Cold. so as to turn the horses white with frost. while riding Gen sung the following Hymn.
And are you sure the news is true?
and are you sure he’s free?
Then let us Join with one accord,
And have a Jubilee.
We’ll have a Jubilee. my frie[n]ds [p. 110]
We’ll have a Jubilee
With heart & voice we’ll all rejoice
Because <​In that​> our Prophet’s free
Success unto the Federal Court.
presiding there;
And also his associates too,
So lovely & so fair
3 Chorus
Also <​And​> to our learn’d councillors
We owe our gratitude
Because that they in freedom’s cause
Like valiant men have stood
4 Chorus
In the defence of Innocence,
They made the truth to bear; [p. 111]
& baseness both
Did fearlessly declare
[illegible] 5 Chorus see B 114 page
The names of & <​Edwards & & ​>
We’ll mention with applause
Because that they like champions bold
Support the Federal Laws
6 7 Chorus
One word [illegible] in Praise of
That Democrat so true;
He understands the people’s Rights
And will protect them too.
7 8 Chorus
There is one more we wish enrol’d
Upon the book of fame
That Master spirit in all Jokes
And— ’ but in name [p. 112]
8 Chorus see C. 114
With warmest hearts we bid good bye
To those we leave behind
The citizens of all
So courteous & So kind.
9 <​15​> Chorus
And now wer’e bound for home my fri[en]ds
A. band of brothers true.
To cheer the heart of those we love
In beautiful
We’ll have a Jubilee my Fri[en]ds
We’ll have a Jubilee
With heart & voice we’ll all rejoi[ce]
In that our prophets’s free [p. 113]
Note B. 6.— [Chorus]
The of the
His duty nobly did
And ably brought those errors forth
from which we now are fre[e]d.
9 C— chorus
we’ll praise in song
She’s succour’d us in deed
And we will succour her again
in evry time of need
10 Chorus
Our Charter’d Rights she has Maintaind
Through opposition Great
Long May her Charter Champ[i]ons live
Still to protect the state,
chorus [p. 114]
11 <​13​>
And we cannot pass
Without a word of Praise
For he’s the king of comic Song
As well as common comic ways.—
And the fair Ladies of his house
To <​th[e]​> thank them we take pains <​flowers of Morgan’s plains​>
Who from the soft Piano bring
Such soul enchanting strains,
We’ll have a Jubilee my friends
Well have a Jubilee
With heart & voice we’ll all rejoice
In that our prophet’s freee
We’ll stand by her through sun & shade
Through calm & sunshine too
And when she needs our s Aid
’Tis ready at .
Chorus [p. [115]]
which was writtn and sung repeatedly during the evining with many other songs & stories and the whole party were very cheerful. and had a rich entertainment.—
we retired at a late hour and rose early
8 January 1843 • Sunday
Sunday January 8. 1843. 8 oclk & rode th[r]ough . past Beardstown crossed the on the ice and arrivd at Rushville 4. P.M.— soon after a man, Mr Royalty [p. [116]] 6½ feet high called to see us.— after supper— we repaird to s & sung the Mormon Jubilee.— repo[r]ted his invention for national dfenc [defense]—— no prospect of the nation adopting
virul invulnerable
greek fire
agai[n]st the dstrutin [destruction] instantly seald.— turnd my attention to Land operatin compositi[o]n by mineral 100 ft f[l]ame or steam— engins
300 yr— [p. [117]]
some plans & diagrams behind movable battris [batteries] cutters &c on wheels— by steam if level. confidence of an individ[u]al at — [blank] made a propositi[o]n— for operatin in the South.— Northe[r]n Provinces of Mexico— with a small force— if it was not commitd with the . Some othe[r] power will avail itself vessel contain machine ball cannot get at it. cannon ball— will dest[ro]y [p. [118]] 300 ft— by land. by. breast works
account f[r]om [Samuel] Colt. proposd the same thing to Mr Madison,— services of Rand.— explode their magazine by conducti[o]n,—
to determ[in]e precisely— method of determ[in]ing when the vessel comes over magazine.— land explosions.— [blank] will not effect our shipping— but an enemy— [blank] obse[r]vation by Telescope—— [blank] meet an army. Batt[e]ry moved up touch off—— [blank] approach an enemy undd [under] cover of sand bags [p. [119]] engine for beseiging city defedd [defended] by india Rubber &c
Joseph said he had thought that the Lord had designd the apparatus for some more magnificnt purpose than for the defence of nations.— [9 lines blank] [p. [120]]
9 January 1843 • Monday
Monday January 9. Started 8½— o clock for roads pretty good but smooth or icy. when 2 miles beyond Brooklyn at 12½ noon— while — & was in the covered carriage. & going descending a steep hill. the horses Boltd. the carriage slipped & capsized— & feell off the side of the bridge 5 feet descent broke the cariage— some on the Top & the fore axletree which we soon splicd & withed— & went on no one being injured— which we considered a special inte[r]position [p. [121]] of Providence. & agre[e]d that . should pay the damage [5 lines blank]
arrivd at ’s in 4. P.M.— after supper. Josph went to see his sister with & Secy. The first time he had visited her in the State of while there the Joseph spoke [p. [122]] of his friends particularly his fathers family— in general. & particularly of his brother . that he was a very handsome man. Surpassd by none but Adam & Seth. & of great strength. while 2 Irish-men were fighting & one was about to gouge the others eyes, took him by his collar. & breeches & threw him over the ring which had been formd to witness the fight.—— while there my heart was paind to witness a lovely & of Joseph. almost barefoot & four lovely children entirely so— in the middle of winter [p. [123]] Ah! thought I what has not Joseph & his fathers family sufferd to bring forth the work of the Lord? we I sang the Mormon Jubilee— to cheer our hearts. & we retur[ne]d to s— Ju[s]t before the close of the meeting in the school house— where preached.— soon after. as some had calld to see the prophet we all collected & sang the Jubilee. & retired.— [5 lines blank] [p. [124]]
10 January 1843 • Tuesday
Januay 10 Tuesday 8½ started for . had a prosperous journy— stopping only to water our horseses at the public well in . arrived at General Smith[’s] at 2½ P.M. when this family & fri[e]nds assembld together— & sang the <​Mormon​> Jiubilee soon after came in & got hold of his arm before he saw her which produced a very agreeable surprize on his part. & the was overjoyed to behold her son free once more [p. [125]]
11 January 1843 • Wednesday
11 Wednesday Joseph rode out in his sleigh with his startd to go to Bro Russels to apologize about the broken carriage. broke sleigh shoe. & retur[ne]d— visitd by a co[mpany] of Ladies & Gentlemen. f[r]om Farmington [Iowa Territory]. on the — left. at 2½ P.M.— directed <​written​> Invitations to be given to .— , . , [blank] , . . , , , H[arvey] Tate. , , . [p. [126]] , with their Ladies, & Mrs ,— to a dinner Party on wednedy [Wednesday] next at 10. A.M. <​x​> . , . Sisters. Partrige . , . wer afterwa[r]ds added [9 lines blank] [p. [127]]
12 January 1843 • Thursday
Thurday 12 January At home all day [15 lines blank] [p. [128]]
13 January 1843 • Friday
Janury 13 Friday at home till near sun set When Bro Russel [Samuel M. Russell] called to see if $20 had been recived said he put it in his brothers [Daniel Russell’s] bag where both their monies were deposited & his bro said if there was $20 due the chu[r]ch he must make it good.— then went to bro to see Sophia [Marks] who was sick heard her relate the vision or dream of a visit fr[o]m her two brothers who were dead.— Touching the associati[o]ns & relations of anothr wolrd [p. [129]]

Editorial Note
, who was keeping JS’s journal, indicated in his own journal that he was ill much of the time between 14 and 31 January 1843. This may account for the abbreviated nature of some of the entries in JS’s journal during this time.

14 January 1843 • Saturday
[7 lines blank] January 14. Saturday Rode out with in the forenoon. evening in special council in the chamber— to pray for Sophia Marks [p. [130]]
15 January 1843 • Sunday
Sunday Janry 15 at home— [15 lines blank] [p. [131]]
16 January 1843 • Monday
Monday January 16 [16 lines blank] [p. [132]]
17 January 1843 • Tuesday
Tusday Jannuay 17 at home fast day[.] Meeting in the court Room. <​Refere[n]ce <​with 6. other​> on s Land case​> [12 lines blank] [p. [133]]
[page [134] blank] [p. [134]]
18 January 1843 • Wednesday
January 18th. 1843 party <​began to​> assembld at the time appointd & before 12 oclock the Julibee songs— by & were distributed by the govenr of the feast to fifty indivduals.— the party invited except . who were seated in the Court Room. who sung the same— then read a vision from a paper & Sister Marks came in.—
Gen <​S​>. I will call your atte[n]tion to one of the most enticing cases you ever saw.—— he then arose & read a letter f[r]om to. To & dat[e]d Janury 10 1843. Stating that was [p. [135]] soon going to hav Joseph arre[s]ted on the old score f[r]om Mo. &c for murder. &c.— shewd Josph the Letter. did not want to have it known that he had any hand in shewing the letter— Joseph said he had sent word to Gov— by that before he would be troubld any more by — he woud fight first—
Dreamed that a sheriff came after me. a man put a musket in my hand & told me to keep him. I took the musket & walked round him. when he went to go [p. [136]] away I would push him back & if others came to trouble him I would keep them off—
conve[r]sation continued freely until 2 oclock when 21. sat down to dinner. the Govenor & in waiting— while thus serving the table. Joseph stated that this was not only a Jubibee but commemoration of his marriage to . Just 15 years this day.
20 sat at the 2d table
18 at the 3d table including Joseph & . with many Jokes
<​15 at the 4th table including children—​>
prea[c]hed a Methodist Sermon. & [p. [137]] rec[e]ived a votee of thanks from the company. & he continud to tell story. told the Eddy Story [13 lines blank] [p. [138]]
[page [139] blank] [p. [139]]
19 January 1843 • Thursday
Thursday Jan 19, At home through the day except. out in the a little while in the fore noon. [12 lines blank] [p. [140]]
20 January 1843 • Friday
Friday Jan 20— visited President returnd at 10 oclock— & gave some inst[r]uctions about & uniting in writing the history of the chu[r]ch.— presnted some poetry. to Joseph Smith. the Prophet.— “Will you go with me in—[”]
Joseph told his dream in council— I dreamd. this morni[n]g that I was in the Lobby of the Representative Hall. at . when some of the members who did not like my being there. began to mar & cut. & pound my shins with pieces of Iron.— I bore [p. [141]] it as long as I could. then Jumped over the rail into the hall. caught a rod of Iron. & went at them cursing & swearing at them in the most awful manner. & drove them all out of the hou[s]e I went to the door & told them to send me a clerk & I will <​would​> make some laws <​that would do good​>
There was quite a collection aro[u]nd the <​state​> house trying to raise an army to take me.— & there were many horses— tied round the square. I thought th[e]y would not have the privilige of getting me so. I took a rod of Iron & mowed my way. through their way <​ranks​> [p. [142]] looking after their best race horrse thinki[n]g they might catch me when the[y] could find me when I was awake.)
To dream of flying signifies prosperity & delivenc [deliverance] f[r]om Enemies
Swimming in deep waters signifies success among Many people,— the word will be accomp[an]ied with power.— told when he spoke in the name of the Lord. it should prove true. but do not cu[r]se the people
prop[h]ecy in the nam[e] of the Lord God as soon as we get that temple built so that [p. [143]] we will not be obliged to exhaust our means. thereon we will have means to gather the sai[n]ts by thousnds & tens of thosnds
told of the excellnt white wine he drank in the east. Joseph prophcid in the name of the Lo[r]d— that he would drink wine with him in that country.—
Joseph— From the 6th day of April next. I go in for preparing with all present for a mission thogh [through] the . & when we arrive [p. [144]] at we will take ship— for England. & so on to all countries where we are a mind for to go.— pr[es]ent . . . . , . .—
we must write for we must have the whole. — we must Send Kings & Queens to & we will do it.
We mu[s]t all start f[r]om this place
Let the 12’ be calld in on the [p. [145]] 6[th] of April— & a notice be givn by for a special at on the platform on House of the Lord.— We are sure to go as we live till spring.—
If I live I take these breth[r]en through these . & th[r]ough the world.— & I will make Just as big a wake as god Almighty will let me
<​4. P.M.​> . . & & . & confirmd them. to all the authority. of his former office.— [p. [146]]
[ page [147] blank] [p. [147]]
21 January 1843 • Saturday
Saturday January 21— went out in the City with to look at some Lots [6 lines blank]
22 January 1843 • Sunday
Sunday January 22d Preached at the Temple on the setting up of the Kingdom [5 lines blank] [p. [148]]
23 January 1843 • Monday
Monday January 23 visited with in the evening who is sick
Bro came home from England. where he had been sent by the acc[o]rding to Revelati[o]n to procure help for the Temple
24 January 1843 • Tuesday
Tuesday January 24 At home till P.M. Rode out with .— eve at Lodge— for trial of .— which was posponed.— &c till Tuesday eve next. [5 lines blank] [p. [149]]
25 January 1843 • Wednesday
Wednesday January 25 [7 lines blank]
26 January 1843 • Thursday
Thursday January 26 [8 lines blank] [p. [150]]
27 January 1843 • Friday
Friday January 27 [7 lines blank]
28 January 1843 • Saturday
Saturday Januay 28[th]. Played ball & rode round the city with Mr Taylor. land agent f[r]om
Snowed some
steamer went from over the falls to . [p. [151]]
[page [152] blank] [p. [152]]
29 January 1843 • Sunday
Sunday Jany— <​29​> meeting am [a.m.] florr of the Temple Joseph Read the parable of the prodigal Son after prayer by . then singing by the Quoir
I feel thankful to Almigty God. for the privilege of stanndig [standing] before you this mor[n]ing it is necessary that the hearers should have good & honest heart as well as the speakers I rise to address you on the important subjct. of the Prodagal Son
2 Items I wish— to noticce Last sabbath.— 2 questions
saying of Jesus concerning John. a greater prophet. than Jonh [John]. [p. [153]]
2,— least in the kingdom of God Greater than he.—
some so blind they wont see. I dont expect I can wo[r]k mira[c]les enough to open
greatest propht. what constitudd him.—— no prop[h]et, if do no miracles John did no miracles.—
How is it John was considerd one of the Greatest of Prophe[t]s? 3 things
1st he was trusted with a divine missoin [mission] of preparing the way before the face of the Lord.— [blank] Trust before or since? no man!—
2d He was trusted & it was reqird at his ha[n]ds to baptize the son of Man. who evr did that? who [p. [154]] had so gr[e]at a privelige & glory?—
son of God into the waters of baptism & beholding the Holy Ghost.— in <​in the sign​> the form of a dove.— [blank]— [blank] with the sign of the dove. institutd before the creation Devil could not come in sign of a dove.— Holy Gh[o]st is a personage in the form of a personage.— does not confine itself to form of a dove.— but in sign of a dove.— No man holds the book more sacred than I do.—
3d. John at that time was the only legal admini[s]trator holding the of Power thr [there] was on Earth.
the keys the kingdm the power the glory from the Jews son of Zachari[a]h by the holy anoi[n]ting decree of heaven [p. [155]] these 3 constitutd him the greatest born of woman.
He that is least. in the Kingdom is gre[a]ter than he? who did the Jesus have refere[n]ce to?— Jesus. was looked up[o]n as the having the least claim in all gods kingdom.—
He that is considerd the least among you. is greater than John! that is myself.—
anothr qestin [question], Law. & prophts were until John. since which time the kingdom of heaven is preaching preachd & all men pass into it.—
additional proof— to what I offered you on the last sabbath. that that was the beginn[in]g of the Kingdom [p. [156]]
Prodigal Son.— when you have heard go & read your bible. if the things are not verily true.—
great deal of speculation. Subjct I never dwelt upon.— understood by many— to to one of the intricate subjects.— s in this church preach.— no rule of interpretation.— what is the rule of interpretati[o]n? Just no interpretati[o]n at all. understand precisely as it read.— I have Key by whi[c]h I understa[n]d the scripture—— I enqire what was the question whi[c]h drew out the answer.——
nati[o]nal. Ab[r]aham. &c as some suppose 1st. place dig up the root— what drew out the saying out of Jesus? Pharises & scribes murmured? this man [p. [157]] recevess [receives] sinners & eatheth with them. this is the key word.— to answer the murmuring & qustioning of Saducees & Pharisee how is it this man <​is​> as great as he pretends to be. & eat with publican & sinners.—— Jesus not put to it so but he could have found somthing if the had discerned it for nations.— Men in an individaul capacity. all straining on this point is a bubblee.— Boy <​Boyys​> say ought to be hanged can tell it to you.
big folks Presbyterins. Methodists. Baptists &c. [blank] despise the ignorance & abomination of this world.—
this man reciveth sinners— he spoke this parable.— what man of you having an hundrd. sheep <​&c​> 100 saducees & Pharisees [p. [158]] If you pharisees & saduce[e]s are in the sheepfold. I have no mission for you sent to look up sheep that are lost will back him up.— & make joy in heaven— hunting after a few individuals Laying it on his Shoulder— one publican you despise.— [blank] one piece of Silver— the piece which was lost.— Joy in presence of the angels over one sinner that repe[n]teth so rightous they will be damned any how you cannot save them. rain off f[r]om a gooses back— G[r]eat I. little you—
certain man had two sons.— &c
am a poor publican a sinner— humble themselves. spending their bread. & living— &c Ill return to my fathrs house. to Jesus you pharises so righteous you cannot [p. [159]] be touched.— I will arise &cclaim not be a pharisee or saducee. I claim not to be a son do not let