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Bill of Damages, 4 June 1839

Source Note

JS, Bill of Damages, , Adams Co., IL, 4 June 1839; handwriting of ; eight pages; JS Collection, CHL. Includes redactions, use marks, docket, and archival marks.
Two bifolia measuring 12¼ × 7½ inches (31 × 19 cm). The document was folded for transmission and perhaps for filing. At some point, its leaves were numbered in graphite. In the 1840s or early 1850s, church historian docketed the upper left corner of the first leaf: “Joseph’s Bill of Damages | vs. Missouri June 4 | 1839”. Later, the two bifolia were fastened together with a staple, which was subsequently removed. The document has marked soiling and some separation along the folds. An archival marking—“d 155”—was inscribed in the upper right corner of the first leaf.
Following its completion, the bill of damages was temporarily in the possession of and other church scribes, who in June and July 1839 revised and expanded the document for publication. The bill of damages was possibly among the documents a Latter-day Saint delegation carried to in winter 1839–1840. If so, the document was included with the “additional documents” that were in the custody of the Senate Judiciary Committee from 17 February 1840 to circa 24 March 1840, after which the documents were retrieved by the church delegation. The document has probably remained in continuous institutional custody since that time, as indicated by ’s inscription of a copy in JS History, 1838–1856, volume C-1, in 1845 and by the docket and archival marking that were subsequently added to the document.

Footnotes

  1. [1]

    Richards served as church historian from December 1842 until his death in 1854. (JS, Journal, 21 Dec. 1842; Orson Spencer, “Death of Our Beloved Brother Willard Richards,” Deseret News, 16 Mar. 1854, [2].)

    Deseret News. Salt Lake City. 1850–.

  2. [2]

    The scribes may have added the use marks when preparing the document for publication. (See Historical Introduction to “Extract, from the Private Journal of Joseph Smith Jr.,” July 1839.)

  3. [3]

    Journal of the Senate of the United States, 17 Feb. 1840, 179; 23 Mar. 1840, 259–260; Elias Higbee, Washington DC, to JS, [Commerce, IL?], 24 Mar. 1840, in JS Letterbook 2, p. 105; see also Bushman, Rough Stone Rolling, 391–394.

    Journal of the Senate of the United States of America, Being the First Session of the Twenty-Sixth Congress, Begun and Held at the City of Washington, December 2, 1839, and in the Sixty-Fourth Year of the Independence of the Said United States. Washington DC: Blair and Rives, 1839.

    Bushman, Richard Lyman. Joseph Smith: Rough Stone Rolling. With the assistance of Jed Woodworth. New York: Knopf, 2005.

  4. [4]

    Jessee, “Writing of Joseph Smith’s History,” 441; JS History, vol. C-1, 948–952. Bullock may have added the use marks after he finished copying the document in 1845, and Richards may have added the docket around the same time. The archival marking was added in the twentieth century.

    Jessee, Dean C. “The Writing of Joseph Smith’s History.” BYU Studies 11 (Summer 1971): 439–473.

Historical Introduction

On 4 June 1839, JS prepared a bill of damages describing his suffering and losses during the 1838 conflict in and his subsequent imprisonment. This document was one of several hundred that prepared in an effort to seek redress from the federal government for their losses in Missouri. In March 1839, while JS was imprisoned in the in , Missouri, he wrote to the Saints in , instructing them to document “all the facts and suffering and abuses put upon them by the people of this state [Missouri] and also of all the property and amount of damages which they have sustained.” JS explained in a letter to his wife that after documenting the damages, church members should “apply to the Court.” The Saints subsequently altered this strategy, deciding in early May to send to to present Congress with church members’ claims for redress. That month, Latter-day Saints began in earnest to write affidavits, most of which were sworn before local government officials, describing church members’ suffering and detailing the loss of life and property.
JS prepared his bill of damages on 4 June 1839 during a visit to church members in , Illinois. JS’s regular scribe, , was not in Quincy at the time, so assisted JS with the document. Thompson had prior experience as a scribe for the church and had recently been assigned to write a history of the church’s persecutions in . This assignment may have contributed to JS’s decision to work with Thompson on the bill of damages. The earliest extant version of the manuscript, featured here, is lengthy and fairly polished, suggesting there was at least one earlier draft.
The bill of damages begins with a brief description of JS’s travels from , Ohio, to and his experiences in Missouri during summer 1838. The document then focuses on the October 1838 conflict with anti-Mormons in Missouri, including the expulsion of the Latter-day Saints from Carroll County and the Saints’ aggressive military operations to defend themselves in . In his description of the operations, JS highlighted the participation of state militia leaders—Brigadier Generals and Hiram Parks as well as Colonel of the regiment of the state militia—while deemphasizing the actions of the Latter-day Saints’ “armies of Israel.” The bill also covers the state militia’s occupation of , as well as the incarceration of JS and others during winter 1838–1839, including unfair treatment of the prisoners, their attempts to obtain hearings, and their escape to in April 1839. The document concludes with a list of damages and expenses totaling $100,000. Unlike the vast majority of affidavits that Latter-day Saints made in 1839, JS’s bill of damages was not sworn before a government official.
In June and July 1839, penciled in changes to the text of the bill of damages, apparently in preparation for publication. Since these changes were probably made for a purpose distinct from the intention of the original document, these revisions are not reproduced here. Thompson’s changes, as well as other revisions and additions, were included in the bill of damages when it was published as “Extract, from the Private Journal of Joseph Smith, Jr.” in the July 1839 issue of the church periodical Times and Seasons.

Footnotes

  1. [1]

    Letter to Edward Partridge and the Church, ca. 22 Mar. 1839.

  2. [2]

    Letter to Emma Smith, 21 Mar. 1839.

  3. [3]

    Historical Introduction to Letter from Sidney Rigdon, 10 Apr. 1839; Minutes, 4–5 May 1839.

  4. [4]

    See, for example, James Newberry, Affidavit, Adams Co., IL, 7 May 1839; Joseph Dudley, Affidavit, Adams Co., IL, 11 May 1839; Phebee Simpson Emmett, Affidavit, Adams Co., IL, 14 May 1839, Mormon Redress Petitions, 1839–1845, CHL.

    Mormon Redress Petitions, 1839–1845. CHL. MS 2703.

  5. [5]

    JS, Journal, 27 May–8 June 1839.

  6. [6]

    Mulholland was in Commerce, Illinois, during JS’s visit to Quincy in late May and early June 1839. (JS, Journal, 27 May–8 June 1839; Mulholland, Journal, 19 May–8 June 1839.)

    Mulholland, James. Journal, Apr.–Oct. 1839. In Joseph Smith, Journal, Sept.–Oct. 1838. Joseph Smith Collection. CHL. MS 155, box 1, fd. 4.

  7. [7]

    “Extracts of the Minutes of Conferences,” Times and Seasons, Nov. 1839, 1:15; Authorization for Almon Babbitt et al., ca. 4 May 1839; Snow, Journal, 1838–1841, 50–54.

    Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

    Snow, Erastus. Journals, 1835–1851; 1856–1857. CHL. MS 1329, box 1, fds. 1–3.

  8. [8]

    For more information on the “armies of Israel,” see Introduction to Part 3: 4 Nov. 1838–16 Apr. 1839.

  9. [9]

    “Extract, from the Private Journal of Joseph Smith Jr.,” Times and Seasons, July 1839, 1:2–9.

Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. *Bill of Damages, 4 June 1839 History, 1838–1856, volume C-1 [2 November 1838–31 July 1842] “History of Joseph Smith” “History of Joseph Smith”

Page [3]

was also petitioned to afford us some assistance: He sent a company off of about 100 men but instead of affording us any relief we were told by that he could afford none in consequence of the greater part of his Company under their officers Capt. having mutinized about 70 waggons left for and duri[n]g their Journey were continually insulted by the mob who threatened to destroy us: in our Journey several of our Friends died and had to be interred withou[t] a Coffin & under such Circumstances which were extreemly distressing: Immediately on my arrival of at we are I was informed by that from that a company of about 800 were marching towards a settlement of our Brethren in and he advised that thee we should immediately go to protect our Brethren in (in what he called Whites town) untill he should get the malitia to put them down immediately a company a company of malitia <​to the number of sixty​> who were going on their rout to that place he ordered back beleiving <​as he said​> that they were not to be depended upon and to use his own language were “damned” rotten hearted” Colonel Hinckle aggreeably aggreable to the advise of a number of our Brethren volunteered to go to to render what assistance they could <​My labors having been principally expended in w[h]ere I intended to take up my residence & having a house in Building & having of other prosperty there I hastened up to that place &​> While I was there a number of the Brethrens Houses were burnt and depredations were continually committed such as driving off Horses, Cattle Sheep &c &c Being deprived of shelter & <​others​> having no safety in their Houses which were scattering and continualy <​being alarmed​> at the approach of the mobs: they had to flock togeth[er] and their sufferings were under very great in consequence of their defenceless situation being exposed to the [p. [3]]
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Document Information

Related Case Documents
Editorial Title
Bill of Damages, 4 June 1839
ID #
462
Total Pages
8
Print Volume Location
JSP, D6:492–505
Handwriting on This Page
  • Robert B. Thompson

Footnotes

  1. [12]

    The Latter-day Saints in De Witt petitioned King for assistance in early October 1838. Parks apparently learned of the Saints’ plight independently on 3 October; the following day, he led two militia companies, one of which was commanded by Captain Bogart, to De Witt. Parks found the anti-Mormon vigilantes were waiting for additional reinforcements before launching a direct attack on church members. He told church member John Murdock that Parks “could do nothing because of the mob spirit in his men.” (Murdock, Journal, Oct. 1838, 102; David R. Atchison, Booneville, MO, to Lilburn W. Boggs, Jefferson City, MO, 5 Oct. 1838, copy; Hiram Parks, Carroll Co., MO, to David R. Atchison, Booneville, MO, 7 Oct. 1838, copy, Mormon War Papers, MSA; John Murdock, Lima, IL, to Sister Crocker et al., 21 July 1839, CHL.)

    Murdock, John. Journal, ca. 1830–1859. John Murdock, Journal and Autobiography, ca. 1830–1867. CHL. MS 1194, fd. 2.

    Mormon War Papers, 1838–1841. MSA.

    Murdock, John. Letter, Lima, IL, to Sister Crocker et al., 21 July 1839. CHL.

  2. [13]

    See Murdock, Journal, 13–15 Oct. 1838, 102–103; see also Sidney Rigdon, Testimony, Nauvoo, IL, 1 July 1843, p. [5], Nauvoo, IL, Records, CHL.

    Murdock, John. Journal, ca. 1830–1859. John Murdock, Journal and Autobiography, ca. 1830–1867. CHL. MS 1194, fd. 2.

    Nauvoo, IL. Records, 1841–1845. CHL. MS 16800.

  3. [14]

    On 13 October 1838, Bogart stated that “the Daviess & Livingston Co people and many from others, are on their way to Daviess County with one field piece, with the determination to prevent there [the Latter-day Saints] settling in that County at all hazards.” The anti-Mormon vigilantes also evidently intended to expel church members already living in Daviess County. JS and other church leaders may have learned of the vigilantes’ plans before the church leaders’ return to Far West on 14 October 1838. Doniphan, who apparently arrived in Far West on 15 October, may have confirmed reports of the vigilantes’ plans or may have informed JS of the size of the force. As John Corrill recalled, it was “believed by all . . . that the next day there would be eight hundred [vigilantes] to commence operations” in Daviess County. (Samuel Bogart, Elkhorn, MO, to Lilburn W. Boggs, 13 Oct. 1838, copy, Mormon War Papers, MSA; Corrill, Brief History, 36–38; Sidney Rigdon, JS, et al., Petition Draft [“To the Publick”], pp. 28[a]–[28b].)

    Mormon War Papers, 1838–1841. MSA.

  4. [15]

    Likely Adam-ondi-Ahman, the principal Latter-day Saint settlement in Daviess County. Doniphan perhaps called the settlement “Whites town” because Lyman Wight was one of the first church members to move there, his home served as the headquarters for surveying and platting the town, and he was considered the town’s leader before Adam-ondi-Ahman was organized as a stake on 28 June 1838. At that time, Wight was appointed a counselor in the presidency of the stake. (JS, Journal, 18 May–1 June 1838; Minutes, 28 June 1838; see also Berrett, Sacred Places, 4:399–402, 416, 438–444.)

    Berrett, LaMar C., ed. Sacred Places: A Comprehensive Guide to Early LDS Historical Sites. 6 vols. Salt Lake City: Deseret Book, 1999–2007.

  5. [16]

    The company was probably composed of Colonel William Dunn’s state militia troops, whom Parks sent to Daviess County. Parks confirmed that Doniphan disbanded Dunn’s men. (Hiram Parks, Richmond, MO, to David R. Atchison, 21 Oct. 1838, copy, Mormon War Papers, MSA.)

    Mormon War Papers, 1838–1841. MSA.

  6. [17]

    Rigdon recalled that Doniphan advised church leaders in Caldwell County to go to Daviess County “in very small parties, without arms, so that no legal advantage could be taken of them.” Rigdon explained that “no considerable number of men armed can pass out of one county into or through another county” without authorization from the civil authorities of the other county. (Sidney Rigdon, Testimony, Nauvoo, IL, 1 July 1843, pp. [8], [9], Nauvoo, IL, Records, CHL.)

    Nauvoo, IL. Records, 1841–1845. CHL. MS 16800.

  7. [18]

    On 16 October 1838, approximately 300 men from Caldwell County, including JS, arrived in Daviess County. Although George M. Hinkle was colonel of the Caldwell County regiment of the state militia and a respected military leader among the Saints, it is unclear what role he played in the Mormons’ October military operations in Daviess County, as Latter-day Saints David Patten, Lyman Wight, and Seymour Brunson were the principal field commanders during the targeted strikes on Gallatin, Millport, and Grindstone Fork. In the November 1838 hearing, following Hinkle’s disaffection from the church, he claimed that he “went down [to Daviess County] without being attached to any company, or without having any command,” and that he openly opposed the burning of buildings and the confiscation of non-Mormon goods. Despite subsequently claiming that he opposed these tactics, Hinkle reportedly accepted the position of commander of infantry in the Caldwell County division of the “armies of Israel” on 24 October in Far West. (John Smith, Journal, 16 Oct. 1838; Foote, Autobiography, 21 Oct. 1838, 30; George M. Hinkle, Testimony, Richmond, MO, Nov. 1838, pp. [40]–[41]; Sampson Avard, Testimony, Richmond, MO, Nov. 1838, [6]; George Walters, Testimony, Richmond, MO, Nov. 1838, pp. [37]–[38], State of Missouri v. JS et al. for Treason and Other Crimes [Mo. 5th Jud. Cir. 1838], in State of Missouri, “Evidence”; for more information on the Latter-day Saint raids in Daviess County in October 1838, see the Introduction to Part 3: 4 Nov. 1838–16 Apr. 1839.)

    Smith, John (1781-1854). Journal, 1833–1841. John Smith, Papers, 1833-1854. CHL. MS 1326, box 1.

    Foote, Warren. Autobiography, not before 1903. Warren Foote, Papers, 1837–1941. CHL. MS 1123, fd. 1.

  8. [19]

    TEXT: Possibly “prospects”.

  9. [20]

    A church-sponsored land survey in May 1838 allocated JS 320 acres in Adam-ondi-Ahman, as well as other land in Daviess County, in anticipation of obtaining legal title through preemption. According to William Swartzell, who was then living in Adam-ondi-Ahman, on 26 July 1838 Latter-day Saint men were “employed in getting out logs for brother Joseph Smith’s house.” (JS, Journal, 19 and 21 May 1838; “Record Book A,” in Sherwood, Record Book, CHL; Berrett, Sacred Places, 4:456–458; Walker, “Mormon Land Rights,” 14–20, 29–31; Swartzell, Mormonism Exposed, 25.)

    Sherwood, Henry G. Record Book, ca. 1838–1844. CHL.

    Berrett, LaMar C., ed. Sacred Places: A Comprehensive Guide to Early LDS Historical Sites. 6 vols. Salt Lake City: Deseret Book, 1999–2007.

    Walker, Jeffrey N. “Mormon Land Rights in Caldwell and Daviess Counties and the Mormon Conflict of 1838: New Findings and New Understandings.” BYU Studies 47, no. 1 (2008): 4–55.

    Swartzell, William. Mormonism Exposed, Being a Journal of a Residence in Missouri from the 28th of May to the 20th of August, 1838, Together with an Appendix, Containing the Revelation concerning the Golden Bible, with Numerous Extracts from the ‘Book of Covenants,’ &c., &c. Pekin, OH: By the author, 1840.

  10. [21]

    See Elisha H. Groves, Affidavit, Columbus, IL, 6 May 1839; Solomon Chamberlin, Statement, no date; Urban Stewart, Affidavit, Montrose, Iowa Territory, 7 Jan. 1840, Mormon Redress Petitions, 1839–1845, CHL; and Hyrum Smith, Testimony, Nauvoo, IL, 1 July 1843, p. 6, Nauvoo, IL, Records, CHL.

    Mormon Redress Petitions, 1839–1845. CHL. MS 2703.

    Nauvoo, IL. Records, 1841–1845. CHL. MS 16800.

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