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Journal, December 1842–June 1844; Book 4, 1 March–22 June 1844

1 March 1844 • Friday Page 1 2 March 1844 • Saturday Page 2 3 March 1844 • Sunday Page 3 4 March 1844 • Monday Page 4 5 March 1844 • Tuesday Page 7 6 March 1844 • Wednesday Page 8 7 March 1844 • Thursday Page 9 8 March 1844 • Friday Page 26 9 March 1844 • Saturday Page 28 10 March 1844 • Sunday Page 30 11 March 1844 • Monday Page 34 12 March 1844 • Tuesday Page 35 13 March 1844 • Wednesday Page 36 14 March 1844 • Thursday Page 37 15 March 1844 • Friday Page 38 16 March 1844 • Saturday Page 39 17 March 1844 • Sunday Page 40 18 March 1844 • Monday Page 41 19 March 1844 • Tuesday Page 42 20 March 1844 • Wednesday Page 44 21 March 1844 • Thursday Page 45 22 March 1844 • Friday Page 46 23 March 1844 • Saturday Page 47 24 March 1844 • Sunday Page 48 25 March 1844 • Monday Page 49 26 March 1844 • Tuesday Page 50 27 March 1844 • Wednesday Page 51 28 March 1844 • Thursday Page 52 29 March 1844 • Friday Page 53 30 March 1844 • Saturday Page 54 31 March 1844 • Sunday Page 55 1 April 1844 • Monday Page 56 2 April 1844 • Tuesday Page 57 3 April 1844 • Wednesday Page 58 4 April 1844 • Thursday Page 59 5 April 1844 • Friday Page 60 6 April 1844 • Saturday Page 61 7 April 1844 • Sunday Page 65 8 April 1844 • Monday Page 73 9 April 1844 • Tuesday Page 77 10 April 1844 • Wednesday Page 80 11 April 1844 • Thursday Page 81 12 April 1844 • Friday Page 82 13 April 1844 • Saturday Page 83 14 April 1844 • Sunday Page 87 15 April 1844 • Monday Page 88 16 April 1844 • Tuesday Page 89 17 April 1844 • Wednesday Page 90 18 April 1844 • Thursday Page 91 20 April 1844 • Saturday Page 93 21 April 1844 • Sunday Page 94 22 April 1844 • Monday Page 95 23 April 1844 • Tuesday Page 96 24 April 1844 • Wednesday Page 97 25 April 1844 • Thursday Page 98 26 April 1844 • Friday Page 99 27 April 1844 • Saturday Page 101 28 April 1844 • Sunday Page 102 29 April 1844 • Monday Page 104 30 April 1844 • Tuesday Page 105 1 May 1844 • Wednesday Page 106 18 May 1844 • Saturday Page 123 2 May 1844 • Thursday Page 107 3 May 1844 • Friday Page 108 4 May 1844 • Saturday Page 109 5 May 1844 • Sunday Page 110 6 May 1844 • Monday Page 111 7 May 1844 • Tuesday Page 112 8 May 1844 • Wednesday Page 113 9 May 1844 • Thursday Page 114 10 May 1844 • Friday Page 115 11 May 1844 • Saturday Page 116 12 May 1844 • Sunday Page 117 13 May 1844 • Monday Page 118 14 May 1844 • Tuesday Page 119 15 May 1844 • Wednesday Page 120 16 May 1844 • Thursday Page 121 17 May 1844 • Friday Page 122 19 May 1844 • Sunday Page 124 20 May 1844 • Monday Page 125 21 May 1844 • Tuesday Page 126 22 May 1844 • Wednesday Page 127 23 May 1844 • Thursday Page 128 24 May 1844 • Friday Page 131 25 May 1844 • Saturday Page 132 26 May 1844 • Sunday Page 133 27 May 1844 • Monday Page 134 28 May 1844 • Tuesday Page 138 29 May 1844 • Wednesday Page 139 30 May 1844 • Thursday Page 140 31 May 1844 • Friday Page 141 1 June 1844 • Saturday Page 142 2 June 1844 • Sunday Page 143 3 June 1844 • Monday Page 144 4 June 1844 • Tuesday Page 145 5 June 1844 • Wednesday Page 146 6 June 1844 • Thursday Page 147 7 June 1844 • Friday Page 148 8 June 1844 • Saturday Page 149 9 June 1844 • Sunday Page 150 10 June 1844 • Monday Page 151 11 June 1844 • Tuesday Page 152 12 June 1844 • Wednesday Page 154 13 June 1844 • Thursday Page 155 14 June 1844 • Friday Page 156 15 June 1844 • Saturday Page 157 16 June 1844 • Sunday Page 158 17 June 1844 • Monday Page 160 18 June 1844 • Tuesday Page 162 19 June 1844 • Wednesday Page 164 20 June 1844 • Thursday Page 166 21 June 1844 • Friday Page 167 22 June 1844 • Saturday Page 169

Source Note

JS, “President Joseph Smith’s Journal,” Journal, 4 vols., Dec. 1842–June 1844; handwriting and signatures of
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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; 1,045 pages; JS Collection, CHL. Includes shorthand and illustrations; also includes redactions, use marks, and archival stickers.
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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kept “President Joseph Smith’s Journal” in four small memorandum books. The paper in book 1 is blue, while the paper in books 2–4 is white. In the first two books, the paper was printed with seventeen blue lines and extra space for page headers, whereas the paper for book 3 was printed with nineteen blue lines and no header space. The first eight gatherings of paper for book 4 were printed with sixteen blue lines and header space, while the last nine gatherings were printed with nineteen blue lines and no header space. The four volumes have 147, 160, 142, and 190 free leaves, respectively, and were sewn with all-along sewing. The leaves in books 1–3 were trimmed to measure 6 × 3¾ inches (15 × 10 cm), while the paper in book 4 measures 6¼ × 3¾ inches (16 × 10 cm). Books 2–4 have matching red-speckled stain on the page edges. All four books were bound with a tight-back case binding and have brown leather over pasteboards. Books 1–3 measure 6¼ × 4 × ¾ inches (16 × 10 × 2 cm); book 4 measures 6⅜ × 4 × ¾ inches (16 × 10 × 2 cm). The outside covers of book 1 feature an embossed pattern around the borders. The cover of book 4 is red and features a gold pattern around the borders on the front and the back.
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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inscribed most of the journal entries in these memorandum books with a quill pen in ink that is now brown, although he also used blue ink for several entries. The volumes also include inscriptions written in graphite, some of which are contemporaneous and some that are later redactions. Richards paginated the first 114 of the 285 inscribed pages in book 1—discounting the title page that precedes the pagination—and the first 20 of the 309 inscribed pages in book 2. There is no pagination in books 3–4. In book 2, pages 11, 17, and 20–21 feature illustrations of celestial observations.
The
Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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memorandum books include later inscriptions that are not transcribed in this edition. At the end of book 2,
Thomas Bullock

23 Dec. 1816–10 Feb. 1885. Farmer, excise officer, secretary, clerk. Born in Leek, Staffordshire, England. Son of Thomas Bullock and Mary Hall. Married Henrietta Rushton, 25 June 1838. Moved to Ardee, Co. Louth, Ireland, Nov. 1839; to Isle of Anglesey, Aug...

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added a list of
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

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-era plural marriages. A few revisions, additions, or notes are penciled in throughout the volumes. There are also several use marks throughout the volumes—probably made when the journal entries were later revised for inclusion in the “History of Joseph Smith” published in Mormon newspapers in the mid-nineteenth century.
1

This serialized history drew on the journals herein beginning with the 4 July 1855 issue of the Deseret News and with the 3 January 1857 issue of the LDS Millennial Star.


The spines of the volumes are now labeled with blue-colored paper stickers that probably date from the early Utah period.
2

The labels on the spines of the four volumes read respectively as follows: “Joseph Smith’s Journal—1842–3 by Willard Richards” (book 1); “Joseph Smith’s Journal by W. Richards 1843” (book 2); “Joseph Smith’s Journal by W. Richards 1843–4” (book 3); and “W. Richards’ Journal 1844 Vol. 4” (book 4). Richards kept JS’s journal in the front of book 4, and after JS’s death Richards kept his own journal in the back of the volume.


Each of the four volumes also bears the mark of a square sticker removed from the upper right-hand corner of the outside front cover. Finally, a “Historian’s Office Archives” self-adhesive paper sticker appears in the front inside cover or on the first flyleaf of each book.
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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identified himself as the scribe for the journal on the title pages of books 1 and 4. Because Richards kept the journals for JS and kept his own journal in the back of book 4 after JS’s death, the books may have been among “Drs [Richards’s] private books & Papers” listed in the 1846 inventory of church records made in
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
, Illinois.
3

“Schedule of Church Records, Nauvoo 1846,” [1], Historian’s Office, Catalogs and Inventories, 1846–1904, CHL.


Comprehensive Works Cited

Historian’s Office. Catalogs and Inventories, 1846–1904. CHL. CR 100 130.

The volumes are listed in inventories made in Salt Lake City, Utah, by the Church Historian’s Office in 1855, 1858, and 1878, as well as in the 1973 register of the JS Collection.
4

“Inventory. Historian’s Office. 4th April 1855,” [1]; “Contents of the Historian and Recorder’s Office G. S. L. City July 1858,” 2; “Index of Records and Journals in the Historian’s Office 1878,” [11]–[12], Historian’s Office, Catalogs and Inventories, 1846–1904, CHL; Johnson, Register of the Joseph Smith Collection, 7.


Comprehensive Works Cited

Historian’s Office. Catalogs and Inventories, 1846–1904. CHL. CR 100 130.

Johnson, Jeffery O. Register of the Joseph Smith Collection in the Church Archives, the Church of Jesus Christ of Latter-day Saints. Salt Lake City: Historical Department of the Church of Jesus Christ of Latter-day Saints, 1973.

These archival records and the physical evidence of archival stickers indicate continuous institutional custody and authenticity.
Note: The journal
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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kept for JS is divided into four physical books. The transcript and annotation here are for book 4, covering 1 March through 22 June 1844. The transcript and annotation for the other three books are also available on this website; book 1 covers 21 December 1842 through 10 March 1843, book 2 covers 10 March through 14 July 1843, and book 3 covers 15 July 1843 through 29 February 1844.

Footnotes

  1. [1]

    This serialized history drew on the journals herein beginning with the 4 July 1855 issue of the Deseret News and with the 3 January 1857 issue of the LDS Millennial Star.

  2. [2]

    The labels on the spines of the four volumes read respectively as follows: “Joseph Smith’s Journal—1842–3 by Willard Richards” (book 1); “Joseph Smith’s Journal by W. Richards 1843” (book 2); “Joseph Smith’s Journal by W. Richards 1843–4” (book 3); and “W. Richards’ Journal 1844 Vol. 4” (book 4). Richards kept JS’s journal in the front of book 4, and after JS’s death Richards kept his own journal in the back of the volume.

  3. [3]

    “Schedule of Church Records, Nauvoo 1846,” [1], Historian’s Office, Catalogs and Inventories, 1846–1904, CHL.

    Historian’s Office. Catalogs and Inventories, 1846–1904. CHL. CR 100 130.

  4. [4]

    “Inventory. Historian’s Office. 4th April 1855,” [1]; “Contents of the Historian and Recorder’s Office G. S. L. City July 1858,” 2; “Index of Records and Journals in the Historian’s Office 1878,” [11]–[12], Historian’s Office, Catalogs and Inventories, 1846–1904, CHL; Johnson, Register of the Joseph Smith Collection, 7.

    Historian’s Office. Catalogs and Inventories, 1846–1904. CHL. CR 100 130.

    Johnson, Jeffery O. Register of the Joseph Smith Collection in the Church Archives, the Church of Jesus Christ of Latter-day Saints. Salt Lake City: Historical Department of the Church of Jesus Christ of Latter-day Saints, 1973.

Historical Introduction

Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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took over the responsibility of keeping JS’s journal from
William Clayton

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charnock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into Church of Jesus Christ of Latter-day Saints by Heber...

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on 21 December 1842, the same day JS “made a particular request” that Richards “act as his private se[c]retary & historian.”
1

JS, Journal, 21 Dec. 1842.


This was the second time Richards kept JS’s journal; he had also kept it between 13 December 1841 and 29 June 1842 before leaving for
Richmond

Post village located along Housatonic River about 160 miles west of Boston. Settled 1760; incorporated 1765. Population in 1850 about 900. Jennetta Richards Richards corresponded with JS from village regarding his friendship with her husband, Willard Richards...

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, Massachusetts, to bring his family to
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
, Illinois. During Richards’s absence, Clayton kept JS’s journal, inscribing entries, as Richards had done, in the large Book of the Law of the Lord, which also contained records of donations for the
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
temple

Located in portion of Nauvoo known as the bluff. JS revelation dated Jan. 1841 commanded Saints to build temple and hotel (Nauvoo House). Cornerstone laid, 6 Apr. 1841. Saints volunteered labor, money, and other resources for temple construction. Construction...

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. Clayton continued keeping the journal—JS’s first Nauvoo journal—even after Richards returned to Nauvoo on 30 October 1842, probably because, as temple recorder, Clayton was the custodian of the Book of the Law of the Lord.
2

Historical Introduction to JS, Journal, Dec. 1841–Dec. 1842.


When Richards resumed keeping JS’s journal on 21 December 1842, he began using a much smaller memorandum book. This second Nauvoo journal was kept by Richards through 22 June 1844 and eventually comprised four such memorandum books.
Several pieces of evidence indicate that these four memorandum books were considered volumes of the same journal rather than separate journals themselves. For example, whereas JS’s journals kept during the 1830s were recorded in bound books or notebooks labeled with different titles—such as “Sketch Book” or “The Scriptory Book”
3

Source Note to JS, Journal, 1835–1836; Source Note to JS, Journal, Mar.–Sept. 1838.


—the first and last of
Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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’s memorandum books bear virtually identical titles, with the fourth explicitly identified as “vol 4”. Similarly, that books 2 and 3 lack titles suggests that each was simply a continuation of the previous book. This suggestion is made even stronger in book 2, in which the first entry commences at 4:00 p.m. on 10 March,
4

JS, Journal, 10 Mar. 1843.


with the events of the earlier part of the day recorded at the end of book 1. All four memorandum books are virtually the same size, and the bindings on the first three are similar.
As with nearly all the entries in JS’s previous
Missouri

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

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and
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

More Info
journals, JS neither wrote nor dictated the text of the entries in the memorandum books; they are based on
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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’s observations. For example, the entry for 22 September 1843 records only that Richards “saw Joseph pass in a waggon with Hiram.”
5

JS, Journal, 22 Sept. 1843.


Despite the secondhand nature of the entries, however, Richards, a close associate and frequent companion of JS, was able to capture in detail JS’s words and actions on many occasions.
The shift of
Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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’s office from temple recorder and scribe to JS’s “private se[c]retary & historian,” as well as the transfer of the journal out of the Book of the Law of the Lord, may have influenced what events Richards recorded in the memorandum books. At least some of the material Richards, as JS’s private secretary, included in this journal—such as the detailed record of a medical malpractice suit over which JS presided—probably would have received much less emphasis had Richards, in the capacity of temple recorder and scribe, been keeping JS’s journal in the book that also contained records of donations for the temple. Similarly, although the ledger-size Book of the Law of the Lord likely remained in the recorder’s office and most journal entries were probably made there, each of the memorandum books was small enough that Richards could easily carry it with him, allowing him to record many of JS’s activities closer to the actual event—both temporally and spatially—than was possible earlier.
Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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’s new title of historian was significant as well. On 1 December 1842, he began working on the “History of Joseph Smith” that was being serially published in the Times and Seasons, and by August 1843 he was drawing on JS’s earlier journals for that history.
6

JS, Journal, 1 Dec. 1842 and 20 Jan. 1843; see also “History of Joseph Smith,” Times and Seasons, 15 Mar. 1842, 3:726–728.


Richards therefore likely expected that the contemporaneous journal entries he was keeping for JS would eventually be used as the basis for JS’s history.
Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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employed various techniques in keeping the journal. For a few entries, he made lightly penciled notes and returned later with a quill pen to expand the entry. In other entries, the morning or afternoon portion of an entry was written in one ink and the evening portion of the entry in a different ink that matches that of the following entry. These changes in writing media and in other aspects of the inscribed text indicate that many entries—or parts of entries—were made on the very day of the events they described. The textual evidence in other entries indicates that they were written several days after the date they bear. Still other entries are a hybrid. Richards’s notes of sermons and legal proceedings, for example, bear evidence of both contemporaneous inscription and later revision. In some instances, Richards left blank spaces and even blank lines, apparently intending to add details later. Hurried note taking often resulted in missing words, informal abbreviations, inconsistent spelling, and poorly formed characters. Richards revisited some difficult passages to mend or rewrite characters, revise spelling and punctuation, and add interlineations. Some of the blanks were filled while others were left standing. Richards’s notes include both immediate emendations, such as wipe-erasures made while his ink was still wet, as well as later revisions, such as knife-erasures of words written in ink that had dried. The various ways in which Richards wrote and revised entries resulted in the journal’s uneven texture but also contribute to its wealth of immediately recorded information and clarifying additions.
Over time,
Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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settled somewhat into a pattern of generally recording the events of one day on one page—some pages largely empty and others filled with cramped writing—with weather reported at the bottom of the page. He made an entry for almost every day during the last year and a half of JS’s life. The journal ended when JS left
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

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on 22 June 1844, five days before he was killed at the jailhouse at
Carthage

Located eighteen miles southeast of Nauvoo. Settled 1831. Designated Hancock Co. seat, Mar. 1833. Incorporated as town, 27 Feb. 1837. Population in 1839 about 300. Population in 1844 about 400. Site of acute opposition to Latter-day Saints, early 1840s. Site...

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, Illinois. Richards accompanied JS to Carthage and, during the final days of JS’s life, kept extensive notes of JS’s activities in his personal journal.
7

See Appendix 3.


Note: The journal
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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kept for JS is divided into four physical books. The transcript and annotation here are for book 4, covering 1 March through 22 June 1844. The transcript and annotation for the other three books are also available on this website; book 1 covers 21 December 1842 through 10 March 1843, book 2 covers 10 March through 14 July 1843, and book 3 covers 15 July 1843 through 29 February 1844.

Footnotes

  1. [1]

    JS, Journal, 21 Dec. 1842.

  2. [2]

    Historical Introduction to JS, Journal, Dec. 1841–Dec. 1842.

  3. [3]

    Source Note to JS, Journal, 1835–1836; Source Note to JS, Journal, Mar.–Sept. 1838.

  4. [4]

    JS, Journal, 10 Mar. 1843.

  5. [5]

    JS, Journal, 22 Sept. 1843.

  6. [6]

    JS, Journal, 1 Dec. 1842 and 20 Jan. 1843; see also “History of Joseph Smith,” Times and Seasons, 15 Mar. 1842, 3:726–728.

  7. [7]

    See Appendix 3.

Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. *Discourse, 7 March 1844–B, as Reported by Willard Richards *Discourse, 7 March 1844–B, as Reported by Wilford Woodruff *Discourse, 7 March 1844–A, as Reported by Willard Richards *Discourse, 7 March 1844–A, as Reported by Wilford Woodruff *Discourse, 7 April 1844, as Reported by Thomas Bullock *Discourse, 7 April 1844, as Reported by William Clayton *Discourse, 7 April 1844, as Reported by Willard Richards *Discourse, 7 April 1844, as Reported by Wilford Woodruff *Discourse, 7 April 1844, as Published in Times and Seasons

Page [140]

30 May 1844 • Thursday
Thursday May 30[th] 1844. 10 A M. Municipal Cou[r]t
Jerem[i]ah Smith

Ca. 1788–after 1860. Miller. Born in Pennsylvania. Married Rhoda Hedges, ca. 20 Feb. 1814. Moved to near Oquawka, Warren Co., Illinois, by 1828; built gristmill and sawmill, ca. 1828. Moved to Des Moines Co., Iowa Territory, ca. 1834. Licensed to establish...

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se[e]n on
Habe[a]s co[r]pus

“Have the body”; a written order from a court of competent jurisdiction commanding anyone having a person in custody to produce such person at a certain time and place and to state the reasons why he or she is being held in custody. The court will determine...

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<​
T[homas] B Johnson

24 Oct. 1807–7 Apr. 1860. U.S. marshal, mail agent, lawyer, farmer. Born in Grayson Co., Virginia. Son of John Johnson and Lydia. Moved to Ohio, ca. 1815. Moved to Indianapolis, ca. 1817. Married Mary Jane Gordon, 1 May 1838. Moved to Muscatine, Muscatine...

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​> discha[r]ged
397

Jeremiah Smith had obtained a writ of habeas corpus from the Nauvoo Municipal Court on 16 May 1844 after being arrested by James McCance, and the habeas corpus hearing began the same day. The court was adjourned in order to give Smith’s accusers time to collect witnesses and reconvened on 30 May. At this hearing, Thomas Johnson, an agent for the United States who had accused Smith of obtaining money under false pretenses, told the Nauvoo Municipal Court that he did not recognize the court’s authority to hold a habeas corpus hearing on the case, which was a federal case. He also told the court that the writ upon which Smith was arrested “was only to keep Smith until he [Johnson] could get another writ” and that “if this court thinks it right to discharge the prisoner, let them do it.” Smith’s counsel interpreted these statements to mean that Johnson had surrendered his claim on Smith and asked that Smith therefore be discharged. After defending its right to conduct a habeas corpus hearing in the case, the court ordered that Smith be discharged on the grounds that the “complainant . . . refused to prosecute his claim.” (JS, Journal, 16 and 29 May 1844; Nauvoo Municipal Court Docket Book, 97–99; Minutes of Court Proceedings, 30 May 1844; Execution v. Johnson, 30 May 1844, State of Illinois v. Smith on Habeas Corpus [Nauvoo Mun. Ct. 1844], Nauvoo, IL, Records, CHL.)


Comprehensive Works Cited

Nauvoo Municipal Court Docket Book / Nauvoo, IL, Municipal Court. “Docket of the Municipal Court of the City of Nauvoo,” ca. 1843–1845. In Historian's Office, Historical Record Book, 1843–1874, pp. 51–150 and pp. 1–19 (second numbering). CHL. MS 3434.

—— and— D[itt]o— anothr petiti[o]n same case—— on arrest of
Luther W. Hickok

Ca. 1812–26 Apr. 1850. Physician. Born in East Bloomfield, Ontario Co., New York. Son of Henry Pell Hickok and Hannah Benjamin. Graduated from College of Physicians and Surgeons, 1833, in Fairfield, Herkimer Co., New York. Moved to Burlington, Des Moines ...

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—
Buligtn [Burlington]

Located in southeastern Iowa on west bank of Mississippi River. Site selected for construction of fort, 1805. Area settled, ca. 1833, by Europeans. Laid out, 1834. Incorporated 1837. Designated capital of Wisconsin Territory, 1837; capital of Iowa Territory...

More Info
.—
398

This habeas corpus hearing was the second one held for Jeremiah Smith on 30 May and stemmed from Smith’s arrest the previous day by Hickok, of Burlington, Iowa Territory. Smith had petitioned the Nauvoo court for another writ of habeas corpus on grounds that his most recent arrest was based on a crime not “known to the Law”; that Hickok was not “legally authorized” to arrest him; that the charge stemmed from “private pique malice & corruption”; that he feared he would not receive a fair trial; and that he had been arrested, acquitted, and discharged twice before on the same charge—once by a district court in Iowa Territory, and, most recently, by the Nauvoo Municipal Court in Illinois. (JS, Journal, 16 and 29 May 1844; Warrant for Jeremiah Smith, 21 May 1844, United States v. Smith [C.C.D. Ill. 1844], copy; Jeremiah Smith, Petition for Writ of Habeas Corpus, 29 May 1844, United States v. Smith on Habeas Corpus [Nauvoo Mun. Ct. 1844]; Writ of Habeas Corpus, 30 May 1844, Nauvoo, IL, Records, CHL; “Defrauding Government,” North American Daily Advertiser [Philadelphia], 7 Mar. 1844, [2].)


Comprehensive Works Cited

North American and Daily Advertiser. Philadelphia. 1839–1845.

adj[ourn]ed cou[r]t 1. to 3 [p.m.]—
3 To 4½— in cou[r]t.
Jeremah Smith

Ca. 1788–after 1860. Miller. Born in Pennsylvania. Married Rhoda Hedges, ca. 20 Feb. 1814. Moved to near Oquawka, Warren Co., Illinois, by 1828; built gristmill and sawmill, ca. 1828. Moved to Des Moines Co., Iowa Territory, ca. 1834. Licensed to establish...

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discha[r]ged.
399

At the continuation of the second 30 May hearing for Jeremiah Smith, Smith’s counsel—George Stiles and Henry T. Hugins—argued for his discharge on several grounds, including Smith’s discharge before a competent court on the same charge. As evidence, they produced a certificate written by John Dunlap, clerk of the district court for Des Moines County, Iowa Territory, indicating that in February 1844 Smith had been arrested on an indictment handed down by a Washington DC grand jury and that he had been examined and discharged by district court judge Charles Mason, “no legal cause being found” to justify his arrest. Ruling that this was “sufficient to authorize the discharge of the prisoner” in light of the constitutional protection against double jeopardy, the municipal court ordered that Smith be discharged and that “Judgment be entered against the prosecutor for costs.” (Minutes of Court Proceedings, 30 May 1844, State of Illinois v. Smith on Habeas Corpus [Nauvoo Mun. Ct. 1844]; John S. Dunlap, Certificate, 21 May 1844, Nauvoo, IL, Records, CHL; Nauvoo Municipal Court Docket Book, 100–102.)


Comprehensive Works Cited

Nauvoo Municipal Court Docket Book / Nauvoo, IL, Municipal Court. “Docket of the Municipal Court of the City of Nauvoo,” ca. 1843–1845. In Historian's Office, Historical Record Book, 1843–1874, pp. 51–150 and pp. 1–19 (second numbering). CHL. MS 3434.

——
eveni[n]g
T. B. Johnson

24 Oct. 1807–7 Apr. 1860. U.S. marshal, mail agent, lawyer, farmer. Born in Grayson Co., Virginia. Son of John Johnson and Lydia. Moved to Ohio, ca. 1815. Moved to Indianapolis, ca. 1817. Married Mary Jane Gordon, 1 May 1838. Moved to Muscatine, Muscatine...

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—— as was reported was going to
Burlingt[o]n

Located in southeastern Iowa on west bank of Mississippi River. Site selected for construction of fort, 1805. Area settled, ca. 1833, by Europeans. Laid out, 1834. Incorporated 1837. Designated capital of Wisconsin Territory, 1837; capital of Iowa Territory...

More Info
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Jeremiah Smth

Ca. 1788–after 1860. Miller. Born in Pennsylvania. Married Rhoda Hedges, ca. 20 Feb. 1814. Moved to near Oquawka, Warren Co., Illinois, by 1828; built gristmill and sawmill, ca. 1828. Moved to Des Moines Co., Iowa Territory, ca. 1834. Licensed to establish...

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swo[r]e out.
Ex[e]cution

“The act of carrying into effect the final judgment of a court, or other jurisdiction. The writ which authorises the officer so to carry into effect such judgment is also called an execution. . . . Executions are either to recover specific things, or money...

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$77.75
Johnson

24 Oct. 1807–7 Apr. 1860. U.S. marshal, mail agent, lawyer, farmer. Born in Grayson Co., Virginia. Son of John Johnson and Lydia. Moved to Ohio, ca. 1815. Moved to Indianapolis, ca. 1817. Married Mary Jane Gordon, 1 May 1838. Moved to Muscatine, Muscatine...

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came fowad [forward] & ackn[o]wledged fee bill.—
400

What Jeremiah Smith “swo[r]e out” is unclear. It may have been an affidavit charging Johnson with false arrest or an affidavit supporting the execution ordering Johnson to pay $77.75 in court costs. However, no such affidavit has been located. The bill of costs itemized the costs accrued between 16 May 1844, when Johnson’s lawyer had requested an adjournment of the habeas corpus hearing in order to obtain witnesses, and 30 May 1844, when Smith was discharged. A note at the bottom of the official court record indicates that a thirty-dollar fee for the cost of two policemen guarding Smith at Johnson’s “special instance and request” had been omitted from the bill of costs by mistake. Johnson acknowledged the fees by certifying “that the within Survises ware renderd” on the back of the bill of costs. (Execution, 30 May 1844, State of Illinois v. Smith on Habeas Corpus [Nauvoo Mun. Ct. 1844], Nauvoo, IL, Records, CHL; Bill of Costs, 30 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–A]; Nauvoo Municipal Court Docket Book, 99.)


Comprehensive Works Cited

Nauvoo Municipal Court Docket Book / Nauvoo, IL, Municipal Court. “Docket of the Municipal Court of the City of Nauvoo,” ca. 1843–1845. In Historian's Office, Historical Record Book, 1843–1874, pp. 51–150 and pp. 1–19 (second numbering). CHL. MS 3434.

Hickok

Ca. 1812–26 Apr. 1850. Physician. Born in East Bloomfield, Ontario Co., New York. Son of Henry Pell Hickok and Hannah Benjamin. Graduated from College of Physicians and Surgeons, 1833, in Fairfield, Herkimer Co., New York. Moved to Burlington, Des Moines ...

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calld for copy of pocedigs [proceedings]
Johnson

24 Oct. 1807–7 Apr. 1860. U.S. marshal, mail agent, lawyer, farmer. Born in Grayson Co., Virginia. Son of John Johnson and Lydia. Moved to Ohio, ca. 1815. Moved to Indianapolis, ca. 1817. Married Mary Jane Gordon, 1 May 1838. Moved to Muscatine, Muscatine...

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treatend [threatened] to bring the drgoos [dragoons] &c—— to get
[Jeremiah] Smith

Ca. 1788–after 1860. Miller. Born in Pennsylvania. Married Rhoda Hedges, ca. 20 Feb. 1814. Moved to near Oquawka, Warren Co., Illinois, by 1828; built gristmill and sawmill, ca. 1828. Moved to Des Moines Co., Iowa Territory, ca. 1834. Licensed to establish...

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.
pleasa[n]t. [p. [140]]
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Page [140]

Document Information

Related Case Documents
Editorial Title
Journal, December 1842–June 1844; Book 4, 1 March–22 June 1844
ID #
8118
Total Pages
172
Print Volume Location
JSP, J3:185–302
Handwriting on This Page
  • Willard Richards

Footnotes

  1. [397]

    Jeremiah Smith had obtained a writ of habeas corpus from the Nauvoo Municipal Court on 16 May 1844 after being arrested by James McCance, and the habeas corpus hearing began the same day. The court was adjourned in order to give Smith’s accusers time to collect witnesses and reconvened on 30 May. At this hearing, Thomas Johnson, an agent for the United States who had accused Smith of obtaining money under false pretenses, told the Nauvoo Municipal Court that he did not recognize the court’s authority to hold a habeas corpus hearing on the case, which was a federal case. He also told the court that the writ upon which Smith was arrested “was only to keep Smith until he [Johnson] could get another writ” and that “if this court thinks it right to discharge the prisoner, let them do it.” Smith’s counsel interpreted these statements to mean that Johnson had surrendered his claim on Smith and asked that Smith therefore be discharged. After defending its right to conduct a habeas corpus hearing in the case, the court ordered that Smith be discharged on the grounds that the “complainant . . . refused to prosecute his claim.” (JS, Journal, 16 and 29 May 1844; Nauvoo Municipal Court Docket Book, 97–99; Minutes of Court Proceedings, 30 May 1844; Execution v. Johnson, 30 May 1844, State of Illinois v. Smith on Habeas Corpus [Nauvoo Mun. Ct. 1844], Nauvoo, IL, Records, CHL.)

    Nauvoo Municipal Court Docket Book / Nauvoo, IL, Municipal Court. “Docket of the Municipal Court of the City of Nauvoo,” ca. 1843–1845. In Historian's Office, Historical Record Book, 1843–1874, pp. 51–150 and pp. 1–19 (second numbering). CHL. MS 3434.

  2. [398]

    This habeas corpus hearing was the second one held for Jeremiah Smith on 30 May and stemmed from Smith’s arrest the previous day by Hickok, of Burlington, Iowa Territory. Smith had petitioned the Nauvoo court for another writ of habeas corpus on grounds that his most recent arrest was based on a crime not “known to the Law”; that Hickok was not “legally authorized” to arrest him; that the charge stemmed from “private pique malice & corruption”; that he feared he would not receive a fair trial; and that he had been arrested, acquitted, and discharged twice before on the same charge—once by a district court in Iowa Territory, and, most recently, by the Nauvoo Municipal Court in Illinois. (JS, Journal, 16 and 29 May 1844; Warrant for Jeremiah Smith, 21 May 1844, United States v. Smith [C.C.D. Ill. 1844], copy; Jeremiah Smith, Petition for Writ of Habeas Corpus, 29 May 1844, United States v. Smith on Habeas Corpus [Nauvoo Mun. Ct. 1844]; Writ of Habeas Corpus, 30 May 1844, Nauvoo, IL, Records, CHL; “Defrauding Government,” North American Daily Advertiser [Philadelphia], 7 Mar. 1844, [2].)

    North American and Daily Advertiser. Philadelphia. 1839–1845.

  3. [399]

    At the continuation of the second 30 May hearing for Jeremiah Smith, Smith’s counsel—George Stiles and Henry T. Hugins—argued for his discharge on several grounds, including Smith’s discharge before a competent court on the same charge. As evidence, they produced a certificate written by John Dunlap, clerk of the district court for Des Moines County, Iowa Territory, indicating that in February 1844 Smith had been arrested on an indictment handed down by a Washington DC grand jury and that he had been examined and discharged by district court judge Charles Mason, “no legal cause being found” to justify his arrest. Ruling that this was “sufficient to authorize the discharge of the prisoner” in light of the constitutional protection against double jeopardy, the municipal court ordered that Smith be discharged and that “Judgment be entered against the prosecutor for costs.” (Minutes of Court Proceedings, 30 May 1844, State of Illinois v. Smith on Habeas Corpus [Nauvoo Mun. Ct. 1844]; John S. Dunlap, Certificate, 21 May 1844, Nauvoo, IL, Records, CHL; Nauvoo Municipal Court Docket Book, 100–102.)

    Nauvoo Municipal Court Docket Book / Nauvoo, IL, Municipal Court. “Docket of the Municipal Court of the City of Nauvoo,” ca. 1843–1845. In Historian's Office, Historical Record Book, 1843–1874, pp. 51–150 and pp. 1–19 (second numbering). CHL. MS 3434.

  4. [400]

    What Jeremiah Smith “swo[r]e out” is unclear. It may have been an affidavit charging Johnson with false arrest or an affidavit supporting the execution ordering Johnson to pay $77.75 in court costs. However, no such affidavit has been located. The bill of costs itemized the costs accrued between 16 May 1844, when Johnson’s lawyer had requested an adjournment of the habeas corpus hearing in order to obtain witnesses, and 30 May 1844, when Smith was discharged. A note at the bottom of the official court record indicates that a thirty-dollar fee for the cost of two policemen guarding Smith at Johnson’s “special instance and request” had been omitted from the bill of costs by mistake. Johnson acknowledged the fees by certifying “that the within Survises ware renderd” on the back of the bill of costs. (Execution, 30 May 1844, State of Illinois v. Smith on Habeas Corpus [Nauvoo Mun. Ct. 1844], Nauvoo, IL, Records, CHL; Bill of Costs, 30 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–A]; Nauvoo Municipal Court Docket Book, 99.)

    Nauvoo Municipal Court Docket Book / Nauvoo, IL, Municipal Court. “Docket of the Municipal Court of the City of Nauvoo,” ca. 1843–1845. In Historian's Office, Historical Record Book, 1843–1874, pp. 51–150 and pp. 1–19 (second numbering). CHL. MS 3434.

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