Notes
1. Joseph Smith Jr., Scriptory Book, May 18, 1838, MS, Church History Library, The Church of Jesus Christ of Latter-day Saints, Salt Lake City. See also Dean C. Jessee, The Papers of Joseph Smith, 2 vols. (Salt Lake City: Deseret Book, 1989–92), 2:243.
2. See James D. Richardson, ed., A Compilation of the Messages and Papers of the Presidents, 1789–1897, 10 vols. (By the author, 1899), 2:450–51.
3. Richardson, Messages and Papers of the Presidents, 2:600–601.
4. “The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States.” U.S. Constitution, art. 4, sec. 3.
5. Opinions of the Attorney General (hereafter cited as Ops. Atty. Gen.), no. 66 (July 4, 1836), General Public Acts of Congress, Respecting the Sale and Disposition of the Public Lands, with Instructions Issued, from Time to Time, by the Secretary of the Treasury and Commissioner of the General Land Office, and Official Opinions of the Attorney General on Questions Arising under the Land Laws, 2 vols. (Washington, D.C.: Gales and Seaton, 1838), 2:103–4.
6. An Act Authorizing the President of the United States to Remove the Land Office in the District of Lawrence County, in the Territory of Arkansas (March 2, 1821), General Public Acts, ch. 257, 1:339.
7. An Act to Grant Pre-emption Rights to Settlers on the Public Lands (May 29, 1830), 21st Cong., 1st sess., ch. 208, in Statutes at Large of United States of America, 1789–1873, 17 vols. (Washington, D.C.: [various publishers], 1845–73), 4:420–21.
8. W. W. Lester, Decisions of the Interior Department in Public Land Cases, and Land Laws (Philadelphia: H. P. and R. H. Small, 1860), 355.
9. Pettigrew v. Shirley, 9 Mo. 683, 686 (1846).
10. Isaac v. Steel, 4 Ill. 97, 3 Scam. 97 (1841).
11. The individual who wanted to assert a preemptive right must do so by “producing his proof of such right at any time within one year from the date of the act.” General Public Acts, GLO, Circular no. 495 (May 23, 1831).
12. Pettigrew v. Shirley, 9 Mo. 683, 687 (1846).
13. Surveying was a complicated process. Initial physical surveys were contracted out by the federal government to be done by trained surveyors. While this general survey gave enough detail to know what section and range a claim was being made in, the general survey did not provide sufficient detail about the particulars within the township where the land was located. Once the state legislature created a county, the responsibility to draw townships using these physical surveys fell to the surveyor general. See generally J. B. Johnson, The Theory and Practice of Surveying (New York: John Wiley and Sons, 1904), 176–79. Once completed, these township plats had to be verified and then certified by the surveyor general’s office and sent to the local land office, referred to as the “return date.” The land could not be sold until the local land office had received back the certified township plats. Importantly, if the surveys were not returned before the end of the term of the act under which the preemptive right was asserted, such rights would be tacked onto the successor act.
14. When surveys were not returned in a timely fashion, such notice had to be cancelled or postponed.
15. General Public Acts, Circular No. 503, GLO (February 8, 1832).
16. See Gaines v. Hale, 16 Ark. 9 (1855).
17. Malcolm J. Rohrbough, The Land Office Business: The Settlement and Administration of American Public Lands, 1789–1837 (New York: Oxford University Press, 1968), 260.
18. Richard Neitzel Holzapfel and T. Jeffery Cottle, Old Mormon Kirtland and Missouri: Historic Photographs and Guides (Santa Ana, Calif.: Fieldbrook Productions, 1991), 162.
19. Richard L. Bushman, “Mormon Persecutions in Missouri, 1833,” BYU Studies 3, no. 1 (1960): 11–20.
20. B. H. Roberts, The Missouri Persecutions (Salt Lake City: George Q. Cannon and Sons, 1900), 85–97.
21. Milton V. Backman Jr., The Heavens Resound: A History of the Latter-day Saints in Ohio, 1830–1838 (Salt Lake City: Deseret Book, 1983), 170–72.
22. “History of Joseph Smith,” Times and Seasons 6 (May 1, 1845): 880. The Mormons retained four attorneys—Alexander Doniphan, David Atchison, Amos Rees, and William Wood—to seek legal assistance to return to their homes in Jackson County. Roger D. Launius, Alexander William Doniphan: Portrait of a Missouri Moderate (Columbia: University of Missouri Press, 1997), 15.
23. Launius, Alexander William Doniphan, 39–40.
24. The History of Daviess County, Missouri (Kansas City, Mo.: Birsall and Dean, 1882), 235.
25. Copies of the “Original Entries for Lands in Caldwell County,” Caldwell County Recorder’s Office, Kingston, Missouri, as cited in Leland H. Gentry, “The Land Question at Adam-ondi-Ahman,” BYU Studies 26, no. 2 (1986): 10 n. 14.
26. James B. Allen and Glen M. Leonard, The Story of the Latter-day Saints (Salt Lake City: Deseret Book, 1976), 116–17. See also Robert Allen Campbell, Campbell’s Gazetteer of Missouri (St. Louis, Mo.: R. A. Campbell, 1874).
27. Named after Jacob Hawn (traditionally spelled “Haun,” but a review of applicable land records, as well as the marker on his grave evidences that he spelled his name “Hawn”), who built a gristmill on Shoal Creek. Jacob Hawn settled on approximately forty acres on Shoal Creek and entered his claim for this property on December 7, 1835, more than a year before the creation of Caldwell County. See “Original Entries for Lands in Caldwell County,” Caldwell County Recorder’s Office, Kingston, Missouri. His mill site became the center of the community commonly referred to as Haun’s Mill. Mormons settled along the east-west running Shoal Creek, building multiple mills around Hawn’s own mill. Consequently, this area comprised some of the most valuable lands owned by Mormons.
28. Alma R. Blair, “The Haun’s Mill Massacre,” BYU Studies 13, no. 1 (1972): 62–63; Beth Shumway Moore, Bones in the Well: The Haun’s Mill Massacre, 1838; A Documentary History (Norman, Okla.: Arthur H. Clark, 2006), 29, 39; www.farwesthistory.com/haunsm.htm.
29. An account of this three-month journey is in Kirtland Camp, Journal, March–October 1838, MS, in the handwriting of Elias Smith, Church History Library.
30. “Of the $52,251.44 recorded debt of Joseph and the [Temple] Committee, $47,062.83 was paid. There were no defrauded creditors, but rather paid creditors, 90% of whose claims were satisfied in a reasonably prompt time frame. And that payment came largely after the Saints had abandoned Kirtland and the Symbol of their sacrifice, the Temple.” Gordon A. Madsen, “The Impact of Litigation against Joseph Smith and Others on the Kirtland Economy” (presented at the Mormon Historical Society 2005, Killington, Vermont), 17, copy in author’s possession.
31. “Typical of Saints who faced the uncertainties of the exodus from Kirtland with little or no money or means was Truman O. Angell, the skilled temple carpenter. He and his wife and two small children left in a one-horse wagon. Their first day out of Kirtland, he had to spend his last money to repair the wagon, leaving him with ‘a rickety wagon, a balky horse, not a penny in my pocket, a family to feed and a thousand miles to go.’” Karl R. Anderson, Joseph Smith’s Kirtland: Eyewitness Accounts (Salt Lake City: Deseret Book, 1989), 238.
32. Smith, Scriptory Book, May 18, 1838. See also Jessee, Papers of Joseph Smith, 2:243.
33. See, for example, Sidney Rigdon, An Appeal to the American People: Being an Account of the Persecutions of the Church of Latter Day Saints; and of the Barbarities Inflicted on Them by the Inhabitants of the State of Missouri, 2d ed. (Cincinnati, Ohio: Shepard and Stearns, 1840), 15; Elders’ Journal 1, no. 3 (July 1838): 33.
34. The township plat for Mirable Township (location of Far West) was completed on January 15, 1835. Township Plat for Mirable Township, Church History Library.
35. Selections from Letter of Hepzibah Richards, February 19, 1838, cited in Journal History of the Church, February 19, 1838, Church History Library, also available on Selected Collections from the Archives of The Church of Jesus Christ of Latter-Day Saints, 2 vols. (Provo, Utah: Brigham Young University Press, 2002), vol. 2, DVD 1, microfilm copy in Harold B. Lee Library, Brigham Young University, Provo, Utah.
36. Stephen C. LeSueur, The 1838 Mormon War in Missouri (Columbia: University of Missouri Press, 1987), 30, 101–11.
37. Modern historians put the number around ten thousand. See, for example, Susan Easton Black and Richard E. Bennett, eds., A City of Refuge, Quincy, Illinois (Salt Lake City: Millennial Press, 2000), 6, 24.
38. Alexander L. Baugh, “A Call to Arms: The 1838 Mormon Defense of Northern Missouri” (PhD diss. Brigham Young University, 1996; Provo, Utah: BYU Studies and Joseph Fielding Smith Institute for Latter-day Saint History, 2000); LeSueur, 1838 Mormon War in Missouri; Bushman, “Mormon Persecutions in Missouri, 1833”; Roberts, Missouri Persecutions. Suffice it to say that some commentators cast a broad net of blame on both Mormons and Missourians. Certainly blame can be found on both sides of the conflict. In terms of proportionality, however, the ultimate harm inflicted by Missourians on Mormons dwarfs any reasonable, comparable acts by Mormons. How can one compare the Battle of Crooked River with the Hawn’s Mill Massacre? Or compare the burning of Jacob Stolling’s store in Gallatin with the extermination order?
39. See, for example, LeSueur, 1838 Mormon War in Missouri, 237–39.
40. Mormons living in Caldwell and Daviess counties were fully aware of the preemption rights to the lands they were occupying and cultivating. Pursuant to Smith’s revealed direction (see D&C 123:1–6), the Saints prepared redress petitions after being expelled from Missouri. In late 1839 these petitions were taken to Washington, D.C., where 491 of them were presented. Additional efforts to obtain redress occurred in 1840 and 1842. A final attempt was made in fall 1843. More than 770 petitions were prepared. See Paul C. Richards, “Missouri Persecutions: Petitions for Redress,” BYU Studies 13, no. 4 (1973): 520–43; Clark V. Johnson, ed., Mormon Redress Petitions: Documents of the 1833–1838 Missouri Conflict (Provo, Utah: BYU Religious Studies Center, 1992).
41. The 1830 act was extended by Congress on June 22, 1838. This extension granted preemption rights to all settlers who were occupying and cultivating land at the time the extension was passed.
42. Such notice to anyone with possible claims was published in the Missouri (St. Louis) Argus starting on August 5, 1838, and reprinted every week through August, September, and October. The Southern Advocate (Jackson) also carried a similar notice in September 1838 and then every week through November. Gentry, “The Land Question at Adam-ondi-Ahman,” 55 n. 34.
43. Daniel Dunklin, as surveyor general, noted the surveys were “examined and approved” in St. Louis on September 15, 1838. These surveys were started by Joseph C. Brown and completed by Lisbon Applegate. See Township Surveys for Daviess County, September 15, 1838, Church History Library.
44. The delay in publishing this notice is somewhat suspect. While beyond the scope of this paper, evidence exists that Ewing helped orchestrate the taking of Mormons’ preemptive rights in Daviess County. The returned surveys had been received by the local land office in Lexington and published in the Southern Advocate (Jackson), October 21, 1838, 4. This notice informed the public that payment for preemption claims would be due by November 12, 1838.
45. Albert Perry Rockwood, Journal, October 24, 1838, in handwriting of Phinehas Richards, Church History Library.
46. Document Containing the Correspondence, Orders, &C in Relation to the Disturbances with the Mormons (Fayette, Mo.: Boon’s Lick Democrat, 1841), 33.
47. Manuscript History of the Church, B-1, addendum note U, 7, Church History Library.
48. “Missouri vs. Joseph Smith,” Times and Seasons 4 (July 1, 1843): 248. Hyrum Smith’s entire testimony appears on pages 246–56.
49. Sashel Woods was a Cumberland Presbyterian minister and considered Finis Ewing his mentor. Reverend Ewing’s animosity toward Mormons propelled him to be one of the key players in orchestrating their expulsion from Jackson County in 1833. Ironically three ministers, Cornelius Gilliam, Samuel Bogart, and Sashel Woods, “led much of the opposition to the Saints.” LeSueur, 1838 Mormon War in Missouri, 247.
50. Rigdon, Appeal to the American People, 29–31.
51. Woods was not alone. Concurrent with his efforts, “Cornelius Gilliam was busily engaged in raising a mob in Platt and Clinton counties, to aid Woods in his effort to drive peaceable citizens from their homes and take their property.” Rigdon, Appeal to the American People, 31.
52. “Missouri vs. Joseph Smith,” 246–47.
53. “Missouri vs. Joseph Smith,” 250.
54. “On his [General John B. Clark’s] arrival there [Far West], he placed guards around the town, so that no person might pass out or in without permission. All the men in town were then taken and put under guard, and a court of inquiry was instituted, with Adam Black on the bench.” Rigdon, Appeal to the American People, 46.
55. Gordon A. Madsen, “Joseph Smith and the Missouri Court of Inquiry: Austin A. King’s Quest for Hostages,” BYU Studies 43, no. 4 (2004): 97.
56. At the conclusion of the preliminary hearing, twenty-nine people were released outright. Twenty-four of the remaining were bound over for trial. All but ten of these individuals were released on bail, leaving Smith and other Church leaders as the sole remaining prisoners. Madsen, “Joseph Smith and the Missouri Court of Inquiry,” 98.
57. Mormons used this phrase to describe the sieges to their cities, particularly Far West. This phrase appeared as commentary in some of the deeds Mormons were forced to execute in conveying their lands to the Missourians. For example, in a warranty deed dated November 15, 1838, with eight grantors—Austin Hammer, Samuel Zimmer, James Huntsman, Issac Ellis, John Pye, John York, David Norton, and Elias Benner—to Willis G. Casper as grantee contains the following language in the text of the deed: “All being Latterday Saints now living in Caldwell County in Missouri and being fenced in by the Gentiles commanded by John B. Clark who is murdering our People and so we are going to leave the County & State, we do for the good of the poor.” Copy of this deed in Church History Library. Interestingly, three of the grantors, Austin Hammer, John York, and Elias Benner, had been killed sixteen days earlier at the Hawn’s Mill Massacre. There was no signatory line for Elias Benner, while Austin Hammer’s and John York’s signatures were made by an “X.” Signing with an “X” is a legally recognized signature for people who are illiterate, but neither Hammer nor York were illiterate, as they had filed applications for their land at the Lexington Land Office on November 26, 1836, and had signed their names on these applications. See Austin Hammer and John York, Preemption Applications, Church History Library.
58. Parley P. Pratt, Late Persecution of the Church of Jesus Christ, of Latter Day Saints (New York: J. W. Harrison, 1840), 149; italics in original. “If the Saints who fled DeWitt hoped they would escape their tormentors, they hoped in vain. Sashiel Woods urged the troops who had surrounded the town to hurry to Daviess County, because the pre-empted lands would soon go on sale and must be secured by Missourians.” Marvin S. Hill, Quest for Refuge: The Mormon Flight from American Pluralism (Salt Lake City: Signature Books, 1989), 89.
59. Memorial, Joseph Smith, Sidney Rigdon, and Elias Higbee, Washington, D.C., to the Honorable Senate and House of Representatives of the United States, January 27, 1840, photocopy of the original in National Archives and Church History Library, 8–9.
60. The article continues: “The Columbia [Missouri] Patriot distinctly asserts that such are the true causes of all the trouble. A committee of the citizens of Chariton county have been among the Mormons, to investigate the truth of the accusations against them, and they declare them wholly unfounded. Jo. Smith and Rigdon have given bonds of $1,000 each to keep the peace [and have certified]: ‘We are friendly to the Constitution and laws of this State and of the United States, and wish to see them enforced.” See “The Mormons,” New Yorker 6 (October 13, 1838): 59.
61. Johnson, Mormon Redress Petitions, 414.
62. Johnson, Mormon Redress Petitions, 386–87.
63. Johnson, Mormon Redress Petitions, 442. Dated January 18, 1840, Jabis Durfee’s redress petition notes, in part, “I moved into Davies County State of Misouri in December in the year of 1837 and settled on the North West Quarter of Section No eighteen in Township fifty eight North and Range—twenty Seven West. I improved said Quarter by cultivating a portion of the soil and building a house in which I lived also a mill. I resided on said tract of land untill [sic] October AD. 1838 which—entitled me to a Preemtion right on said land: according to the laws of the United States: Whereas I was prevented from proving up said right and entering said tract of land in consequence of an order from Governor Boggs authorising an armed force to drive me with others from the State.” From this description, Durfee’s property can be found on the Original Entry Map for Daviess County, Missouri, Church History Library. As the foregoing maps document, Sashel Woods and Jon Cravens purchased Durfee’s property on November 23, 1838. This undoubtedly was a strategic purchase, as no other property surrounding Durfee’s was bought at that time. The reason for selecting this property by Woods and Cravens is obvious—the mill.
64. Johnson, Mormon Redress Petitions, 443.
65. Rough Draft, Manuscript History of the Church, 1838–39 draft history, 30, MS, Church History Library.
66. A review of the “Original Entries for Lands in Daviess County” shows that between November 21 and December 31, 1838, thousands of acres were bought. Mormons did not purchase a single acre. See “Original Entries for Lands in Daviess County.”
67. Document Containing the Correspondence, Orders, &C, 27.
68. See “Original Entries for Lands in Daviess County.” This document shows these men obtained the patent rights for most of Adam-ondi-Ahman on November 28, 1838, and the rest on December 18, 1838.
69. Cravensville, Missouri, Plat Records, Church History Library.
70. Johnson, Mormon Redress Petitions, 442, n. 103.
71. The maps are copies of the Illustrated Historical Atlas of Daviess County Missouri (Philadelphia, Pa: Edward Brother, 1876), 35 (copy in author’s possession). The second document shows the existence of the mill that Durfee originally built in 1837.
72. John and Ruhama Cravens, Warranty Deed to McClain Wilson, December 7, 1866, Church History Library.
73. William Mann, William O. Jennings, and Jacob Rogers participated in the Hawn’s Mill Massacre on October 30, 1838. Baugh, “Call to Arms,” 417, 418, 420.
74. See “Original Entries for Lands in Daviess County.”
75. The editorial continued: “I should not have felt authorised to allude to these reports, for I know nothing of the source from whence they come, but for the fact, that the same matter was incidentally alluded to yesterday in the Senate. Many other things are said in connection with these sales, but for the present I do not feel authorised to give them. This matter should receive the attention of the committee on this subject, for it may lead to a better understanding of the causes of these disturbances. I look upon it as a matter of the greatest importance, how the committee on this subject may conduct this inquiry. The character of the State and the reputation of every citizen is involved in it, and it is due to all that a full investigation and impartial report should be made.” Letter to the Editor, Daily Missouri Republican, December 13, 1838, 2.
76. Pratt, Late Persecution of the Church of Jesus Christ, 149.
77. “The Petition of the Latter-day Saints, commonly known as Mormons,” 26th Cong., 2d sess., H. Doc. 22 (December 21, 1840), 12–13.










