JOSEPHS LAWYERS, JUDGES & LEGAL CONSULTANTS F. Ross Boundy
JRCLS 2014 Conference
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JOSEPHS LAWYERS New York James Davidson (1779-1847) John S.
Reed (c. 1785-) James Seymour Pennsylvania Ohio Benjamin Bissel
(Bissell) (1805-1878) Salmon S. Osborn (1804-1904) J. C. Paine (or
Ira C. Paine: 1805-1883) William Lee Perkins (1799-1882) Lucius
Verus Bierce (1801-1876) Missouri David Rice Atchison (1807-1886)
Alexander Doniphan (1808-1887) Amos Rees (1800-1886) William T.
Wood (1809-1902) Peter H. Burnett (1807-1895) James S. Rollins
(1812-1888) Andrew S. Hughes Abiel Leonard (1797-1863) John A.
Gordon Illinois Onias Skinner (1817-1877) Orville Hickman Browning
(1806-1881) Cyrus Walker (1791-1875) Sidney B. Little James H.
Ralston (1807-1864) Archibald Williams Charles A. Warren Calvin
Averill Warren (1807-1881) Josiah Lamborn (1809-1847) Justin
Butterfield (1790-1855) Benjamin Edwards (1818-1886) Almon Whiting
Babbitt (1812-1856) Sylvester Emmons (1808-1881) James W. Woods
(1800-1886) Edward Bonney (1807-1864) Iowa Hugh T. Reid (1811-1874)
Alfred Rich (?-1842) Lewis R. Reeves
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LETTER TO A. LEONARD FROM A. SIDNEY GILBERT
(http://josephsmithpapers.org/paperSummary/history-1838-1856-
volume-a-1-23-december-1805-30-august-1834?p=432)
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JOSEPHS JUDGES New York Abraham Spears, JP Palmyra _________,
Ontario County Court of Common Pleas Albert Neely, JP South
Bainbridge Joseph P. Chamberlain, JP South Bainbridge Joel K.
Noble, JP Colesville ) __________, JP Colesville ) Court of Special
) Sessions __________, JP Colesville ) Pennsylvania Jesse Lane, JP
Harmony Ohio John C. Dowen, JP Kirtland ) Ohio vs William Holbrook,
Painesville JP ) Hurlbut _______, Painesville JP ) Van R. Humphrey,
Presiding Judge of Geauga County Court of Common Pleas Oliver
Cowdery, Kirtland JP Warren Cowdery, Kirtland JP Ariel Hanson,
Kirtland JP Missouri General Samuel Lucas, et. al. (Court Martial)
Austin King, Fifth Judicial Circuit Court Joel Turnham, Clay County
Judge Thomas Burch, Eleventh Judicial Circuit Court John F. Ryland,
Sixth Judicial Circuit Court Thomas Reynolds, Second Judicial
Circuit Court Illinois Stephen A. Douglas, Illinois Supreme Court
Nathaniel Pope, U.S. District Court Calvin A. Warren, Master in
Chancery, Warren County Circuit Court Daniel H. Wells, Nauvoo JP
____ Morrison, Carthage JP Robert F. Smith, Carthage JP Thomas
Drummond, U.S District Court Richard M. Young, Illinois Supreme
Court Iowa Charles Mason, Lee County Court for Iowa Territory
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JOSEPHS JUDGES Austin A. King (Mo. 5 th Circuit) Stephen A.
Douglas (Illinois Supreme Court) Thomas Reynolds (Mo. 2 nd Circuit)
Nathaniel Pope (U.S.D. C. Illinois) Richard M. Young (Illinois
Supreme Court) Daniel H. Wells (Nauvoo J.P.) Jesse B. Thomas
(Illinois Circuit Judge) John F. Ryland (Mo. 6 th Circuit)
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JOSEPHS LEGAL CONSULTANTS Oliver Cowdery, LDS Book of Mormon
witness and leader; admitted to Ohio bar in 1838. W. W. Phelps, LDS
printer, clerk to JS; admitted Utah Territorial Bar in 1851. Elias
Higbee, LDS presiding judge of Caldwell County. Robert Blashel
Thompson, LDS scribe for JS and church clerk. James Adams, LDS
Probate Judge in Springfield, Illinois. Robert Blashel Thompson,
LDS scribe for JS and church clerk. ***************** Stephen A.
Douglas, Illinois Supreme Court Daniel H. Wells, non-LDS JP in
Nauvoo; baptized in 1846 Joisah Morin, non-LDS Daviess County Judge
Jesse B. Thomas, Jr. non-LDS Circuit Court Judge in Springfield,
Illinois.
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BENJAMIN F. JOHNSON The days of tribulation were now fast
approaching, for just as the Prophet so often told us, so it came
to pass; and those he had called around him as a cordon of safety
and strength were worse than a rope of sand, and were now forging
his fetters. William Law was his first counselor; Wilson Law, Major
General of the Legion; Wm. Marks, President of the Stake; the
Higbies, his confidential attorneys, and Dr. Foster, his financial
business agent. All of these and many others entered into secret
covenant so much worse than Judas, that they would have the
Prophet's life, just in fulfillment of what he had said so often
publicly. With all their power, they began to make a party strong
enough to destroy the Prophet. My Lifes Review, p. 89
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JS BLESSING FOR OLIVER COWDERY 18 DECEMBER1833 Behold, he shall
be a choice lawyer in Israel, both pertaining to the law of God and
also the law of the land; for he shall have understanding in these
matters. (http://josephsmithpapers.org/paperSummary/blessing-for-
oliver-cowdery-2-october-1835)
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JS PROPHECY FOR W. W. PHELPS 9 MARCH 1843 Brother Phelps you
shall know law, and understand law and you shall be a lawyer in
Israel and the time shall come when I shall not need say thus is
the law for you shall know the law. (
http://mormon-church-history.blogspot.com/2010/12/mormon-history-mar-9-1843.html
)
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JOSEPH & MISSOURI LAW
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JOSEPHS FIVE JOURNEYS TO MISSOURI 1. 1831 (June 19-August 27)
Joseph and Sidney Rigdon commanded to go to Missouri (D&C 52:3)
a. Land of Zion and Independence Temple site dedicated. b. Members
of Colesville Branch arrive. c. Six revelations received (D&C
57-82). 2. 1832 (April 1-June) a. General Conference of Church on
April 26 b. Two revelations received (D&C 82-83) 3. 1834 (May
5-August 1) Zions Camp (D&C 105) 4. 1837 (September 27-December
10) Far West Conference 5. 1838 (March 14) Joseph and Emma arrive
at Far West (nine revelations received) a. April 11-12: Oliver
Cowdery excommunicated by Far West high council b. June 2:
Alexander Hale Smith born at Far West c. July 4: Temple site
dedication d. August 30: Governor Boggs calls out militia e.
October 25: Battle of Crooked River f. October 27: Governor Boggs
Extermination Order g. October 30: Hauns Mill Massacre h. October
31: Joseph and others arrested i. December 1-April 6, 1839: Liberty
Jail (D& C 121, 122 and 123 received) j. April 15, 1839:
Joseph, Hyrum, Wight, McRae and Baldwin allowed to escape.
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JOSEPHS MISSOURI LAWYERS (DREAM TEAM OR LACKLUSTER
OPPORTUNISTS?) *David Rice Atchison (1807-1886) *Alexander William
Doniphan (1808-1887) Peter Hardeman Burnett (1807-1895) *Amos Rees
(1800-1886) *Wiliam T. Wood (1809-1902) Andrew S. Hughes
(consultant?) John R. Williams Abiel Leonard (1797-1863)(?) James
S. Rollins (1812-1888) *Began representation of Mormons in
1833
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JOSEPHS MISSOURI LAWYERS, CONT. Amos Reese 1830s log home in
Lexington, Mo. Ariel Leonard c. 1835 home in Fayette, Mo.
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Slave cabin belonging to Judge Abiel Leonard Other
Slaveholders: David Atchison Alexander Doniphan Austin A. King
Stephen A. Douglas James S. Rollins: A slaveholder himself by an
accident of latitude.
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THE MISSOURI DREAM TEAM AT MATURITY David Atchison Alexander
Doniphan Peter Burnett James Rollins
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William T. Wood, Mormon Memoirs, Liberty Tribune, Friday, April
9, 1896.
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THE MAYBE MYTH: IN TOKEN OF HIS APPRECIATION FOR DONIPHAN,
JOSEPH NAMED A SON ALEXANDER. Alexander Hale Smith, born June
2,1838
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THE FACTS 1.No record of Joseph Smith meeting Doniphan before
September, 1838. 2.On September 2, 1838 Joseph "sent for General
Atchison, of Liberty, Clay County, who is the major general of this
division--to come and counsel with us..." On September 4 Joseph
reported, This day I spent in council with General Atchison. He
says he will do all in his power to disperse the mob. We employed
him and Alexander Doniphan (his partner) as our counsel in law.
They are considered the first lawyers in upper Missouri." (HC 3:
69) 3.On November 12, 1838 Joseph wrote to Emma: "...the tryal will
begin to-day for some of us, Lawyer Rice (David Rice Atchison), and
we expect Doniphan will plead our cause, we could git no others in
time for the tryal, they are able man and will do well no doubt...
3.March 25, 1839: When Elders Kimball and Turley took petition to
"supreme judges" in Jefferson City, "The secretary of state treated
them very kindly; and when he saw the papers, could hardly believe
those were all the documents by which the prisoners were held in
custody, for they were illegalLawyer Doniphan had also deceived
them in his papers and sent them off with such documents that a
change of venue could not be effected in time." (HC 3:288-289)
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4. "We have tried for a long time to get our lawyers to draw us
some petitions to the supreme judges of this state, but they have
utterly refused. (HC 3:292-293). 5. "We were committed in Liberty
jail, and petitioned Judge Turnham for a writ of habeas corpus; but
owing to the prejudice of the jailer, all communications was
entirely cut off. However, at length we succeeded in getting a
petition conveyed to the judge, but he neglected to pay any
attention to it for fourteen days, and kept us in suspense. He then
ordered us to appear before him; but he utterly refused to hear any
of our witnesses, which we had been at a great trouble providing.
Our lawyer also refused to act, being afraid of the people." (HC
3:372) 6. From Liberty Jail: "...and the conduct of the mob, the
murders committed at Haun's Mills, and the exterminating order of
the governor, and the one-sided, rascally proceedings of the
legislature, have damned the state of Missouri to all eternity. I
would just name also that General Atchison has proved himself as
contemptible as any of them (HC 3: 292)
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JOSEPHS CRITIQUE OF HIS MISSOURI LAWYERS
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Letter from Doniphans brother-in-law to Junius F. Wells,
2/07/1902
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General Order NO. 11: Missouris other Extermination Order
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CIVIL WAR, AS REALIZED IN THE DESOLATION OF THE BORDER COUNTIES
OF MISSOURI, DURING THE OPERATION OF GENERAL ORDERS NO. 11, ISSUED
BY BRIGADIER GENERAL EWING, FROM HIS HEADQUARTERS, KANSAS CITY,
AUGUST 25, 1863. PAINTING BY G. C. BINGHAM +
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In the spring of 1862, my regiment went south, and it was
during that time that Order No. 11 was issued, but I was back there
again in 1864 during the Price raid, and saw the condition of the
country. The duty of executing the order was committed to Col. W.
R. Penicks regiment, and there is no doubt he carried it into
effect I went down the Blue river, we found houses, barns,
outbuildings, nearly all burned down, and nothing left standing but
the chimneys which had, according to the fashion of the time, been
built on the outside of the buildings. (Letter A. Saxey to Junius
Wells 8/25/1902)
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SOME GENERALITIES ABOUT JOSEPHS LAWYERS 1.Josephs life was
flooded with lawyers, lawsuits and judges. 2.Josephs lawyers were
generally young, non-Mormon and destined for greatness. 3.Joseph
regularly chose the very best lawyers available. 4.Josephs lawyers
were virtually all non-Mormons: many were slaveholders, property
speculators and had political clout. 5.Many lawyers of Josephs day
ignored conflicts of interest. 6.Josephs lawyers charged a small
fortune for their services. 7.Some of Josephs lawyers were
favorably impressed with him; others seemingly despised him.
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IMPRESSIONS OF JOSEPHS LAWYERS John S. Reed: the sute comminced
at 9 oclock. All of 400 people had collectted to Gether that day
yit seamed as if all Hell had Let Loose for the porpose of
desstroing that Innocent and Boundless boy, but I belive to this
Day that God was on his side to diliver him from them wicked sons
of bitcesbut I had not stood Long apon the floor before that cort
before my tung was Loosed from the ruff of my mouth and it did
seame to me and has ever sence that time inspired By that god that
stood by that bondless Boy to clear and deliver him from the (h)and
of the Devill. John S. Reed to Brigham Young, 6, Dec. 1861
Alexander Doniphan : had never known any group of men who had the
native intelligence and understanding and force of character that
have ever quite equaled the group of mengathered about Joseph Smith
and (who) constituted the leadership of the Mormon Church. Peter
Burnett : He had great influence over othersWith all (his)
drawbacks, he was much more than an ordinary man. He possessed the
most indomitable perseverance, was a good judge of men, and deemed
himself born to command, and he did command. Burnett, Peter H.,
Recollections and Opinions of an Old Pioneer. New York:. Appleton
& Co, 1880. The late President Daniel Wells was wont to say
that some time previous to his joining the Church he was satisfied
that Joseph Smith was an inspired man because of his intuitive
knowledge of the fundamentals of lawa view that will be confirmed
by a perusal of the parts of this communication which deal with the
origin, force, and relations of law. B. H. Roberts, A Comprehensive
History of the Church of Jesus Christ of Latter-day Saints, Vol II,
p. 4.
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The End(s)
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JOSEPHS ILLINOIS LAWYERS (THE REAL DREAM TEAMS) 1841 Douglas
Habeas Corpus hearing: Orville Hickman Browning Cyrus Walker
Charles A. Warren Sidney B. Little James H. Ralston Archibald
Williams Orville Browning Justin Butterfield Onias C. Skinner Almon
W. Babbitt 1843 Pope Habeas Corpus hearing: Justin Butterfield
Benjamin Edwards