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Joseph Smith and Legal Process: in the Wake of the Steamboat Nauvoo

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Joseph Smith and Legal Process: in the Wake of the Steamboat Nauvoo BYU Studies Quarterly Volume 19 Issue 2 Article 4 4-1-1979 Joseph Smith And Legal Process: In the Wake of The Steamboat Nauvoo Dallin H. Oaks Joseph I. Bentley Follow this and additional works at: https://scholarsarchive.byu.edu/byusq Recommended Citation Oaks, Dallin H. and Bentley, Joseph I. (1979) "Joseph Smith And Legal Process: In the Wake of The Steamboat Nauvoo," BYU Studies Quarterly: Vol. 19 : Iss. 2 , Article 4. Available at: https://scholarsarchive.byu.edu/byusq/vol19/iss2/4 This Article is brought to you for free and open access by the Journals at BYU ScholarsArchive. It has been accepted for inclusion in BYU Studies Quarterly by an authorized editor of BYU ScholarsArchive. For more information, please contact [email protected], [email protected]. Oaks and Bentley: Joseph Smith And Legal Process: In the Wake of The Steamboat <em> joseph smith and legal process in the wake of the steamboat nauvoo dallin H oaks and joseph I1 bentley in the spring of 1837 lt robert E lee at this time a thirty year old veteran of eight years in the united states army corps of engineers was ordered west to save the harbor of st louis from im- pinging snags and sandbars and to improve navigation to the upper mississippi by attacking the des moines rapids these rapids masked an eleven mile croppingoutoutcropping of limestone extending from warsaw on the south to commerce later nauvoo on the north bringing from louisville a little steamboat and several smaller craft lee completed the necessary river surveys in 1837 and began blasting rock at the rapids during the time of low waters in the summers of 1838 and 1839 the cabin of the steamboat des moines served as lt lees office and sleeping quarters during the busy season the steamboat was used to tow the smaller craft that were working on the rapids by the time higher water and ice forced discontinuance of operations in the fall of 1839 lees de- tachmenttachment had made the needed improvements at st louis had thoroughly charted the upper river course and had widened and deepened the channel in two critical areas of the rapids 1 although most of the contemplated work remained to be done a nationwide depression brought fiscal stringencies and congress in the summer of 1840 refused appropriations to continue the work lee was compelled to conclude his river operations and ac- cepted a new assignment in the east 2 reprinted from brigham young university law review 1976 no 3 appp 735 82 edited for brigham young university studies dallin H oaks is president of brigham young university and professor of law in its J reuben darkoarkclark law school joseph I1 bentley is a member of the california and los angeles bars douglas S freeman R E lee A biography 4 vols new york C scribners sons 1934 1935 vol 1 chaps 9 11 DL enders the des moines rapids A history of its adverse effects on mis- sissippisissippi river traffic and its use as a source of water power to 1860 MA thesis brigham young university 1973 appp 16 31 56385658363836 38 45 55 69 70 freeman R E lee 11781 178 80 enders the des moines rapids appp 55 56 lees brilliant work especially on the critical st louis harbor had established his professional standing in the corps of engineers twenty years before his career culminated as commanding general of the conf- ederate forces during the civil war 167 Published by BYU ScholarsArchive, 1979 1 BYU Studies Quarterly, Vol. 19, Iss. 2 [1979], Art. 4 acting as agent for the united states robert E lee disposed of his equipment at a public auction held in quincy illinois on 10 september 1840 among the properties sold were two keel boats eight large deck stows and the steamboat des moines during the winter of 1838 1839 the last year of lees river operations the cormonsmormons were forced to flee en masse from mis- souri to illinois by the summer of 1840 the founding of nauvoo was secure cormonsmormons were gathering in sufficient numbers to make nauvoo one of the largest cities in illinois on 31 august 1840 the first presidency of the church issued a letter to all church members advising them that the time had come for the upbuilding of the kingdom and for erecting a temple in nauvoo those interested in assisting in this great work were for- mally invited to come to this place 3 the anticipated influx of new population for nauvoo and the surrounding area created important commercial opportunities for river traffic thus it is not surprising that prominent mormon en- trepreneurs were interested in acquiring the steamboat and keel boats that robert E lee put on sale in quincy the following month the terms of sale were advertised as 8 months credit the purchasers giving notes with 2 approved endorsers 1144 the success- ful bidder for the steamboat and keelboat was peter haws a prominent mormon businessman who was later to have a leading role in the construction of the nauvoo house a hotel for trav- elers on the mississippi haws paid with a 4866584866384866384866.38 promissory note payable to robert E lee agent for the united states or or- der at the bank of the state of missouri in st louis eight months after its date of 10 september 1840 5 the note was signed by peter haws henry W miller george miller joseph smith and hyrum smith in that order henry and george miller were see3seeasee joseph smith history of the church ofjesusof jesus christ of lafterlatter day saints ed B H roberts and2nd ed rev 7 vols salt lake city deseret news 1932 51 41854 18587185 87 hereafter cited as HCHQ see also robert bruce flanders nauvoo kingdom on the mlsMismississimijmississippisissiapi urbana univ of illinois 1965 appp 40 48 quincyrquincy4quincy whig 5 september 1840 p 3 col 3 the originals of this promissory note and twenty seven other documents comprise an eighty seven page collection of letters and reports written during the years 1841 to 1852 by or between the united states treasury department and various federal marshals united states attorneys and cabinet members concerning related events subsequent to this sale these original source documents are lo10 cared at the national archives in washington DCD C as part of the records of the solicitor of the treasury record group 206 part 1 1841 1852 hereafter cited as treasury papers 168 https://scholarsarchive.byu.edu/byusq/vol19/iss2/4 2 Oaks and Bentley: Joseph Smith And Legal Process: In the Wake of The Steamboat <em> mormon businessmen and church officials 6 haws henry miller and george miller signed the note in quincy on the date of the auction but joseph and hyrum smith who apparently did not at- tend the auction signed in nauvoo 7 although it is not clear from the face of the note it appears from subsequent documents that peter haws was the real principal in the steamboat purchase and that the millers and smiths were only sureties for his obligation 8 but since the terms of sale re- quired two approved dorsersenendorsers the sureties role was essential the original papers in the transaction show the thoroughness and care robert E lee exerted in obtaining letters from prominent public figures authenticating the good character and financial in- tegrity of the sureties 9 in addition to the promissory note signed by haws the millers and the smiths lt lee received an endorsed note also in the amount of 4866584866384866384866.38 payable to haws george miller and the two smiths signed by charles B street and mar- vin B street as obligors and by robert F smith as surety this note which the purchasers gave as additional security apparently represented a transaction in which the streets acquired a part in- terest in the steamboat before evacuating his headquarters at st ahenryhenryshenry W miller was stake president at freedom illinois HC 451143114 511311 george miller lived on the iowa side of the nverriver justust across from nauvoo where he had a farm and woodyard to supply nverriver steamers letter of george miller 26 june 1855 letters of bishop george milletmiller journal of history of the reorganized church offtsusof jesus christ of latter day saints 10 january 19171271917 27 here- after cited as RLDS journal of history he apparently acted quite frequently as surety or guarantor for church officers in other business transactions HC 52665 266 on 24 january 1841 george miller was called to the office of bishop in the church in place of edward partridge deceased HC 42864 286 doctrine and covenants of the church of jesus christ of latterlacter day saints salt lake city the church ofjesusof jesus christ of latter day saints 196711967 12420124 20 21 hereafter cited as dac both george and henry miller were leaders with peter haws and others in the financing and construction of the nauvoo house HC 451143114 511311 seeseesec promissory note in treasury papers A possible reason for joseph and hyrumshyramsremaining in nauvoo is that their father joseph smith sr died of consumption on 14 september 1840 and probably would have been near death on 10 september HC 41894 189 seeseesec sources cited in footnotes 9 and 26 register of miscellaneous suits in which the united states Is a party or interested 1834 1848 hereafter cited as register of miscellaneous suits in treasury papers specifically identifies peterperer haws as the principal and lists the other four co makers as sureties in the transaction with robert E lee even though only sureties these parties had an obvious interest in promoting mississippi river traffic george miller was already involved with nverriver traffic on the iowa side the smiths had been charged by the church high council with the responsibility to
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