Lucy Harris vs. Joseph Smith: The 1829 Proceedings - Courts in Context

September 29, 2010
by Tim Barker

PART ONE

In my original posting on this subject, I stated that the circumstantial evidence available had led me to preliminarily conclude that Judge Alexander R. Tiffany was the magistrate who dismissed the Lucy Harris case against Joseph Smith, and that the case was held on Tuesday, May 26, 1829.  The purpose of this post is to explore the New York legal environment in 1829, and identify pertinent laws, as well as identities of judicial characters from this period that may be relevant to this case.  Additionally, the motives behind Lucy's suit will be explored and her explanation of the case will be assessed in light of relevant New York Statutes. In assessing this history, we will better understand the context of the Lucy Harris case. My preliminary conclusion will be revised where necessary based on the results of any pertinent findings.

Courts in New York (1829)

The following courts of general jurisdiction existed in the state of New York in 1829:

1. The Court for the Trial of Impeachments and the Correction of Errors*
2. The Court of Chancery*
3. The Supreme Court*
4. Circuit Courts (including Courts of Oyer and Terminer)*
5. The Superior Court of the city of New York
6. Courts of Common Pleas (including Courts of General Sessions of the Peace)*

"There are besides the above certain courts of peculiar and special jurisdiction, viz:"

1. Surrogates' Courts*
2. Courts of Special Sessions of the Peace
3. The Justices of the Marine Court
4. Assistant Justices in the city of New York
5. Justices of the Justice Court of the cities of Albany* and Hudson
6. Justice's Courts in each county (including Special Sessions).1

* Courts of Record

As it is not within the scope of this study to elaborate on the purpose and jurisdiction of each court, it is sufficient to focus on those courts that may be relevant to the case in question.  For simplicity's sake, it is easily demonstrated that most courts can be ruled out simply by location, although a more thorough treatment would demonstrate why these courts are not applicable based on the nature and merits of the case.  Lucy Mack Smith indicated that Lucy Harris entered her complaint "before a certain magistrate of Lyons" where the case was also held.2  Of the courts mentioned above, the first two were appellate courts, and were held in Albany and New York City.  Likewise, the Supreme Court was held in Albany, New York City, and Utica.  The Superior Court, Marine Court, and Assistant Justices courts were held in New York City only.  Justices of the cities of Albany and Hudson are also not applicable to Wayne County.3  The remaining courts are considered in further detail below.

Circuit Courts

In 1823, an act was passed dividing the state of New York into eight circuits to correspond to the eight senate districts.4   Each circuit court consisted of one judge, who held his office "by the same tenure, as the justices of the supreme court," and who possessed the "powers of a judge of the supreme court at chambers, and in the trial of issues joined in the supreme court, and in courts of oyer and terminer and jail delivery.  And such equity powers may be vested in the said circuit judges..."5  As the circuit judges were to serve in "all causes and matters of equity," they were also appointed as Vice-Chancellors.6  This resulted in the judge wearing several hats, so to speak, including involvement in cases joined with the Supreme Court, presiding over Courts of Oyer and Terminer ("hear and determine"), as well as cases in Chancery (equity) under the Vice-Chancellor's Court.

Wayne County was within the jurisdiction of the Seventh Circuit, along with five other counties.  Circuit courts in Wayne County were to be held twice annually at the courthouse in Lyons.7  In 1829, these sessions commenced on the second Monday in January and June, and each session lasted for about a week.8  On January 16, 1829, Daniel Moseley, from Onondaga, was appointed Judge and Vice-Chancellor over the Seventh Circuit.9  The circuit judges were appointed to hold office during good behavior, or until the age of sixty.10

Trial of Issues Joined in the Supreme Court:  As noted above, trials in the Supreme Court were held in Albany, New York City, and Utica.  As the Lucy Harris case was held in Lyons, any proceedings involving the circuit judge in the Supreme Court would be beyond the scope of this case. 

Courts of Oyer and Terminer:  Each year there were to be "two circuit courts and courts of oyer and terminer and jail delivery, in each of the counties of this state." The circuit courts were held for as many days as the judge deemed necessary, and they were invested with power to:

1. 
   
   To try all such issues, and to take all such inquests, by default or otherwise, as are to be tried or taken in the said circuit courts respectively:
2. 
   
   To record all non-suits and defaults before them: and,
3. 
   
   To return all proceedings had before them, into the supreme court, or into the court directing the same.11

Courts of Oyer and Terminer had power to try all crimes and misdemeanors, and were to be held at the "time and place at which any circuit court may have been appointed to be held."  They were to be held, by a justice of the supreme court, or a circuit judge, in connection with at least two of the county judges (but no more than three).  The powers inherent in the courts of oyer and terminer included:

1. 
   
   To inquire, by the oath of good and lawful men of the same county, of all crimes and misdemeanors, committed or triable in such county:
2. 
   
   To hear and determine all such crimes and misdemeanors: and,
3. 
   
   To deliver the jails of the said county, or city and county, according to law, of all prisoners therein."12

Additionally, these courts had the power to try all indictments found in the court of general sessions of the peace, "which shall have been sent by order of such court of general sessions to, and received by the said court of oyer and terminer."13 

The County Clerk was the clerk of the court, and the District Attorney participated in such proceedings.14  Additionally, grand juries were involved in courts of Oyer and Terminer.15  The Wayne County District Attorney in 1829 was William H. Adams, and the County Clerk was John Barber, Jr., both from Lyons.16

Courts of Chancery (within the Circuit Court):  As Vice-Chancellor, the Circuit Judge would hear cases in chancery (a court with jurisdiction in equity), and had original jurisdiction for issues arising within his circuit, or where the subject matter was within his circuit, or if the defendant(s) resided in his district.  His authority was based on those powers vested in the Chancellor for "all causes and matters in equity."  Courts of equity were to be held four times each year at places appointed by the Vice-Chancellor, and the times and places appointed were to be consistent for a two-year period.  "They may also hold so many special terms at such times and places as they shall deem proper;" these terms, however, were to correspond to "the same time that any such term shall be holden by the Chancellor."17  Each Circuit Judge was to appoint a clerk for the Court of Equity who would perform the "duties of a Register of said Court."  The clerk was to have a seal to be used in equity proceedings, as follows:18

The motion days and terms of the Courts of Equity in the Seventh Circuit were appointed to be held in 1829 as follows:

• Onondaga - Second Tuesday in March
• Canandaigua - Second Tuesday in July
• Waterloo - Second Tuesday in October
• Auburn - Second Tuesday in December19

The Vice Chancellors also held "Motion Days...at their places of residence, or such places as they may appoint."20  In 1831 and 1832, the motion days in the Seventh Circuit were set to be concurrent with the terms of the courts of equity.  It appears reasonable that 1829 and 1830 would be similarly scheduled, as the terms were to be consistent for a two-year period.21

Based on the above information, it appears reasonable that Lucy Harris' case was not held under a circuit court, or the Vice-Chancellor's court in equity.  As noted above, joint cases with the Supreme Court can be ruled out as they were held in Albany, New York City, and Utica, while the case in question was in Lyons.  The Court of Oyer and Terminer included grand juries, and Lucy Smith's description of the proceedings indicates that the judge threw the case out, rather than any decision made by a grand jury.  Furthermore, the timing of the proceedings (second Monday in January and June) does not align well with the history provided by Lucy or Joseph Smith (we'll return to this later).  Similarly, a case in equity does not appear to be applicable since the locations for courts in equity were not scheduled to be held in Lyons in 1829.  Additionally, the case does not appear to be an equity matter (we will return to this as well).  Significantly, each of these courts were "courts of record," and no evidence on the Lucy Harris case has surfaced in any court documents to date. 

Courts of Common Pleas

These courts in each county consisted of a "first judge" and four other county judges.  A court could be held by any three of the five judges; however, the first judge always presided when present.22  The judges were appointed by the Senate, on the nomination of the Governor, and generally held office for five years. The court was responsible for appointing the District Attorney,23 and the court had jurisdiction and power over the following:

1. 
   
   To hear, try and determine, according to law, all local actions, arising within the county for which such court shall be held; and all transitory actions, although the same may not have arisen within such county:
2. 
   
   To grant new trials:
3. 
   
   To hear and determine appeals from justice's courts, in the cases and in the manner prescribed by law:
4. 
   
   To exercise the power and jurisdiction conferred on them by law over the persons and estates of habitual drunkards: and,
5. 
   
   To exercise such other powers and duties, as may be conferred and imposed by the laws of this state.24

The County Clerk was the clerk of the court, and the seal of the County Clerk was also the seal of the court.25  In Wayne County, court proceedings were to be held at the courthouse in Lyons, and were scheduled for the fourth Tuesday of January, May, and September.26  Depending on the number and duration of cases, "each term of the several courts of common pleas and general sessions, may be continued and held from the commencement thereof, until and including the second Saturday after the commencement of such term; but no process issuing out of the said courts, except subpoenas and attachments, shall be tested or made returnable in the second week of the said terms."27 

Accordingly, while I had previously assessed that the Lucy Harris case had occurred on Tuesday, May 26, 1829, the possibility is that if the case was under a Court of Common Pleas or Court of General Sessions of the Peace (see below), it may have been held any time between Tuesday, May 26, 1829 and Saturday, June 6, 1829. 

The judges over Common Pleas in 1829 included Alexander R. Tiffany from Palmyra, as First Judge, and William Sisson from Lyons, David Arne, Jr. from Wolcott, Byram Green from Sodus, and Frederick Smith from Palmyra, as Judges in Wayne County, respectively.28  As noted above, William H. Adams was the District Attorney, and John Barber, Jr. was the County Clerk. 

Court of General Sessions of the Peace:  Any three of the county judges (including the first judge) could hold these courts. If an insufficient number of judges were available than a minimum of one judge was required, and one or more justices of the peace from the same county could be associated with the judge(s) present, and no more than five persons could act as judges.29 These courts had power to:

1. 
   
   To inquire, by the oath of good and lawful men of the county, of all crimes and misdemeanors committed or triable in such county:
2. 
   
   To hear, determine and punish, according to law, all crimes and misdemeanors not punishable with death, or imprisonment in the state prison for life;

Additionally, these courts could take appeals from orders of justices of the peace in regards to: bastardy, masters, apprentices and servants, convictions of disorderly persons imprisoned, to "continue or discharge the recognizances and bonds of persons bound to keep the peace, or to be of good behaviour, or both; and to inquire into and determine the complaints on which the same were founded," support for the poor and for "lunatics," estates of individuals abandoning their families, to "let to bail persons indicted in the said court for any crime or misdemeanor triable therein," discharge persons who have been in prison without being indicted or without being tried in cases prescribed by law, and the execution of "other powers and duties" conferred on this court by the laws of the state.30  Alden Chester, editor of the Legal and Judicial History of New York, wrote that "the court of general sessions was practically the criminal side of the court of common pleas."31 Cases not punishable by death or life imprisonment could be heard in these courts, or could also be deferred to courts of oyer and terminer.32  Both the Common Pleas court and General Sessions court were "courts of record."33

The same county judges (including the first judge), as noted above, would be over the Court of General Sessions of the Peace. Likewise, the timing of the case, as noted above, is the same as under the Courts of Common Pleas. The difference in ruling for these courts includes the possibility that justices of the peace from the county could sit in if county judges were unavailable. The identity of justices of the peace in 1829 considered for possible inclusion in this case is discussed below, under Justice's Courts.

As both courts were "courts of record," it seems less likely that the Lucy Harris case was heard under these courts since no legal documentation has surfaced, as of yet.  Additionally, other details in Lucy Smith's description may be helpful in ruling this option out, such as the fact that she continually refers to a single magistrate, whereas both of these courts included several judges.  While the timing of these courts is convenient to the circumstances of the case, for the above reasons, and other reasons that will be enumerated below, it seems more than likely that the case was not heard under these courts.

Surrogates' Courts

Surrogates had authority to handle matters relating to wills and estates, and among other related matters, they were to "administer justice in all matters relating to the affairs of deceased persons, according to the provisions of the statutes of this state" and to "appoint guardians for minors."34  As such, it is apparent that the Lucy Harris case would not be under a Surrogate's Court.

Court of Special Sessions of the Peace

Within each county (except for New York), these courts may be held by "three justices of the peace or by two such justices and one judge of the county courts of such county, for the purposes provided by law."35   These courts were limited to cases to hear and determine, "charges for crimes arising within the respective counties," including petit larceny (1st offense), assault and battery (not committed riotously, or upon a public officer in the execution of his duties), animal abuse, or racing an animal within one mile of the courthouse, trespassing, larceny, sale of poisonous substances not labeled, abusing or defacing monuments or state markers, etc.  The trial was to be convened speedily, and the accused could be tried by the court alone or by a jury of six persons.36 

The above descriptions are beyond the scope of the charges brought against Joseph by Lucy Harris.  The justices that could have been connected with the case in question are identified below under Justice's Courts, and the county judges have been previously identified above. 

Justice's Courts

Each town was entitled to have four justices of the peace, one of them to be elected by the people annually and the others were appointed.  The term of office was held for a period of four years.37  The justices had authority to hold court and were "generally vested with the necessary powers possessed by courts of record."  The jurisdiction given to justices of the peace included:

1. 
   
   Actions of debt, covenant and assumpsit, wherein the debt or balance due, or the damages claimed, shall not exceed fifty dollars:
2. 
   
   Actions of trespass and trespass on the case, for injuries to persons, or to real or personal property, wherein the damages claimed shall not exceed fifty dollars:
3. 
   
   All actions for any penalty not exceeding fifty dollars, given by any statute of this state:
4. 
   
   All actions commenced by attachment of property, as herein after provided, wherein the debt or damages claimed, shall not exceed one hundred dollars: and
5. 
   
   To take and enter judgment on the confession of a defendant, where the amount confessed shall not exceed two hundred and fifty dollars.38

Cases outside the jurisdiction of the justices included: assault, battery, false imprisonment, slander, or malicious prosecution, or cases against administrators, executors, or corporations, among other actions.39 

Their authority was two-fold, in that they had "power to try civil causes where the sum in controversy does not exceed one hundred dollars, and in addition to their common law authority as conservators of the peace, a criminal jurisdiction in the cases prescribed by statute."40  Regarding the nature of the cases heard, whether civil or criminal, it has been noted that, "the duties of the justices of the peace are arduous, and of various kinds. In the first place, it may be observed, they act either ministerially or judicially. Ministerially, in preserving the peace, hearing complaints against offenders, issuing warrants thereon, examining the informant and his witnesses and taking their examinations, binding over the parties and witnesses to prosecute and give evidence, bailing the supposed offender, or committing him for trial, &c. And they act judicially in cases where they are authorized, either singly or as members of courts of special sessions, to try persons charged with criminal offenses, and to convict and punish them if guilty." Additionally, where a court of special sessions was applicable, a judge could independently act ministerially, whereas, acting judicially required other justices to be present.41

All actions to be brought before a justice of the peace were to be brought before a justice in the town, "wherein either the plaintiffs, or one of them, or the defendants, or any of them, reside; or before a justice of another town, in the same county, next adjoining the residence of plaintiff or defendant.  But if the defendant abscond from his residence, the action may be brought before a justice of the town in which he or his property may be."42  As Joseph was not in Wayne County at this time,43 it appears reasonable that the justices of the peace having primary jurisdiction would be those from Palmyra, as that is where Lucy and Martin Harris lived.  The Justices of the Peace in Palmyra, New York, in 1829, were Alexander R. Tiffany (First Judge), Frederick Smith (County Judge), Ambrose Salisbury and William Wilcox, Esquires.44 

The jurisdiction of the Justice's Courts have been "enlarged from time to time, but these courts remain, as they have from the beginning, courts of limited statutory jurisdiction, intended to afford the people inexpensive tribunals for adjusting minor controversies."45

Based on the above summaries, the Justice's Court appears most plausible in relation to having nisi prius (original jurisdiction) over the Lucy Harris case.  To explore this possibility further, the following summary by Lucy Mack Smith of the 1829 case will be discussed in greater detail and assessed in light of additional relevant legal information.

PART TWO

__________________________

1 The New York Annual Register For the Year of Our Lord 1830 (Edwin Williams, J. Leavitt, New York, NY, 1830), 236-238.  Note: there are some minor variations regarding this listing, see Gazetteer of the State of New York (Thomas F. Gordon, T.K. and F.G. Collins, Philadelphia, PA, 1836), pg 277. 

The courts of record are identified in The Revised Statutes of the State of New York (3 Vols., Packard and Van Benthuysen, Albany, NY, 1829), 2:163, 276; and see The Constitutional History of New York: From the Beginning of the Colonial Period to the Year 1905, Showing the Origin, Development, and Judicial Construction of the Constitution (5 Vols., Charles Z. Lincoln, The Lawyers Co-Operative Publishing Company, Rochester, NY, 1906) 2:155.  In Civil List and Constitutional History of the Colony and State of New York (Edgar A. Werner; Weed, Parsons, & Co., Publishers, Albany, NY, 1884, pg 262), Justice's Courts and Courts of Special Sessions are specifically identified as courts not of record.  Also see, The Courts of the State of New York: Their History, Development, and Jurisdiction (Henry W. Scott; Wilson Publishing Co., New York, NY, 1909), 455-456

2 Biographical Sketches of Joseph Smith the Prophet and His Progenitors For Many Generations (Lucy Smith, S.W. Richards, Liverpool, England, 1853), 132-135

3 The New York Annual Register (1830), 236-238

4 Laws of the State of New York, Passed at the Fifty-First Session, Second Meeting, 1828; and Fifty-Second Session, 1829 (Wm. Gould and Co., Albany, NY, 1829), 56; also see The Revised Statutes of the State of New York, 2:201; and see The New York Annual Register (1830), 237

5 The New York State Register, For the Year of Our Lord 1831, With a Complete United States Calendar (Roger Sherman Skinner, Dewey's Press, New York, NY, 1831), 35

6 The New York Annual Register (1830), 237

7 The New York Annual Register (1830), 242; The Revised Statutes of the State of New York, 2:201

8 The New-York State Register, For the Year of Our Lord 1830 (Roger Sherman Skinner, New York, NY, 1830), 123, 129.  The Seventh Circuit schedule was as follows for each county:

Ontario - First Mondays in January and June (courthouse in Canandaigua)

Wayne - Second Mondays in January and June (courthouse in Lyons)

Seneca - Third Monday in January (courthouse in Waterloo)

Seneca - Third Monday in June (courthouse in Ovid)

Onondaga - First Mondays in February and September (council-house in Onandaga**)

Yates - Second Tuesdays in February and September (courthouse in Penn Yan)

** Per Historical Collections of the State of New York, 389

9 Civil List and Constitutional History (1880), 219; also see The New York State Register (1831), 149.

It is of interest to note that Daniel Moseley was involved in the William Morgan abduction trial held in Albany, New York, prior to his appointment as a Circuit Judge in January 1829.  For information regarding a summary of these events, see Gazetteer of the State of New York (J.H. French, L.L.D., 1860), 323.  Moseley was appointed as "Special Commissioner to investigate the case" on April 15, 1827, and is recorded to have acted as prosecuting attorney in The People v. Eli Bruce, Orasmus Turner, and Jared Darrow (www.nymasoniclibrary.org/collections/findaids/morganfa.htm#28 - accessed on May 12, 2010).  For additional information see:  William Morgan; or Political Anti-Masonry, Its Rise, Growth, and Decadence (Robert Morris, L.L.D., Robert Macoy, Masonic Publisher, New York, NY, 1883), 305; Legislative Documents of the Senate and Assembly of the State of New York. Fifty-Third Session, Volume III (E. Croswell, Printer to the State, Albany, NY, 1830, Appendix A "Documents"), 5-8; The Bench and Bar of New-York (L.B. Proctor, Diossy & Company, New York, NY, 1870), 341; and A History of Ontario County, New York and Its People (Charles F. Milliken, Lewis Historical Publishing Co., New York, NY, 1911), 1:75.  For additional information regarding William Morgan and his connection to Mormonism, see "Similarity of Priesthood in Masonry: The Relationship between Freemasonry and Mormonism," Michael W. Homer, in Dialogue: A Journal of Mormon Thought, 27/3 (Fall 1994): 12-25.

10 The New York State Register (1831), 144; Gazetteer of the State of New York (1836), 278

11 The Revised Statutes of the State of New York, 2:201-203

12 The Revised Statutes of the State of New York, 2:205; The New York State Register (1831), 150

13 The Revised Statutes of the State of New York, 2:205

14 The Revised Statutes of the State of New York, 2:206-207; The New York State Register (1831), 151;

15 Civil List and Constitutional History (1880), 217; Civil List and Forms of Government of the Colony and State of New York (Weed, Parsons and Company, Publishers, Albany, NY, 1879), 95

16 Civil List and Constitutional History, 370, 391; also see The New York State Register (1831), 182; and The New York Annual Register (1830), 280; and Legal and Judicial History of New York (Alden Chester, Ed., National Americana Society, New York, NY, 1911), 3:391

17 The New York State Register (1830), 122

18 Civil List and Constitutional History (1884), 190, 248; The New York State Register (1830), 122

19 The New York State Register (1830), 123,130; also see The Revised Statutes of the State of New York, 2:169

20 The New York State Register (1830), 122

21 The Chancery Practice of the State of New York (2 Vols., Joseph W. Moulton; O. Halsted, Law Bookseller, New York, NY, 1831), 2:43-44; The New York State Register (1831), 149-150

22 Gazetteer of the State of New York (1836), 284; The Revised Statutes of the State of New York, 2:208; Legal and Judicial History of New York (3 Vols., Alden Chester, Ed., National Americana Society, NY, 1911), 3:387; also see The Revised Statutes of the State of New York, 1:97

23 The New York State Register (1831), 151

24 The Revised Statutes of the State of New York, 2:208

25 Ibid, 2:210; The New York State Register (1831), 151; Civil List and Forms of Government, 103

26 The Revised Statutes of the State of New York, 2:211,214-215; The New York State Register (1831), 152, 183

27 The Revised Statutes of the State of New York, 2:211

28 The New York State Register (1830), 276

29 The Revised Statutes of the State of New York, 2:208

30 Ibid, 2:208-209

31 Legal and Judicial History of New York, 3:387

32 The Revised Statutes of the State of New York, 2:209

33 See endnote 1

34 The Revised Statutes of the State of New York, 2:220

35 The New York Annual Register (1830), 238; The Revised Statutes of the State of New York, 2:224

36 Gazetteer of the State of New York (1836), 306

37 The Revised Statutes of the State of New York, 1:97,110-111; Gazetteer of the State of New York (1836), 279; also see The Constitutional History of New York, 2:5-6.

38 The Revised States of the State of New York, 2:225; also see Gazetteer of the State of New York (1836), 287

39 The Revised States of the State of New York, 2:226; also see Gazetteer of the State of New York (1836), 287

40 The Magistrate's Criminal Law: A Practical Treatise on the Jurisdiction, Duty, and Authority of Justices of the Peace in the State of New York, in Criminal Cases (Oliver L. Barbour, Wm. & A. Gould & Co. Law Booksellers, Albany, NY, 1841), 425 (emphasis added)

41 The Magistrate's Criminal Law: A Practical Treatise on the Jurisdiction, Duty, and Authority of Justices of the Peace in the State of New York in Criminal Cases (Oliver L. Barbour; Wm. & A. Gould & Co. Law Booksellers, Albany, NY, 1841), 437

42 Gazetteer of the State of New York (1836), 287; also see Revised Statutes of the State of New York, 2:226

43 Joseph and Oliver were still in Harmony, Pennsylvania, per Biographical Sketches, 132-135.

44 Town of Palmyra, Minutes - 1828, per www.palmyrany.com/minutes/TB/1828.htm, and Town of Palmyra, Minutes - 1829, per www.palmyrany.com/minutes/TB/1829.htm (accessed April 11, 2010); also see The New-York State Register For the Year of Our Lord 1830 (Roger Sherman Skinner, Clayton & Van Norden, New York, NY, 1830), 276-277

45 The Constitutional History of New York, 2:162