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Introduction to United States v. Jeremiah Smith on Habeas Corpus–A and United States v. Jeremiah Smith on Habeas Corpus–B Warrant, 13 May 1844 [United States v. Jeremiah Smith] Petition, 16 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–A] Habeas Corpus, 16 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–A] Habeas Corpus, 16 May 1844, Copy [United States v. Jeremiah Smith on Habeas Corpus–A] Summons, 16 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–A] Minutes, 16 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–A] Subpoena, 18 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–A] Note, between 16 and 30 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–A] Minutes, 30 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–A] Execution, 30 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–A] Bill of Costs, 30 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–A] Docket Entry, 18–31 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–A]

Minutes, 30 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–A]

Source Note

Minutes, [
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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, Hancock Co., IL], 30 May 1844, U.S. v. Jeremiah Smith on Habeas Corpus–A (Nauvoo, IL, Municipal Court 1844); handwriting 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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; four pages; Nauvoo, IL Records and Nauvoo Mayor’s Court, Papers, CHL. Includes use marks.

Historical Introduction

See Introduction to United States v. Jeremiah Smith on Habeas Corpus–A and United States v. Jeremiah Smith on Habeas Corpus–B.

Page [1]

Municipal Court
May 30th. 1844.
10. A. M.— cou[r]t called, present J. Smith Chief. J.—
O[rson] spencer

14 Mar./13 May 1802–15 Oct. 1855. Teacher, minister, university professor and chancellor. Born in West Stockbridge, Berkshire Co., Massachusetts. Son of Daniel Spencer and Chloe Wilson. Moved to Lenox, Berkshire Co., 1817; to Schenectady, Schenectady Co.,...

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,
Geo W Harris

1 Apr. 1780–1857. Jeweler. Born at Lanesboro, Berkshire Co., Massachusetts. Son of James Harris and Diana (Margaret) Burton. Married first Elizabeth, ca. 1800. Married second Margaret, who died in 1828. Moved to Batavia, Genesee Co., New York, by 1830. Married...

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—
G[ustavus] Hills

29 Jan. 1804–18 Oct. 1846. Music teacher, engraver, jeweler, newspaper editor, judge. Born in Chatham, Middlesex Co., Connecticut. Son of Lebbeus Hills and Mary Gibson. Married Elizabeth Mansfield, 25 Dec. 1827, in Middletown, Middlesex Co. Moved to Warren...

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.
S. Bennet [Samuel Bennett]

Ca. 1810–May 1893. Market inspector, barometer manufacturer, physician. Born in England. Married Selina Campion, 9 Aug. 1836. Baptized into Church of Jesus Christ of Latter-day Saints, by 1839, in U.S. Ordained an elder, 23 Dec. 1839, in Philadelphia. Served...

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,
Wm Marks

15 Nov. 1792–22 May 1872. Farmer, printer, publisher, postmaster. Born at Rutland, Rutland Co., Vermont. Son of Cornell (Cornwall) Marks and Sarah Goodrich. Married first Rosannah R. Robinson, 2 May 1813. Lived at Portage, Allegany Co., New York, where he...

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— presnt.—
Then came
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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. . . by his co[u]nsel—
H[enry] T. Hugins

10 Mar. 1814–19 Nov. 1861. Lawyer. Born in New Haven, New Haven Co., Connecticut. Son of Henry Hugins and Sarah Maria Hunt. Graduated from Middlebury College, 1834, and from Yale College, 1835. Practiced law in New Haven, 1836–1841. Married Elizabeth A. Lynde...

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and was ready for trial.
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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.— was called answerd.— did not acknowledge the jurisdicti[o]n of this court.— con—— my writ was only to kep him till he could get another writ—
Mr [Luther] 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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— considrd
Mr 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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his prisoner.—— attended as matter of courtesy.— was instructed to <​by​> gov to give names &c
Counsel

18 July 1816–Sept. 1885. Attorney, judge, politician. Born in Watertown, Jefferson Co., New York. Son of John Stiles and Persis Cole. Moved to Le Ray, Jefferson Co., by 1820. Moved to Pamela, Jefferson Co., by 1830. Married first Julian Mackemer, 7 Nov. 1841...

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of
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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. considered consid[ered] we live in a gov of Laws.— consid[er]ed this cort wold be liable to a fine if it did not gra[n]t a writ. of
Habeas

“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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.— as right.— if that individ[ual] has legal warrant to take him let him go.— <​iss[ued?] writ​> was a subterfuge—
U. S.

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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are culpable for doing wrong as an individual.— <​interrupted by
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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.​> by— if the party will show illegality I will show Legality.—
Esq Stils [George Stiles]

18 July 1816–Sept. 1885. Attorney, judge, politician. Born in Watertown, Jefferson Co., New York. Son of John Stiles and Persis Cole. Moved to Le Ray, Jefferson Co., by 1820. Moved to Pamela, Jefferson Co., by 1830. Married first Julian Mackemer, 7 Nov. 1841...

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— continued— that the gove.
U. S.

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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inst[r]ucted to take names & items.— not to prosecute
Mr 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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.— <​if​> no one to prosecute & set the court at defianc.— or set the prisoner free.— did appear before this couns[e]l by couns[e]l & offrd to prosecute & asked time—— now came to take names— next Dragoon.— to intimedate court intimedate this people.— if they w it is the privileige to discipl[in]e the prisoner, if they attempt to make out a cause— we will make our defen[s]e. [p. [1]]
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Related Case Documents

United States v. Jeremiah Smith on Habeas Corpus–A, Nauvoo, IL, Municipal Court, 30 May 1844

Editorial Title
Minutes, 30 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–A]
ID #
10294
Total Pages
4
Print Volume Location
Handwriting on This Page
  • Willard Richards

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