Subpoena, 6 December 1842 [City of Nauvoo v. Davis for Slander of Miles]

Home >
The Papers >

Introduction to City of Nauvoo v. Davis for Slander of Miles Complaint, 6 December 1842 [City of Nauvoo v. Davis for Slander of Miles] Warrant, 6 December 1842 [City of Nauvoo v. Davis for Slander of Miles] Subpoena, 6 December 1842 [City of Nauvoo v. Davis for Slander of Miles] Affidavit, 6 December 1842 [City of Nauvoo v. Davis for Slander of Miles] Minutes, 6 December 1842 [City of Nauvoo v. Davis for Slander of Miles] Docket Entry, circa 6 December 1842 [City of Nauvoo v. Davis for Slander of Miles] Receipt, 7 February 1843 [City of Nauvoo v. Davis for Slander of Miles]
Subpoena, 6 December 1842 [City of Nauvoo v. Davis for Slander of Miles]
Source Note

JS as mayor, Subpoena, to Nauvoo City Marshal [
Henry G. Sherwood
20 Apr. 1785–24 Nov. 1867. Surveyor. Born at Kingsbury, Washington Co., New York. Son of Newcomb Sherwood and a woman whose maiden name was Tolman (first name unidentified). Married first Jane J. McManagal (McMangle) of Glasgow, Lanark, Scotland, ca. 1824...
View Full Bio
], for
Hyrum Smith
9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...
View Full Bio
,
Lyman Johnson
24 Oct. 1811–20 Dec. 1859. Merchant, lawyer, hotelier. Born at Pomfret, Windsor Co., Vermont. Son of John Johnson and Alice (Elsa) Jacobs. Moved to Hiram, Portage Co., Ohio, Mar. 1818. Baptized into Church of Jesus Christ of Latter-day Saints by Sidney Rigdon...
View Full Bio
, Andrew Gravel, and JS,
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....
More Info
, Hancock Co., IL, 6 Dec. 1842, City of Nauvoo v. Davis for Slander of Miles (Nauvoo, IL, Mayor’s Court 1842); handwriting of
James Sloan
28 Oct. 1792–24 Oct. 1886. City recorder, notary public, attorney, judge, farmer. Born in Donaghmore, Co. Tyrone, Ireland. Son of Alexander Sloan and Anne. Married Mary Magill. Baptized into Church of Jesus Christ of Latter-day Saints. Ordained an elder, ...
View Full Bio
; certified by
James Sloan
View Full Bio
on behalf of JS, 6 Dec. 1842; docket and notation by
Henry G. Sherwood
View Full Bio
, [
Nauvoo
More Info
, Hancock Co., IL], [6 Dec. 1842]; docket by
James Sloan
View Full Bio
, [ca. 6 Dec. 1842]; two pages; Nauvoo, IL, Records, CHL. Includes seal, dockets, and notation.

Single leaf, measuring 5½ × 6¾ inches (14 × 17 cm) and ruled with fifteen horizontal lines printed in blue ink with header space. The document is cut on the bottom and left side of the recto and was folded in half for docketing and filing.

The document includes dockets by
James Sloan
View Full Bio
, who served as city recorder and clerk of the
Nauvoo
More Info
Municipal Court from 1841 to 1843, and a docket and notation by
Henry G. Sherwood
View Full Bio
.
1
“Officers of the City of Nauvoo,” Times and Seasons, 15 Dec. 1841, 3:638; “Municipal Court of the City of Nauvoo,” Times and Seasons, 1 July 1843, 4:244.
Comprehensive Works Cited
Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.
After the summons was served, it was returned and presumably kept among Nauvoo city records. In 1845 the city of Nauvoo was disincorporated.
2
“An Act to Repeal the Nauvoo Charter,” 14th General Assembly, 1844–1845, Senate Bill no. 35 (House Bill no. 42), Illinois General Assembly, Enrolled Acts of the General Assembly, 1818–2012, Illinois State Archives, Springfield.
Illinois General Assembly. Bills, Resolutions, and Related General Assembly Records, 1st–98th Bienniums, 1819–2015. Illinois State Archives, Springfield.
Many if not most of the city records were likely included in the various collections of city records listed in an inventory produced by the Church Historian’s Office (later Family and Church History Department) in 1846, when they were packed up along with church records and taken to the Salt Lake Valley.
3
“Schedule of Church Records. Nauvoo 1846,” [1], Historian’s Office, Catalogs and Inventories, 1846–1904, CHL.
Historian’s Office. Catalogs and Inventories, 1846–1904. CHL. CR 100 130.
The city records are also listed in inventories of church records created in 1855, 1878, and circa 1904.
4
“Inventory. Historian’s Office. 4th April 1855,” [1]–[2]; “Index of Records and Journals in the Historian’s Office 1878,” [11]; “Index to Papers in the Historians Office,” ca. 1904, 7, Historian’s Office, Catalogs and Inventories, 1846–1904, CHL.
The Nauvoo, Illinois, records collection was arranged and cataloged by the Family and Church History Department (now CHL) in 2006.
5
See the full bibliographic entry for Nauvoo, IL, Records, 1841–1845, in the CHL catalog.
The document’s likely inclusion with the city records listed in early church inventories and its inclusion in the Nauvoo, Illinois, records collection in 2006 indicate continuous church custody since 1845.
Footnotes
[1]
“Officers of the City of Nauvoo,” Times and Seasons, 15 Dec. 1841, 3:638; “Municipal Court of the City of Nauvoo,” Times and Seasons, 1 July 1843, 4:244.
Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.
[2]
“An Act to Repeal the Nauvoo Charter,” 14th General Assembly, 1844–1845, Senate Bill no. 35 (House Bill no. 42), Illinois General Assembly, Enrolled Acts of the General Assembly, 1818–2012, Illinois State Archives, Springfield.
Illinois General Assembly. Bills, Resolutions, and Related General Assembly Records, 1st–98th Bienniums, 1819–2015. Illinois State Archives, Springfield.
[3]
“Schedule of Church Records. Nauvoo 1846,” [1], Historian’s Office, Catalogs and Inventories, 1846–1904, CHL.
[4]
“Inventory. Historian’s Office. 4th April 1855,” [1]–[2]; “Index of Records and Journals in the Historian’s Office 1878,” [11]; “Index to Papers in the Historians Office,” ca. 1904, 7, Historian’s Office, Catalogs and Inventories, 1846–1904, CHL.
[5]
See the full bibliographic entry for Nauvoo, IL, Records, 1841–1845, in the CHL catalog.
Historical Introduction
Page [1]
Hide editing marks

State of Illinois) S.S.
1
“S.S.” is a legal abbreviation for scilicet, a Latin adverb meaning “that is to say, to wit, viz.” (“Scilicet,” in Jones, Introduction to Legal Science, appendix, 28.)
Jones, Silas. An Introduction to Legal Science: Being a Concise and Familiar Treatise . . . to Which Is Appended a Concise Dictionary of Law Terms and Phrases. New York: John S. Voorhies, 1842.

City of
Nauvoo
More Info
)

The people of the State of
Illinois
Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...
More Info
, to the City
Marshal
View Full Bio
of said
City
More Info
, Greeting:

you are hereby Commanded to Summon <
Hyrum Smith
9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...
View Full Bio
,
Lyman ◊
View Full Bio
2
TEXT: Possibly “A”.

<E>. Johnson
View Full Bio
, Andrew M. Gravel><, Joseph Smith,> to be and appear before me Joseph Smith one of the Justices of the peace, and Alderman
3
The inclusion of “Alderman” appears to be a scribal error. As Nauvoo’s mayor, JS was an appointed justice of the peace for the city and also presided over the municipal court, which consisted of the city’s aldermen. However, he did not hold the office of alderman. (Act to Incorporate the City of Nauvoo, 16 Dec. 1840.)
in and for said
City
More Info
, at my
office
Term usually applied to JS’s private office, which was located at various places during JS’s lifetime, including his home. From fall 1840 until completion of JS’s brick store, office was located on second floor of a new building, possibly on Water Street ...
More Info
in said
City
More Info
, forthwith, then and there, to give testimony, and the truth to say, touching a certain Complaint made on behalf of the
City
More Info
, against
Amos Davis
Ca. 20 Sept. 1813–22 Mar. 1872. Merchant, farmer, postmaster, tavernkeeper. Born in New Hampshire or Vermont. Son of Wells Davis and Mary. Moved to Commerce (later Nauvoo), Hancock Co., Illinois, ca. fall 1836. Married first Elvira Hibard, 1 Jan. 1837, in...
View Full Bio
, and hereof fail not, under the penalty of the Law, and have you then there this Writ.

Certification by JS in the handwriting of James Sloan.
Given under my hand and Seal this 6th day of Decr. 1842.

Signature of JS by James Sloan. Unlike the other documents in this case, JS did not sign the subpoena, and Sloan provided a scribal signature, though he mistakenly wrote “Joseph Mayor” instead of “Joseph Smith.” It is unclear why JS did not sign this document.
Joseph Mayor, Mayor Seal
4
TEXT: “Seal” is enclosed within a hand-drawn representation of a seal.
[p. [1]]
View entire transcript
|
Cite this page
Source Note
Document Transcript
Page [1]
Document Information
Footnotes
[1]
“S.S.” is a legal abbreviation for scilicet, a Latin adverb meaning “that is to say, to wit, viz.” (“Scilicet,” in Jones, Introduction to Legal Science, appendix, 28.)
Jones, Silas. An Introduction to Legal Science: Being a Concise and Familiar Treatise . . . to Which Is Appended a Concise Dictionary of Law Terms and Phrases. New York: John S. Voorhies, 1842.
[2]
TEXT: Possibly “A”.
[3]
The inclusion of “Alderman” appears to be a scribal error. As Nauvoo’s mayor, JS was an appointed justice of the peace for the city and also presided over the municipal court, which consisted of the city’s aldermen. However, he did not hold the office of alderman. (Act to Incorporate the City of Nauvoo, 16 Dec. 1840.)
Certification by JS in the handwriting of James Sloan.
Signature of JS by James Sloan. Unlike the other documents in this case, JS did not sign the subpoena, and Sloan provided a scribal signature, though he mistakenly wrote “Joseph Mayor” instead of “Joseph Smith.” It is unclear why JS did not sign this document.
[4]
TEXT: “Seal” is enclosed within a hand-drawn representation of a seal.