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Introduction to City of Nauvoo v. Hunter Complaint, 28 November 1842 [City of Nauvoo v. Hunter] Warrant, 28 November 1842 [City of Nauvoo v. Hunter] Complaint, 29 November 1842 [City of Nauvoo v. Hunter] Subpoena, 29 November 1842 [City of Nauvoo v. Hunter] Claim, 29 November 1842 [City of Nauvoo v. Hunter] Docket Entry, circa 29 November 1842 [City of Nauvoo v. Hunter] Supersedeas, 7 December 1842 [City of Nauvoo v. Hunter] Docket Entry, circa 29 November 1842, Copy–A [City of Nauvoo v. Hunter] Docket Entry, circa 29 November 1842, Copy–B [City of Nauvoo v. Hunter] Bond, 7 December 1842 [City of Nauvoo v. Hunter] Docket Entry, Motion, 16 May 1843 [City of Nauvoo v. Hunter] Docket Entry, Motion Sustained and Case Dismissed, 23 May 1843 [City of Nauvoo v. Hunter] Docket Entry, circa 23 May 1843 [City of Nauvoo v. Hunter] Docket Entry, Fieri Facias, between 19 September and circa 13 December 1843 [City of Nauvoo v. Hunter] Docket Entry, Fee Bill, circa 22 March 1844 [City of Nauvoo v. Hunter]

Complaint, 28 November 1842 [City of Nauvoo v. Hunter]

Source Note

JS, Complaint, before
William 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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, against Thomas Hunter,
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, 28 Nov. 1842, City of Nauvoo v. Hunter (Nauvoo, IL, Municipal 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, ...

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; signature of JS; certified by
William 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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, 28 Nov. 1842docket by
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
, [
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], [28 Nov. 1842]; docket and notation by
Matthias Avise

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, [
Carthage

Located eighteen miles southeast of Nauvoo. Settled 1831. Designated Hancock Co. seat, Mar. 1833. Incorporated as town, 27 Feb. 1837. Population in 1839 about 300. Population in 1844 about 400. Site of acute opposition to Latter-day Saints, early 1840s. Site...

More Info
, Hancock Co., IL], 28 Feb. 1843; two pages; JS Collection (Supplement), CHL. Includes dockets, notation, and redaction.
Single leaf, measuring 6⅝ × 7¾ inches (17 × 20 cm) and ruled with nineteen blue horizontal lines. The leaf was reduced in size by tearing off the top and right side of the recto. The document was later trifolded for docketing and filed.
The document was docketed by
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, ...

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, who served as city recorder and clerk of the Nauvoo Municipal Court from 1841 to 1843.
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.

When City of Nauvoo v. Hunter was appealed, Sloan forwarded this and other documents pertaining to the case to the
Hancock County

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
Circuit Court, where they were filed by circuit court deputy clerk
Matthias Avise

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on 28 February 1843. The document entered private possession at an unknown time. The church subsequently acquired the complaint. The Church Historical Department (now CHL) published a register of the JS Collection in 1973. Between 1974 and 1984, staff continued to locate documents authored by or directed to JS in uncataloged church financial records and in name and subject files. The department also acquired additional JS documents from donors, collectors, and dealers. These newly located and acquired documents were kept together in a supplement to the JS Collection. A preliminary inventory of the supplement was created in 1992. This group of records was named the JS Collection (Supplement), 1833–1844, and its cataloging was finalized in 2017.
2

See the full bibliographic entry for JS Collection (Supplement), 1833–1844, in the CHL catalog.


Footnotes

  1. [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. [2]

    See the full bibliographic entry for JS Collection (Supplement), 1833–1844, in the CHL catalog.

Historical Introduction

On 28 November 1842, JS swore out a complaint accusing Thomas Hunter of maligning him and the
church

The Book of Mormon related that when Christ set up his church in the Americas, “they which were baptized in the name of Jesus, were called the church of Christ.” The first name used to denote the church JS organized on 6 April 1830 was “the Church of Christ...

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. JS issued his complaint in
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
, Illinois, to
William 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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, a Nauvoo alderman with authority to act as a justice of the peace in and for Nauvoo. In his complaint, JS accused Hunter of violating Nauvoo’s ordinance regarding vagrants and disorderly persons. Like most vagrancy laws, this Nauvoo city ordinance was deliberately vague and provided wide latitude for city authorities to prosecute individuals for idleness, drunkenness, other disorderly conduct, or suspicious behavior. These ordinances also supplied a legal means to threaten and prosecute destitute or undesirable residents when it was deemed in the public interest.
1

Minutes, 13 Nov. 1841; see also Ocobock, “Vagrancy and Homelessness,” 1–34.


Comprehensive Works Cited

Ocobock, Paul. “Vagrancy and Homelessness in Global and Historical Perspective.” In Cast Out: Vagrancy and Homelessness in Global and Historical Perspective, edited by A. L. Beier and Paul Ocobock, 1–34. Athens, OH: Ohio University Press, 2008.

JS likely based his complaint on a portion of the ordinance that forbade “profane or indecent language, or behaviour.” Although it is unclear whether Hunter insulted JS in person or whether JS had simply heard that Hunter had insulted him, on 26 November, according to JS’s complaint, Hunter had accused JS of being “an imposter and a swindler” and claimed that the church as an institution was a “swindle machine.” Alternatively, because of his position as mayor, JS may have been pointing to the provision condemning the use of “indecent, impertinent, or unbecoming language towards any City officer when in the discharge of his duty.” This explanation seems less likely, however, because the complaint did not mention JS’s office, and similar language appears in complaints filed by other individuals for incidents that did not involve city officers.
2

Minutes, 13 Nov. 1841; see also Complaint against Amos Davis, 29 Nov. 1842.


Acting on behalf of
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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, city recorder
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, ...

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wrote up JS’s complaint, which JS signed and Marks certified.
Based on the complaint,
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...

View Full Bio
issued an arrest warrant for Hunter that same day. The next day, 29 November, Hunter was arrested by constable
Dimick B. Huntington

26 May 1808–1 Feb. 1879. Farmer, blacksmith, shoemaker, constable, coroner, deputy sheriff, Indian interpreter. Born at Watertown, Jefferson Co., New York. Son of William Huntington and Zina Baker. Married Fannie Maria Allen, 28 Apr. 1830. Baptized into Church...

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and delivered into the custody of alderman
Orson 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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. Following Hunter’s arrest but before his trial, JS swore out a second complaint against him, claiming he had violated the city’s ordinance regarding religious societies.
3

Complaint against Thomas Hunter, 29 Nov. 1842; Minutes, 1 Mar. 1841.


Court records suggest that Hunter’s trial on 29 November 1842 revolved around JS’s second complaint and that he was convicted on that count.
4

William Marks, Warrant, 28 Nov. 1842, BYU; Complaint against Thomas Hunter, 29 Nov. 1842; Nauvoo Municipal Court Docket Book, 9 (second numbering).


When Hunter appealed his conviction to the
Hancock County

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

More Info
Circuit Court,
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
sent both this and JS’s second complaint to the circuit court as part of the case documents.
5

Nauvoo Municipal Court Docket Book, 11 (second numbering). For a more complete account of Hunter’s trial, see Complaint against Thomas Hunter, 29 Nov. 1842.


See also Introduction to City of Nauvoo v. Hunter.

Footnotes

  1. [1]

    Minutes, 13 Nov. 1841; see also Ocobock, “Vagrancy and Homelessness,” 1–34.

    Ocobock, Paul. “Vagrancy and Homelessness in Global and Historical Perspective.” In Cast Out: Vagrancy and Homelessness in Global and Historical Perspective, edited by A. L. Beier and Paul Ocobock, 1–34. Athens, OH: Ohio University Press, 2008.

  2. [2]

    Minutes, 13 Nov. 1841; see also Complaint against Amos Davis, 29 Nov. 1842.

  3. [3]

    Complaint against Thomas Hunter, 29 Nov. 1842; Minutes, 1 Mar. 1841.

  4. [4]

    William Marks, Warrant, 28 Nov. 1842, BYU; Complaint against Thomas Hunter, 29 Nov. 1842; Nauvoo Municipal Court Docket Book, 9 (second numbering).

  5. [5]

    Nauvoo Municipal Court Docket Book, 11 (second numbering). For a more complete account of Hunter’s trial, see Complaint against Thomas Hunter, 29 Nov. 1842.

Page [2]

Docket in the handwriting of James Sloan.


Novr. 28th. 1842.
City of
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
)
Complaint, on Oath of Joseph Smith.
Vs.)
Thomas J. Hunter)
 

Docket and notation in the handwriting of Matthias Avise.


No 74
 
Filed Feby 28th 1843
J[acob] B. Backenstos

8 Oct. 1811–25 Sept. 1857. Merchant, sheriff, soldier, politician, land speculator. Born at Lower Paxton, Dauphin Co., Pennsylvania. Son of Jacob Backenstos and Margaretha Theis. Member of Lutheran Reformed Church. Married Sarah Lavina Lee, niece of Robert...

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Clk
By
M[atthias] Avise

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D.C. [deputy clerk] [p. [2]]
View entire transcript

|

Cite this page

Source Note

Document Transcript

Page [2]

Document Information

Related Case Documents
Editorial Title
Complaint, 28 November 1842 [City of Nauvoo v. Hunter]
ID #
1992
Total Pages
2
Print Volume Location
JSP, D11:236–238
Handwriting on This Page
  • James Sloan
  • Matthias Avise

Footnotes

  1. new scribe logo

    Docket in the handwriting of James Sloan.

  2. new scribe logo

    Docket and notation in the handwriting of Matthias Avise.

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