The Papers
Browse the PapersDocumentsJournalsAdministrative RecordsRevelations and TranslationsHistoriesLegal RecordsFinancial RecordsOther Contemporary Papers
Reference
PeoplePlacesEventsGlossaryLegal GlossaryFinancial GlossaryCalendar of DocumentsWorks CitedFeatured TopicsLesson PlansRelated Publications
Media
VideosPhotographsIllustrationsChartsMapsPodcasts
News
Current NewsArchiveNewsletterSubscribeJSP Conferences
About
About the ProjectJoseph Smith and His PapersFAQAwardsEndorsementsReviewsEditorial MethodNote on TranscriptionsNote on Images of People and PlacesReferencing the ProjectCiting This WebsiteProject TeamContact Us
Published Volumes
  1. Home > 
  2. The Papers > 
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, 29 November 1842 [City of Nauvoo v. Hunter]

Source Note

JS, Complaint, before
Daniel H. Wells

27 Oct. 1814–24 Mar. 1891. Farmer, teacher, ferry operator, lumber merchant, manager of nail factory, politician. Born in Trenton, Oneida Co., New York. Son of Daniel Wells and Catherine Chapin. Moved to Marietta, Washington Co., Ohio, ca. 1832. Moved to ...

View Full Bio
, 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, 29 Nov. 1842, City of Nauvoo v. Hunter (Nauvoo, IL, Municipal Court 1842); handwriting of
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...

View Full Bio
; signature of JS; certified by
Daniel H. Wells

27 Oct. 1814–24 Mar. 1891. Farmer, teacher, ferry operator, lumber merchant, manager of nail factory, politician. Born in Trenton, Oneida Co., New York. Son of Daniel Wells and Catherine Chapin. Moved to Marietta, Washington Co., Ohio, ca. 1832. Moved to ...

View Full Bio
, 29 Nov. 1842; docket and notations 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, [29 Nov. 1842]; docket and notation by
Matthias Avise

View Full Bio

, [
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; BYU. Includes dockets, notation, endorsement, and redaction.
Single leaf, measuring 8⅞ × 7¾ inches (23 × 20 cm). The document was inscribed in black and brown ink. The top and left sides of the recto have the square cut of manufactured paper, whereas the right and bottom sides were apparently cut by hand. The document was folded and docketed for storage, presumably 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
or
Matthias Avise

View Full Bio

.
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, ...

View Full Bio
, 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

View Full Bio

on 28 February 1843. The document entered private possession at an unknown time and was eventually acquired by businessman and politician Ogden L. Mills (1884–1937). In 1969 this and other documents from Mills’s collection were auctioned by Parke-Bernet Galleries, Inc. of
New York City

Dutch founded New Netherland colony, 1625. Incorporated under British control and renamed New York, 1664. Harbor contributed to economic and population growth of city; became largest city in American colonies. British troops defeated Continental Army under...

More Info
.
2

Important Autographs, 27; American Book-Prices Current 1969, 1446.


Comprehensive Works Cited

Important Autographs and Manuscripts: The Distinguished Collection of the Late Ogden L. Mills and Other Owners. New York: Parke-Bernet Galleries, 1969.

American Book-Prices Current 1969: A Record of Literary Properties Sold at Auction in England, the United States, and Canada. Vol. 75, September 1968–August 1969. New York: Columbia University Press, 1972.

Markings on the document suggest that it was subsequently sold by another dealer or auction house. It was later acquired by Brigham Young University.

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]

    Important Autographs, 27; American Book-Prices Current 1969, 1446.

    Important Autographs and Manuscripts: The Distinguished Collection of the Late Ogden L. Mills and Other Owners. New York: Parke-Bernet Galleries, 1969.

    American Book-Prices Current 1969: A Record of Literary Properties Sold at Auction in England, the United States, and Canada. Vol. 75, September 1968–August 1969. New York: Columbia University Press, 1972.

Historical Introduction

On 29 November 1842, JS swore out a 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, accusing Thomas Hunter of violating a Nauvoo city ordinance pertaining to religious societies. This ordinance had been passed in March 1841 with the explicit support of JS, then a member of the city council. It guaranteed that all “religious sects and denominations whatever, shall have free toleration and equal Privilieges” in Nauvoo and criminalized “ridiculing[,] abusing, or otherwise depreciating another in consequence of his religion.”
1

Minutes, 1 Mar. 1841.


The 29 November complaint was the second of two complaints JS made against Hunter for the same insult. JS swore out the first complaint on 28 November before alderman
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...

View Full Bio
, accusing Hunter of insulting him and thereby violating the city ordinance regarding vagrants and disorderly persons. Based on that complaint, Hunter was arrested on 29 November and placed in the charge 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.,...

View Full Bio
to be tried later that day.
2

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


After Hunter’s arrest but before his trial, JS filed this second complaint with alderman
Daniel H. Wells

27 Oct. 1814–24 Mar. 1891. Farmer, teacher, ferry operator, lumber merchant, manager of nail factory, politician. Born in Trenton, Oneida Co., New York. Son of Daniel Wells and Catherine Chapin. Moved to Marietta, Washington Co., Ohio, ca. 1832. Moved to ...

View Full Bio
, this time arguing that Hunter’s insults violated the city’s ordinance regarding religious societies. While JS’s first complaint against Hunter relied on the vagueness of Nauvoo’s vagrancy law, the language of his second complaint directly echoed the wording of the ordinance on religious societies by accusing Hunter of using “ridiculous and abusive language” against JS’s character, including his “Moral and relegious character.”
3

See Minutes, 1 Mar. 1841.


Acting on behalf of Wells, city attorney
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...

View Full Bio
wrote up JS’s complaint, which JS signed and Wells certified. JS’s second complaint against Hunter was also one of two complaints JS swore out before Wells on 29 November regarding violations of this ordinance; the other complaint targeted
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
.
4

See Complaint against Amos Davis, 29 Nov. 1842.


Hunter’s trial took place on 29 November before the Nauvoo Municipal Court, with
Wells

27 Oct. 1814–24 Mar. 1891. Farmer, teacher, ferry operator, lumber merchant, manager of nail factory, politician. Born in Trenton, Oneida Co., New York. Son of Daniel Wells and Catherine Chapin. Moved to Marietta, Washington Co., Ohio, ca. 1832. Moved to ...

View Full Bio
presiding.
5

JS, Journal, 29 Nov. 1842. The court consisted of aldermen Newel K. Whitney, George W. Harris, Gustavus Hills, and William Marks, in addition to Wells. (Nauvoo Municipal Court Docket Book, 9 (second numbering).)


After JS’s second complaint was read to the court, Hunter pleaded guilty to the charge. JS then “forgave Hunter the judgement,” and the court accordingly discharged Hunter without a fine.
6

JS, Journal, 29 Nov. 1842.


However, the court ordered Hunter to pay the full costs of the suit—amounting to eight dollars—and issued a ten-dollar fine against Hunter for contempt of court because he had used “disrespectful and abusive language” to dismiss the authority 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
’s municipal court.
7

Nauvoo Municipal Court Docket Book, 9 (second numbering).


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, which issued an injunction to halt the execution of the judgment. In February 1843,
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
provided copies of the court transcript and other documents, including JS’s original complaints, to the circuit court.
8

Nauvoo Municipal Court Docket Book, 11 (second numbering).


In May 1843, during the circuit court’s next session, Hunter’s attorney motioned to dismiss the suit. The court granted the dismissal on the grounds that the municipal court lacked jurisdiction and ordered Nauvoo to pay Hunter’s court costs.
9

No extant records explicitly state why the court believed Nauvoo lacked jurisdiction. One possibility is that while the ordinance regarding religious societies gave either the mayor’s court or municipal court original jurisdiction, the municipal court only had authority to function as an appellate court according to the Nauvoo charter. The same day they dismissed Nauvoo’s case against Hunter, the Hancock County Circuit Court also dismissed one of JS’s complaints against Amos Davis that was tried under similar circumstances. (Hancock Co., IL, Circuit Court Records, 1829–1897, vol. C, pp. 409, 473, microfilm 947,496, U.S. and Canada Record Collection, FHL; Minutes, 1 Mar. 1841; Act to Incorporate the City of Nauvoo, 16 Dec. 1840.)


See also Introduction to City of Nauvoo v. Hunter.

Footnotes

  1. [1]

    Minutes, 1 Mar. 1841.

  2. [2]

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

  3. [3]

    See Minutes, 1 Mar. 1841.

  4. [4]

    See Complaint against Amos Davis, 29 Nov. 1842.

  5. [5]

    JS, Journal, 29 Nov. 1842. The court consisted of aldermen Newel K. Whitney, George W. Harris, Gustavus Hills, and William Marks, in addition to Wells. (Nauvoo Municipal Court Docket Book, 9 (second numbering).)

  6. [6]

    JS, Journal, 29 Nov. 1842.

  7. [7]

    Nauvoo Municipal Court Docket Book, 9 (second numbering).

  8. [8]

    Nauvoo Municipal Court Docket Book, 11 (second numbering).

  9. [9]

    No extant records explicitly state why the court believed Nauvoo lacked jurisdiction. One possibility is that while the ordinance regarding religious societies gave either the mayor’s court or municipal court original jurisdiction, the municipal court only had authority to function as an appellate court according to the Nauvoo charter. The same day they dismissed Nauvoo’s case against Hunter, the Hancock County Circuit Court also dismissed one of JS’s complaints against Amos Davis that was tried under similar circumstances. (Hancock Co., IL, Circuit Court Records, 1829–1897, vol. C, pp. 409, 473, microfilm 947,496, U.S. and Canada Record Collection, FHL; Minutes, 1 Mar. 1841; Act to Incorporate the City of Nauvoo, 16 Dec. 1840.)

Page [1]

State of Illinois)
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
)
Personally appeared before me
Daniel H. Wells

27 Oct. 1814–24 Mar. 1891. Farmer, teacher, ferry operator, lumber merchant, manager of nail factory, politician. Born in Trenton, Oneida Co., New York. Son of Daniel Wells and Catherine Chapin. Moved to Marietta, Washington Co., Ohio, ca. 1832. Moved to ...

View Full Bio
one of the Justices of the peace and Aldermaman in and for the 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
— Joseph Smith, who being first Duly sworn according to Law Deposeth and says that, <​he has been inform & verily believs​> that on or about the 26th Instant—
1

TEXT: Black ink shifts here to brown ink.


one Thomas J. Hunter of the
City

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
and
State

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
aforesaid Did use and make ridiculous and abusive language concerning Deponents character thereby Depreciating affiants Moral and relegious character— and Deponent further Says that the Said Thos. J. Hunter did make use of the Said Language contrary to an ordinance entitled
2

TEXT: Brown ink shifts here to black ink.


“an ordinance in relation to religious Societies[”] and further this Deponent Saith not—

Signature of JS.


Joseph Smith

Certification in the handwriting of Daniel H. Wells.


Subscrebed and Sworn to before this 29th
3

TEXT: Black ink shifts here to brown ink.


day of November A D 1842
D. H. Wells

27 Oct. 1814–24 Mar. 1891. Farmer, teacher, ferry operator, lumber merchant, manager of nail factory, politician. Born in Trenton, Oneida Co., New York. Son of Daniel Wells and Catherine Chapin. Moved to Marietta, Washington Co., Ohio, ca. 1832. Moved to ...

View Full Bio
<​Ald​>

Notation and endorsement in the handwriting of James Sloan.


filed Novr. 29th 1842.
/Entd/
4

TEXT: Slashes surrounding “Entd” in original.


[p. [1]]
View entire transcript

|

Cite this page

Source Note

Document Transcript

Page [1]

Document Information

Related Case Documents
Editorial Title
Complaint, 29 November 1842 [City of Nauvoo v. Hunter]
ID #
953
Total Pages
2
Print Volume Location
JSP, D11:238–240
Handwriting on This Page
  • George Stiles
  • Joseph Smith Jr.
  • Daniel H. Wells
  • James Sloan

Footnotes

  1. [1]

    TEXT: Black ink shifts here to brown ink.

  2. [2]

    TEXT: Brown ink shifts here to black ink.

  3. new scribe logo

    Signature of JS.

  4. new scribe logo

    Certification in the handwriting of Daniel H. Wells.

  5. [3]

    TEXT: Black ink shifts here to brown ink.

  6. new scribe logo

    Notation and endorsement in the handwriting of James Sloan.

  7. [4]

    TEXT: Slashes surrounding “Entd” in original.

© 2024 by Intellectual Reserve, Inc. All rights reserved.Terms of UseUpdated 2021-04-13Privacy NoticeUpdated 2021-04-06