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. C. L. Higbee et al.

Introduction to City of Nauvoo v. C. L. Higbee et al.

Page

City of Nauvoo v. C. L. Higbee, C. A. Foster, and R. D. Foster
Nauvoo, Hancock Co., IL, Mayor’s Court, 26 April 1844
 
City of Nauvoo v. C. L. Higbee
1

Willard Richards, clerk of the municipal court, inscribed the docket entry for each appeal using the appellant’s name first and identifying the city of Nauvoo as the respondent. Although not used by Richards in this case, abbreviations for ad sectam were often used when reversing the order of parties on record. (Docket Entry, 2 May–ca. 3 June 1844 [City of Nauvoo v. C. L. Higbee]; Docket Entry, 2 May–ca. 3 June 1844 [City of Nauvoo v. C. A. Foster]; Docket Entry, ca. 3 June 1844 [City of Nauvoo v. R. D. Foster–A].)


Nauvoo, Hancock Co., IL, Municipal Court, 3 June 1844
City of Nauvoo v. C. A. Foster
Nauvoo, Hancock Co., IL, Municipal Court, 3 June 1844
City of Nauvoo v. R. D. Foster–A
Nauvoo, Hancock Co., IL, Municipal Court, 3 June 1844
 
City of Nauvoo v. C. A. Foster
Hancock Co., IL, Circuit Court, 21 October 1845
City of Nauvoo v. R. D. Foster–A
Hancock Co., IL, Circuit Court, 21 October 1845
 
Historical Introduction
City of Nauvoo v. C. L. Higbee, C. A. Foster, and R. D. Foster
On 26 April 1844, JS presided in the
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, mayor’s court over the prosecution of
Chauncey L. Higbee

7 Sept. 1821–7 Dec. 1884. Lawyer, banker, politician, judge. Born in Tate Township, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Lived in Fulton, Hamilton Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832...

View Full Bio
,
Charles A. Foster

Sept. 1815–1904. Physician, pharmacist. Born in England, likely in Braunston, Northamptonshire. Son of John Foster and Jane Knibb. Immigrated to U.S., arriving in New York on 27 June 1831. Moved to Hancock Co., Illinois, by Feb. 1843. Publisher of Nauvoo ...

View Full Bio
, and
Robert D. Foster

14 Mar. 1811–1 Feb. 1878. Justice of the peace, physician, land speculator. Born in Braunston, Northamptonshire, England. Son of John Foster and Jane Knibb. Married Sarah Phinney, 18 July 1837, at Medina Co., Ohio. Baptized into Church of Jesus Christ of ...

View Full Bio
“for resisting the auhoities [authorities] of the city.”
2

JS, Journal, 26 Apr. 1844.


Each of these men was a known critic of JS and the church.
3

On 7 May 1844, Robert D. Foster acquired “an opposition printing press.” On 10 May, Foster, along with his brother Charles, Chauncey L. Higbee, and other dissenters, published a prospectus for the Nauvoo Expositor, a newspaper dedicated to opposing the church and its teachings. (JS, Journal, 7 May 1844; Nauvoo Expositor Prospectus [Nauvoo, IL: ca. 10 May 1844], copy at CHL.)


Comprehensive Works Cited

Nauvoo Expositor Prospectus. Nauvoo, IL: ca. 10 May 1844. Copy at CHL.

Higbee had been excommunicated in 1842 for sexual misconduct and had not sought reinstatement.
4

Nauvoo Stake High Council Minutes, 20 and 24 May 1842, 1–2.


Comprehensive Works Cited

Nauvoo High Council Minutes, 1839–1845. CHL. LR 3102 22.

Robert D. Foster had been excommunicated along with other prominent dissenters for “unchristianlike conduct” on 18 April 1844.
5

JS, Journal, 18 Apr. 1844.


His brother Charles A. Foster had never been a Latter-day Saint but had purportedly authored a letter published in January 1844 in the New-York Daily Tribune that was highly critical of JS and the Saints of Nauvoo.
6

“The Mormons and Their Prophet—Legislation at Nauvoo—The Temple,” New-York Daily Tribune, 27 Jan. 1844, [1]; JS, Journal, 7 Mar. 1844.


Comprehensive Works Cited

New York Weekly Tribune. New York City. 1841–1866.

Earlier on 26 April, JS ordered
Orrin Porter Rockwell

June 1814–9 June 1878. Ferry operator, herdsman, farmer. Born in Belchertown, Hampshire Co., Massachusetts. Son of Orin Rockwell and Sarah Witt. Moved to Farmington (later in Manchester), Ontario Co., New York, 1817. Neighbor to JS. Baptized into Church of...

View Full Bio
to arrest
Augustine Spencer

22 Dec. 1788–after 1860. Land speculator, laborer. Born in West Stockbridge, Berkshire Co., Massachusetts. Son of Daniel Spencer and Chloe Wilson. Married Eliza Brown, ca. 1816. Signed redress petition for wrongs committed against Latter-day Saints in Missouri...

View Full Bio
for an alleged assault on his brother
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
, although JS apparently did not give Rockwell a warrant.
7

Charles A. Foster, Nauvoo, IL, Letter to the Editor, 29 Apr. 1844, Warsaw (IL) Signal, 8 May 1844, [3]. JS evidently based his initial order for Rockwell to arrest Augustine Spencer on an 1841 Nauvoo ordinance that criminalized “ridiculing abusing, or otherwise depreciating another in consequence of his religion” and declared the convicted offender “a disturber of the public peace.” The ordinance further made it the duty of the mayor to have “all such violators” arrested, “either with or without process.” It is unknown why JS asked Rockwell, who is not known to have been a law officer at that time, to arrest Spencer. (Nauvoo City Council Minute Book, 1 Mar. 1841, 13; Pleas, ca. 27 May 1844 [C. A. Foster v. JS and Coolidge].)


Comprehensive Works Cited

Warsaw Signal. Warsaw, IL. 1841–1853.

When Rockwell confronted Spencer at the law office of attorney
William Marr

5 Feb. 1817–5 Sept. 1844. Lawyer. Born in Scarborough, Cumberland Co., Maine. Son of Robert P. Marr and Olive Plaisted. Graduated from Bowdoin College, 1839, in Brunswick, Cumberland Co. Graduated from Harvard Law School, 1842. Moved to Nauvoo, Hancock Co...

View Full Bio
, Spencer refused to submit to arrest without a warrant. Rockwell called on
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
city marshal
John P. Greene

3 Sept. 1793–10 Sept. 1844. Farmer, shoemaker, printer, publisher. Born at Herkimer, Herkimer Co., New York. Son of John Coddington Greene and Anna Chapman. Married first Rhoda Young, 11 Feb. 1813. Moved to Aurelius, Cayuga Co., New York, 1814; to Brownsville...

View Full Bio
for assistance, but the marshal was likewise unsuccessful at making the arrest. Greene then called on
Higbee

7 Sept. 1821–7 Dec. 1884. Lawyer, banker, politician, judge. Born in Tate Township, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Lived in Fulton, Hamilton Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832...

View Full Bio
and the Foster brothers to assist in taking Spencer to the
mayor’s 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
. They refused, insisting that Greene would need a warrant and “saying they would see the Mayor and the city damned and then they would not.” At that point, Greene left to request from JS a warrant, which was granted. The marshal returned to Marr’s office and arrested Spencer.
8

John P. Greene, “All Is Peace at Nauvoo among the Saints,” Nauvoo Neighbor, 1 May 1844, [3]; Charles A. Foster, Nauvoo, IL, Letter to the Editor, 29 Apr. 1844, Warsaw (IL) Signal, 8 May 1844, [3]; Pleas, ca. 27 May 1844 [C. A. Foster v. JS and Coolidge].


Comprehensive Works Cited

Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

Warsaw Signal. Warsaw, IL. 1841–1853.

Greene

3 Sept. 1793–10 Sept. 1844. Farmer, shoemaker, printer, publisher. Born at Herkimer, Herkimer Co., New York. Son of John Coddington Greene and Anna Chapman. Married first Rhoda Young, 11 Feb. 1813. Moved to Aurelius, Cayuga Co., New York, 1814; to Brownsville...

View Full Bio
brought
Spencer

22 Dec. 1788–after 1860. Land speculator, laborer. Born in West Stockbridge, Berkshire Co., Massachusetts. Son of Daniel Spencer and Chloe Wilson. Married Eliza Brown, ca. 1816. Signed redress petition for wrongs committed against Latter-day Saints in Missouri...

View Full Bio
to the steps outside JS’s
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
, with
Higbee

7 Sept. 1821–7 Dec. 1884. Lawyer, banker, politician, judge. Born in Tate Township, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Lived in Fulton, Hamilton Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832...

View Full Bio
and the Foster brothers following. JS, having learned that the three men had earlier refused to aid Greene in the discharge of his duty, ordered the marshal to arrest them. When they resisted, JS attempted to detain the Foster brothers. In response
Charles

Sept. 1815–1904. Physician, pharmacist. Born in England, likely in Braunston, Northamptonshire. Son of John Foster and Jane Knibb. Immigrated to U.S., arriving in New York on 27 June 1831. Moved to Hancock Co., Illinois, by Feb. 1843. Publisher of Nauvoo ...

View Full Bio
pulled a double-barreled pistol on him.
9

John P. Greene, “All Is Peace at Nauvoo among the Saints,” Nauvoo Neighbor, 1 May 1844, [3].


Comprehensive Works Cited

Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

Latter-day Saint
Joseph W. Coolidge

31 May 1814–13 Jan. 1871. Carpenter, miller, merchant. Born in Bangor, Hancock Co., Maine. Son of John Kittridge Coolidge and Rebecca Stone Wellington. Moved to Cincinnati, by 1817. Moved to area of Mackinaw, Tazewell Co., Illinois, 1834. Married Elizabeth...

View Full Bio
helped JS disarm
Charles A. Foster

Sept. 1815–1904. Physician, pharmacist. Born in England, likely in Braunston, Northamptonshire. Son of John Foster and Jane Knibb. Immigrated to U.S., arriving in New York on 27 June 1831. Moved to Hancock Co., Illinois, by Feb. 1843. Publisher of Nauvoo ...

View Full Bio
and detain him, his brother, and Higbee. They remained in custody while JS tried and convicted Augustine Spencer for assaulting his
brother

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
.
10

Pleas, ca. 27 May 1844 [C. A. Foster v. JS and Coolidge]; JS, Journal, 26 Apr. 1844; Introduction to City of Nauvoo v. A. Spencer.


Following
Spencer

22 Dec. 1788–after 1860. Land speculator, laborer. Born in West Stockbridge, Berkshire Co., Massachusetts. Son of Daniel Spencer and Chloe Wilson. Married Eliza Brown, ca. 1816. Signed redress petition for wrongs committed against Latter-day Saints in Missouri...

View Full Bio
’s trial, JS presided at the prosecution of the Fosters and
Higbee

7 Sept. 1821–7 Dec. 1884. Lawyer, banker, politician, judge. Born in Tate Township, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Lived in Fulton, Hamilton Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832...

View Full Bio
, who were tried together. The documents produced by the mayor’s court are apparently not extant, but from JS’s journal and documents made on appeal, it is possible to reconstruct details of the trial.
11

JS, Journal, 26 Apr. 1844. Summarizing the trial, Willard Richards wrote in JS’s journal that he tried “at once R. D. Foster. Chauncy L. Higbee. & charls Foster.—for resisting the auhoities [authorities] of the city.” William W. Phelps, clerk of the mayor’s court, wrote to notify the municipal court that the defendants had appealed the mayor’s decision in “the case of The city of Nauvoo vs Chauncy L. Higbee Charles A. Foster Robert D. Foster.” (Notice of Appeal, 2 May 1844.)


The Fosters and Higbee were evidently charged with resisting
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
authorities under two city ordinances. The first criminalized “ridiculing abusing, or otherwise depreciating another in consequence of his religion” and made it the duty of the mayor to have “all such violators” arrested, “either with or
without process

Parties waived preliminary legal proceedings, such as the court issuing a summons for the defendant to appear.

View Glossary
.” The second ordinance criminalized “exciting the people to riot, or rebellion or of participating in a mob or any other unlawful riotous or tumultuous assemblage of the people, or of refusing to obey any civil officer executing the ordinances of the city.” Convicted offenders of either of these ordinances could be “fined in any Sum not exceeding five hundred Dollars.”
12

Nauvoo City Council Minute Book, 1 Mar. 1841, 12–13. Documents produced for Higbee’s and the Fosters’ appeals to the municipal court simply noted that the three men had been convicted of violating unspecified city ordinances. However, when Charles A. Foster brought a civil suit against JS and Joseph W. Coolidge in the Hancock County Circuit Court, alleging that they had falsely imprisoned and injured him on 26 April 1844, defense attorneys filed as evidence certified copies of the ordinances relating to religious societies and public meetings and referenced both ordinances in defense pleas. (Notice of Appeal, 2 May 1844; Docket Entry, 2 May–ca. 3 June 1844 [City of Nauvoo v. C. L. Higbee]; Docket Entry, 2 May–ca. 3 June 1844 [City of Nauvoo v. C. A. Foster]; Docket Entry, ca. 3 June 1844 [City of Nauvoo v. R. D. Foster–A]; Pleas, ca. 27 May 1844 [C. A. Foster v. JS and Coolidge]; Nauvoo City Council Minute Book, 1 Mar. 1841, 12–13; Ordinance, 1 Mar. 1841–E, Thomas Bullock Copy; Ordinance, 1 Mar. 1841–D, Thomas Bullock Copy.)


Rockwell

June 1814–9 June 1878. Ferry operator, herdsman, farmer. Born in Belchertown, Hampshire Co., Massachusetts. Son of Orin Rockwell and Sarah Witt. Moved to Farmington (later in Manchester), Ontario Co., New York, 1817. Neighbor to JS. Baptized into Church of...

View Full Bio
,
Greene

3 Sept. 1793–10 Sept. 1844. Farmer, shoemaker, printer, publisher. Born at Herkimer, Herkimer Co., New York. Son of John Coddington Greene and Anna Chapman. Married first Rhoda Young, 11 Feb. 1813. Moved to Aurelius, Cayuga Co., New York, 1814; to Brownsville...

View Full Bio
,
Coolidge

31 May 1814–13 Jan. 1871. Carpenter, miller, merchant. Born in Bangor, Hancock Co., Maine. Son of John Kittridge Coolidge and Rebecca Stone Wellington. Moved to Cincinnati, by 1817. Moved to area of Mackinaw, Tazewell Co., Illinois, 1834. Married Elizabeth...

View Full Bio
, and
Elbridge Tufts

5 Oct. 1812–27 Nov. 1850. Farmer, policeman. Born in Farmington, Kennebec Co., Maine. Son of Josiah Tufts and Lydia Merritt. Moved to Sebec, Penobscot Co., Maine, before 1835. Married Elmira Pinkham, 30 Sept. 1835, in Farmington. Baptized into Church of Jesus...

View Full Bio
testified for the prosecution, describing how the defendants initially refused to assist the marshal in the arrest of Spencer, how
Charles A. Foster

Sept. 1815–1904. Physician, pharmacist. Born in England, likely in Braunston, Northamptonshire. Son of John Foster and Jane Knibb. Immigrated to U.S., arriving in New York on 27 June 1831. Moved to Hancock Co., Illinois, by Feb. 1843. Publisher of Nauvoo ...

View Full Bio
pulled the gun on JS, and how each of the men threatened the mayor. JS convicted the defendants, fining them $100 each.
13

JS, Journal, 26 Apr. 1844.


 
City of Nauvoo v. C. L. Higbee; City of Nauvoo v. C. A. Foster; City of Nauvoo v. R. D. Foster–A
Chauncey L. Higbee

7 Sept. 1821–7 Dec. 1884. Lawyer, banker, politician, judge. Born in Tate Township, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Lived in Fulton, Hamilton Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832...

View Full Bio
,
Charles A. Foster

Sept. 1815–1904. Physician, pharmacist. Born in England, likely in Braunston, Northamptonshire. Son of John Foster and Jane Knibb. Immigrated to U.S., arriving in New York on 27 June 1831. Moved to Hancock Co., Illinois, by Feb. 1843. Publisher of Nauvoo ...

View Full Bio
, and
Robert D. Foster

14 Mar. 1811–1 Feb. 1878. Justice of the peace, physician, land speculator. Born in Braunston, Northamptonshire, England. Son of John Foster and Jane Knibb. Married Sarah Phinney, 18 July 1837, at Medina Co., Ohio. Baptized into Church of Jesus Christ of ...

View Full Bio
appealed their conviction within the week. Though they had been charged and tried as codefendants in a single prosecution in the mayor’s court, they filed separate appeals to the Nauvoo Municipal Court, resulting in three distinct actions.
14

Notice of Appeal, 2 May 1844. The Nauvoo charter specified that appeals of convictions in the mayor’s court for breaches of city ordinances would be heard in the municipal court. (Act to Incorporate the City of Nauvoo, 16 Dec. 1840.)


These appeals were scheduled to be heard at the court’s June 1844 term.
15

Notice of Appeal, 2 May 1844.


The court convened on 3 June. Because JS, the chief justice, was absent,
George 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...

View Full Bio
was elected president pro tempore.
16

JS, Journal, 3 June 1844; Nauvoo Municipal Court Docket Book, 102; Act to Incorporate the City of Nauvoo, 16 Dec. 1840.


Comprehensive Works Cited

Nauvoo Municipal Court Docket Book / Nauvoo, IL, Municipal Court. “Docket of the Municipal Court of the City of Nauvoo,” ca. 1843–1845. In Historian's Office, Historical Record Book, 1843–1874, pp. 51–150 and pp. 1–19 (second numbering). CHL. MS 3434.

Although the appellants were called, they did not appear in the court and the appeals were dismissed.
17

Docket Entry, 2 May–ca. 3 June 1844 [City of Nauvoo v. C. L. Higbee]; Docket Entry, 2 May–ca. 3 June 1844 [City of Nauvoo v. C. A. Foster]; Docket Entry, ca. 3 June 1844 [City of Nauvoo v. R. D. Foster–A].


The appellants presumably took this step because they intended to appeal to the Hancock County Circuit Court. The Nauvoo charter provided that appeals from the mayor’s court needed to first go to the municipal court and that only at that point could they appeal to the circuit court.
18

Act to Incorporate the City of Nauvoo, 16 Dec. 1840.


 
City of Nauvoo v. C. A. Foster; City of Nauvoo v. R. D. Foster–A
The following month, the Foster brothers appealed to the Hancock County Circuit Court.
19

Bond, 26 July 1844 [City of Nauvoo v. C. A. Foster]; Bond, 25 July 1844 [City of Nauvoo v. R. D. Foster–A].


For each appeal, the circuit court ordered the municipal court to halt the proceedings against the Fosters and to submit certified transcripts of the records.
20

Supersedeas, 26 July 1844 [City of Nauvoo v. C. A. Foster]; Supersedeas, 26 July 1844 [City of Nauvoo v. R. D. Foster–A]; Certiorari, 26 July 1844 [City of Nauvoo v. C. A. Foster]; Certiorari, 26 July 1844 [City of Nauvoo v. R. D. Foster–A].


At the October 1844 term,
Almon Babbitt

Oct. 1812–Sept. 1856. Postmaster, editor, attorney. Born at Cheshire, Berkshire Co., Massachusetts. Son of Ira Babbitt and Nancy Crosier. Baptized into Church of Jesus Christ of Latter-day Saints, ca. 1830. Located in Amherst, Lorain Co., Ohio, July 1831....

View Full Bio
and
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
, representing 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
, motioned that the circuit court dismiss the appeals and uphold the original fines. In turn, the brothers, represented by
Onias Skinner

21 July 1817–4 Feb. 1877. Sailor, teacher, preacher, farmer, lawyer, railroad president. Born in Floyd, Oneida Co., New York. Son of Onias Skinner and Tirza. Moved to Whitestown, Oneida Co., by 1830; to Peoria Co., Illinois, 1836; and to Greenville, Darke...

View Full Bio
, motioned for the circuit court to dismiss the original suits—and the original $100 fines—against them.
21

Motion, ca. 24 Oct. 1844 [City of Nauvoo v. C. A. Foster]; Motion, ca. 24 Oct. 1844 [City of Nauvoo v. R. D. Foster–A]; Motion, ca. 24 Oct. 1844 [City of Nauvoo v. C. A. Foster]; Motion, ca. 23 Oct. 1844 [City of Nauvoo v. R. D. Foster–A]; see also Act to Incorporate the City of Nauvoo, 16 Dec. 1840.


After hearing arguments from the attorneys, the court overruled both motions.
22

Docket Entry, Motions Overruled, 31 Oct. 1844 [City of Nauvoo v. C. A. Foster]; Docket Entry, Motions Overruled, 31 Oct. 1844 [City of Nauvoo v. R. D. Foster–A].


Each appeal was continued until the October 1845 term.
23

Docket Entry, Dismissal, 21 Oct. 1845 [City of Nauvoo v. C. A. Foster]; Docket Entry, Dismissal, 21 Oct. 1845 [City of Nauvoo v. R. D. Foster–A].


For unclear reasons, at the October term attorneys representing the “plaintiff”—referring to Nauvoo—filed motions to have the original suits against the Foster brothers dismissed.
24

Docket Entry, Dismissal, 21 Oct. 1845 [City of Nauvoo v. C. A. Foster]; Docket Entry, Dismissal, 21 Oct. 1845 [City of Nauvoo v. R. D. Foster–A]. Although the Illinois legislature had disincorporated the city of Nauvoo in January 1845, the following April the area’s residents voted to incorporate a town under the state’s general incorporation law. It was presumably this entity that sent an attorney to represent its interests at the October term. Nauvoo’s leadership may have opted to seek dismissal of the suits against the Fosters because Latter-day Saint leaders were by that time preparing to depart the city and were perhaps uninterested in prolonging the suits. In addition, after an outbreak of violence between church members and their antagonists in September 1845, the church’s opponents requested Illinois judge Norman H. Purple to not convene the October 1845 session of the Hancock County Circuit Court on the grounds that holding court might provoke further hostilities. Although Purple ultimately presided at the session as scheduled, the heightened tensions may have influenced Nauvoo’s leadership to seek dismissal of the suits against the Fosters. (An Act to Repeal the Act Entitled “An Act to Incorporate the City of Nauvoo,” Approved December 16, 1840 [29 Jan. 1845], Laws of the State of Illinois, pp. 187–188; Clayton, Journal, 15 Apr. 1845; see also An Act Further Defining the Powers and Duties of Trustees of Incorporated Towns [31 Jan. 1835], Public and General Statute Laws of the State of Illinois, pp. 384–385, sec. 1; Administrative Records, Volume 1, Introduction to Part 3: Sept.–Oct. 1845; and Council of Fifty, “Record,” 4 Oct. 1845.)


Comprehensive Works Cited

Laws of the State of Illinois, Passed by the Fourteenth General Assembly, at Their Regular Session, Began and Held at Springfield, December 2nd, 1844. Springfield, IL: Walters and Weber, 1845.

Clayton, William. Journals, 1842–1845. CHL.

The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

The court granted the motions and held that the defendants could recover their costs from the city.
25

Docket Entry, Dismissal, 21 Oct. 1845 [City of Nauvoo v. C. A. Foster]; Docket Entry, Dismissal, 21 Oct. 1845 [City of Nauvoo v. R. D. Foster–A].


 
Calendar of Documents
This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court. Where a version of a document was subsequently filed with another court, that version is listed under both courts.
 
City of Nauvoo v. C. L. Higbee et al., Nauvoo, Hancock Co., Illinois, Mayor’s Court

1844 (4)

April (1)

Ca. 26 April 1844

Docket Entry, Nauvoo, Hancock Co., IL

  • Ca. 26 Apr. 1844. Not extant.
    1

    See Notice of Appeal, 2 May 1844.


  • Between 2 May and 3 June 1844. Not extant.
    2

    See Notice of Appeal, 2 May 1844. William W. Phelps, clerk of the Nauvoo Mayor’s Court, indicated he would send a copy of the mayor’s court docket entry to the municipal court for the appeals of Chauncey L. Higbee, Charles A. Foster, and Robert D. Foster.


May (1)

Ca. 2 May 1844

Supersedeas, Nauvoo, Hancock Co., IL

  • Ca. 2 May 1844. Not extant.
    1

    See Docket Entry, 2 May–ca. 3 June 1844 [City of Nauvoo v. C. L. Higbee].


June (2)

3 June 1844

Procedendo, to Nauvoo Mayor’s Court Clerk, Nauvoo, Hancock Co., IL

  • 3 June 1844. Not extant.
    1

    See Docket Entry, 2 May–ca. 3 June 1844 [City of Nauvoo v. C. L. Higbee].


3 June 1844

Bill of Particulars, Nauvoo, Hancock Co., IL

  • 3 June 1844. Not extant.
    1

    See Docket Entry, 2 May–ca. 3 June 1844 [City of Nauvoo v. C. L. Higbee]. The docket entry indicates the bill of particulars was inscribed on the verso of the procedendo.


 
City of Nauvoo v. C. L. Higbee, Nauvoo, Hancock Co., Illinois, Municipal Court

1844 (4)

April (1)

Ca. 29 April 1844

Bond, Nauvoo, Hancock Co., IL

  • Ca. 29 Apr. 1844. Not extant.
    1

    See Notice of Appeal, 2 May 1844.


May (1)

2 May 1844

William W. Phelps, Notice of Appeal, to Nauvoo Municipal Court Clerk, Nauvoo, Hancock Co., IL
1

This document provided the municipal court with notice of appeals in City of Nauvoo v. C. L. Higbee et al. and City of Nauvoo v. A. Spencer.


  • 2 May 1844; Nauvoo, IL, Records, CHL; handwriting of William W. Phelps; docket and notation in handwriting of Willard Richards.

June (2)

Between 2 May and 3 June 1844

Docket Entry, Copy, Nauvoo, Hancock Co., IL

  • Between 2 May and 3 June 1844. Not extant.
    1

    See Notice of Appeal, 2 May 1844. This represents the copy of the City of Nauvoo v. C. L. Higbee et al. docket entry created for the appeals of all three defendants to the municipal court.


2 May–ca. 3 June 1844

Docket Entry, Nauvoo, Hancock Co., IL

  • 2 May–ca. 3 June 1844; Nauvoo Municipal Court Docket Book, 104; handwriting of Willard Richards; notation in handwriting of Thomas Bullock.

1845 (1)

February (1)

10 February 1845

Daniel Spencer, Pay Order, Nauvoo, Hancock Co., IL, to Nauvoo City Treasurer, for Nauvoo Municipal Court Clerk , Nauvoo, Hancock Co., IL

  • 10 Feb. 1845. Not extant.
    1

    See Docket Entry, 2 May–ca. 3 June 1844 [City of Nauvoo v. C. L. Higbee].


 
City of Nauvoo v. C. A. Foster, Nauvoo, Hancock Co., Illinois, Municipal Court

1844 (4)

April (1)

Ca. 29 April 1844

Bond, Nauvoo, Hancock Co., IL

  • Ca. 29 Apr. 1844. Not extant.
    1

    See Notice of Appeal, 2 May 1844.


May (1)

2 May 1844

William W. Phelps, Notice of Appeal, to Nauvoo Municipal Court Clerk, Nauvoo, Hancock Co., IL
1

This document provided the municipal court with notice of appeals in City of Nauvoo v. C. L. Higbee et al. and City of Nauvoo v. A. Spencer.


  • 2 May 1844; Nauvoo, IL, Records, CHL; handwriting of William W. Phelps; docket and notation in handwriting of Willard Richards.

June (2)

Between 2 May and 3 June 1844

Docket Entry, Copy, Nauvoo, Hancock Co., IL

  • Between 2 May and 3 June 1844. Not extant.
    1

    See Notice of Appeal, 2 May 1844. This represents the copy of the City of Nauvoo v. C. L. Higbee et al. docket entry created for the appeals of all three defendants to the municipal court.


2 May–ca. 3 June 1844

Docket Entry, Nauvoo, Hancock Co., IL

  • 2 May–ca. 3 June 1844; Nauvoo Municipal Court Docket Book, 105; handwriting of Willard Richards; notation in handwriting of Thomas Bullock.

1845 (1)

February (1)

10 February 1845

Daniel Spencer, Pay Order, Nauvoo, Hancock Co., IL, to Nauvoo City Treasurer, for Nauvoo Municipal Court Clerk, Nauvoo, Hancock Co., IL

  • 10 Feb. 1845. Not extant.
    1

    See Docket Entry, 2 May–ca. 3 June 1844 [City of Nauvoo v. C. A. Foster].


 
City of Nauvoo v. R. D. Foster, Nauvoo, Hancock Co., Illinois, Municipal Court

1844 (4)

April (1)

Ca. 29 April 1844

Bond, Nauvoo, Hancock Co., IL

  • Ca. 29 Apr. 1844. Not extant.
    1

    See Notice of Appeal, 2 May 1844.


May (1)

2 May 1844

William W. Phelps, Notice of Appeal, to Nauvoo Municipal Court Clerk, Nauvoo, Hancock Co., IL
1

This document provided the municipal court with notice of appeals in City of Nauvoo v. C. L. Higbee et al. and City of Nauvoo v. A. Spencer.


  • 2 May 1844; Nauvoo, IL, Records, CHL; handwriting of William W. Phelps; docket and notation in handwriting of Willard Richards.

June (2)

Between 2 May and 3 June 1844

Docket Entry, Copy, Nauvoo, Hancock Co., IL

  • Between 2 May and 3 June 1844. Not extant.
    1

    See Notice of Appeal, 2 May 1844. This represents the copy of the City of Nauvoo v. C. L. Higbee et al. docket entry created for the appeals of all three defendants to the municipal court.


Ca. 3 June 1844

Docket Entry, Nauvoo, Hancock Co., IL

  • Ca. 3 June 1844; Nauvoo Municipal Court Docket Book, 106; handwriting of Willard Richards; notation in handwriting of Thomas Bullock.
  • 16 Oct. 1844; private possession; photocopy in Historical Department, Nineteenth-Century Legal Documents Collection, 1829–1973, CHL; handwriting of John McEwan; certified by William W. Phelps.
    1

    A copy of the municipal court docket entry was created on 16 October 1844 and forwarded to the Hancock County Circuit Court.


1845 (1)

February (1)

10 February 1845

Daniel Spencer, Pay Order, Nauvoo, Hancock Co., IL, to Nauvoo City Treasurer, for Nauvoo Municipal Court Clerk, Nauvoo, Hancock Co., IL

  • 10 Feb. 1845. Not extant.
    1

    See Docket Entry, ca. 3 June 1844 [City of Nauvoo v. R. D. Foster–A].


 
City of Nauvoo v. C. A. Foster, Hancock Co., Illinois, Circuit Court

1844 (9)

July (3)

26 July 1844

Charles A. Foster and Others, Bond, Hancock Co., IL, to City of Nauvoo

  • 26 July 1844; CHL; handwriting of Charles A. Foster; signatures of Charles A. Foster, Robert D. Foster, and Artois Hamilton; certified by Jacob B. Backenstos.
26 July 1844

Jacob B. Backenstos, Certiorari, Carthage, Hancock Co., IL, to Nauvoo Municipal Court, Nauvoo, Hancock Co., IL

  • 26 July 1844; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of Jacob B. Backenstos; docket in handwriting of Jacob B. Backenstos; notations in handwriting of William Backenstos; notation probably in handwriting of Jacob B. Backenstos.
26 July 1844

Jacob B. Backenstos, Supersedeas, Carthage, Hancock Co., IL, to Nauvoo Municipal Court and Others, Nauvoo, Hancock Co., IL

  • 26 July 1844; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of M. Avise; signature of Jacob B. Backenstos; docket in handwriting of Jacob B. Backenstos; notations in handwriting of William Backenstos; notation in handwriting of David E. Head.

October (6)

Ca. 21 October 1844

Almon Babbitt, Motion, Hancock Co., IL

  • Ca. 21 Oct. 1844; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of Almon Babbitt.
22 October 1844

Docket Entry, Motion, Carthage, Hancock Co., IL

  • 22 Oct. 1844; Hancock County Circuit Court Record, vol. D, p. [177], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
Ca. 24 October 1844

George Stiles and Almon Babbitt, Motion, Hancock Co., IL, ca. 24 Oct. 1844–A

  • Ca. 24 Oct. 1844; Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of George Stiles; docket in handwriting of George Stiles; notation in handwriting of Jacob B. Backenstos.
Ca. 24 October 1844

Onias Skinner, Motion, Hancock Co., IL, ca. 24 Oct. 1844–B

  • Ca. 24 Oct. 1844; private possession; handwriting of Onias Skinner; docket in handwriting of Onias Skinner; docket and notation probably in handwriting of David E. Head.
25 October 1844

Docket Entry, Motions, Carthage, Hancock Co., IL

  • 25 Oct. 1844; Hancock County Circuit Court Record, vol. D, p. 202, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
31 October 1844

Docket Entry, Motions Overruled, Nauvoo, Hancock Co., IL

  • 31 Oct. 1844; Hancock County Circuit Court Record, vol. D, p. 224, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.

1845 (3)

October (3)

21 October 1845

Docket Entry, Dismissal, Nauvoo, Hancock Co., IL

  • 21 Oct. 1845; Hancock County Circuit Court Record, vol. D, p. [325], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
Ca. 21 October 1845

Docket Entry, Carthage, Hancock Co., IL

  • Ca. 21 Oct. 1845; Hancock County Circuit Court, Judgment Docket, vol. C, p. 165, Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting probably of David E. Head.
Ca. 21 October 1845

Docket Entry, Fee Bill, Carthage, Hancock Co., IL

  • Ca. 21 Oct. 1845; Hancock County Circuit Court, Fee Book, vol. G, p. 594. Not extant.
    1

    See Docket Entry, ca. 21 Oct. 1845 [City of Nauvoo v. C. A. Foster].


1846 (1)

March (1)

Between 17 December 1845 and ca. 17 March 1846

Docket Entry, Fieri Facias, Carthage, Hancock Co., IL

  • Between 17 Dec. 1845 and ca. 17 Mar. 1846; Hancock County Circuit Court, Execution Docket, vol. C, p. [19], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting of David E. Head; notation in unidentified handwriting.
 
City of Nauvoo v. R. D. Foster–A, Hancock Co., Illinois, Circuit Court

1844 (11)

July (3)

25 July 1844

Robert D. Foster and Others, Bond, Hancock Co., IL, to City of Nauvoo

  • 25 July 1844; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of Robert D. Foster; signatures of Robert D. Foster, Charles A. Foster and Artois Hamilton; certified by Jacob B. Backenstos.
26 July 1844

Jacob B. Backenstos, Certiorari, Carthage, Hancock Co., IL, to Nauvoo Municipal Court, Nauvoo, Hancock Co., IL

  • 26 July 1844; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of Jacob B. Backenstos; docket in handwriting of Jacob B. Backenstos; notations in handwriting of William Backenstos; notation probably in handwriting of Jacob B. Backenstos.
26 July 1844

Jacob B. Backenstos, Supersedeas, Carthage, Hancock Co., IL, to Nauvoo Municipal Court and Others, Nauvoo, Hancock Co., IL

  • 26 July 1844; microfilm in Circuit Court case files, 1830–1900, CHL; unidentified handwriting; signature of Jacob B. Backenstos; docket in handwriting of Jacob B. Backenstos; notations in handwriting of William Backenstos; notation in handwriting of David E. Head.

October (8)

16 October 1844

Docket Entry, Copy, Nauvoo, Hancock Co., IL

  • 16 Oct. 1844; private possession; photocopy in Historical Department, Nineteenth-Century Legal Documents Collection, 1829–1973, CHL; handwriting of John McEwan; certified by William W. Phelps.
    1

    This represents the copy of the municipal court docket entry forwarded to the Hancock County Circuit Court.


Ca. 21 October 1844

George Stiles and Almon Babbitt, Motion, Hancock Co., IL

  • Ca. 21 Oct. 1844; private possession; microfilm 1,521,606 at FHL; handwriting of George Stiles; docket in handwriting of George Stiles; docket in unidentified handwriting; notation probably in handwriting of David E. Head.
22 October 1844

Docket Entry, Motion, Carthage, Hancock Co., IL

  • 22 Oct. 1844; Hancock County Circuit Court Record, vol. D, p. [177], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
Ca. 23 October 1844

George Stiles and Almon Babbitt, Motion, Hancock Co., IL

  • Ca. 23 Oct. 1844; private possession; microfilm 1,521,606 at FHL; handwriting of George Stiles; docket and notation in handwriting of Jacob B. Backenstos.
Ca. 24 October 1844

Onias Skinner, Motion, Hancock Co., IL

  • Ca. 24 Oct. 1844; private possession; microfilm in Court Cases Files, 1830–1846, CHL; handwriting of Onias Skinner; docket in handwriting of Onias Skinner; docket and notation probably in handwriting of David E. Head.
25 October 1844

Docket Entry, Motions, Carthage, Hancock Co., IL

  • 25 Oct. 1844; Hancock County Circuit Court Record, vol. D, p. 202, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
30 October 1844

Onias Skinner, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL

  • 30 Oct. 1844; private possession; microfilm 1,521,606 at FHL; handwriting of Onias Skinner; docket in handwriting of Onias Skinner; notation in handwriting of Jacob B. Backenstos.
31 October 1844

Docket Entry, Motions Overruled, Carthage, Hancock Co., IL

  • 31 Oct. 1844; Hancock County Circuit Court Record, vol. D, p. 224, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.

1845 (3)

October (3)

Ca. 20 October 1845

George Stiles and Almon Babbitt, Motion, Hancock Co., IL

  • Ca. 20 Oct. 1845. Not extant.
    1

    See Docket Entry, Dismissal, 21 Oct. 1845 [City of Nauvoo v. R. D. Foster–A].


21 October 1845

Docket Entry, Dismissal, Carthage, Hancock Co., IL

  • 21 Oct. 1845; Hancock County Circuit Court Record, vol. D, p. [325], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
Ca. 21 October 1845

Docket Entry, Carthage, Hancock Co., IL

  • Ca. 21 Oct. 1845; Hancock County Circuit Court, Judgment Docket, vol. C, p. 165, Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting probably of David E. Head.

1846 (1)

March (1)

Between 17 December 1845 and ca. 17 March 1846

Docket Entry, Fieri Facias, Carthage, Hancock Co., IL

  • Between 17 Dec. 1845 and ca. 17 Mar. 1846; Hancock County Circuit Court, Execution Docket, vol. C, p. [19], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting of David E. Head; notation in unidentified handwriting.
View entire transcript

|

Cite this page

Source Note

Document Transcript

Page

Document Information

Related Case Documents
Editorial Title
Introduction to City of Nauvoo v. C. L. Higbee et al.
ID #
17600
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      Willard Richards, clerk of the municipal court, inscribed the docket entry for each appeal using the appellant’s name first and identifying the city of Nauvoo as the respondent. Although not used by Richards in this case, abbreviations for ad sectam were often used when reversing the order of parties on record. (Docket Entry, 2 May–ca. 3 June 1844 [City of Nauvoo v. C. L. Higbee]; Docket Entry, 2 May–ca. 3 June 1844 [City of Nauvoo v. C. A. Foster]; Docket Entry, ca. 3 June 1844 [City of Nauvoo v. R. D. Foster–A].)

    2. [2]

      JS, Journal, 26 Apr. 1844.

    3. [3]

      On 7 May 1844, Robert D. Foster acquired “an opposition printing press.” On 10 May, Foster, along with his brother Charles, Chauncey L. Higbee, and other dissenters, published a prospectus for the Nauvoo Expositor, a newspaper dedicated to opposing the church and its teachings. (JS, Journal, 7 May 1844; Nauvoo Expositor Prospectus [Nauvoo, IL: ca. 10 May 1844], copy at CHL.)

      Nauvoo Expositor Prospectus. Nauvoo, IL: ca. 10 May 1844. Copy at CHL.

    4. [4]

      Nauvoo Stake High Council Minutes, 20 and 24 May 1842, 1–2.

      Nauvoo High Council Minutes, 1839–1845. CHL. LR 3102 22.

    5. [5]

      JS, Journal, 18 Apr. 1844.

    6. [6]

      “The Mormons and Their Prophet—Legislation at Nauvoo—The Temple,” New-York Daily Tribune, 27 Jan. 1844, [1]; JS, Journal, 7 Mar. 1844.

      New York Weekly Tribune. New York City. 1841–1866.

    7. [7]

      Charles A. Foster, Nauvoo, IL, Letter to the Editor, 29 Apr. 1844, Warsaw (IL) Signal, 8 May 1844, [3]. JS evidently based his initial order for Rockwell to arrest Augustine Spencer on an 1841 Nauvoo ordinance that criminalized “ridiculing abusing, or otherwise depreciating another in consequence of his religion” and declared the convicted offender “a disturber of the public peace.” The ordinance further made it the duty of the mayor to have “all such violators” arrested, “either with or without process.” It is unknown why JS asked Rockwell, who is not known to have been a law officer at that time, to arrest Spencer. (Nauvoo City Council Minute Book, 1 Mar. 1841, 13; Pleas, ca. 27 May 1844 [C. A. Foster v. JS and Coolidge].)

      Warsaw Signal. Warsaw, IL. 1841–1853.

    8. [8]

      John P. Greene, “All Is Peace at Nauvoo among the Saints,” Nauvoo Neighbor, 1 May 1844, [3]; Charles A. Foster, Nauvoo, IL, Letter to the Editor, 29 Apr. 1844, Warsaw (IL) Signal, 8 May 1844, [3]; Pleas, ca. 27 May 1844 [C. A. Foster v. JS and Coolidge].

      Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

      Warsaw Signal. Warsaw, IL. 1841–1853.

    9. [9]

      John P. Greene, “All Is Peace at Nauvoo among the Saints,” Nauvoo Neighbor, 1 May 1844, [3].

      Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

    10. [10]

      Pleas, ca. 27 May 1844 [C. A. Foster v. JS and Coolidge]; JS, Journal, 26 Apr. 1844; Introduction to City of Nauvoo v. A. Spencer.

    11. [11]

      JS, Journal, 26 Apr. 1844. Summarizing the trial, Willard Richards wrote in JS’s journal that he tried “at once R. D. Foster. Chauncy L. Higbee. & charls Foster.—for resisting the auhoities [authorities] of the city.” William W. Phelps, clerk of the mayor’s court, wrote to notify the municipal court that the defendants had appealed the mayor’s decision in “the case of The city of Nauvoo vs Chauncy L. Higbee Charles A. Foster Robert D. Foster.” (Notice of Appeal, 2 May 1844.)

    12. [12]

      Nauvoo City Council Minute Book, 1 Mar. 1841, 12–13. Documents produced for Higbee’s and the Fosters’ appeals to the municipal court simply noted that the three men had been convicted of violating unspecified city ordinances. However, when Charles A. Foster brought a civil suit against JS and Joseph W. Coolidge in the Hancock County Circuit Court, alleging that they had falsely imprisoned and injured him on 26 April 1844, defense attorneys filed as evidence certified copies of the ordinances relating to religious societies and public meetings and referenced both ordinances in defense pleas. (Notice of Appeal, 2 May 1844; Docket Entry, 2 May–ca. 3 June 1844 [City of Nauvoo v. C. L. Higbee]; Docket Entry, 2 May–ca. 3 June 1844 [City of Nauvoo v. C. A. Foster]; Docket Entry, ca. 3 June 1844 [City of Nauvoo v. R. D. Foster–A]; Pleas, ca. 27 May 1844 [C. A. Foster v. JS and Coolidge]; Nauvoo City Council Minute Book, 1 Mar. 1841, 12–13; Ordinance, 1 Mar. 1841–E, Thomas Bullock Copy; Ordinance, 1 Mar. 1841–D, Thomas Bullock Copy.)

    13. [13]

      JS, Journal, 26 Apr. 1844.

    14. [14]

      Notice of Appeal, 2 May 1844. The Nauvoo charter specified that appeals of convictions in the mayor’s court for breaches of city ordinances would be heard in the municipal court. (Act to Incorporate the City of Nauvoo, 16 Dec. 1840.)

    15. [15]

      Notice of Appeal, 2 May 1844.

    16. [16]

      JS, Journal, 3 June 1844; Nauvoo Municipal Court Docket Book, 102; Act to Incorporate the City of Nauvoo, 16 Dec. 1840.

      Nauvoo Municipal Court Docket Book / Nauvoo, IL, Municipal Court. “Docket of the Municipal Court of the City of Nauvoo,” ca. 1843–1845. In Historian's Office, Historical Record Book, 1843–1874, pp. 51–150 and pp. 1–19 (second numbering). CHL. MS 3434.

    17. [17]

      Docket Entry, 2 May–ca. 3 June 1844 [City of Nauvoo v. C. L. Higbee]; Docket Entry, 2 May–ca. 3 June 1844 [City of Nauvoo v. C. A. Foster]; Docket Entry, ca. 3 June 1844 [City of Nauvoo v. R. D. Foster–A].

    18. [18]

      Act to Incorporate the City of Nauvoo, 16 Dec. 1840.

    19. [19]

      Bond, 26 July 1844 [City of Nauvoo v. C. A. Foster]; Bond, 25 July 1844 [City of Nauvoo v. R. D. Foster–A].

    20. [20]

      Supersedeas, 26 July 1844 [City of Nauvoo v. C. A. Foster]; Supersedeas, 26 July 1844 [City of Nauvoo v. R. D. Foster–A]; Certiorari, 26 July 1844 [City of Nauvoo v. C. A. Foster]; Certiorari, 26 July 1844 [City of Nauvoo v. R. D. Foster–A].

    21. [21]

      Motion, ca. 24 Oct. 1844 [City of Nauvoo v. C. A. Foster]; Motion, ca. 24 Oct. 1844 [City of Nauvoo v. R. D. Foster–A]; Motion, ca. 24 Oct. 1844 [City of Nauvoo v. C. A. Foster]; Motion, ca. 23 Oct. 1844 [City of Nauvoo v. R. D. Foster–A]; see also Act to Incorporate the City of Nauvoo, 16 Dec. 1840.

    22. [22]

      Docket Entry, Motions Overruled, 31 Oct. 1844 [City of Nauvoo v. C. A. Foster]; Docket Entry, Motions Overruled, 31 Oct. 1844 [City of Nauvoo v. R. D. Foster–A].

    23. [23]

      Docket Entry, Dismissal, 21 Oct. 1845 [City of Nauvoo v. C. A. Foster]; Docket Entry, Dismissal, 21 Oct. 1845 [City of Nauvoo v. R. D. Foster–A].

    24. [24]

      Docket Entry, Dismissal, 21 Oct. 1845 [City of Nauvoo v. C. A. Foster]; Docket Entry, Dismissal, 21 Oct. 1845 [City of Nauvoo v. R. D. Foster–A]. Although the Illinois legislature had disincorporated the city of Nauvoo in January 1845, the following April the area’s residents voted to incorporate a town under the state’s general incorporation law. It was presumably this entity that sent an attorney to represent its interests at the October term. Nauvoo’s leadership may have opted to seek dismissal of the suits against the Fosters because Latter-day Saint leaders were by that time preparing to depart the city and were perhaps uninterested in prolonging the suits. In addition, after an outbreak of violence between church members and their antagonists in September 1845, the church’s opponents requested Illinois judge Norman H. Purple to not convene the October 1845 session of the Hancock County Circuit Court on the grounds that holding court might provoke further hostilities. Although Purple ultimately presided at the session as scheduled, the heightened tensions may have influenced Nauvoo’s leadership to seek dismissal of the suits against the Fosters. (An Act to Repeal the Act Entitled “An Act to Incorporate the City of Nauvoo,” Approved December 16, 1840 [29 Jan. 1845], Laws of the State of Illinois, pp. 187–188; Clayton, Journal, 15 Apr. 1845; see also An Act Further Defining the Powers and Duties of Trustees of Incorporated Towns [31 Jan. 1835], Public and General Statute Laws of the State of Illinois, pp. 384–385, sec. 1; Administrative Records, Volume 1, Introduction to Part 3: Sept.–Oct. 1845; and Council of Fifty, “Record,” 4 Oct. 1845.)

      Laws of the State of Illinois, Passed by the Fourteenth General Assembly, at Their Regular Session, Began and Held at Springfield, December 2nd, 1844. Springfield, IL: Walters and Weber, 1845.

      Clayton, William. Journals, 1842–1845. CHL.

      The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

    25. [25]

      Docket Entry, Dismissal, 21 Oct. 1845 [City of Nauvoo v. C. A. Foster]; Docket Entry, Dismissal, 21 Oct. 1845 [City of Nauvoo v. R. D. Foster–A].

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