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Introduction to City of Nauvoo v. Markham Docket Entry, circa 9 November 1841 [City of Nauvoo v. Markham]

Introduction to City of Nauvoo v. Markham

Page

City of Nauvoo v. Markham
Nauvoo, Hancock Co., Illinois, Mayor’s Court, 9 November 1841
 
Historical Introduction
On 9 November 1841, JS swore out a complaint accusing
Stephen Markham

9 Feb. 1800–10 Mar. 1878. Carpenter, farmer, stock raiser. Born at Rush (later Avon), Ontario Co., New York. Son of David Markham and Dinah Merry. Moved to Mentor, Geauga Co., Ohio, 1809. Moved to Unionville, Geauga Co., 1810. Married Hannah Hogaboom, before...

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of using “abusive language” in the streets 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....

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, Illinois. The nature of the verbal altercation is unknown. The city of Nauvoo was the named plaintiff in the legal action against Markham, meaning he allegedly violated a city ordinance; however, at the time there was no city ordinance relating to abusive language. It was not until 13 November, four days after JS submitted his complaint, that such an ordinance was passed. Titled “An Ordinance Concerning Vagrants and Disorderly Persons,” it prohibited the use of “profane or indecent language or behaviour” as well as “unbecoming language towards any City officer when in the discharge of his duty.”
1

Docket Entry, ca. 9 Nov. 1841 [City of Nauvoo v. Markham]; Nauvoo City Council Minute Book, 13 Nov. 1841, 31.


JS was presumably familiar with the ordinance prohibiting abusive language before its passage on 13 November, both because he sat on the city council and because he was part of a committee appointed to recommend local ordinances.
2

Nauvoo City Council Rough Minute Book, 3 Feb. 1841, 2; 6 Nov. 1841, 35.


Markham

9 Feb. 1800–10 Mar. 1878. Carpenter, farmer, stock raiser. Born at Rush (later Avon), Ontario Co., New York. Son of David Markham and Dinah Merry. Moved to Mentor, Geauga Co., Ohio, 1809. Moved to Unionville, Geauga Co., 1810. Married Hannah Hogaboom, before...

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pleaded guilty and was fined twenty-five dollars plus costs of the suit. On 1 December 1841, the mayor’s court reconsidered the case and remitted the fine, even though Mayor
John C. Bennett

3 Aug. 1804–5 Aug. 1867. Physician, minister, poultry breeder. Born at Fairhaven, Bristol Co., Massachusetts. Son of John Bennett and Abigail Cook. Moved to Marietta, Washington Co., Ohio, 1808; to Massachusetts, 1812; and back to Marietta, 1822. Married ...

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did not have the authority to do so; this power was granted to the city council.
3

Docket Entry, ca. 9 Nov. 1841 [City of Nauvoo v. Markham]. On 30 October 1841, the Nauvoo City Council resolved “that the City Council have Jurisdiction and authority over all Fines imposed by the city officers whether in retaining or remitting them.” (Nauvoo City Council Minute Book, 30 Oct. 1841, 26.)


 
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.
 

1841 (3)

November (3)

9 November 1841

JS, Complaint, Nauvoo, Hancock Co., IL

  • 9 Nov. 1841. Not extant.
    1

    See Docket Entry, ca. 9 Nov. 1841 [City of Nauvoo v. Markham].


9 November 1841

Warrant, for Stephen Markham, Nauvoo, Hancock Co., IL

  • 9 Nov. 1841. Not extant.
    1

    See Docket Entry, ca. 9 Nov. 1841 [City of Nauvoo v. Markham]. Interim city marshal Dimick B. Huntington served the warrant on Stephen Markham.


Ca. 9 November 1841

Docket Entry, Nauvoo, Hancock Co., IL

  • Ca. 9 Nov. 1841; Nauvoo Mayor’s Court Docket Book, 13; handwriting of John C. Bennett; notation in handwriting of John C. Bennett.
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Related Case Documents
Editorial Title
Introduction to City of Nauvoo v. Markham
ID #
13340
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      Docket Entry, ca. 9 Nov. 1841 [City of Nauvoo v. Markham]; Nauvoo City Council Minute Book, 13 Nov. 1841, 31.

    2. [2]

      Nauvoo City Council Rough Minute Book, 3 Feb. 1841, 2; 6 Nov. 1841, 35.

    3. [3]

      Docket Entry, ca. 9 Nov. 1841 [City of Nauvoo v. Markham]. On 30 October 1841, the Nauvoo City Council resolved “that the City Council have Jurisdiction and authority over all Fines imposed by the city officers whether in retaining or remitting them.” (Nauvoo City Council Minute Book, 30 Oct. 1841, 26.)

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