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Introduction to State of Illinois v. Greene et al. and State of Illinois v. Greene et al. on Habeas Corpus Warrant, 1 April 1844 [State of Illinois v. Greene et al.] Petition, 2 April 1844 [State of Illinois v. Greene et al. on Habeas Corpus] Habeas Corpus, 2 April 1844 [State of Illinois v. Greene et al. on Habeas Corpus] Habeas Corpus, 2 April 1844, Copy [State of Illinois v. Greene et al. on Habeas Corpus] Summons, 2 April 1844 [State of Illinois v. Greene et al. on Habeas Corpus] Subpoena, 3 April 1844 [State of Illinois v. Greene et al. on Habeas Corpus] Docket Entry, 2–circa 3 April 1844 [State of Illinois v. Greene et al. on Habeas Corpus] Execution, 7 May 1844 [State of Illinois v. Greene et al. on Habeas Corpus]

Introduction to State of Illinois v. Greene et al. and State of Illinois v. Greene et al. on Habeas Corpus

Page

State of Illinois v. Greene, A. Lytle, and J. Lytle
Hancock Co., Illinois, Justice of the Peace Court, 2 April 1844
 
State of Illinois v. Greene, A. Lytle, and J. Lytle on Habeas Corpus
Nauvoo, Hancock Co., Illinois, Municipal Court, 3 April 1844
 
Historical Introduction
In early April 1844, JS presided over a
habeas corpus

“Have the body”; a written order from a court of competent jurisdiction commanding anyone having a person in custody to produce such person at a certain time and place and to state the reasons why he or she is being held in custody. The court will determine...

View Glossary

“Have the body”; a written order from a court of competent jurisdiction commanding anyone having a person in custody to produce such person at a certain time and place and to state the reasons why he or she is being held in custody. The court will determine...

View Glossary
hearing for
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...

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, the marshal 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
, Illinois, and brothers
John

18 Aug. 1803–12 Oct. 1892. Blacksmith, policeman, farmer. Born in Turbot Township, Northumberland Co., Pennsylvania. Son of Andrew Lytle and Sarah Davidson. Moved to West Buffalo, Northumberland Co., by 1810. Moved to Ohio, ca. 1820. Married Christina Diana...

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and
Andrew Lytle

25 Dec. 1812–25 Dec. 1870. Blacksmith, policeman, justice of the peace, mayor. Born in Northumberland Co., Pennsylvania. Son of Andrew Lytle and Sarah Davidson. Moved to Akron, Portage Co., Ohio. Married Hannah Hull, 18 Oct. 1835, in Waterford, Erie Co., ...

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, who were Nauvoo policemen. This case grew out of a dispute between the three men and
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...

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on 1 April 1844. On 30 March, a Black man known only as Chism was accused of robbing a store in Nauvoo and was whipped by a lynch mob. JS worked to prosecute some of the perpetrators. Meanwhile, Justice of the Peace
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 ...

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also initiated legal proceedings, leading to confusion over jurisdiction.
1

Introduction to City of Nauvoo v. Eastin.


On 1 April, when Greene attempted to serve legal process from JS, he was accosted by Higbee, who allegedly used harsh language toward Constable
Joel Miles

25 Oct. 1816–in/after 1862. Constable, carpenter, justice of the peace. Born in Rutland Co., Vermont. Son of Samuel Miles and Sarah Simonds. Moved to Freedom, Cattaraugus Co., New York, ca. 1830. Baptized into Church of Jesus Christ of Latter-day Saints by...

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, who was also present. Greene ordered Higbee not to use “impertinent language”; Higbee responded by verbally abusing the marshal. Greene then had the Lytle brothers arrest Higbee without legal process, apparently on the authority of a Nauvoo city ordinance that authorized city officers to make arrests without warrants.
2

Docket Entry, 2–ca. 3 Apr. 1844 [State of Illinois v. Greene et al. on Habeas Corpus]; Nauvoo City Council Minute Book, 1 Mar. 1841, 13.


On 1 April, Nauvoo 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 ...

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convicted Higbee of using “indecent abusive & Threatening Language” toward Greene and Miles, fining him ten dollars for breaching a city ordinance.
3

Docket Entry, 1 Apr. 1844 [City of Nauvoo v. C. L. Higbee–B]; Complaint, 1 Apr. 1844 [City of Nauvoo v. C. L. Higbee–B]; JS, Journal, 1 Apr. 1844. Willard Richards mistakenly identified the defendant in JS’s journal as Francis M. Higbee rather than Chauncey L. Higbee.


Following his 1 April conviction,
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...

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filed a complaint before
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 ...

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, citing the lack of process and accusing
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...

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and the two Lytle brothers of false imprisonment.
4

Warrant, 1 Apr. 1844 [State of Illinois v. Greene et al.].


On 2 April, Constable
John D. Parker

22 Nov. 1799–26 Feb. 1891. Farmer, wainwright. Born in Saratoga, Saratoga Co., New York. Son of Abel Parker and Mary Davies. Served in War of 1812 as teamster in General John E. Wool’s company, 1813–1814. Married Harriet Sherwood. Moved to Galway, Saratoga...

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arrested the three men, but they immediately petitioned 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
Municipal Court for a writ of habeas corpus.
5

Warrant, 1 Apr. 1844 [State of Illinois v. Greene et al.]; Petition, 2 Apr. 1844 [State of Illinois v. Greene et al. on Habeas Corpus]. For more on habeas corpus, see “The Nauvoo Municipal Court and the Writ of Habeas Corpus.”


Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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, clerk of the municipal court, issued the writ, summoned the members of the municipal court, and subpoenaed witnesses to appear at a hearing the next day.
6

Habeas Corpus, 2 Apr. 1844 [State of Illinois v. Greene et al. on Habeas Corpus]; Summons, 2 Apr. 1844 [State of Illinois v. Greene et al. on Habeas Corpus]; Subpoena, 3 Apr. 1844 [State of Illinois v. Greene et al. on Habeas Corpus].


JS presided over the 3 April Nauvoo Municipal Court hearing on the habeas corpus writ.
Miles

25 Oct. 1816–in/after 1862. Constable, carpenter, justice of the peace. Born in Rutland Co., Vermont. Son of Samuel Miles and Sarah Simonds. Moved to Freedom, Cattaraugus Co., New York, ca. 1830. Baptized into Church of Jesus Christ of Latter-day Saints by...

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, the two Lytle brothers, and Greene testified concerning the circumstances of Higbee’s arrest, while Foster testified concerning Higbee’s complaint. The municipal court held that Greene and the Lytle brothers’ arrest of Higbee
without process

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

View Glossary
was valid under the clause in Nauvoo’s religious societies ordinance that allowed officers to arrest “violators of rule, law, and order, either with or without process.”
7

Docket Entry, 2–ca. 3 Apr. 1844 [State of Illinois v. Greene et al. on Habeas Corpus]; Complaint, 1 Apr. 1844 [City of Nauvoo v. C. L. Higbee–B]; Nauvoo City Council Minute Book, 1 Mar. and 13 Nov. 1841, 13, 31.


Accordingly, the court ordered the three men to be discharged from arrest and ruled that Higbee was “a very disorderly person.”
8

Docket Entry, 2–ca. 3 Apr. 1844 [State of Illinois v. Greene et al. on Habeas Corpus]; JS, Journal, 3 Apr. 1844. The municipal court’s ruling alluded to language in a habeas corpus ordinance passed by the Nauvoo City Council on 8 August 1842 which stated that “if upon investigation it shall be proven before the Municipal Court, that the Writ or Process has been issued, either through private pique, malicious intent, religious or other persecution, falsehood, or misrepresentation,” then the warrant would be “quashed” and the prisoner discharged. (Nauvoo City Council Minute Book, 8 Aug. 1842, 98–99.)


In addition, the court held that Higbee’s complaint had “originated in a malicious and vexatious suit” and ordered him to pay the costs of the habeas corpus hearing, which amounted to $19.86¼. The court’s efforts to collect the costs from Higbee were unsuccessful.
9

Docket Entry, 2–ca. 3 Apr. 1844 [State of Illinois v. Greene et al. on Habeas Corpus]; Execution, 7 May 1844 [State of Illinois v. Greene et al. on Habeas Corpus]. Although an execution was issued in May 1844, city marshal Greene died without serving it and the seventy-day limit on the execution expired. In February 1845, as one of the last official acts of the city officers after the Nauvoo charter had been repealed in January 1845, the mayor tallied up outstanding fees owed by the city—apparently including the unpaid costs from this case—and authorized payment out of the city treasury. (An Act Concerning Justices of the Peace and Constables [3 Feb. 1827], Public and General Statute Laws of the State of Illinois [1839], p. 408, sec. 27; Daniel Spencer, Order of City Treasury, to William Clayton, 10 Feb. 1845, Nauvoo, IL, Records, CHL.)


Comprehensive Works Cited

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.

Nauvoo, IL, Records, 1841–1845. CHL.

 
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.
 
State of Illinois v. Greene et al., Hancock Co., Illinois, Justice of the Peace Court

1844 (2)

April (2)

1 April 1844

Chauncey L. Higbee, Complaint, before Robert D. Foster, Nauvoo, Hancock Co., IL

  • 1 Apr. 1844. Not extant.
    1

    See Warrant, 1 Apr. 1844 [State of Illinois v. Greene et al.].


1 April 1844

Robert D. Foster, Warrant, to Hancock Co. Sheriff, Coroner, or Constable, for John P. Greene and Others, Nauvoo, Hancock Co., IL

  • 1 Apr. 1844. Not extant.
  • Ca. 2 Apr. 1844; Nauvoo, IL, Records, CHL; handwriting of George Stiles; docket and notation in handwriting of George Stiles.
    1

    This copy was forwarded to the Nauvoo Municipal Court. It was attached to the 2 April 1844 petition with a red adhesive wafer.


 
State of Illinois v. Greene et al. on Habeas Corpus, Nauvoo, Hancock Co., Illinois, Municipal Court

1844 (7)

April (6)

1 April 1844

Robert D. Foster, Warrant, Copy, to Hancock Co. Sheriff, Coroner, or Constable, for John P. Greene and Others, Nauvoo, Hancock Co., IL

  • Ca. 2 Apr. 1844; Nauvoo, IL, Records, CHL; handwriting of George Stiles; docket and notation in handwriting of George Stiles.
    1

    This represents the copy forwarded to the Nauvoo Municipal Court. It was attached to the 2 April 1844 petition with a red adhesive wafer.


2 April 1844

John P. Greene and Others, Petition, Nauvoo, Hancock Co., IL, to Nauvoo Municipal Court

  • 2 Apr. 1844; Nauvoo, IL, Records, CHL; handwriting of George Stiles; signatures of John P. Greene, Andrew Lytle, and John Lytle; certification in handwriting of Willard Richards; docket in handwriting of Willard Richards.
    1

    This document was attached to a copy of the 1 April 1844 warrant with a red adhesive wafer.


2 April 1844

Willard Richards, Habeas Corpus, to Nauvoo City Marshal, Nauvoo, Hancock Co., IL

  • 2 Apr. 1844; Nauvoo, IL, Records, CHL; handwriting of Willard Richards; docket and notations in handwriting of Willard Richards; notation in handwriting of Dimick B. Huntington.
  • 2 Apr. 1844; Nauvoo, IL, Records, CHL; handwriting of George Stiles; docket and notations in handwriting of George Stiles; notation in handwriting of Willard Richards; notations in handwriting of John D. Parker.
2 April 1844
1

Willard Richards mistakenly dated this document 2 March 1844.


Willard Richards, Summons, to Nauvoo City Marshal, for JS and Others, Nauvoo, Hancock Co., IL

  • 2 Apr. 1844; Nauvoo, IL, Records, CHL; handwriting of Willard Richards; docket in handwriting of Willard Richards; notations in handwriting of John P. Greene.
2–ca. 3 April 1844

Docket Entry, Nauvoo, Hancock Co., IL

  • 2–ca. 3 Apr. 1844; Nauvoo Municipal Court Docket Book, 91–93; handwriting of Willard Richards; notation in handwriting of Willard Richards; notations in handwriting of Thomas Bullock.
3 April 1844

Willard Richards, Subpoena, for Chauncey L. Higbee and Others, Nauvoo, Hancock Co., IL

  • 3 Apr. 1844; Nauvoo, IL, Records, CHL; handwriting of Willard Richards; docket in handwriting of Willard Richards; notations in handwriting of John D. Parker.

May (1)

7 May 1844

Willard Richards, Execution, to Nauvoo City Marshal, Nauvoo, Hancock Co., IL

  • 7 May 1844; Nauvoo, IL, Records, CHL; handwriting of Willard Richards; docket in handwriting of Willard Richards; endorsement in handwriting of John P. Greene; notation in handwriting of Jonathan C. Wright; notation in handwriting of Willard Richards.

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–ca. 3 Apr. 1844 [State of Illinois v. Greene et al. on Habeas Corpus].


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Related Case Documents
Editorial Title
Introduction to State of Illinois v. Greene et al. and State of Illinois v. Greene et al. on Habeas Corpus
ID #
18271
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      Introduction to City of Nauvoo v. Eastin.

    2. [2]

      Docket Entry, 2–ca. 3 Apr. 1844 [State of Illinois v. Greene et al. on Habeas Corpus]; Nauvoo City Council Minute Book, 1 Mar. 1841, 13.

    3. [3]

      Docket Entry, 1 Apr. 1844 [City of Nauvoo v. C. L. Higbee–B]; Complaint, 1 Apr. 1844 [City of Nauvoo v. C. L. Higbee–B]; JS, Journal, 1 Apr. 1844. Willard Richards mistakenly identified the defendant in JS’s journal as Francis M. Higbee rather than Chauncey L. Higbee.

    4. [4]

      Warrant, 1 Apr. 1844 [State of Illinois v. Greene et al.].

    5. [5]

      Warrant, 1 Apr. 1844 [State of Illinois v. Greene et al.]; Petition, 2 Apr. 1844 [State of Illinois v. Greene et al. on Habeas Corpus]. For more on habeas corpus, see “The Nauvoo Municipal Court and the Writ of Habeas Corpus.”

    6. [6]

      Habeas Corpus, 2 Apr. 1844 [State of Illinois v. Greene et al. on Habeas Corpus]; Summons, 2 Apr. 1844 [State of Illinois v. Greene et al. on Habeas Corpus]; Subpoena, 3 Apr. 1844 [State of Illinois v. Greene et al. on Habeas Corpus].

    7. [7]

      Docket Entry, 2–ca. 3 Apr. 1844 [State of Illinois v. Greene et al. on Habeas Corpus]; Complaint, 1 Apr. 1844 [City of Nauvoo v. C. L. Higbee–B]; Nauvoo City Council Minute Book, 1 Mar. and 13 Nov. 1841, 13, 31.

    8. [8]

      Docket Entry, 2–ca. 3 Apr. 1844 [State of Illinois v. Greene et al. on Habeas Corpus]; JS, Journal, 3 Apr. 1844. The municipal court’s ruling alluded to language in a habeas corpus ordinance passed by the Nauvoo City Council on 8 August 1842 which stated that “if upon investigation it shall be proven before the Municipal Court, that the Writ or Process has been issued, either through private pique, malicious intent, religious or other persecution, falsehood, or misrepresentation,” then the warrant would be “quashed” and the prisoner discharged. (Nauvoo City Council Minute Book, 8 Aug. 1842, 98–99.)

    9. [9]

      Docket Entry, 2–ca. 3 Apr. 1844 [State of Illinois v. Greene et al. on Habeas Corpus]; Execution, 7 May 1844 [State of Illinois v. Greene et al. on Habeas Corpus]. Although an execution was issued in May 1844, city marshal Greene died without serving it and the seventy-day limit on the execution expired. In February 1845, as one of the last official acts of the city officers after the Nauvoo charter had been repealed in January 1845, the mayor tallied up outstanding fees owed by the city—apparently including the unpaid costs from this case—and authorized payment out of the city treasury. (An Act Concerning Justices of the Peace and Constables [3 Feb. 1827], Public and General Statute Laws of the State of Illinois [1839], p. 408, sec. 27; Daniel Spencer, Order of City Treasury, to William Clayton, 10 Feb. 1845, Nauvoo, IL, Records, 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.

      Nauvoo, IL, Records, 1841–1845. CHL.

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