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Introduction to United States v. Haws et al. Promissory Note to Robert E. Lee, 10 September 1840, Nathaniel Childs Jr. Copy Promissory Note to Robert E. Lee, 10 September 1840, Charles B. Penrose Copy Summons, 25 April 1842 [United States v. Haws et al.] Declaration, circa 7 June 1842 [United States v. Haws et al.] Docket Entry, Judgment, 11 June 1842–30 January 1851 [United States v. Haws et al.] Transcript of Proceedings, circa 11 June 1842 [United States v. Haws et al.] Report of United States Attorney for District of Illinois, circa June 1842 [United States v. Haws et al.] Docket Entry, Fieri Facias, circa 18 July 1842 [United States v. Haws et al.] Report of United States Marshal, 22 July 1842 [U.S. v. Haws et al.] Report of United States Marshal, 24 January 1843 [United States v. Haws et al.] Report of United States Marshal, 23 January 1844 [United States v. Haws et al.]

Introduction to United States v. Haws et al.

Page

United States v. Haws, H. W. Miller, G. Miller, JS, and H. Smith
United States District Court for the District of Illinois, Springfield, Sangamon Co., Illinois, 11 June 1842
 
Historical Introduction
In April 1842,
Justin Butterfield

1790–Oct. 1855. Teacher, lawyer. Born in Keene, Cheshire Co., New Hampshire. Moved to Watertown, Jefferson Co., New York, ca. 1810, where he taught school and studied law. Admitted to bar, 1812, at Watertown. Practiced law in Adams, Jefferson Co., and Sackets...

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, United States attorney for the district of
Illinois

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
, brought charges against
Peter Haws

17 Feb. 1796–1862. Farmer, miller, businessman. Born in Leeds Co., Johnstown District (later in Ontario), Upper Canada. Son of Edward Haws and Polly. Married Charlotte Harrington. Baptized into Church of Jesus Christ of Latter-day Saints. Moved to Kirtland...

View Full Bio
,
Henry W. Miller

1 May 1807–9 Oct. 1885. Carpenter, builder, farmer. Born in Lexington, Greene Co., New York. Family resided at Windham, Greene Co., 1810. Son of James Miller and Ruth Arnold. Moved to Illinois, ca. 1829. Married first Elmira Pond, 19 June 1831. Baptized into...

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,
George Miller

25 Nov. 1794–after July 1856. Carpenter, mill operator, lumber dealer, steamboat owner. Born near Stanardsville, Orange Co., Virginia. Son of John Miller and Margaret Pfeiffer. Moved to Augusta Co., Virginia, 1798; to Madison Co., Kentucky, 1806; to Boone...

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, JS, and
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

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for an unpaid promissory note given to the federal government. Haws, JS, and the others had purchased the steamboat Des Moines from the government in a public auction in September 1840. The five men gave Robert E. Lee, who was overseeing the sale on behalf of the government, a promissory note for $4,866.38 due in eight months.
1

“Extensive Sale on Account of the United States,” Quincy (IL) Whig, 5 Sept. 1840, 3; Oaks and Bentley, “Joseph Smith and Legal Process,” 735–738. Illinois senator Richard M. Young, Illinois governor Thomas Carlin, and Quincy, Illinois, merchant D. G. Whitney provided references for the signers of the note. (Richard M. Young and Thomas Carlin to Robert E. Lee, 10 Sept. 1840; Endorsement from Richard M. Young and D. G. Whitney, 10 Sept. 1840, microfilm, Records of the Solicitor of the Treasury, copy at CHL; Collins and Perry, Past and Present of the City of Quincy, 142–143.)


Comprehensive Works Cited

Quincy Whig. Quincy, IL. 1838–1856.

Oaks, Dallin H., and Joseph I. Bentley. “Joseph Smith and Legal Process: In the Wake of the Steamboat Nauvoo.” Brigham Young University Law Review, no. 3 (1976): 735–782.

Records of the Solicitor of the Treasury / National Archives Reference Service Report, 23 Sept. 1964. “Record Group 206, Records of the Solicitor of the Treasury, and Record Group 46, Records of the United States Senate: Records Relating to the Mormons in Illinois, 1839–1848 (Records Dated 1840–1852), Including Memorials of Mormons to Congress, 1840–1844, Some of Which Relate to Outrages Committed against the Mormons in Missouri, 1831–1839.” Microfilm. Washington DC: National Archives and Records Service, General Services Administration, 1964. Copy in Records Related to Church Interaction with Federal Government, 1840–1852, CHL.

Collins, William H., and Cicero F. Perry. Past and Present of the City of Quincy and Adams County, Illinois. Chicago: S. J. Clarke Publishing, 1905.

A few months after the purchase, the steamboat, which was renamed the Nauvoo, was damaged while piloted by Benjamin and William Holladay. JS and the other owners blamed the Holladays for the wreck and brought a lawsuit against them in November 1840 in 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 ...

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Circuit Court, claiming $2,000 in damages.
2

Introduction to Miller et al. v. B. Holladay and W. Holladay.


In February 1841, JS and his partners received a promissory note from Charles B. and Marvin B. Street to pay for their purchase of several shares in the boat.
3

Oaks and Bentley, “Joseph Smith and Legal Process,” 740–741. JS and his partners in the steamboat initiated a lawsuit against the Streets in 1844 for nonpayment. (Introduction to JS et al. v. C. B. Street and M. B. Street.)


Comprehensive Works Cited

Oaks, Dallin H., and Joseph I. Bentley. “Joseph Smith and Legal Process: In the Wake of the Steamboat Nauvoo.” Brigham Young University Law Review, no. 3 (1976): 735–782.

In May 1841, because the promissory note to the federal government remained unpaid, Charles B. Penrose, the newly appointed solicitor for the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

More Info
Treasury, arranged to collect payment by seeking the arrest of JS and
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

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.
4

“Appointments by the President,” Madisonian (Washington DC), 23 Mar. 1841, [2]; John Bell to Charles B. Penrose, 29 May 1841, microfilm, Records of the Solicitor of the Treasury, copy at CHL.


Comprehensive Works Cited

The Madisonian. Washington DC. 1837–1841.

Records of the Solicitor of the Treasury / National Archives Reference Service Report, 23 Sept. 1964. “Record Group 206, Records of the Solicitor of the Treasury, and Record Group 46, Records of the United States Senate: Records Relating to the Mormons in Illinois, 1839–1848 (Records Dated 1840–1852), Including Memorials of Mormons to Congress, 1840–1844, Some of Which Relate to Outrages Committed against the Mormons in Missouri, 1831–1839.” Microfilm. Washington DC: National Archives and Records Service, General Services Administration, 1964. Copy in Records Related to Church Interaction with Federal Government, 1840–1852, CHL.

He instructed Montgomery Blair, United States district attorney in
St. Louis

Located on west side of Mississippi River about fifteen miles south of confluence with Missouri River. Founded as fur-trading post by French settlers, 1764. Incorporated as town, 1809. First Mississippi steamboat docked by town, 1817. Incorporated as city...

More Info
, to apprehend the two men in
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

More Info
, as they were thought to travel there.
5

Letter, Charles B. Penrose to Montgomery Blair, 1 June 1841.


This plan failed, and
Butterfield

1790–Oct. 1855. Teacher, lawyer. Born in Keene, Cheshire Co., New Hampshire. Moved to Watertown, Jefferson Co., New York, ca. 1810, where he taught school and studied law. Admitted to bar, 1812, at Watertown. Practiced law in Adams, Jefferson Co., and Sackets...

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initiated a common law
action of debt

An action in debt is a common-law remedy designed “for the recovery of a sum certain.” Debt is a “more extensive remedy for the recovery of money, than assumpsit or covenant, for it lies to recover money due upon legal liabilities, as for money lent, paid...

View Glossary
in the United States district court in
Springfield

Settled by 1819. Incorporated as town, 1832. Became capital of Illinois, 1837. Incorporated as city, 1840. Sangamon Co. seat. Population in 1840 about 2,600. Stake of Church of Jesus Christ of Latter-day Saints organized in Springfield, Nov. 1840; discontinued...

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, Illinois, in April 1842.
6

Summons, 25 Apr. 1842 [United States v. Haws et al.]. Federal law gave United States district courts jurisdiction over civil cases in which the United States was a party to the action. (An Act to Establish the Judicial Courts of the United States [24 Sept. 1789], Public Statutes at Large, vol. 1, pp. 76–77, sec. 9.)


Comprehensive Works Cited

The Public Statutes at Large of the United States of America, from the Organization of the Government in 1789, to March 3, 1845. . . . Edited by Richard Peters. 8 vols. Boston: Charles C. Little and James Brown, 1846–1867.

The defendants, except for
Haws

17 Feb. 1796–1862. Farmer, miller, businessman. Born in Leeds Co., Johnstown District (later in Ontario), Upper Canada. Son of Edward Haws and Polly. Married Charlotte Harrington. Baptized into Church of Jesus Christ of Latter-day Saints. Moved to Kirtland...

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, were notified of the proceedings in May.
7

Summons, 25 Apr. 1842 [United States v. Haws et al.]. Haws could not be found. Records indicate that he was in the vicinity of Nauvoo, Illinois, when the others were served with notice. (Ledger A, 275, Nauvoo House Association, Records, CHL.)


Comprehensive Works Cited

Nauvoo House Association. Ledger A, 1841–1845. Nauvoo House Association, Records, 1841–1846. CHL.

In June, Butterfield filed a
declaration

English common law courts developed a complex process of pleading in civil suits that required the parties to file a series of legal documents, or pleadings, in order to define the dispute precisely. Courts in England’s American colonies and, later, in the...

View Glossary
claiming that the defendants owed the federal government $10,000.
8

Declaration, ca. 7 June 1842 [United States v. Haws et al.]. Butterfield claimed both the $4,866.38 of the 1840 promissory note and an additional $5,133.62 “for so much money before that time lent and advanced by the said plaintiff to the said defendants.” The declaration was worded according to legal conventions of the time. Though it appeared to plead multiple causes of action (“for divers goods, wares, and Merchandize” and for money “lent and advanced”), it was actually one cause stated in different ways. (See Historical Introduction to Declaration to the Geauga County Court of Common Pleas, 7 May 1838 [JS for the use of J. Granger v. Smalling and Coltrin].)


On 11 June, the day of the trial, the defendants failed to appear and the court awarded the United States $4,866.38 for the delinquent promissory note and $317.93 in damages, as well as the court costs.
9

Transcript of Proceedings, ca. 11 June 1842 [United States v. Haws et al.]; Docket Entry, Fieri Facias, ca. 18 July 1842 [United States v. Haws et al.]. Illinois law provided that the court could assign the clerk “to assess the damages, by computing the interest.” (An Act concerning Practice in Courts of Law [29 Jan. 1827], Public and General Statute Laws of the State of Illinois [1839], p. 532, sec. 13.)


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.

Though five men were charged in
Butterfield

1790–Oct. 1855. Teacher, lawyer. Born in Keene, Cheshire Co., New Hampshire. Moved to Watertown, Jefferson Co., New York, ca. 1810, where he taught school and studied law. Admitted to bar, 1812, at Watertown. Practiced law in Adams, Jefferson Co., and Sackets...

View Full Bio
’s action, JS became the focus of the repayment. Butterfield informed Penrose that “unless the Judg[men]t can be collected of [JS] and his brother
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

View Full Bio
it will be lost as the other defendants are all insolvent.”
10

Letter, Justin Butterfield to Charles B. Penrose, 2 Aug. 1842. Hyrum Smith was also found to be insolvent, and only JS’s property was pursued. (JS, Journal, 9–20 Dec. 1842; Transcript of Proceedings, ca. 17 July 1852 [United States v. Joseph Smith III et al.].)


In April 1842, two weeks before the summons for this litigation was served on them, JS and Hyrum Smith had petitioned for bankruptcy.
11

The return of service noted that a summons was read to the defendants, except Haws, on 4 May 1842. On 18 April 1842, JS, Hyrum Smith, and others traveled to Carthage and “testified to their lists of insolvency.” (Summons, 25 Apr. 1842 [United States v. Haws et al.]; JS, Journal, 18 Apr. 1842; “District Court of the United States,” Wasp, 7 May 1842, 3.)


Comprehensive Works Cited

The Wasp. Nauvoo, IL. Apr. 1842–Apr. 1843.

Some viewed this as an attempt to avoid paying creditors with the assets he had. JS’s financial dealings, especially land transactions, were called into question.
12

“The Mormons,” Sangamo Journal (Springfield, IL), 1 July 1842, [2].


Comprehensive Works Cited

Sangamo Journal. Springfield, IL. 1831–1847.

Butterfield looked into claims made by
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 ...

View Full Bio
and found several transactions in
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
that Butterfield considered fraudulent, either because the transfers took place after JS had applied for bankruptcy or because JS had transferred property to noncreditors, including family members.
13

John C. Bennett, who had been excommunicated in May 1842 and left Nauvoo in June, alleged that JS had been involved in fraudulent land transactions. In one of his letters to the editor of the Sangamo Journal, Bennett identified three instances when JS had transferred property after applying for bankruptcy. If these transactions took place after JS applied for bankruptcy, they would be considered void. (“Gen. Bennett’s Third Letter,” Sangamo Journal, 15 July 1842, [2]; see also Hancock Co., IL, Deed Records, 1817–1917, vol. K, pp. 21, 151, 159–161, 1 Jan. 1842; 9 and 18 Apr. 1842, microfilm 954,599, U.S. and Canada Record Collection, FHL.)


Comprehensive Works Cited

Sangamo Journal. Springfield, IL. 1831–1847.

U.S. and Canada Record Collection. FHL.

Butterfield concluded that Bennett’s accusations of fraud were accurate and wrote to the court opposing JS’s petition for bankruptcy.
14

Letter, Justin Butterfield to Charles B. Penrose, 11 Oct. 1842.


Despite opposing JS’s bankruptcy proceedings,
Butterfield

1790–Oct. 1855. Teacher, lawyer. Born in Keene, Cheshire Co., New Hampshire. Moved to Watertown, Jefferson Co., New York, ca. 1810, where he taught school and studied law. Admitted to bar, 1812, at Watertown. Practiced law in Adams, Jefferson Co., and Sackets...

View Full Bio
sought to reach an arrangement wherein the bankruptcy would be accepted in return for JS and his partners repaying the debt owed the federal government. In December 1842, JS and other church leaders offered Butterfield a bond, payable in four annual installments and secured “by a Mortgage in real estate,” to satisfy the 11 June judgment.
15

Agreement, Henry G. Sherwood and Others with Justin Butterfield, 16 Dec. 1842.


Butterfield recommended this arrangement to Penrose, explaining, “If I should defeat [JS] obtaining his discharge under the Bankrupt Act (of which I have no doubt) it would then be necessary to institute proceedings in
Chancery

The court of chancery, also known as equity, emerged in fourteenth-century England as an alternative to the common law courts, which over preceding centuries had developed complicated and strict rules of procedure, governed by precedent. Partial compliance...

View Glossary
, to set aside fraudulent
conveyances

The transfer of land title by one or more persons or entities to one or more others.

View Glossary
he has made, in order to subject his property to execution. Such a proceeding would be attended with costs and delays.”
16

Letter, Justin Butterfield to Charles B. Penrose, 17 Dec. 1842.


Penrose countered that if JS would pay a third of the judgment in cash and the balance in installments over one to three years, then he would consent.
17

Letter, Charles B. Penrose to Justin Butterfield, 11 Jan. 1843.


When no agreement could be reached, however, another attempt was made to collect the judgment in July 1843. An officer approached JS and demanded payment, but JS apparently refused, and the officer was unable to find property to seize.
18

Transcript of Proceedings, ca. 17 July 1852 [United States v. Joseph Smith III et al.].


 
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.
 

1840 (1)

September (1)

10 September 1840

Peter Haws and Others (Including JS), Promissory Note, Quincy, Adams Co., IL, to Robert E. Lee

  • 10 Sept. 1840. Not extant.
  • 8 Oct. 1840; Case Files and Other Records Relating to Suits, 1791–1929, Records of the Solicitor of the Treasury, Record Group 206, National Archives and Records Administration, Washington DC; microfilm at CHL; handwriting of Nathaniel Childs Jr.; docket in unidentified handwriting.
  • 1 June 1841;
    1

    A copy of the promissory note was enclosed in a 1 June 1841 letter from Charles B. Penrose to Montgomery Blair. (Letter, Solicitor of the Treasury to Montgomery Blair, 1 June 1841.)


    Case Files and Other Records Relating to Suits, 1791–1929, Records of the Solicitor of the Treasury, Record Group 206, National Archives and Records Administration, Washington DC; handwriting of Charles B. Penrose.
 
United States District Court for the District of Illinois, Springfield, Sangamon Co., Illinois

1842 (9)

April (1)

25 April 1842

James Owings, Summons, to U.S. Marshal of the District of IL, for Peter Haws and Others, Springfield, Sangamon Co., IL

  • 25 Apr. 1842. Not extant.
  • 11 June 1842; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Record, 1819–1842, vol. 1, p. 529, National Archives at Chicago, Chicago; unidentified handwriting.

June (5)

Ca. 7 June 1842

Justin Butterfield, Declaration, Illinois

  • Ca. 7 June 1842. Not extant.
  • 11 June 1842; in Transcript of Proceedings, U.S. District Court for the District of Illinois, Complete Record, 1819–1842, vol. 1, pp. 529–531, National Archives at Chicago, Chicago; unidentified handwriting.
11 June 1842–30 January 1851

Docket Entry, Judgment, Chicago, Cook Co., IL

  • 11 June 1842–30 Jan. 1851; Register of Miscellaneous Suits in which the United States is a party or interested, 1834–1848, pp. 37–38, 110–111, Case Files and Other Records Relating to Suits, 1791–1929, Records of the Solicitor of the Treasury, Record Group 206, National Archives and Records Administration, Washington DC; microfilm at CHL; printed form with manuscript additions in unidentified handwriting.
Ca. 11 June 1842

Transcript of Proceedings, Springfield, Sangamon Co., IL

  • Ca. 11 June 1842; U.S. District Court for the District of Illinois, Complete Record, 1819–1842, vol. 1, pp. 529–531, National Archives at Chicago, Chicago; unidentified handwriting.
Ca. 11 June 1842

Judgment, Springfield, Sangamon Co., IL

  • Ca. 11 June 1842. Not extant.
  • 12 Dec. 1848. Not extant.
    1

    See Docket Entry, Allowed Claim from the United States, 12 Dec. 1848 [Ferris Administrator of the Estate of JS]. A certified copy of a judgment from the case was filed with the Hancock County Probate Court as a claim against JS’s estate. The claim was later withdrawn. (Docket Entry, Claim Withdrawn, 5 Feb. 1849 [Ferris Administrator of the Estate of JS].)


Ca. June 1842

Justin Butterfield, Report, Chicago, Cook Co., IL, to U.S. Solicitor of the Treasury, Washington DC

  • Ca. June 1842; Reports about Debt Proceedings against JS and Others, Contained in Periodic Reports of the United States Attorneys and Marshals of the Solicitor of the Treasury, Case Files and Other Records Relating to Suits, 1791–1929, Records of the Solicitor of the Treasury, Record Group 206, National Archives and Records Administration, Washington DC; microfilm at CHL; printed form with manuscript additions in unidentified handwriting; signature of Justin Butterfield.

July (3)

18 July 1842

Fieri Facias, to U.S. Marshal of the District of IL, Springfield, Sangamon Co., IL

  • 18 July 1842. Not extant.
    1

    See Docket Entry, Fieri Facias, ca. 18 July 1842 [United States v. Haws et al.]; Report of United States Marshal, 22 July 1842 [U.S. v. Haws et al.]; and Transcript of Proceedings, ca. 17 July 1852 [United States v. Joseph Smith III et al.], p. 488.


Ca. 18 July 1842

Docket Entry, Fieri Facias,
1

This document appears to be a loose version of information typically found in an execution docket, although no such docket is extant for this case.


Springfield, Sangamon Co., IL

  • Ca. 18 July 1842; microfilm in reel 25 of Wilford C. Wood, Collection of Church Historical Materials, CHL; unidentified handwriting.
22 July 1842

William Prentiss, Report, Springfield, Sangamon Co., IL, to U.S. Solicitor of the Treasury, Washington DC

  • 22 July 1842; Reports of the United States Marshals 1821–1885, vol. 6, Records of the Solicitor of the Treasury, Record Group 206, National Archives and Records Administration, Washington DC;
    1

    The report was collated and bound in a volume with other reports. The collated reports were not paginated.


    printed form with manuscript additions in unidentified handwriting; docket in unidentified handwriting.

1843 (2)

January (1)

24 January 1843

William Prentiss, Report, Springfield, Sangamon Co., IL, to U.S. Solicitor of the Treasury, Washington DC

  • 24 Jan. 1843; Case Files and Other Records Relating to Suits, 1791–1929, Records of the Solicitor of the Treasury, Record Group 206, National Archives and Records Administration, Washington DC; microfilm at CHL; printed form with manuscript additions in unidentified handwriting; signature of William Prentiss.

July (1)

3 July 1843

Alias Fieri Facias, to U.S. Marshal of the District of IL, Springfield, Sangamon Co., IL

  • 3 July 1843. Not extant.
    1

    See Transcript of Proceedings, ca. 17 July 1852 [United States v. Joseph Smith III et al.], p. 489.


1844 (1)

January (1)

23 January 1844

William Prentiss, Report, Springfield, Sangamon Co., IL, to U.S. Solicitor of the Treasury, Washington DC

  • 23 Jan. 1844; Case Files and Other Records Relating to Suits, 1791–1929, Records of the Solicitor of the Treasury, Record Group 206, National Archives and Records Administration, Washington DC; microfilm at CHL; printed form with manuscript additions in unidentified handwriting; signature of William Prentiss.
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United States v. Haws et al., 11 June 1842

Editorial Title
Introduction to United States v. Haws et al.
ID #
18988
Total Pages
1
Print Volume Location
Handwriting on This Page

    Footnotes

    1. [1]

      “Extensive Sale on Account of the United States,” Quincy (IL) Whig, 5 Sept. 1840, 3; Oaks and Bentley, “Joseph Smith and Legal Process,” 735–738. Illinois senator Richard M. Young, Illinois governor Thomas Carlin, and Quincy, Illinois, merchant D. G. Whitney provided references for the signers of the note. (Richard M. Young and Thomas Carlin to Robert E. Lee, 10 Sept. 1840; Endorsement from Richard M. Young and D. G. Whitney, 10 Sept. 1840, microfilm, Records of the Solicitor of the Treasury, copy at CHL; Collins and Perry, Past and Present of the City of Quincy, 142–143.)

      Quincy Whig. Quincy, IL. 1838–1856.

      Oaks, Dallin H., and Joseph I. Bentley. “Joseph Smith and Legal Process: In the Wake of the Steamboat Nauvoo.” Brigham Young University Law Review, no. 3 (1976): 735–782.

      Records of the Solicitor of the Treasury / National Archives Reference Service Report, 23 Sept. 1964. “Record Group 206, Records of the Solicitor of the Treasury, and Record Group 46, Records of the United States Senate: Records Relating to the Mormons in Illinois, 1839–1848 (Records Dated 1840–1852), Including Memorials of Mormons to Congress, 1840–1844, Some of Which Relate to Outrages Committed against the Mormons in Missouri, 1831–1839.” Microfilm. Washington DC: National Archives and Records Service, General Services Administration, 1964. Copy in Records Related to Church Interaction with Federal Government, 1840–1852, CHL.

      Collins, William H., and Cicero F. Perry. Past and Present of the City of Quincy and Adams County, Illinois. Chicago: S. J. Clarke Publishing, 1905.

    2. [2]

      Introduction to Miller et al. v. B. Holladay and W. Holladay.

    3. [3]

      Oaks and Bentley, “Joseph Smith and Legal Process,” 740–741. JS and his partners in the steamboat initiated a lawsuit against the Streets in 1844 for nonpayment. (Introduction to JS et al. v. C. B. Street and M. B. Street.)

      Oaks, Dallin H., and Joseph I. Bentley. “Joseph Smith and Legal Process: In the Wake of the Steamboat Nauvoo.” Brigham Young University Law Review, no. 3 (1976): 735–782.

    4. [4]

      “Appointments by the President,” Madisonian (Washington DC), 23 Mar. 1841, [2]; John Bell to Charles B. Penrose, 29 May 1841, microfilm, Records of the Solicitor of the Treasury, copy at CHL.

      The Madisonian. Washington DC. 1837–1841.

      Records of the Solicitor of the Treasury / National Archives Reference Service Report, 23 Sept. 1964. “Record Group 206, Records of the Solicitor of the Treasury, and Record Group 46, Records of the United States Senate: Records Relating to the Mormons in Illinois, 1839–1848 (Records Dated 1840–1852), Including Memorials of Mormons to Congress, 1840–1844, Some of Which Relate to Outrages Committed against the Mormons in Missouri, 1831–1839.” Microfilm. Washington DC: National Archives and Records Service, General Services Administration, 1964. Copy in Records Related to Church Interaction with Federal Government, 1840–1852, CHL.

    5. [5]

      Letter, Charles B. Penrose to Montgomery Blair, 1 June 1841.

    6. [6]

      Summons, 25 Apr. 1842 [United States v. Haws et al.]. Federal law gave United States district courts jurisdiction over civil cases in which the United States was a party to the action. (An Act to Establish the Judicial Courts of the United States [24 Sept. 1789], Public Statutes at Large, vol. 1, pp. 76–77, sec. 9.)

      The Public Statutes at Large of the United States of America, from the Organization of the Government in 1789, to March 3, 1845. . . . Edited by Richard Peters. 8 vols. Boston: Charles C. Little and James Brown, 1846–1867.

    7. [7]

      Summons, 25 Apr. 1842 [United States v. Haws et al.]. Haws could not be found. Records indicate that he was in the vicinity of Nauvoo, Illinois, when the others were served with notice. (Ledger A, 275, Nauvoo House Association, Records, CHL.)

      Nauvoo House Association. Ledger A, 1841–1845. Nauvoo House Association, Records, 1841–1846. CHL.

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      Declaration, ca. 7 June 1842 [United States v. Haws et al.]. Butterfield claimed both the $4,866.38 of the 1840 promissory note and an additional $5,133.62 “for so much money before that time lent and advanced by the said plaintiff to the said defendants.” The declaration was worded according to legal conventions of the time. Though it appeared to plead multiple causes of action (“for divers goods, wares, and Merchandize” and for money “lent and advanced”), it was actually one cause stated in different ways. (See Historical Introduction to Declaration to the Geauga County Court of Common Pleas, 7 May 1838 [JS for the use of J. Granger v. Smalling and Coltrin].)

    9. [9]

      Transcript of Proceedings, ca. 11 June 1842 [United States v. Haws et al.]; Docket Entry, Fieri Facias, ca. 18 July 1842 [United States v. Haws et al.]. Illinois law provided that the court could assign the clerk “to assess the damages, by computing the interest.” (An Act concerning Practice in Courts of Law [29 Jan. 1827], Public and General Statute Laws of the State of Illinois [1839], p. 532, sec. 13.)

      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.

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      Letter, Justin Butterfield to Charles B. Penrose, 2 Aug. 1842. Hyrum Smith was also found to be insolvent, and only JS’s property was pursued. (JS, Journal, 9–20 Dec. 1842; Transcript of Proceedings, ca. 17 July 1852 [United States v. Joseph Smith III et al.].)

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      The return of service noted that a summons was read to the defendants, except Haws, on 4 May 1842. On 18 April 1842, JS, Hyrum Smith, and others traveled to Carthage and “testified to their lists of insolvency.” (Summons, 25 Apr. 1842 [United States v. Haws et al.]; JS, Journal, 18 Apr. 1842; “District Court of the United States,” Wasp, 7 May 1842, 3.)

      The Wasp. Nauvoo, IL. Apr. 1842–Apr. 1843.

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      “The Mormons,” Sangamo Journal (Springfield, IL), 1 July 1842, [2].

      Sangamo Journal. Springfield, IL. 1831–1847.

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      John C. Bennett, who had been excommunicated in May 1842 and left Nauvoo in June, alleged that JS had been involved in fraudulent land transactions. In one of his letters to the editor of the Sangamo Journal, Bennett identified three instances when JS had transferred property after applying for bankruptcy. If these transactions took place after JS applied for bankruptcy, they would be considered void. (“Gen. Bennett’s Third Letter,” Sangamo Journal, 15 July 1842, [2]; see also Hancock Co., IL, Deed Records, 1817–1917, vol. K, pp. 21, 151, 159–161, 1 Jan. 1842; 9 and 18 Apr. 1842, microfilm 954,599, U.S. and Canada Record Collection, FHL.)

      Sangamo Journal. Springfield, IL. 1831–1847.

      U.S. and Canada Record Collection. FHL.

    14. [14]

      Letter, Justin Butterfield to Charles B. Penrose, 11 Oct. 1842.

    15. [15]

      Agreement, Henry G. Sherwood and Others with Justin Butterfield, 16 Dec. 1842.

    16. [16]

      Letter, Justin Butterfield to Charles B. Penrose, 17 Dec. 1842.

    17. [17]

      Letter, Charles B. Penrose to Justin Butterfield, 11 Jan. 1843.

    18. [18]

      Transcript of Proceedings, ca. 17 July 1852 [United States v. Joseph Smith III et al.].

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