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Introduction to State of Illinois v. Colton and State of Illinois v. Colton on Habeas Corpus Complaint, 10 April 1844 [State of Illinois v. Colton] Warrant, 10 April 1844 [State of Illinois v. Colton] Mittimus, 11 April 1844 [State of Illinois v. Colton] Mittimus, 11 April 1844, Copy [State of Illinois v. Colton] Petition, 12 April 1844 [State of Illinois v. Colton on Habeas Corpus] Habeas Corpus, 12 April 1844 [State of Illinois v. Colton on Habeas Corpus] Habeas Corpus, 12 April 1844, Copy [State of Illinois v. Colton on Habeas Corpus] Subpoena, 12 April 1844 [State of Illinois v. Colton on Habeas Corpus] Minutes, 13 April 1844 [State of Illinois v. Colton on Habeas Corpus] Docket Entry, 12–circa 13 April 1844 [State of Illinois v. Colton on Habeas Corpus] Execution, 4 June 1844 [State of Illinois v. Colton on Habeas Corpus] Docket Entry, Discharge, 25 May 1844 [State of Illinois v. Colton]

Petition, 12 April 1844 [State of Illinois v. Colton on Habeas Corpus]

Source Note

Andrew Colton

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, Petition,
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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, Hancock Co., IL, to
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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Municipal Court, 12 Apr. 1844, State of IL v. Colton on Habeas Corpus (Nauvoo, IL, Municipal Court 1844); handwriting of
George Stiles

18 July 1816–Sept. 1885. Attorney, judge, politician. Born in Watertown, Jefferson Co., New York. Son of John Stiles and Persis Cole. Moved to Le Ray, Jefferson Co., by 1820. Moved to Pamela, Jefferson Co., by 1830. Married first Julian Mackemer, 7 Nov. 1841...

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; signature of
Andrew Colton

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; two pages; Nauvoo, IL, Records, CHL.

Historical Introduction

See Introduction to State of Illinois v. Colton and State of Illinois v. Colton on Habeas Corpus.

Page [1]

State of Illinois)
City of
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
)
To the Honorable Municipal Court in & for the City of
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

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—
Your Petitioner
Andrew Colton

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most respectfully represents that he is now under arrest in 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....

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— that he is in the Custody of one
Joel S 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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a constable in & for the County of
Hancock

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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& State 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...

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— and by what authority he is thus deprived of his Liberty, your
Petitioner

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is unable to ascertain—
Your
Petitioner

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further represents that on the 10th day of April A.D. 1844 he was arrested by the Said
Joel S. 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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constable as aforesaid by virtue of a States Warrant issued by one
Robt. 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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a Justice of the Peace in and for the
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
&
State

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

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aforesaid upon the affidavit of one J. A. <​A[ndrew] J.​> Higbee of this
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....

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charging & accusing your
Petitioner

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of <​with​> Willful & Corrupt Perjury in the Said county of
Hancock

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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—
Your
Petitioner

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further represents that he availed himself of the Provisions of the Statutes as he did not believe he could have a fair & honorable trial before the <​Said​>
Robt. 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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that the Said
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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transmitted the Papers to one
Isaac Higbee

23 Dec. 1797–16 Feb. 1874. Farmer, merchant, judge. Born in Galloway, Gloucester Co., New Jersey. Son of Isaac Higbee and Sophia Somers. Moved to Clermont Co., Ohio, ca. 1802. Married Keziah String, 11 Feb. 1819, in Clermont Co. Moved to Cincinnati, by 1830...

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a Justice of the Peace in and for
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
&
State

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

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aforesaid that Your
Petitioner

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there appeared and offered to make a Motion for the Proceeding to be dismissed on account of the insufficiency of the Papers (the affidavit &c) <​copies of which are hereto attached​> but your
Petitioner

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was refused the Privilige and was forced into trial. notwithstanding he then & there Moved the court for a trial before Some other Justice as is by the Statute in Such cases made & Provided. but this right your
Petitioner

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was refused— and the Said court Proceeded to try the charges as [p. [1]]
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Related Case Documents
Editorial Title
Petition, 12 April 1844 [State of Illinois v. Colton on Habeas Corpus]
ID #
10579
Total Pages
2
Print Volume Location
Handwriting on This Page
  • George Stiles

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