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Petition to George O. Tompkins, between 9 and 15 March 1839, Copy [State of Missouri v. Gates et al. for Treason]

Source Note

Alanson Ripley

8 Jan. 1798–before 1860. Surveyor, lawyer. Born at New York. Son of Asa Ripley and Polly Deforest. Married Sarah Finkle. Resided in Massachusetts, 1827. Member of Church of Jesus Christ of Latter-day Saints in Ohio. Participated in Camp of Israel expedition...

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,
Heber C. Kimball

14 June 1801–22 June 1868. Blacksmith, potter. Born at Sheldon, Franklin Co., Vermont. Son of Solomon Farnham Kimball and Anna Spaulding. Married Vilate Murray, 22 Nov. 1822, at Mendon, Monroe Co., New York. Member of Baptist church at Mendon, 1831. Baptized...

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,
William Huntington

28 Mar. 1784–19 Aug. 1846. Farmer, brick maker, potash manufacturer. Born in New Grantham, Cheshire Co., New Hampshire. Son of William Huntington and Prescendia Lathrop. Married first Zina Baker, 28 Dec. 1806, in Plainfield, Sullivan Co. Moved to Watertown...

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,
Joseph B. Noble

14 Jan. 1810–17 Aug. 1900. Farmer, miller, stock raiser. Born in Egremont, Berkshire Co., Massachusetts. Son of Ezekiel Noble and Theodotia Bates. Moved to Penfield, Monroe Co., New York, 1815. Moved to Bloomfield, Ontario Co., New York, ca. 1828. Baptized...

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, and JS, Petition,
Liberty

Located in western Missouri, thirteen miles north of Independence. Settled 1820. Clay Co. seat, 1822. Incorporated as town, May 1829. Following expulsion from Jackson Co., 1833, many Latter-day Saints found refuge in Clay Co., with church leaders and other...

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, Clay Co., MO, to
George O. Tompkins

20 Mar. 1780–4 Apr. 1846. Judge. Born in Fluvanna Co., Virginia. Son of Benjamin Tompkins and Elizabeth Goodloe. Moved to Jefferson Co., Kentucky, where he taught school, by 1806. Moved to Franklin, Howard Co., Missouri, and practiced law, 1816. Married Elizabeth...

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, [
Jefferson City

City on south bank of Missouri River, about 130 miles west of St. Louis. Became capital of Missouri, 11 Jan. 1822. Population in 1844 about 1,200.

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, Cole Co., MO], between 9 and 15 Mar. 1839. Version copied [between late Apr. and early June 1839]; handwriting of
James Sloan

28 Oct. 1792–24 Oct. 1886. City recorder, notary public, attorney, judge, farmer. Born in Donaghmore, Co. Tyrone, Ireland. Son of Alexander Sloan and Anne. Married Mary Magill. Baptized into Church of Jesus Christ of Latter-day Saints. Ordained an elder, ...

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; six pages; JS Collection, CHL.

Historical Introduction

See Historical Introduction to Petition to George O. Tompkins, between 9 and 15 Mar. 1839 [State of Missouri v. Gates et al. for Treason].
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. *Petition to George O. Tompkins, between 9 and 15 March 1839 [ State of Missouri v. Gates et al. for Treason ]

Page [3]

commit any Overt Acts, neither did he aid or abet an Enemy against the State of
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 ...

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, during the time that he is charged with having done so, and further your Petitioners have yet to learn that the
State

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 ...

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has any Enemy, neither is the proof evident, nor the presumption great in its most indignant form, upon the face of the Testimony on the part of the
State

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 ...

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exparte as it is in its nature, that the said Prisoner has committed the slightest degree of Treason, or any other act of Transgression against the Laws of the State of
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 ...

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, and yet said Prisoner has been committed to
Liberty Jail

Two-story building containing dungeon on lower floor with access through trap door. Wood building constructed, ca. 1830. Outer stone wall added and building completed, 1833. JS and five others confined there for just over four months, beginning 1 Dec. 1838...

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, Clay County (Mo) for Treason. He has continually offered Bail to any amount that could be required, notwithstanding your Petitioners alledge that he ought to have been acquitted, your Petitioners also alledge that the commitment was an illegal commitment, for the law requires that a Copy of the Testimony should be put in the Hands of the Jailor, which was not done, your Petitioners alledge that the Prisoner has been denied the priviledge of the Law in a Writ of
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...

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by the Judges of this
County

Settled ca. 1800. Organized from Ray Co., 1822. Original size diminished when land was taken to create several surrounding counties. Liberty designated county seat, 1822. Population in 1830 about 5,000; in 1836 about 8,500; and in 1840 about 8,300. Refuge...

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, whether they have prejudged the case of the Prisoner, or whether they are not willing to administer Law and justice to the Prisoner, or that they are intimidated by the high office of
Judge King

21 Sept. 1802–22 Apr. 1870. Attorney, judge, politician, farmer. Born at Sullivan Co., Tennessee. Son of Walter King and Nancy Sevier. Married first Nancy Harris Roberts, 13 May 1828, at Jackson, Madison Co., Tennessee. In 1830, moved to Missouri, where he...

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who only acted in the case of the Prisoners as a committing Magistrate a conservator of the Peace, or by the threats of a lawless Mob, your Petitioners are not able to say, but it is a fact that they do not come forward boldly and administer the Law to the relief of the Prisoner, and further your Petitioners alledge that immediately after the Prisoner was taken, his Family was frightened and driven out of their House, and that too by the Witnesses on the part of the
State

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 ...

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, and plundered of their Goods, that the Prisoner was robbed of a very fine Horse, Saddle and Bridle and other Property of considerable amount, that they (the Witnesses) in connexion with the Mob have finally succeeded by vile threatening and foul abuse in driving the Family of the Prisoner out of the
State

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 ...

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with little or no means, and without a Protector, and their very subsistence depends on the liberty of the Prisoner, and your Petitioners alledge that he is not guilty of [p. [3]]
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Related Case Documents
Editorial Title
Petition to George O. Tompkins, between 9 and 15 March 1839, Copy [State of Missouri v. Gates et al. for Treason]
ID #
2025
Total Pages
6
Print Volume Location
Handwriting on This Page
  • James Sloan

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