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Introduction to United States v. Jeremiah Smith, United States v. Jeremiah Smith on Habeas Corpus–A, and United States v. Jeremiah Smith on Habeas Corpus–B Docket Entry, Indictment, 27 October 1843 [United States v. Jeremiah Smith] Docket Entry, circa December 1843 [United States v. Jeremiah Smith] Docket Entry, March 1844 [United States v. Jeremiah Smith] Docket Entry, circa June 1844 [United States v. Jeremiah Smith] Docket Entry, Warrant, Forfeited Recognizance, and Deposition, circa October 1844 [United States v. Jeremiah Smith] Docket Entry, circa December 1844 [United States v. Jeremiah Smith] Docket Entry, 20 February 1845 [United States v. Jeremiah Smith] Docket Entry, 1 May 1845 [United States v. Jeremiah Smith] Docket Entry, July 1845 [United States v. Jeremiah Smith] Docket Entry, circa March 1846 [United States v. Jeremiah Smith] Docket Entry, circa June 1846 [United States v. Jeremiah Smith] Docket Entry, August 1846 [United States v. Jeremiah Smith] Docket Entry, 21 January 1847 [United States v. Jeremiah Smith] Docket Entry, 26 April 1847 [United States v. Jeremiah Smith] Docket Entry, 8 September 1847 [United States v. Jeremiah Smith] Docket Entry, circa March 1848 [United States v. Jeremiah Smith] Docket Entry, May 1848 [United States v. Jeremiah Smith] Docket Entry, November 1848 [United States v. Jeremiah Smith] Docket Entry, 29 January 1849 [United States v. Jeremiah Smith] Docket Entry, circa June 1849 [United States v. Jeremiah Smith] Docket Entry, 10 September 1849 [United States v. Jeremiah Smith] Docket Entry, 9 February 1850 [United States v. Jeremiah Smith] Docket Entry, 10 May 1850 [United States v. Jeremiah Smith] Docket Entry, September 1850 [United States v. Jeremiah Smith] Docket Entry, 17 February 1851 [United States v. Jeremiah Smith] Docket Entry, 19 April 1851 [United States v. Jeremiah Smith] Docket Entry, 28 October 1851 [United States v. Jeremiah Smith] Docket Entry, 13 February 1852 [United States v. Jeremiah Smith] Docket Entry, 4 May 1852 [United States v. Jeremiah Smith] Docket Entry, 14 October 1852 [United States v. Jeremiah Smith] Docket Entry, 18 February 1853 [United States v. Jeremiah Smith] Docket Entry, 6 June 1853 [United States v. Jeremiah Smith] Docket Entry, 2 November 1853 [United States v. Jeremiah Smith] Docket Entry, 20 February 1854 [United States v. Jeremiah Smith] Docket Entry, 16 May 1854 [United States v. Jeremiah Smith] Docket Entry, 29 September 1854 [United States v. Jeremiah Smith] Docket Entry, 3 February 1855 [United States v. Jeremiah Smith] Docket Entry, 17 May 1855 [United States v. Jeremiah Smith] Docket Entry, 29 October 1855 [United States v. Jeremiah Smith] Docket Entry, 8 February 1856 [United States v. Jeremiah Smith] Docket Entry, 14 May 1856 [United States v. Jeremiah Smith] Docket Entry, 5 November 1856 [United States v. Jeremiah Smith] Docket Entry, 9 February 1857 [United States v. Jeremiah Smith] Docket Entry, 17 April 1857 [United States v. Jeremiah Smith] Docket Entry, 20 October 1857 [United States v. Jeremiah Smith] Docket Entry, 10 February 1858 [United States v. Jeremiah Smith] Docket Entry, 5 June 1858 [United States v. Jeremiah Smith] Docket Entry, 28 October 1858 [United States v. Jeremiah Smith] Docket Entry, Nolle Prosequi, 4 February–6 May 1859 [United States v. Jeremiah Smith] Certificate, 21 May 1844 [United States v. Jeremiah Smith] Warrant, 13 May 1844 [United States v. Jeremiah Smith] Petition, 16 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–A] Habeas Corpus, 16 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–A] Habeas Corpus, 16 May 1844, Copy [United States v. Jeremiah Smith on Habeas Corpus–A] Summons, 16 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–A] Minutes, 16 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–A] Subpoena, 18 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–A] Note, between 16 and 30 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–A] Minutes, 30 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–A] Execution, 30 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–A] Bill of Costs, 30 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–A] Docket Entry, 18–31 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–A] Warrant, 21 May 1844 [United States v. Jeremiah Smith] Petition, 30 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–B] Habeas Corpus, 30 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–B] Motion, 30 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–B] Motion, 30 May 1844, Copy [United States v. Jeremiah Smith on Habeas Corpus–B] Docket Entry, 30–31 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–B]

Docket Entry, 18–31 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–A]

Source Note

Docket Entry,
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, [18–31 May 1844], U.S. v. Jeremiah Smith on Habeas Corpus–A (Nauvoo, IL, Municipal Court 1844); Nauvoo Municipal Court Docket Book, 97–99; handwriting of
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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; CHL.

Historical Introduction

See Introduction to United States v. Jeremiah Smith, United States v. Jeremiah Smith on Habeas Corpus–A, and United States v. Jeremiah Smith on Habeas Corpus–B.

Page 98

did not acknowledge the jurisdiction of this court. in that his writ was only to keep
Smith

Ca. 1788–after 1860. Miller. Born in Pennsylvania. Married Rhoda Hedges, ca. 20 Feb. 1814. Moved to near Oquawka, Warren Co., Illinois, by 1828; built gristmill and sawmill, ca. 1828. Moved to Des Moines Co., Iowa Territory, ca. 1834. Licensed to establish...

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until he could get another writ for him. that
Mr [Luther] Hickok

Ca. 1812–26 Apr. 1850. Physician. Born in East Bloomfield, Ontario Co., New York. Son of Henry Pell Hickok and Hannah Benjamin. Graduated from College of Physicians and Surgeons, 1833, in Fairfield, Herkimer Co., New York. Moved to Burlington, Des Moines ...

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had a writ from
Judge [Nathaniel] Pope

5 Jan. 1784–22 Jan. 1850. Lawyer, judge. Born at present-day Louisville, Jefferson Co., Kentucky. Son of William Pope and Penelope Edwards. Graduated from Transylvania University, 1806, at Lexington, Fayette Co., Kentucky. Moved to St. Genevieve, St. Genevieve...

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&
L. W. Hickok

Ca. 1812–26 Apr. 1850. Physician. Born in East Bloomfield, Ontario Co., New York. Son of Henry Pell Hickok and Hannah Benjamin. Graduated from College of Physicians and Surgeons, 1833, in Fairfield, Herkimer Co., New York. Moved to Burlington, Des Moines ...

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stated to the court that he considered
Mr Smith

Ca. 1788–after 1860. Miller. Born in Pennsylvania. Married Rhoda Hedges, ca. 20 Feb. 1814. Moved to near Oquawka, Warren Co., Illinois, by 1828; built gristmill and sawmill, ca. 1828. Moved to Des Moines Co., Iowa Territory, ca. 1834. Licensed to establish...

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his prisoner, and he attended this court as a matter of courtesy. and if any one offered resistance he was instructed by government to give their names &c— and wrote the names of the court &
Smith

Ca. 1788–after 1860. Miller. Born in Pennsylvania. Married Rhoda Hedges, ca. 20 Feb. 1814. Moved to near Oquawka, Warren Co., Illinois, by 1828; built gristmill and sawmill, ca. 1828. Moved to Des Moines Co., Iowa Territory, ca. 1834. Licensed to establish...

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s counsel replied to such a Subterfuge writ.
The court thought it due the court to hear the reasons why the jurisdiction of the court is <​was​> not regarded.
T. B. Johnson

24 Oct. 1807–7 Apr. 1860. U.S. marshal, mail agent, lawyer, farmer. Born in Grayson Co., Virginia. Son of John Johnson and Lydia. Moved to Ohio, ca. 1815. Moved to Indianapolis, ca. 1817. Married Mary Jane Gordon, 1 May 1838. Moved to Muscatine, Muscatine...

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said he did not come to make a speech. but was instructed to arrest the man. He intended to make no defence. He was an agent of 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 ...

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. “Your writ of
Habeus 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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has nothing more to do with this case than a man in the moon.” I have not been able to get authority and did not come to make defence. Read from Charl[e]s B. Penrose, hand writing (so purporting) 33 sec. of act Sept 24th. 1789. act of congress. Had agreed to wait the decision of this court but have <​had​> not agreed to abide the decision.—
James A McCanse was called by the Court, and asked do you subscribe to the Decision of
Mr Johnson

24 Oct. 1807–7 Apr. 1860. U.S. marshal, mail agent, lawyer, farmer. Born in Grayson Co., Virginia. Son of John Johnson and Lydia. Moved to Ohio, ca. 1815. Moved to Indianapolis, ca. 1817. Married Mary Jane Gordon, 1 May 1838. Moved to Muscatine, Muscatine...

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in the matter,
McCanse would not decide, would like counsel.
T. B. Johnson

24 Oct. 1807–7 Apr. 1860. U.S. marshal, mail agent, lawyer, farmer. Born in Grayson Co., Virginia. Son of John Johnson and Lydia. Moved to Ohio, ca. 1815. Moved to Indianapolis, ca. 1817. Married Mary Jane Gordon, 1 May 1838. Moved to Muscatine, Muscatine...

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said he did not ask any favors of the court He was a
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 ...

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Agent.
Counsellor Hugins

10 Mar. 1814–19 Nov. 1861. Lawyer. Born in New Haven, New Haven Co., Connecticut. Son of Henry Hugins and Sarah Maria Hunt. Graduated from Middlebury College, 1834, and from Yale College, 1835. Practiced law in New Haven, 1836–1841. Married Elizabeth A. Lynde...

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said if Canse surrenders his claim we will not go into the merits of the case, but if Canse claims the
prisoner

Ca. 1788–after 1860. Miller. Born in Pennsylvania. Married Rhoda Hedges, ca. 20 Feb. 1814. Moved to near Oquawka, Warren Co., Illinois, by 1828; built gristmill and sawmill, ca. 1828. Moved to Des Moines Co., Iowa Territory, ca. 1834. Licensed to establish...

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we will go into the merit.
Counsellor Hugins

10 Mar. 1814–19 Nov. 1861. Lawyer. Born in New Haven, New Haven Co., Connecticut. Son of Henry Hugins and Sarah Maria Hunt. Graduated from Middlebury College, 1834, and from Yale College, 1835. Practiced law in New Haven, 1836–1841. Married Elizabeth A. Lynde...

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read a petition of
Jeremiah Smith

Ca. 1788–after 1860. Miller. Born in Pennsylvania. Married Rhoda Hedges, ca. 20 Feb. 1814. Moved to near Oquawka, Warren Co., Illinois, by 1828; built gristmill and sawmill, ca. 1828. Moved to Des Moines Co., Iowa Territory, ca. 1834. Licensed to establish...

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for a<​nother​> writ of Habeus corpus.
G. P. 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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counsel for
prisoner

Ca. 1788–after 1860. Miller. Born in Pennsylvania. Married Rhoda Hedges, ca. 20 Feb. 1814. Moved to near Oquawka, Warren Co., Illinois, by 1828; built gristmill and sawmill, ca. 1828. Moved to Des Moines Co., Iowa Territory, ca. 1834. Licensed to establish...

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, said that
Johnson

24 Oct. 1807–7 Apr. 1860. U.S. marshal, mail agent, lawyer, farmer. Born in Grayson Co., Virginia. Son of John Johnson and Lydia. Moved to Ohio, ca. 1815. Moved to Indianapolis, ca. 1817. Married Mary Jane Gordon, 1 May 1838. Moved to Muscatine, Muscatine...

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had given up the
prisoner

Ca. 1788–after 1860. Miller. Born in Pennsylvania. Married Rhoda Hedges, ca. 20 Feb. 1814. Moved to near Oquawka, Warren Co., Illinois, by 1828; built gristmill and sawmill, ca. 1828. Moved to Des Moines Co., Iowa Territory, ca. 1834. Licensed to establish...

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on the first claim.
T. B. Johnson

24 Oct. 1807–7 Apr. 1860. U.S. marshal, mail agent, lawyer, farmer. Born in Grayson Co., Virginia. Son of John Johnson and Lydia. Moved to Ohio, ca. 1815. Moved to Indianapolis, ca. 1817. Married Mary Jane Gordon, 1 May 1838. Moved to Muscatine, Muscatine...

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said he did not surrender his claims. had nothing to say about it. Take your own course Gentlemen.
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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, said he has given him up on the first writ, and now says he says nothing about it. and upon this ground we claim a discharge
T. B. Johnson

24 Oct. 1807–7 Apr. 1860. U.S. marshal, mail agent, lawyer, farmer. Born in Grayson Co., Virginia. Son of John Johnson and Lydia. Moved to Ohio, ca. 1815. Moved to Indianapolis, ca. 1817. Married Mary Jane Gordon, 1 May 1838. Moved to Muscatine, Muscatine...

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. said “we would be defending the writ if before
Judge Pope

5 Jan. 1784–22 Jan. 1850. Lawyer, judge. Born at present-day Louisville, Jefferson Co., Kentucky. Son of William Pope and Penelope Edwards. Graduated from Transylvania University, 1806, at Lexington, Fayette Co., Kentucky. Moved to St. Genevieve, St. Genevieve...

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I come here as an Agent of 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
. The
prisoner

Ca. 1788–after 1860. Miller. Born in Pennsylvania. Married Rhoda Hedges, ca. 20 Feb. 1814. Moved to near Oquawka, Warren Co., Illinois, by 1828; built gristmill and sawmill, ca. 1828. Moved to Des Moines Co., Iowa Territory, ca. 1834. Licensed to establish...

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has been taken out of my hands. I consider illegally. I do not come here to prosecute or to defend a writ of Habeus corpus. There is no law, for these proceedings. I know my rights. If this court thinks it right to [p. 98]
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Page 98

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Related Case Documents
Editorial Title
Docket Entry, 18–31 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–A]
ID #
10632
Total Pages
3
Print Volume Location
Handwriting on This Page
  • Willard Richards

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