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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 99

discharge 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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. let them do it: Let them do it. I do not ask any favors of the court. I ask justice. The Laws 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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have no powe[r] over 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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Laws. Let this court discharge him and I shall take another course, I do not say against you as a court. I came here to arrest
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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,”
Justice Harris

1 Apr. 1780–1857. Jeweler. Born at Lanesboro, Berkshire Co., Massachusetts. Son of James Harris and Diana (Margaret) Burton. Married first Elizabeth, ca. 1800. Married second Margaret, who died in 1828. Moved to Batavia, Genesee Co., New York, by 1830. Married...

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asked if he meant to intimidate the court by threats.
The Chief justice remarked that it was the duty 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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and Federal Government to treat their subjects and constituents with all that complacny [complacency] and good feeling which they wished in return, and to avoid evry threatning aspect. every intimedating and harsh treatment. He respected 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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laws. but would not yield up any right ceded to them. 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
has no right to trample our laws under their feet. The court is bound by oath to support the constitution 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
, and 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 the 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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. The constitution 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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and and Habeus corpus shall not be denied. If the Court deny the writ of Habeus corpus they perjure themselves. 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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have no right to usurp pouer [power] to intimedate and the court would see them all destroyed before he would perjure himself we have asked no power.
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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asked us to investigate; we were bound to do so. Let the federal Government hurl on us their forces, “Dragoon” &c we are not to be intimedated. This court is clothed with the Habeus Corpus. and will execute it according to the Law. I understand some law and more justice, and know as much about the rights of American citizens as any men.
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. if I did say any thing indecorous to the court I take it back.— Court responded “all is Right”
Court ordered that prisoner be discharged. the complainant having refused to prosecute his claim. and that judgmt be entered up vs.
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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, as agent, for costs of suit.
Subpoena returnd for Jeremiah Smith Jun. and is on file.
<​May 30th 1844​>
Excution

“The act of carrying into effect the final judgment of a court, or other jurisdiction. The writ which authorises the officer so to carry into effect such judgment is also called an execution. . . . Executions are either to recover specific things, or money...

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issued $77.75 vs
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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.— a given to the Marshal
J. P. Green

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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Excution returned same evening by
Marshal

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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not served.
Same evening to wit. May 30[th] 1844.
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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come before the
clerk

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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and as agent of the
U.S.

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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acknowledged a fee bill for the above. to wit. 77.75. by endorsement on the back of said Bill. The cost of two police. in guarding said
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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. at <​15​> days. at $2.00 per day. at the special instance and request of
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...

View Full Bio
Agent for the
U.S.

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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was omitted th[r]ough mistake in the foregoing bill and <​endorsed​> by said
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...

View Full Bio
. [p. 99]
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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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