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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, 30–31 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–B]

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, [30–31 May 1844], U.S. v. Jeremiah Smith on Habeas Corpus–B (Nauvoo, IL, Municipal Court 1844); Nauvoo Municipal Court Docket Book, 100–102; 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 101

The court ordereed the
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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to take charge of 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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. and have him forthcoming from time to time for trial.
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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asked for an adjourn[m]ent until after-noon.
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 they want to go into the merits of the case, we will give them any time; but we propose to dispense with the merits. and and move a discharge on the insufficiency of the papers.
Doctor 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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has no <​legal​> authority to arrest 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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, and read from page 51. Revised Statutes of
Illinois

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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. Sec 399.
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 could show the Law differ[e]nt and asked for one weeks adjourned.
1. o’clock P. M. Court adjound, till after dinner to hear the
pleas

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...

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.
3 o’clock P. M. Court sat, the same as in the morning.
N. T. 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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and
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
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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, read and filed their plea. Moving the Cou[r]t. that 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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be discharged and sufferd to go at large.
1st Because, the person issuing the warrant on which he has been arrested is unauthorized to issue the same.
2d Because the
process

The means of accomplishing a thing; specifically, a writ or other judicial means by which a defendant is brought into court to answer charges.

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has been issued in a case and under circumstances where the Law does not allow process.
3d. Because the person having custody of 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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is unauthorized to excute the warrant under which he is acting, and is not the person empowered by law. to detain him.
4th. Because 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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has been by and before a competent court. legally examined and discharged in relation to the subject matter set forth in said warrant.
5th Because Said writ is defective in a substantial form requird by law.
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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was called, and persisted in considering the authority under which he acted good and Sufficient
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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urged [2 words illegible] in <​the 1st & 2​> count, in his plea. and read from 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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, Art 4. 2nd sec, 2d Par.
3d [3 words illegible] <​Count​>. read Revised Statutes of
Ill

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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, page 51. sec 399, and p. 324.
4th [illegible] <​Count.​> Read the certificate of John S. Dunlap Clerk of the District Court for the County of Desmoines, Iowa Territory, dated May 21, 1844, a copy of which is on file in the clerks office,
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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said he had nothing to say. and the case was submitted
Decision. The Court is of opinion when they take into consideration their 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 ...

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. that the certificate of John S. Dunlap, Clerk of the District Court for the County of Desmoines [p. 101]
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Page 101

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Related Case Documents
Editorial Title
Docket Entry, 30–31 May 1844 [United States v. Jeremiah Smith on Habeas Corpus–B]
ID #
10651
Total Pages
3
Print Volume Location
Handwriting on This Page
  • Willard Richards

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