The Papers
Browse the PapersDocumentsJournalsAdministrative RecordsRevelations and TranslationsHistoriesLegal RecordsFinancial RecordsOther Contemporary Papers
Reference
PeoplePlacesEventsGlossaryLegal GlossaryFinancial GlossaryCalendar of DocumentsWorks CitedFeatured TopicsLesson PlansRelated Publications
Media
VideosPhotographsIllustrationsChartsMapsPodcasts
News
Current NewsArchiveNewsletterSubscribeJSP Conferences
About
About the ProjectJoseph Smith and His PapersFAQAwardsEndorsementsReviewsEditorial MethodNote on TranscriptionsNote on Images of People and PlacesReferencing the ProjectCiting This WebsiteProject TeamContact Us
Published Volumes
  1. Home > 
  2. The Papers > 
Introduction to State of Missouri v. Gates et al. for Treason Subpoena, 10 November 1838 [State of Missouri v. Gates et al. for Treason] Subpoena, 11 November 1838 [State of Missouri v. Gates et al. for Treason] Subpoena, 15 November 1838 [State of Missouri v. Gates et al. for Treason] Subpoena, 21 November 1838 [State of Missouri v. Gates et al. for Treason] Order of Discharge, 24 November 1838 [State of Missouri v. Gates et al. for Treason] Minutes and Testimonies, 12–29 November 1838 [State of Missouri v. Gates et al. for Treason] Ruling, 29 November 1838 [State of Missouri v. Gates et al. for Treason] Mittimus, 29 November 1838 [State of Missouri v. Gates et al. for Treason] Indictment, circa 10 April 1839 [State of Missouri v. Gates et al. for Treason] Docket Entry, Indictment, 11 April 1839 [State of Missouri v. Gates et al. for Treason] Docket Entry, Motion, 11 April 1839 [State of Missouri v. Gates et al. for Treason] Docket Entry, Removal Orders, 11 April 1839 [State of Missouri v. Gates et al. for Treason] Docket Entry, Recognizance, 11 April 1839 [State of Missouri v. Gates et al. for Treason] Order of Commitment, 11 April 1839 [State of Missouri v. Gates et al. for Treason] Docket Entry, Continuance, 14 August 1839 [State of Missouri v. Gates et al. for Treason] Docket Entry, Nolle Prosequi, 10 December 1839 [State of Missouri v. Gates et al. for Treason] Docket Entry, Costs, 15 April 1840 [State of Missouri v. Gates et al. for Treason] Docket Entry, Costs, 17 December 1840 [State of Missouri v. Gates et al. for Treason] Indictment, circa 10 April 1839, Copy [State of Missouri v. Gates et al. for Treason] Docket Entry, Indictment, 11 April 1839, Copy [State of Missouri v. Gates et al. for Treason] Docket Entry, Motion, 11 April 1839, Copy [State of Missouri v. Gates et al. for Treason] Docket Entry, Removal Orders, 11 April 1839, Copy [State of Missouri v. Gates et al. for Treason] Docket Entry, Continuance, 17 August 1839 [State of Missouri v. Gates et al. for Treason] Docket Entry, Continuance, 4 November 1839 [State of Missouri v. Gates et al. for Treason] Docket Entry, Nolle Prosequi, 5 August 1840 [State of Missouri v. Gates et al. for Treason]

Indictment, circa 10 April 1839 [State of Missouri v. Gates et al. for Treason]

Source Note

Indictment, [Honey Creek Township], Daviess Co., MO, ca. 10 Apr. 1839, State of MO v. Gates et al. for Treason (Daviess Co., MO, Circuit Court 1839); handwriting of
James A. Clark

22 Feb. 1805–12 Dec. 1882. Lawyer, judge. Born in Estill Co., Kentucky. Son of Bennet Clark and Martha. Moved to Howard Co., Missouri, 1817. Trained as a lawyer under Peyton R. Hayden, 1825–1827; passed Missouri bar, 1827. Active in local politics, 1828. ...

View Full Bio
; docket and notations by
James A. Clark

22 Feb. 1805–12 Dec. 1882. Lawyer, judge. Born in Estill Co., Kentucky. Son of Bennet Clark and Martha. Moved to Howard Co., Missouri, 1817. Trained as a lawyer under Peyton R. Hayden, 1825–1827; passed Missouri bar, 1827. Active in local politics, 1828. ...

View Full Bio
with probable signature of Robert P. Peniston Sr., [Honey Creek Township, Daviess Co., MO], [ca. 10 Apr. 1839]; eleven pages; partial manuscript in Historical Department, Nineteenth-Century Legal Documents Collection, CHL. Complete photocopy in Max H. Parkin, Collected Missouri Court Documents, CHL.

Historical Introduction

See Introduction to State of Missouri v. Gates et al. for Treason.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Indictment, circa 10 April 1839 [ State of Missouri v. Gates et al. for Treason ] Indictment, circa 10 April 1839, Copy [ State of Missouri v. Gates et al. for Treason ]

Page 5

and axes, for the purpose of arming divers Citizens of our said
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 ...

More Info
in order and to the intent, that same citizens should and might unlawfully, forcebly and traitorously oppose and withstand, the officers of our said
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 ...

More Info
in the due and Lawfull exercise of their power and authority. in the due and Lawful exercise
execution

“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...

View Glossary
of the laws. and statutes of this
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 ...

More Info
and should and might, unlawfully. forcibly and traitorously subvert. and alter and aid. and assist in subverting and altering, without and in defyance of authority and against the will of the people. of this
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 ...

More Info
the legislature rule and government now duly and happily established in this <​
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 ...

More Info
​>— And to fulfil, perfect, and bring to effect, their most evil, and wicked treason and practices and treasonable Compassings, and imaginations aforesaid the said Defendants as such false traitors, as aforesaid with force and arms, on the said first day of November in the year of our Lord eighteen hundred and thirty eight, and on divers other days and times, as well before as after at the County of
Daviess

Area in northwest Missouri settled by European Americans, 1830. Sparsely inhabited until 1838. Created from Ray Co., Dec. 1836, in attempt to resolve conflicts related to Latter-day Saint settlement in that region. County is transected diagonally from northwest...

More Info
aforesaid maliciously did meet together conspire, consult and agree, among themselves, and with divers other false traitors, whose names are to the said Jurors unknown to [illegible] levy and make insurrection, rebellion, and war, within this
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 ...

More Info
against our said 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 ...

More Info
— And further to fulfil perfect, and bring to effect, their most evil and wicked treason and treasonable Compassings and imaginations aforesaid the said defendants, as such false traitors [p. 5]
View entire transcript

|

Cite this page

Source Note

Document Transcript

Page 5

Document Information

Related Case Documents
Editorial Title
Indictment, circa 10 April 1839 [State of Missouri v. Gates et al. for Treason]
ID #
4718
Total Pages
11
Print Volume Location
Handwriting on This Page
  • James A. Clark

© 2024 by Intellectual Reserve, Inc. All rights reserved.Terms of UseUpdated 2021-04-13Privacy NoticeUpdated 2021-04-06