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Introduction to City of Nauvoo v. Anderson et al.

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City of Nauvoo v. Anderson, Cutler, and Hamilton

Nauvoo, Hancock Co., Illinois, Mayor’s Court, 17 December 1842

Historical Introduction

In mid-December 1842, Robert Ivins filed a complaint before JS as mayor of , Illinois, alleging that , Edwin Cutler, and Joseph Hamilton disrupted a public gathering, contrary to a city ordinance regarding public meetings. This ordinance punished any person guilty of disturbing or interrupting any lawful meeting or assembly and gave the court discretion to fine guilty parties up to $500, imprison them for six months, or both.

Ivins also accused the men of using indecent conduct and behavior toward him, in violation of another city ordinance that potentially carried the same penalty.

Cutler and Hamilton were brought before JS on 16 December, but the trial was postponed to the following day so that a warrant could be executed upon the third defendant, , and a subpoena served on a witness. The next day fifteen witnesses were sworn in, including Jacob C. Ivins—the brother of the complainant—and four sons of . , in addition to testifying, served as legal counsel for Ivins.

After hearing testimony, the court fined each of the defendants five dollars. Although an execution was issued twice, city constable ’s return indicated there was “no Property found on which to levy.”

Calendar of Documents

This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court. Where a version of a document was subsequently filed with another court, that version is listed under both courts.

16 December 1842	Robert Ivins, Complaint, before JS as Mayor, Nauvoo, Hancock Co., IL
	16 Dec. 1842; Nauvoo, IL, Records, CHL; handwriting of Chauncey L. Higbee; signatures of Robert Ivins and JS; docket in handwriting of James Sloan.

16 December 1842	JS as Mayor, Warrant, to Nauvoo City Marshal, for Burr Anderson and Others, Nauvoo, Hancock Co., IL
	16 Dec. 1842; Nauvoo, IL, Records, CHL; handwriting of Chauncey L. Higbee; signature of JS; docket in handwriting of Chauncey L. Higbee; notation in handwriting of Dimick B. Huntington; docket in handwriting of James Sloan.

16 December 1842	JS as Mayor and Justice of the Peace, Subpoena, to Nauvoo City Marshal, for Jackson Higbee and Others, Nauvoo, Hancock Co., IL
	16 Dec. 1842; Nauvoo, IL, Records, CHL; handwriting of James Sloan; docket in handwriting of James Sloan; notation in handwriting of Dimick B. Huntington.

Ca. 16–17 December 1842	Docket Entry, Nauvoo, Hancock Co., IL
	Ca. 16–17 Dec. 1842; Nauvoo Mayor’s Court Docket Book, 41–42; handwriting of James Sloan; notations in handwriting of James Sloan.

17 December 1842	JS as Mayor and Justice of the Peace, Execution, to Nauvoo City Marshal, Nauvoo, Hancock Co., IL
	17 Dec. 1842; Nauvoo, IL, Records, CHL; handwriting of James Sloan; signature of JS; docket and notation in handwriting of James Sloan; notations in handwriting of John D. Parker.

25 April 1843	JS as Mayor, Execution, to Nauvoo City Marshal, Nauvoo, Hancock Co., IL
	25 Apr. 1843; Nauvoo, IL, Records, CHL; handwriting of James Sloan; signature of JS; docket in handwriting of James Sloan; notations in handwriting of John D. Parker.