Introduction to City of Nauvoo v. Anderson et al.

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Introduction to City of Nauvoo v. Anderson et al. Complaint, 16 December 1842 [City of Nauvoo v. Anderson et al.] Warrant, 16 December 1842 [City of Nauvoo v. Anderson et al.] Subpoena, 16 December 1842 [City of Nauvoo v. Anderson et al.] Docket Entry, circa 16–17 December 1842 [City of Nauvoo v. Anderson et al.] Execution, 17 December 1842 [City of Nauvoo v. Anderson et al.] Execution, 25 April 1843 [City of Nauvoo v. Anderson et al.]
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
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filed a complaint before JS as mayor of
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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, Illinois, alleging that
Burr Anderson
1825/1826–after 1852. Stonecutter. Born in Eldredge, Huron Co., Ohio. Son of John Anderson and Lydia Kellogg. Family moved to Caldwell Co., Missouri, 1837. Family moved to Nauvoo, Hancock Co., Illinois, 1840. Selected to help build font for Nauvoo temple,...
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, Edwin Cutler, and Joseph Hamilton disrupted a public gathering, contrary to a city ordinance regarding public meetings.
1
The nature of the meeting is unclear; however, it was not a religious meeting, as a separate city ordinance dealt with disturbances of that nature. (Nauvoo City Council Minute Book, An Ordinance in Relation to Public Meetings, 1 Mar. 1841, 12; An Ordinance in Relation to Religious Societies, 1 Mar. 1841, 13.)
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.
2
Nauvoo City Council Minute Book, An Ordinance in Relation to Public Meetings, 1 Mar. 1841, 12. Compare with An Act relative to Criminal Jurisprudence [1 July 1833], Public and General Statute Laws of the State of Illinois, p. 219, sec. 113.
Comprehensive Works Cited
The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.
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.
3
Nauvoo City Council Minute Book, An Ordinance Concerning Vagrants and Disorderly Persons, 13 Nov. 1841, 31.

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,
Anderson
1825/1826–after 1852. Stonecutter. Born in Eldredge, Huron Co., Ohio. Son of John Anderson and Lydia Kellogg. Family moved to Caldwell Co., Missouri, 1837. Family moved to Nauvoo, Hancock Co., Illinois, 1840. Selected to help build font for Nauvoo temple,...
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, 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
Elias Higbee
23 Oct. 1795–8 June 1843. Clerk, judge, surveyor. Born at Galloway, Gloucester Co., New Jersey. Son of Isaac Higbee and Sophia Somers. Moved to Clermont Co., Ohio, 1803. Married Sarah Elizabeth Ward, 10 Sept. 1818, in Tate Township, Clermont Co. Lived at ...
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.
4
Docket Entry, ca. 16 Dec. 1842 [City of Nauvoo v. Anderson et al.].

Chauncey L. Higbee
7 Sept. 1821–7 Dec. 1884. Lawyer, banker, politician, judge. Born in Tate Township, Clermont Co., Ohio. Son of Elias Higbee and Sarah Elizabeth Ward. Lived in Fulton, Hamilton Co., Ohio, 1830. Baptized into Church of Jesus Christ of Latter-day Saints, 1832...
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, in addition to testifying, served as legal counsel for
Ivins
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.
5
Docket Entry, ca. 16 Dec. 1842 [City of Nauvoo v. Anderson et al.]. Ivins may have asked Higbee to represent his interests since Illinois law allowed court costs to be assessed against the complainant if the accused was found not guilty and the court felt there was “no reasonable ground for said prosecution, and that it was maliciously entered.” (An Act to Amend “An Act concerning Justices of the Peace and Constables,” . . . [1 June 1829], Public and General Statute Laws of the State of Illinois, p. 422, sec. 13.)
After hearing testimony, the court fined each of the defendants five dollars.
6
An Act Regulating the Salaries, Fees, and Compensation of the Several Officers and Persons Therein Mentioned [19 Feb. 1827], Public and General Statute Laws of the State of Illinois, p. 298, sec. 5.
Although an
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...
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was issued twice, city constable
John D. Parker
22 Nov. 1799–26 Feb. 1891. Farmer, wainwright. Born in Saratoga, Saratoga Co., New York. Son of Abel Parker and Mary Davies. Served in War of 1812 as teamster in General John E. Wool’s company, 1813–1814. Married Harriet Sherwood. Moved to Galway, Saratoga...
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’s return indicated there was “no Property found on which to levy.”
7
Execution, 25 Apr. 1843 [City of Nauvoo v. Anderson et al.].

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.

1842 (5)
December (5)
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.

1843 (1)
April (1)
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.

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Footnotes
[1]
The nature of the meeting is unclear; however, it was not a religious meeting, as a separate city ordinance dealt with disturbances of that nature. (Nauvoo City Council Minute Book, An Ordinance in Relation to Public Meetings, 1 Mar. 1841, 12; An Ordinance in Relation to Religious Societies, 1 Mar. 1841, 13.)
[2]
Nauvoo City Council Minute Book, An Ordinance in Relation to Public Meetings, 1 Mar. 1841, 12. Compare with An Act relative to Criminal Jurisprudence [1 July 1833], Public and General Statute Laws of the State of Illinois, p. 219, sec. 113.
[3]
Nauvoo City Council Minute Book, An Ordinance Concerning Vagrants and Disorderly Persons, 13 Nov. 1841, 31.
[4]
Docket Entry, ca. 16 Dec. 1842 [City of Nauvoo v. Anderson et al.].
[5]
Docket Entry, ca. 16 Dec. 1842 [City of Nauvoo v. Anderson et al.]. Ivins may have asked Higbee to represent his interests since Illinois law allowed court costs to be assessed against the complainant if the accused was found not guilty and the court felt there was “no reasonable ground for said prosecution, and that it was maliciously entered.” (An Act to Amend “An Act concerning Justices of the Peace and Constables,” . . . [1 June 1829], Public and General Statute Laws of the State of Illinois, p. 422, sec. 13.)
[6]
An Act Regulating the Salaries, Fees, and Compensation of the Several Officers and Persons Therein Mentioned [19 Feb. 1827], Public and General Statute Laws of the State of Illinois, p. 298, sec. 5.
[7]
Execution, 25 Apr. 1843 [City of Nauvoo v. Anderson et al.].