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Introduction to City of Nauvoo v. Davis for Ardent Spirits

City of Nauvoo v. Davis for Ardent Spirits
Nauvoo, Hancock Co., Illinois, Mayor’s Court, 1 December 1842
Nauvoo, Hancock Co., Illinois, Municipal Court, 6 December 1842
Hancock Co., Illinois, Circuit Court, 24 May 1843
 
Historical Introduction
On 1 December 1842, Ira Miles swore a complaint before JS against for selling small quantities of liquor in violation of the city’s temperance ordinance. Davis, a merchant and tavern keeper in , Illinois, had joined the church in 1840, but in 1842 his relationship with JS and the church deteriorated. In March JS brought charges against Davis for slandering his character, and a jury found Davis guilty of violating Nauvoo’s vagrancy and disorderly persons ordinance. Between 29 November and 6 December 1842, Davis was accused of violating several city ordinances and was tried in five cases in Nauvoo courts. In each of these cases, JS participated as either mayor, justice of the peace, complainant, or witness.
Miles initiated one of the five cases with his complaint on 1 December. JS issued a warrant based on the complaint, and was arrested the next day. On the same day as the arrest, 2 December, JS presided at the trial in the mayor’s court. and represented the , while Davis represented himself. After hearing witness testimony, JS found Davis guilty and fined him twenty-five dollars.
appealed his conviction to the Nauvoo Municipal Court on 6 December. That day, issued a subpoena for twelve witnesses. represented Davis, while continued to represent the . JS, as chief justice, presided over the appeal and was joined by the other justices of the municipal court. After hearing witness testimony, the court upheld the verdict and fine, after which Davis announced his intention to appeal the municipal court’s decision.
On 19 January 1843, filed a notice of appeal before the Circuit Court, and the appeal was heard at the May 1843 term. This appeal was one of three that Davis made to the circuit court following his string of prosecutions in in late November and early December 1842. Because of the similarities between the three cases in the circuit court, some of the same documents were used multiple times, and it is possible that some were misfiled and are currently associated with the wrong case. According to an attorney’s agreement signed before the circuit court proceedings, the three appeals were to focus on “the legailty of the Ordinances and if the City Council has the authority under the charter to pass said Ordinances.” Subsequently, on 16 May 1843, C. O. Warner, the defense attorney, filed a motion to dismiss the suits, while George Bachman, Nauvoo’s attorney, filed to dismiss Davis’s appeals. All of the motions used almost identical language. Warner claimed that the proceedings had been contrary to the constitutions of and the and that no law or ordinance had been violated. Bachman, meanwhile, primarily objected to the procedures of Davis’s appeals, claiming that his appeal bonds were irregularly entered and that the appeal to the circuit court was improper. On 23 May, the circuit court rejected the motions to dismiss and instead held a jury trial on the temperance charge. Although the jurors upheld Davis’s conviction on 24 May, they reduced the fine from twenty-five dollars to 6¼ cents. The costs and fine were subsequently collected later that year.
For the other cases involving JS that were brought against around this time, see City of Nauvoo v. Davis for Slander of JS–B, City of Nauvoo v. Davis for Slander of JS–C, City of Nauvoo v. Davis for Assault, and City of Nauvoo v. Davis for Slander of Miles.
 
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.
City of Nauvoo v. Davis for Ardent Spirits
Nauvoo, Hancock Co., Illinois, Mayor’s Court, 1 December 1842
Nauvoo, Hancock Co., Illinois, Municipal Court, 6 December 1842
Hancock Co., Illinois, Circuit Court, 24 May 1843
 
Historical Introduction
On 1 December 1842, Ira Miles swore a complaint before JS against for selling small quantities of liquor in violation of the city’s temperance ordinance. Davis, a merchant and tavern keeper in , Illinois, had joined the church in 1840, but in 1842 his relationship with JS and the church deteriorated. In March JS brought charges against Davis for slandering his character, and a jury found Davis guilty of violating Nauvoo’s vagrancy and disorderly persons ordinance. Between 29 November and 6 December 1842, Davis was accused of violating several city ordinances and was tried in five cases in Nauvoo courts. In each of these cases, JS participated as either mayor, justice of the peace, complainant, or witness.
Miles initiated one of the five cases with his complaint on 1 December. JS issued a warrant based on the complaint, and was arrested the next day. On the same day as the arrest, 2 December, JS presided at the trial in the mayor’s court. and represented the , while Davis represented himself. After hearing witness testimony, JS found Davis guilty and fined him twenty-five dollars.
appealed his conviction to the Nauvoo Municipal Court on 6 December. That day, issued a subpoena for twelve witnesses. represented Davis, while continued to represent the . JS, as chief justice, presided over the appeal and was joined by the other justices of the municipal court. After hearing witness testimony, the court upheld the verdict and fine, after which Davis announced his intention to appeal the municipal court’s decision.
On 19 January 1843, filed a notice of appeal before the Circuit Court, and the appeal was heard at the May 1843 term. This appeal was one of three that Davis made to the circuit court following his string of prosecutions in in late November and early December 1842. Because of the similarities between the three cases in the circuit court, some of the same documents were used multiple times, and it is possible that some were misfiled and are currently associated with the wrong case. According to an attorney’s agreement signed before the circuit court proceedings, the three appeals were to focus on “the legailty of the Ordinances and if the City Council has the authority under the charter to pass said Ordinances.” Subsequently, on 16 May 1843, C. O. Warner, the defense attorney, filed a motion to dismiss the suits, while George Bachman, Nauvoo’s attorney, filed to dismiss Davis’s appeals. All of the motions used almost identical language. Warner claimed that the proceedings had been contrary to the constitutions of and the and that no law or ordinance had been violated. Bachman, meanwhile, primarily objected to the procedures of Davis’s appeals, claiming that his appeal bonds were irregularly entered and that the appeal to the circuit court was improper. On 23 May, the circuit court rejected the motions to dismiss and instead held a jury trial on the temperance charge. Although the jurors upheld Davis’s conviction on 24 May, they reduced the fine from twenty-five dollars to 6¼ cents. The costs and fine were subsequently collected later that year.
For the other cases involving JS that were brought against around this time, see City of Nauvoo v. Davis for Slander of JS–B, City of Nauvoo v. Davis for Slander of JS–C, City of Nauvoo v. Davis for Assault, and City of Nauvoo v. Davis for Slander of Miles.
 
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.
 
Nauvoo, Hancock Co., Illinois, Mayor’s Court
  • 1842 (6)
    • December (6)
      1 December 1842

      Ira Miles, Complaint, before JS as Mayor, Nauvoo, Hancock Co., IL

      • 1 Dec. 1842; JS Papers, Abraham Lincoln Presidential Library, Springfield, IL; handwriting of William W. Phelps; signatures of Ira Miles and JS; docket in handwriting of JS; docket and endorsement in handwriting of James Sloan; docket in handwriting of M. Avise; notation in handwriting of Jacob B. Backenstos.
      1 December 1842

      JS as Mayor, Warrant, to Nauvoo City Marshal, for Amos Davis, Nauvoo, Hancock Co., IL

      • 1 Dec. 1842; private possession; photocopy at CHL; handwriting of Willard Richards; signature of JS; endorsement in handwriting of James Sloan.
      1 December 1842

      Subpoena, for James A. Easton and Others, Nauvoo, Hancock Co., IL

      1 December 1842

      JS as Mayor, Execution, to Nauvoo City Marshal, Nauvoo, Hancock Co., IL

      • 1 Dec. 1842; private possession; handwriting of James Sloan; signature of JS.
      Ca. 2 December 1842

      Docket Entry, Nauvoo, Hancock Co., IL

      • Ca. 2 Dec. 1842; Nauvoo Mayor’s Court Docket Book, 38; handwriting of James Sloan; notations in handwriting of James Sloan.
      • 3 Dec. 1842. Not extant.
      • 6 Dec. 1842; private possession; photocopy at CHL; handwriting of James Sloan; signature of JS; docket in handwriting of James Sloan; docket in handwriting of M. Avise; notation in handwriting of Jacob B. Backenstos.
      6 December 1842

      Amos Davis, Bond, Nauvoo, Hancock Co., IL

 
Nauvoo, Hancock Co., Illinois, Municipal Court
  • 1842 (4)
    • December (4)
      Ca. 2 December 1842

      Docket Entry, Copy, Nauvoo, Hancock Co., IL

      • 6 Dec. 1842; private possession; photocopy at CHL; handwriting of James Sloan; signature of JS; docket in handwriting of James Sloan; docket in handwriting of M. Avise; notation in handwriting of Jacob B. Backenstos.
      6 December 1842

      James Sloan, Subpoena, to Nauvoo City Marshal, for John M. Finch and Others, Nauvoo, Hancock Co., IL

      • 6 Dec. 1842; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of James Sloan; docket, notation, and endorsements in handwriting of James Sloan; docket and notation in handwriting of Henry G. Sherwood; docket in handwriting of M. Avise; notation in handwriting of Jacob B. Backenstos.
      Ca. 6 December 1842

      Docket Entry, Nauvoo, Hancock Co., IL

      • Ca. 6 Dec. 1842; Nauvoo Municipal Court Docket Book, 14–15; handwriting of James Sloan; notations in handwriting of James Sloan.
      • 8 Dec. 1842; photocopy in Historical Department, Nineteenth-Century Legal Documents Collection, 1829–1973, CHL; handwriting of James Sloan; docket and notation in handwriting of M. Avise.
      • 27 Feb. 1843; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of James Sloan; docket probably in handwriting of M. Avise; notation in handwriting of Jacob B. Backenstos.
      8 December 1842

      James Sloan, Execution, to Nauvoo City Marshal, Nauvoo, Hancock Co., IL

      • 8 Dec. 1842; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of James Sloan; docket in handwriting of James Sloan; docket in handwriting of James Sloan; docket in handwriting of M. Avise; notation in handwriting of Jacob B. Backenstos.
  • 1843 (2)
    • January (1)
      19 January 1843

      Jacob B. Backenstos, Supersedeas, to Nauvoo Municipal Court and Nauvoo City Marshal or Constable, Carthage, Hancock Co., IL

      • 19 Jan. 1843; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of M. Avise; signature of Jacob B. Backenstos; docket and notation in handwriting of M. Avise; notation in handwriting of John D. Parker; notation in handwriting of William Backenstos.
    • February (1)
      28 February 1843

      Henry G. Sherwood, Claim, Nauvoo, Hancock Co., IL

      • 28 Feb. 1843; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of Henry G. Sherwood; endorsement in handwriting of James Sloan; docket probably in handwriting of M. Avise; notation in handwriting of Jacob B. Backenstos.
 
Hancock Co., Illinois, Circuit Court
  • 1842 (2)
    • December (2)
      Ca. 6 December 1842

      Docket Entry, Copy, Nauvoo, Hancock Co., IL

      • 8 Dec. 1842; photocopy in Historical Department, Nineteenth-Century Legal Documents Collection, 1829–1973, CHL; handwriting of James Sloan; docket and notation in handwriting of M. Avise.
      • 27 Feb. 1843; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of James Sloan; docket probably in handwriting of M. Avise; notation in handwriting of Jacob B. Backenstos.
      9 December 1842

      Amos Davis and Others, Bond, Carthage, Hancock Co., IL, to City of Nauvoo

      • 9 Dec. 1842; Hancock County Courthouse, Carthage, IL; photocopy in Historical Department, Nineteenth-Century Legal Documents Collection, 1829–1973, CHL; printed form with manuscript additions in handwriting of M. Avise; signatures of Amos Davis, Lewis Robison, and Robert D. Foster.
  • 1843 (21)
    • May (15)
      Ca. 15 May 1843

      C. O. Warner on behalf of Amos Davis, Motion, Carthage, Hancock Co., IL, ca. 15 May 1843–A

      • Ca. 15 May 1843; Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, BYU; handwriting of C. O. Warner; docket in handwriting of C. O. Warner; docket in unidentified handwriting; notation in handwriting of Jacob B. Backenstos.
      Ca. 15 May 1843

      George Stiles, Motion, Carthage, Hancock Co., IL, ca. 15 May 1843–B

      • Ca. 15 May 1843; Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, BYU; handwriting of George Stiles; notation in handwriting of Jacob B. Backenstos.
      16 May 1843

      Docket Entry, Motions Overruled, Carthage, Hancock Co., IL

      • 16 May 1843; Hancock County Circuit Court Record, vol. C, p. 409, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
      18 May 1843

      C. O. Warner, Agreement, with George Bachman, Hancock Co., IL

      • 18 May 1843; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of George Bachman; dockets and notation in handwriting of Jacob B. Backenstos.
      23 May 1843

      Sidney Rigdon and Others, Praecipe, to Hancock Co. Circuit Court Clerk, Hancock Co., IL

      • 23 May 1843; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of Onias Skinner; docket and notation in handwriting of M. Avise.
      23 May 1843

      Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for John Eagle, Carthage, Hancock Co., IL, 23 May 1843–A

      • 23 May 1843; Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, BYU; printed form with manuscript additions in handwriting of M. Avise; docket and notations printed with manuscript additions in handwriting of M. Avise.
      23 May 1843

      Jacob B. Backenstos, Subpoena, to Hancock Co. Sheriff, for Pulaski Cahoon, Carthage, Hancock Co., IL, 23 May 1843–B

      • 23 May 1843; Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, BYU; printed form with manuscript additions in handwriting of Jacob B. Backenstos; docket printed with manuscript additions in handwriting of Jacob B. Backenstos; notations printed with manuscript additions in handwriting of Jacob B. Backenstos and signatures of John D. Parker.
      23 May 1843

      Docket Entry, Motions Overruled and Jury Impaneled, Carthage, Hancock Co., IL

      • 23 May 1843; Hancock County Circuit Court Record, vol. C, p. 470, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
      24 May 1843

      Reuben Graves and Others, Verdict, Carthage, Hancock Co., IL

      • 24 May 1843; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of Reuben Graves; signatures of jurors; docket and notation in handwriting of Jacob B. Backenstos.
      24 May 1843

      Docket Entry, Verdict, Carthage, Hancock Co., IL

      • 24 May 1843; Hancock County Circuit Court Record, vol. C, p. 475, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
      24 May 1843

      Robert D. Foster, Affidavit, before Jacob B. Backenstos, Carthage, Hancock Co., IL

      • 24 May 1843; microfilm in Circuit Court case files, 1830–1900, CHL; printed form with manuscript additions in handwriting of Jacob B. Backenstos; signature of Robert D. Foster; docket in handwriting of M. Avise; docket in unidentified handwriting; notation in handwriting of Jacob B. Backenstos.
      Ca. 24 May 1843

      Docket Entry, Hancock Co., IL

      • Ca. 24 May 1843; Hancock County Circuit Court, Judgment Docket, vol. B, pp. 31–31a, Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; unidentified handwriting.
      25 May 1843

      Joseph A. McCall, Affidavit, before M. Avise on behalf of Jacob B. Backenstos, Carthage, Hancock Co., IL

      • 25 May 1843; Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, BYU; printed form with manuscript additions in handwriting of M. Avise; signature of Joseph A. McCall; docket in handwriting of M. Avise; notation in handwriting of Jacob B. Backenstos.
      26 May 1843

      John A. Forgeus, Affidavit, before David E. Head on behalf of Jacob B. Backenstos, Carthage, Hancock Co., IL, 26 May 1843–A

      • 26 May 1843; microfilm in Circuit Court case files, 1830–1900, CHL; printed form with manuscript additions in handwriting of David E. Head; signature of John A. Forgeus; docket in handwriting of M. Avise; notation in handwriting of Jacob B. Backenstos.
      26 May 1843

      Jonathan H. Hale, Affidavit, before Jacob B. Backenstos, Carthage, Hancock Co., IL, 26 May 1843–B

      • 26 May 1843; Hancock Co., IL, Circuit Court Legal Documents, 1839–1860, BYU; printed form with manuscript additions in handwriting of Jacob B. Backenstos; signature of Jonathan H. Hale; docket in handwriting of M. Avise; notation in handwriting of Jacob B. Backenstos.
    • September (3)
      19 September 1843

      Execution, Carthage, Hancock Co., IL

      Ca. 19 September 1843

      Fee Bill, Carthage, Hancock Co., IL

      Ca. September 1843

      Docket Entry, Fee Bill, Carthage, Hancock Co., IL

    • October (1)
      20 October 1843

      Docket Entry, Motion, Carthage, Hancock Co., IL

    • December (2)
      Between 19 September and 18 December 1843

      Receipts, Hancock Co., IL

      Between 24 May and ca. 18 December 1843

      Docket Entry, Fieri Facias, Hancock Co., IL

      • Between 24 May and ca. 18 Dec. 1843; Hancock County Circuit Court, Execution Docket, vol. B, pp. 95–95a, Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting probably of David E. Head.