Introduction to City of Nauvoo v. Hunter

Home >
The Papers >

Introduction to City of Nauvoo v. Hunter Complaint, 28 November 1842 [City of Nauvoo v. Hunter] Warrant, 28 November 1842 [City of Nauvoo v. Hunter] Complaint, 29 November 1842 [City of Nauvoo v. Hunter] Subpoena, 29 November 1842 [City of Nauvoo v. Hunter] Claim, 29 November 1842 [City of Nauvoo v. Hunter] Docket Entry, circa 29 November 1842 [City of Nauvoo v. Hunter] Supersedeas, 7 December 1842 [City of Nauvoo v. Hunter] Docket Entry, circa 29 November 1842, Copy [City of Nauvoo v. Hunter] Bond, 7 December 1842 [City of Nauvoo v. Hunter] Docket Entry, Motion, 16 May 1843 [City of Nauvoo v. Hunter] Docket Entry, Motion Sustained and Case Dismissed, 23 May 1843 [City of Nauvoo v. Hunter] Docket Entry, circa 23 May 1843 [City of Nauvoo v. Hunter] Docket Entry, Fieri Facias, between 19 September and circa 13 December 1843 [City of Nauvoo v. Hunter] Docket Entry, Fee Bill, circa 22 March 1844 [City of Nauvoo v. Hunter]
Introduction to City of Nauvoo v. Hunter
Page
Hide editing marks

City of Nauvoo v. Hunter

Nauvoo, Hancock Co., Illinois, Municipal Court, 29 November 1842

Hancock Co., Illinois, Circuit Court, 23 May 1843

Historical Introduction

On 28 November 1842, JS swore out a complaint before
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....
More Info
, Illinois, alderman
William Marks
15 Nov. 1792–22 May 1872. Farmer, printer, publisher, postmaster. Born at Rutland, Rutland Co., Vermont. Son of Cornell (Cornwall) Marks and Sarah Goodrich. Married first Rosannah R. Robinson, 2 May 1813. Lived at Portage, Allegany Co., New York, where he...
View Full Bio
in the Nauvoo Municipal Court, charging Thomas Hunter with maligning the church and JS’s character in violation of the city’s ordinance regarding vagrants and disorderly persons.
1
Complaint, 28 Nov. 1842 [City of Nauvoo v. Hunter].
Like most vagrancy laws, Nauvoo’s city ordinance was deliberately vague and provided wide latitude for city authorities to prosecute individuals for idleness, drunkenness, and other disorderly or suspicious behavior.
2
These ordinances also supplied a legal means to threaten and prosecute destitute or undesirable residents when it was deemed in the public interest. (Nauvoo City Council Minute Book, 13 Nov. 1841, 31; see also Ocobock, “Vagrancy and Homelessness in Global and Historical Perspective,” 1–34.)
Comprehensive Works Cited
Ocobock, Paul. “Vagrancy and Homelessness in Global and Historical Perspective.” In Cast Out: Vagrancy and Homelessness in Global and Historical Perspective, edited by A. L. Beier and Paul Ocobock, 1–34. Athens, OH: Ohio University Press, 2008.
According to JS’s complaint, Hunter had accused JS of being “an imposter and a swindler” on or around 26 November and stated that the church as an institution “was a swindle machine.”
3
JS likely based his complaint on a portion of the ordinance that forbade “profane or indecent language, or behaviour.”
4
Nauvoo City Council Minute Book, 13 Nov. 1841, 31.
As an alderman, Marks served as an associate justice on the municipal court and had jurisdiction over alleged breaches of city ordinances.
5
Act to Incorporate the City of Nauvoo, 16 Dec. 1840.
Marks issued an arrest warrant for Hunter that same day, instructing constable
Dimick B. Huntington
26 May 1808–1 Feb. 1879. Farmer, blacksmith, shoemaker, constable, coroner, deputy sheriff, Indian interpreter. Born at Watertown, Jefferson Co., New York. Son of William Huntington and Zina Baker. Married Fannie Maria Allen, 28 Apr. 1830. Baptized into Church...
View Full Bio
to bring him before the municipal court. The next day, 29 November, Hunter was arrested and delivered into the custody of alderman
Orson Spencer
14 Mar./13 May 1802–15 Oct. 1855. Teacher, minister, university professor and chancellor. Born in West Stockbridge, Berkshire Co., Massachusetts. Son of Daniel Spencer and Chloe Wilson. Moved to Lenox, Berkshire Co., 1817; to Schenectady, Schenectady Co.,...
View Full Bio
, who then subpoenaed witnesses for the trial.
6
See Warrant, 28 Nov. 1842 [City of Nauvoo v. Hunter]; and Subpoena, 29 Nov. 1842 [City of Nauvoo v. Hunter].

Following Hunter’s arrest but prior to his trial, JS swore out a second complaint before alderman
Daniel H. Wells
27 Oct. 1814–24 Mar. 1891. Farmer, teacher, ferry operator, lumber merchant, manager of nail factory, politician. Born in Trenton, Oneida Co., New York. Son of Daniel Wells and Catherine Chapin. Moved to Marietta, Washington Co., Ohio, ca. 1832. Moved to ...
View Full Bio
, this time alleging that Hunter had violated the
city
More Info
’s ordinance regarding religious societies.
7
See Complaint, 29 Nov. 1842 [City of Nauvoo v. Hunter]; and Nauvoo City Council Minute Book, 1 Mar. 1841, 13. JS’s second complaint against Hunter was one of two complaints he swore out before Wells on 29 November regarding violations of this ordinance; the other complaint accused Amos Davis. (See Complaint, 29 Nov. 1842 [City of Nauvoo v. Davis for Slander of JS–B].)
This ordinance had been passed in March 1841 after JS, as a member of the city council, supported and helped prepare it. The ordinance guaranteed that all “religious sects and denominations whatever, shall have free toleration and equal Privilieges” in Nauvoo; it also criminalized “ridiculing[,] abusing, or otherwise depreciating another in consequence of his religion.”
8
Nauvoo City Council Minute Book, 1 Mar. 1841, 13.
JS’s second complaint echoed the wording of the ordinance by accusing Hunter of using “ridiculous and abusive language” against his character.
9
Complaint, 29 Nov. 1842 [City of Nauvoo v. Hunter]; Nauvoo City Council Minute Book, 1 Mar. 1841, 13.

Hunter’s trial took place on 29 November before the
Nauvoo
More Info
Municipal Court, with
Wells
27 Oct. 1814–24 Mar. 1891. Farmer, teacher, ferry operator, lumber merchant, manager of nail factory, politician. Born in Trenton, Oneida Co., New York. Son of Daniel Wells and Catherine Chapin. Moved to Marietta, Washington Co., Ohio, ca. 1832. Moved to ...
View Full Bio
presiding as president pro tem.
10
In addition to Wells, the court consisted of aldermen Newel K. Whitney, George W. Harris, Gustavus Hills, and William Marks. (See Docket Entry, ca. 29 Nov. 1842 [City of Nauvoo v. Hunter]; and JS, Journal, 29 Nov. 1842.)
After JS’s second complaint was read to the court, Hunter pleaded guilty to violating the religious societies ordinance, and the court proceeded to hear testimony from the witnesses.
11
See Docket Entry, ca. 29 Nov. 1842 [City of Nauvoo v. Hunter]. The state statute relating to guilty pleas instructed courts that “in all cases where the court possess any discretion as to the extent of the punishment, it shall be the duty of the court to examine witnesses as to the aggravation and mitigation of the offence.” (An Act relative to Criminal Jurisprudence [26 Feb. 1833], Public and General Statute Laws of the State of Illinois, p. 232, sec. 173.)
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.
The court’s docket entry states that “the Prosecutor” ultimately “recommended the Deft to the mercy of the Court.” JS’s journal for the date suggests that the prosecutor mentioned in the docket entry likely is JS, who “forgave Hunter the judgement.” The court accordingly discharged Hunter without fining him for violating a city ordinance.
12
Docket Entry, ca. 29 Nov. 1842 [City of Nauvoo v. Hunter]; JS, Journal, 29 Nov. 1842. The ordinance regarding religious societies allowed for fines “in any Sum not exceeding five hundred Dollars” or for imprisonment “not exceeding six months, or both.” (Nauvoo City Council Minute Book, 1 Mar. 1841, 13.)
However, because he had pleaded guilty to the charge, the court ordered Hunter to pay the costs of the suit—amounting to eight dollars—and issued a ten-dollar fine against him for contempt of court because he had used “disrespectful and abusive language” to dismiss the authority of the municipal court.
13
Docket Entry, ca. 29 Nov. 1842 [City of Nauvoo v. Hunter]. This fine was a violation of state law, which allowed justices of the peace to issue fines of no “more than five dollars” for contempt of court. (An Act concerning Justices of the Peace and Constables [3 Feb. 1827], Public and General Statute Laws of the State of Illinois, 408, sec. 24.)

Although Hunter had pleaded guilty, he appealed to the
Hancock County
Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...
More Info
Circuit Court, and on 7 December 1842 the court issued a
supersedeas
A writ “containing a command to stay the proceedings at law.” The writ enjoined “the justice and constable from proceeding any further in said suit, and suspending all proceedings in relation thereto.” Hancock County, Illinois, Circuit Court officials often...
View Glossary
to halt the
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 judgment. In February 1843,
James Sloan
28 Oct. 1792–24 Oct. 1886. City recorder, notary public, attorney, judge, farmer. Born in Donaghmore, Co. Tyrone, Ireland. Son of Alexander Sloan and Anne. Married Mary Magill. Baptized into Church of Jesus Christ of Latter-day Saints. Ordained an elder, ...
View Full Bio
provided a certified copy of the municipal court docket entry and other documents, including JS’s original complaints, to the circuit court.
14
See Supersedeas, 7 Dec. 1842 [City of Nauvoo v. Hunter]; and Docket Entry, ca. 29 Nov. 1842 [City of Nauvoo v. Hunter].
In May 1843, during the circuit court’s next session, Hunter’s attorney—possibly
Sylvester Emmons
28 Feb. 1808–15 Nov. 1881. Lawyer, newspaper editor/publisher. Born in Readington Township, Hunterdon Co., New Jersey. Son of Abraham Emmons and Margaret Vlerebome. Moved to Philadelphia, 1831. Moved to Illinois, 1840. Admitted to bar in Hancock Co., Illinois...
View Full Bio
, who had defended him before the municipal court—moved to dismiss the suit. The case was dismissed on the grounds that the municipal court lacked jurisdiction, and the
city
More Info
was ordered to pay Hunter’s court costs. No extant records explicitly state why the circuit court believed that the municipal court lacked jurisdiction. One possibility is that while the ordinance regarding religious societies gave either the mayor’s court or municipal court original jurisdiction, the act incorporating the city of Nauvoo stated that the municipal court could act only as an appellate court and could not hear cases originally.
15
See Docket Entry, ca. 29 Nov. 1842 [City of Nauvoo v. Hunter]; Docket Entry, Motion, 16 May 1843 [City of Nauvoo v. Hunter]; Docket Entry, Motion Sustained and Case Dismissed, 23 May 1843 [City of Nauvoo v. Hunter]; Nauvoo City Council Minute Book, 1 Mar. 1841, 13; and Act to Incorporate the City of Nauvoo, 16 Dec. 1840. The same day it dismissed the municipal court’s case against Hunter, the Hancock County Circuit Court also dismissed one of JS’s complaints against Amos Davis that was tried under similar circumstances. (See Docket Entry, Dismissal, 23 May 1843 [City of Nauvoo v. Davis for Slander of JS–C]>; and Introduction to City of Nauvoo v. Davis for Slander of JS–B and City of Nauvoo v. Davis for Slander of JS–.)

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, Municipal Court
1842 (8)
November (7)
28 November 1842
JS, Complaint, before William Marks, Nauvoo, Hancock Co., IL
28 Nov. 1842; JS Collection (Supplement), CHL; handwriting of James Sloan; signature of JS; certified by William Marks; docket in handwriting of James Sloan; docket and notation in handwriting of Matthias Avise.

28 November 1842
William Marks, Warrant, to Nauvoo City Marshal, for Thomas Hunter, Nauvoo, Hancock Co., IL
28 Nov. 1842; BYU; handwriting of William Marks; docket in handwriting of William Marks; notation in handwriting of Dimick B. Huntington; docket and endorsement in handwriting of James Sloan; docket and notation in handwriting of M. Avise.

29 November 1842
JS, Complaint, before Daniel H. Wells, Nauvoo, Hancock Co., IL
29 Nov. 1842; BYU; handwriting of George Stiles; signature of JS; certified by Daniel H. Wells; docket and notations in handwriting of James Sloan; docket and notation in handwriting of Matthias Avise.

29 November 1842
Orson Spencer, Subpoena, for George Stiles and Others, Nauvoo, Hancock Co., IL
29 Nov. 1842; private possession; photocopy in Historical Department, Nineteenth-Century Legal Documents Collection, CHL; handwriting of Orson Spencer; notation and endorsement in handwriting of James Sloan.
1
The CHL photocopy only includes the recto of the document. The Nauvoo Municipal Court docket entry indicates the subpoena was returned to the court endorsed with the following text, presumably on the document’s verso: “the within served on Messrs. Geo. P. Stiles, Wm. Thompson, Charles Seidel, & Alexr. Gravel,— fees 75¢, H[enry] G. Sherwood, Marshal.” (Docket Entry, ca. 29 Nov. 1842 [City of Nauvoo v. Hunter].)

29 November 1842
Henry G. Sherwood, Claim, Nauvoo, Hancock Co., IL
29 Nov. 1842; microfilm in Circuit Court case files, 1830–1900, CHL; handwriting of Henry G. Sherwood; endorsement in handwriting of James Sloan; docket and notation in handwriting of M. Avise.
1
The claim was forwarded to the Hancock County Circuit Court and filed on 28 February 1843.

29 November 1842
Execution, Nauvoo, Hancock Co., IL
29 Nov. 1842. Not extant.
1
See Docket Entry, ca. 29 Nov. 1842 [City of Nauvoo v. Hunter].

Ca. 29 November 1842
Docket Entry, Nauvoo, Hancock Co., IL
Ca. 29 Nov. 1842; Nauvoo Municipal Court Docket Book, 9 and 11; handwriting of James Sloan; notations in handwriting of James Sloan.
5 Dec. 1842; Nauvoo Legal Proceedings, BYU; handwriting of James Sloan; docket in handwriting of James Sloan; docket and notation in handwriting of M. Avise.
1
A certified copy of the docket entry was created for Thomas Hunter. (Docket Entry, ca. 29 Nov. 1842 [City of Nauvoo v. Hunter].)
27 Feb. 1843. Not extant.
2
A certified copy of the docket entry was forwarded to the Hancock County Circuit Court. (Docket Entry, ca. 29 Nov. 1842 [City of Nauvoo v. Hunter].)

December (1)
7 December 1842
M. Avise on behalf of Jacob Davis, Supersedeas, to Nauvoo Municipal Court, Carthage, Hancock Co., IL
7 Dec. 1842; microfilm in Circuit Court case files, 1830–1900, CHL; unidentified handwriting; signature of M. Avise on behalf of Jacob Davis; docket in handwriting of M. Avise; notations in handwriting of George Stigall.

Hancock Co., Illinois, Circuit Court
1842 (2)
November (1)
Ca. 29 November 1842
Docket Entry, Copy, Nauvoo, Hancock Co., IL
5 Dec. 1842; Nauvoo, IL, Legal Proceedings, BYU; handwriting of James Sloan; docket in handwriting of James Sloan; docket and notation in handwriting of M. Avise.
1
This represents the certified copy of the municipal court docket entry created for Thomas Hunter. (Docket Entry, ca. 29 Nov. 1842 [City of Nauvoo v. Hunter].)
27 Feb. 1843. Not extant.
2
This represents the certified copy of the municipal court docket entry that was forwarded to the Hancock County Circuit Court. (Docket Entry, ca. 29 Nov. 1842 [City of Nauvoo v. Hunter].)

December (1)
7 December 1842
Thomas Hunter and Harmon T. Wilson, Bond, Carthage, Hancock Co., IL, to City of Nauvoo
7 Dec. 1842; microfilm in Circuit Court case files, 1830–1900, CHL; printed form with manuscript additions in handwriting of M. Avise; signatures of Thomas Hunter and Harmon T. Wilson; docket and notation printed with manuscript additions in handwriting of M. Avise.

1843 (5)
May (4)
16 May 1843
Docket Entry, Motion, 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.

23 May 1843
Docket Entry, Motion Sustained and Case Dismissed, Carthage, Hancock Co., IL
23 May 1843; Hancock County Circuit Court Record, vol. C, p. 473, Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.

Ca. 23 May 1843
Docket Entry, Carthage, Hancock Co., IL
Ca. 23 May 1843; Hancock County Circuit Court, Judgment Docket, vol. B, p. 22, Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; unidentified handwriting.

Ca. 23 May 1843
Docket Entry, Fee Bill, Carthage, Hancock Co., IL
Ca. 23 May 1843; Hancock County Circuit Court, Fee Book G, p. 115. Not extant.
1
See Docket Entry, ca. 23 May 1843 [City of Nauvoo v. Hunter].

December (1)
Between 19 September and ca. 13 December 1843
Docket Entry, Fieri Facias, Carthage, Hancock Co., IL
Between 19 Sept. and ca. 13 Dec. 1843; Hancock County Circuit Court, Execution Docket, vol. B, p. [97], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting of David E. Head.

1844 (2)
March (2)
22 March 1844
Fee Bill, Carthage Hancock Co., IL
22 March 1844. Not extant.
1
See Docket Entry, Fee Bill, ca. 22 March 1844 [City of Nauvoo v. Hunter].

Ca. 22 March 1844
Docket Entry, Fee Bill, Carthage, Hancock Co., IL
Ca. 22 March 1844; Hancock County Circuit Court, Execution Docket, vol. B, p. [137], Hancock County Courthouse, Carthage, IL; image in Hancock County Papers, 1830–1872, CHL; handwriting of David E. Head.

View entire transcript
|
Cite this page
Source Note
Document Transcript
Page
Document Information
Footnotes
[1]
[2]
These ordinances also supplied a legal means to threaten and prosecute destitute or undesirable residents when it was deemed in the public interest. (Nauvoo City Council Minute Book, 13 Nov. 1841, 31; see also Ocobock, “Vagrancy and Homelessness in Global and Historical Perspective,” 1–34.)
Ocobock, Paul. “Vagrancy and Homelessness in Global and Historical Perspective.” In Cast Out: Vagrancy and Homelessness in Global and Historical Perspective, edited by A. L. Beier and Paul Ocobock, 1–34. Athens, OH: Ohio University Press, 2008.
[3]
[4]
Nauvoo City Council Minute Book, 13 Nov. 1841, 31.
[5]
Act to Incorporate the City of Nauvoo, 16 Dec. 1840.
[6]
See Warrant, 28 Nov. 1842 [City of Nauvoo v. Hunter]; and Subpoena, 29 Nov. 1842 [City of Nauvoo v. Hunter].
[7]
See Complaint, 29 Nov. 1842 [City of Nauvoo v. Hunter]; and Nauvoo City Council Minute Book, 1 Mar. 1841, 13. JS’s second complaint against Hunter was one of two complaints he swore out before Wells on 29 November regarding violations of this ordinance; the other complaint accused Amos Davis. (See Complaint, 29 Nov. 1842 [City of Nauvoo v. Davis for Slander of JS–B].)
[8]
Nauvoo City Council Minute Book, 1 Mar. 1841, 13.
[9]
Complaint, 29 Nov. 1842 [City of Nauvoo v. Hunter]; Nauvoo City Council Minute Book, 1 Mar. 1841, 13.
[10]
In addition to Wells, the court consisted of aldermen Newel K. Whitney, George W. Harris, Gustavus Hills, and William Marks. (See Docket Entry, ca. 29 Nov. 1842 [City of Nauvoo v. Hunter]; and JS, Journal, 29 Nov. 1842.)
[11]
See Docket Entry, ca. 29 Nov. 1842 [City of Nauvoo v. Hunter]. The state statute relating to guilty pleas instructed courts that “in all cases where the court possess any discretion as to the extent of the punishment, it shall be the duty of the court to examine witnesses as to the aggravation and mitigation of the offence.” (An Act relative to Criminal Jurisprudence [26 Feb. 1833], Public and General Statute Laws of the State of Illinois, p. 232, sec. 173.)
[12]
Docket Entry, ca. 29 Nov. 1842 [City of Nauvoo v. Hunter]; JS, Journal, 29 Nov. 1842. The ordinance regarding religious societies allowed for fines “in any Sum not exceeding five hundred Dollars” or for imprisonment “not exceeding six months, or both.” (Nauvoo City Council Minute Book, 1 Mar. 1841, 13.)
[13]
Docket Entry, ca. 29 Nov. 1842 [City of Nauvoo v. Hunter]. This fine was a violation of state law, which allowed justices of the peace to issue fines of no “more than five dollars” for contempt of court. (An Act concerning Justices of the Peace and Constables [3 Feb. 1827], Public and General Statute Laws of the State of Illinois, 408, sec. 24.)
[14]
See Supersedeas, 7 Dec. 1842 [City of Nauvoo v. Hunter]; and Docket Entry, ca. 29 Nov. 1842 [City of Nauvoo v. Hunter].
[15]
See Docket Entry, ca. 29 Nov. 1842 [City of Nauvoo v. Hunter]; Docket Entry, Motion, 16 May 1843 [City of Nauvoo v. Hunter]; Docket Entry, Motion Sustained and Case Dismissed, 23 May 1843 [City of Nauvoo v. Hunter]; Nauvoo City Council Minute Book, 1 Mar. 1841, 13; and Act to Incorporate the City of Nauvoo, 16 Dec. 1840. The same day it dismissed the municipal court’s case against Hunter, the Hancock County Circuit Court also dismissed one of JS’s complaints against Amos Davis that was tried under similar circumstances. (See Docket Entry, Dismissal, 23 May 1843 [City of Nauvoo v. Davis for Slander of JS–C]>; and Introduction to City of Nauvoo v. Davis for Slander of JS–B and City of Nauvoo v. Davis for Slander of JS–.)