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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 Info7 Nov. 1813–6 Apr. 1893. Shoemaker, carpenter, joiner. Born at Harpersfield, Ashtabula Co., Ohio. Son of Reynolds Cahoon and Thirza Stiles. Baptized into Church of Jesus Christ of Latter-day Saints by Parley P. Pratt, 16 Oct. 1830, at Kirtland, Geauga Co....
View Full Bio14 Mar. 1811–1 Feb. 1878. Justice of the peace, physician, land speculator. Born in Braunston, Northamptonshire, England. Son of John Foster and Jane Knibb. Married Sarah Phinney, 18 July 1837, at Medina Co., Ohio. Baptized into Church of Jesus Christ of ...
View Full BioClayton, Journal, 2–3 Feb. 1843.
Clayton, William. Journals, 1842–1845. CHL.
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 Bio17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charnock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into Church of Jesus Christ of Latter-day Saints by Heber...
View Full Bio7 Nov. 1813–6 Apr. 1893. Shoemaker, carpenter, joiner. Born at Harpersfield, Ashtabula Co., Ohio. Son of Reynolds Cahoon and Thirza Stiles. Baptized into Church of Jesus Christ of Latter-day Saints by Parley P. Pratt, 16 Oct. 1830, at Kirtland, Geauga Co....
View Full BioClayton, Journal, 4 Feb. 1843; for more on habeas corpus, see “Nauvoo Municipal Court and the Writ of Habeas Corpus.”
Clayton, William. Journals, 1842–1845. CHL.
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 BioThe legal process of seizing the property of a defendant, in whatever hands the same may be found, in order to ensure satisfaction of a judgment or to coerce the defendant into appearing in court and answering the plaintiff’s claim. In some jurisdictions,...
View GlossaryHabeas Corpus, 4 Feb. 1843 [State of Illinois v. Goddard et al. on Habeas Corpus]; Attachment, 4 Feb. 1843 [State of Illinois v. Goddard et al. on Habeas Corpus]; Subpoena, 4 Feb. 1843–A [State of Illinois v. Goddard et al. on Habeas Corpus]; Subpoena, 4 Feb. 1843–B [State of Illinois v. Goddard et al. on Habeas Corpus].
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 Bio7 Nov. 1813–6 Apr. 1893. Shoemaker, carpenter, joiner. Born at Harpersfield, Ashtabula Co., Ohio. Son of Reynolds Cahoon and Thirza Stiles. Baptized into Church of Jesus Christ of Latter-day Saints by Parley P. Pratt, 16 Oct. 1830, at Kirtland, Geauga Co....
View Full Bio17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charnock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into Church of Jesus Christ of Latter-day Saints by Heber...
View Full BioClayton, Journal, 4 Feb. 1843; Docket Entry, ca. 4 Feb. 1843 [State of Illinois v. Goddard et al. on Habeas Corpus].
Clayton, William. Journals, 1842–1845. CHL.
In habeas corpus proceedings, courts had the authority to remand prisoners, set their bail, or discharge them from custody but not to determine guilt or innocence. (Tucker, Blackstone’s Commentaries, 1:291–292; Kent, Commentaries on American Law, 2:25; “Nauvoo Municipal Court and the Writ of Habeas Corpus.”)
Tucker, St. George. Blackstone's Commentaries: With Notes of Reference, to the Constitution and Laws, of the Federal Government of the United States; and of the Commonwealth of Virginia. 5 vols. Philadelphia: William Young Birch and Abraham Small, 1803.
Kent, James. Commentaries on American Law. Vol. 2. New York: O. Halsted, 1827.
Docket Entry, ca. 4 Feb. 1843 [State of Illinois v. Goddard et al. on Habeas Corpus]. A trial for Goddard and Riley was apparently held on 6 February, presumably before Spencer. According to Clayton, a jury found Goddard and Riley guilty and fined them three dollars each. Clayton, who had openly defended the two men, decried this as “an unjust sentence, brought to pass by a partial jury.” (Clayton, Journal, 6 Feb. 1843.)
Clayton, William. Journals, 1842–1845. CHL.
“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 GlossaryThe original warrant served by Constable James Flack and presumably returned to Spencer is not extant.
Constable James Flack presumably made this copy of the warrant to aid in his arrest of the defendants. (Docket Entry, ca. 4 Feb. 1843 [State of Illinois v. Goddard et al. on Habeas Corpus].)
Clayton presumably made this copy as he assisted the defendants in preparing their petition for habeas corpus. Sloan’s notation indicated that this copy was submitted with the 4 February 1843 petition. (Clayton, Journal, 4 Feb. 1843.)
Clayton, William. Journals, 1842–1845. CHL.
Clayton copied the warrant into the 4 February 1843 petition for habeas corpus. (Clayton, Journal, 4 Feb. 1843.)
Clayton, William. Journals, 1842–1845. CHL.
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