Introduction to City of Nauvoo v. Clements et al.

Document Transcript

City of Nauvoo v. Clements, A. Tanner, and H. Tanner
Nauvoo, Hancock Co., Illinois, Mayor’s Court, 22 December 1842
 
Historical Introduction
On 19 December 1842, JS found Albert Clements and guilty of violating the , Illinois, city ordinance regarding disorderly persons (see City of Nauvoo v. Clements and N. Tanner). Following the trial, Clements, along with Albert and Henry Tanner, spoke out against testimony that had been given by Susan McArthur and two of her children. Though , Susan’s husband, had not personally heard the men’s remarks, he had “been credibly informed” that they had claimed his family’s testimonies were perjured and that their language had been abusive and slanderous. He filed a complaint against the three men on 19 December 1842.
JS issued a warrant for their arrest. Initially, the officer was able to locate only Henry Tanner, noting that Albert Clements and Albert Tanner had left . Henry was brought before the court on 20 December, and three witnesses were subpoenaed: Levi Knight; Alvin Clements, who was Albert Clements’s oldest son; and , who had served the warrant and subpoena in the first trial against Clements. Henry pleaded not guilty, but after the testimony, JS found him guilty of violating the city’s disorderly person ordinance and fined him one dollar.
Two days later, on 22 December, Albert Clements was brought before the court. Alvin Clements was again subpoenaed, as was Henry Tanner. also testified. Albert pleaded not guilty. Following the testimony, JS found Clements guilty and fined him five dollars. There is no indication that further efforts were made to bring the third defendant, seventeen-year-old Albert Tanner, before the court.
 
Related Case
 
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.

Footnotes

  1. 1

    Albert and Henry were younger brothers of Nathan Tanner. Henry McArthur was thirteen years of age, Sally (Sarah) was fifteen. (John Tanner [1778–1850] and Lydia Stewart family tree, FamilySearch, accessed 2 Jan. 2019, https://www.familysearch.org/tree/pedigree/landscape/KWJ1-K2F; Duncan McArthur [1796–1865] and Susan McKeen family tree, FamilySearch, accessed 2 Jan. 2019, https://www.familysearch.org/tree/pedigree/landscape/KWVM-Z7M.)  

    FamilySearch. Compiled by the Church of Jesus Christ of Latter-day Saints. https://familysearch.org.

  2. 2

    Complaint, 19 Dec. 1842 [City of Nauvoo v. Clements et al.]. Perjury was considered to be an “infamous” crime, along with offenses such as rape and burglary. Upon being convicted of perjury, a person lost the right to vote, serve as a juror, and provide testimony in trials and was barred from holding any office of “honor, trust, or profit.” (An Act Relative to Criminal Jurisprudence [1 July 1833], Public and General Statute Laws of the State of Illinois, p. 229, sec. 164.)  

    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.

  3. 3

    Docket Entry, between 20 and ca. 22 Dec. 1842 [City of Nauvoo v. Clements et al.]. As Nathan Tanner resided across the river in Iowa Territory, it is possible they went to his home following the 19 December trial. (Tanner, Reminiscences, 27.)  

    Tanner, Nathan. Reminiscences, ca. 1900. CHL. MS 15560.

  4. 4

    Docket Entry, between 20 and ca. 22 Dec. 1842 [City of Nauvoo v. Clements et al.]; Subpoena, 20 Dec. 1842 [City of Nauvoo v. Clements et al.]; Docket Entry, ca. 19 Dec. 1842 [City of Nauvoo v. Clements and Tanner].  

  5. 5

    Docket Entry, between 20 and ca. 22 Dec. 1842 [City of Nauvoo v. Clements et al.]; Execution, 20 Dec. 1842 [City of Nauvoo v. Clements et al.]. The amount of the fine indicates that the court did not view his language as being egregious, since the judge had discretion to issue a fine up to $500. The fine plus court costs amounted to $3.62½. As of April 1843, the city was still trying to collect $0.66 that remained unpaid. (Nauvoo City Council Minute Book, An Ordinance Concerning Vagrants and Disorderly Persons, 13 Nov. 1841, 31; Execution, 4 Apr. 1843 [City of Nauvoo v. Clements et al.].)  

  6. 6

    Docket Entry, between 20 and ca. 22 Dec. 1842 [City of Nauvoo v. Clements et al.]; Subpoena, 22 Dec. 1842 [City of Nauvoo v. Clements et al.]. Sloan served as the city recorder. He drafted the execution against Clements and was responsible for the docket book entry. The fact that he testified indicates that he heard comments made by the defendants following the 19 December trial. (See Execution, 22 Dec. 1842 [City of Nauvoo v. Clements et al.].)  

  7. 7

    Docket Entry, between 20 and ca. 22 Dec. 1842 [City of Nauvoo v. Clements et al.].