20031837

Petition to George Thompkins, 15 March 1839

allowed the privilege of introducing his witnesses, he could have disproved every thing that was against him: but the Court suffered them to be intimidated some of them in the presence of the Court, and they were driven also and hunted and some of them entirely driven out of the State

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Mormon missionaries...

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, And thus he was not able to have a fair trial; That the Spirit of the Court was tyrranical and overbearing, and the whole transaction of his treatment convinced your petitioners that it was a religious persecution, proscribing him in the liberty of Conscience which is guaranteed to him by the Constitution of the United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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, and the State of Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Mormon missionaries...

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. That a long catalogue of garbled testimony was permitted by the court, purporting to be the religious sentiments of the Said Joseph Smith Jr which testimony was false, and your petitioners know that it was false, and can prove that it was false because the witnesses testified that those sentiments were promulgated on certain days and in the presence of large congregations, and your petitioners can prove by those congregations that the said Joseph Smith Jr did not promulgate such ridiculous and absurd sentiments for his religion as was testified of, and admitted before the Honorable Austin A King

21 Sept. 1802–22 Apr. 1870. Attorney, judge, politician, farmer. Born at Sullivan Co., Tennessee. Son of Walter King and Nancy Sevier. Married first Nancy Harris Roberts, 13 May 1828, at Jackson, Madison Co., Tennessee. In 1830, moved to Missouri, where he...

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and at the same time these things had no bearing on the case that the said Joseph Smith Jr was pretended to be charged with.
And after the examination the said prisoner was committed to the jail for treason against the State of Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Mormon missionaries...

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. whereas the said Joseph Smith Jr did not levy war against the State of Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Mormon missionaries...

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, neither did he commit any overt acts, neither did he aid or abet an enemy against the State of Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Mormon missionaries...

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during the time that he is charged with having done so, and further your petitioners have yet to learn that the State

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Mormon missionaries...

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has an enemy, neither is the proof evident nor the presumption great in its most malignant form upon the face of the testimony on the part of the State

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Mormon missionaries...

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, expartie as it is in its nature that the said prisoner had committed the slightest degree of treason or any other act of transgression against the laws of the State of Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Mormon missionaries...

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; and yet said prisoner has been committed to Liberty Jail Clay County (Mo) for treason, he has continually offered bail to any amount that could be required, notwithstanding your petitioners alledge that he ought to have been acquitted. Your petitioners also alledge that the commitment was an illegal commitment, for the law requires that a copy of the testimony should be put in the hands of the Jailor which was not done. Your petitioners alledge that the prisoner has been denied the privilege of the law, in a writ of Habeas Corpus, by the Judges of this County

Settled ca. 1800. Organized from Ray Co., 1822. Original size diminished when land was taken to create several surrounding counties. Liberty designated county seat, 1822. Population in 1830 about 5,000; in 1836 about 8,500; and in 1840 about 8,300. Refuge...

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; whether they have prejudged the case of the prisoner or whether they are not willing to administer law and justice to the prisoner, or that they are intimitdated by the high office of Judge King

21 Sept. 1802–22 Apr. 1870. Attorney, judge, politician, farmer. Born at Sullivan Co., Tennessee. Son of Walter King and Nancy Sevier. Married first Nancy Harris Roberts, 13 May 1828, at Jackson, Madison Co., Tennessee. In 1830, moved to Missouri, where he...

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who only acted in the case of the prisoners as a committing Magistrate, a conservator [p. 22]
allowed the privilege of introducing his witnesses, he could have disproved every  thing that was against him: but the Court suffered them to be intimidated  some of them <in> the presence of the Court, and they were driven also and hunted  and some of them entirely driven out of the State

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Mormon missionaries...

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, And thus he was not able  to have a fair trial; That the Spirit of the Court was tyrranical and  overbearing, and the whole transaction of his treatment convinced your  petitioners that it was a religious persecution, proscribing <him> in the liberty  of Conscience which is guaranteed to him by the Constitution of the United  States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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, and the State of Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Mormon missionaries...

More Info
. That a long catalogue of garbled  testimony was permitted by the court, purporting to be the religious senti ments of the Said Joseph Smith Jr which testimony was false, and your  petitioners know that it was false, and can prove that it was false  because the witnesses testified that those sentiments were promulgated on  certain days and in the presence of large congregations, and your petit ioners can prove by those congregations that the said Joseph Smith Jr  did not promulgate such ridiculous and absurd sentiments for his religion  as was testified of, and admitted before the Honorable Austin A King

21 Sept. 1802–22 Apr. 1870. Attorney, judge, politician, farmer. Born at Sullivan Co., Tennessee. Son of Walter King and Nancy Sevier. Married first Nancy Harris Roberts, 13 May 1828, at Jackson, Madison Co., Tennessee. In 1830, moved to Missouri, where he...

View Full Bio
 and at the same time these things had no bearing on the case that the said  Joseph Smith Jr was pretended to be charged with.
And after the examination the said prisoner was committed to the jail for treason  against the State of Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Mormon missionaries...

More Info
. whereas the said Joseph Smith Jr did not levy war  against the State of Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Mormon missionaries...

More Info
, neither did he commit any overt acts, neither did he  aid or abet an enemy against the State of Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Mormon missionaries...

More Info
during the time that he is  charged with having done so, and further your petitioners have yet to learn that  the State

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Mormon missionaries...

More Info
has an enemy, neither is the proof evident nor the presumption great  in its most malignant form upon the face of the testimony on the part of the  State

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Mormon missionaries...

More Info
, expartie as it is in its nature that the said prisoner had committed the  slightest degree of treason or any other act of transgression against the laws of the  State of Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Mormon missionaries...

More Info
; and yet said prisoner has been committed to Liberty Jail  Clay County (Mo) for treason, he has continually offered bail to any amount  that could be required, notwithstanding your petitioners alledge that he ought  to have been acquitted. Your petitioners also alledge that the commitment was  an illegal commitment, for the law requires that a copy of the testimony should  be put in the hands of the Jailor which was not done. Your petitioners alledge  that the prisoner has been denied the privilege of the law, in a writ of Habeas  Corpus, by the Judges of this County

Settled ca. 1800. Organized from Ray Co., 1822. Original size diminished when land was taken to create several surrounding counties. Liberty designated county seat, 1822. Population in 1830 about 5,000; in 1836 about 8,500; and in 1840 about 8,300. Refuge...

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; whether they have prejudged the case of the  prisoner or whether they are not willing to administer law and justice to the  prisoner, or that they are intimitdated by the high office of Judge King

21 Sept. 1802–22 Apr. 1870. Attorney, judge, politician, farmer. Born at Sullivan Co., Tennessee. Son of Walter King and Nancy Sevier. Married first Nancy Harris Roberts, 13 May 1828, at Jackson, Madison Co., Tennessee. In 1830, moved to Missouri, where he...

View Full Bio
who only  acted in the case of the prisoners as a committing Magistrate, a conservator [p. 22]
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Alanson Ripley

8 Jan. 1798–before 1860. Surveyor, lawyer. Born at New York. Son of Asa Ripley and Polly Deforest. Married Sarah Finkle. Resided in Massachusetts, 1827. Member of LDS church in Ohio. Participated in Camp of Israel expedition to Missouri, 1834. Landholder ...

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, Heber C. Kimball

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, William Huntington, Joseph B. Noble

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, JS, and others, Liberty

Located in western Missouri, thirteen miles north of Independence. Settled 1820. Clay Co. seat, 1822. Incorporated as town, May 1829. Following expulsion from Jackson Co., 1833, many Latter-day Saints found refuge in Clay Co., with church leaders and other...

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, MO, petition, to George Thompkins, 15 Mar. 1839; handwriting of James Mulholland

1804–3 Nov. 1839. Born in Ireland. Baptized into LDS church. Married Sarah Scott, 8 Feb. 1838, at Far West, Caldwell Co., Missouri. Engaged in clerical work for JS, 1838, at Far West. Ordained a seventy, 28 Dec. 1838. After expulsion from Missouri, lived ...

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; in JS Letterbook 2, pp. 21—24; JS Collection, CHL.

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