Introduction to City of Nauvoo v. R. D. Foster–B, City of Nauvoo v. R. D. Foster–C, and State of Illinois v. R. D. Foster, Page 1
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Introduction to City of Nauvoo v. R. D. Foster–B, City of Nauvoo v. R. D. Foster–C, and State of Illinois v. R. D. Foster Warrant for Arrest of Robert D. Foster, 9 May 1844 [City of Nauvoo v. R. D. Foster–C]

Introduction to City of Nauvoo v. R. D. Foster–B, City of Nauvoo v. R. D. Foster–C, and State of Illinois v. R. D. Foster

Page

City of Nauvoo v. R. D. Foster–B
Nauvoo, Hancock Co., Illinois, Mayor’s Court, 26 April 1844
Nauvoo, Hancock Co., Illinois, Alderman’s Court, 29 April 1844
 
City of Nauvoo v. R. D. Foster–C
Nauvoo, Hancock Co., Illinois, Mayor’s Court, circa 9 May 1844
 
State of Illinois v. R. D. Foster
Hancock Co., Illinois, Circuit Court, 20 May 1844
 
Historical Introduction
In spring 1844, ’s relationship with JS and the church rapidly deteriorated. In March 1844, named Foster as one of the plotting against JS’s life. On 13 April, JS publicly accused Foster of him in a private conversation. After Foster denied the charge and refused to make a public reconciliation, JS preferred a formal ecclesiastical complaint against him for “unchristin like conduct” through , lying, and conspiring against the lives of JS and his family. On 18 April, in response to these charges, Foster was cut off from the church. Several prosecutions targeting Foster grew out of these tensions. Although the specific details of some of these cases are unclear, the circumstances surrounding them match a broader pattern of Foster and other dissenters challenging the authority of JS and the , Illinois, legal system in spring and summer 1844.
 
City of Nauvoo v. R. D. Foster–B
On 26 April, and several of JS’s other critics were involved in a dispute with city officers, including JS, leading to their conviction in the Nauvoo Mayor’s Court “for resisting the auhoities [authorities] of the city.” That same day, filed a complaint before JS, accusing Foster of “slander” after Foster called Richards a “damned black hearted villain” and alleged that he tried to seduce Foster’s wife, Sarah Phinney Foster. JS issued a warrant for Robert Foster, possibly for breaching a January 1843 ordinance that banned “abusive, indecent, or threatening words.” Foster was brought before JS on the morning of 27 April. According to JS’s journal, Foster was highly contentious during the trial, accusing JS of “a great variety of vile & false epithets & charges.” Ultimately the court adjourned until the next Monday. When the court resumed on 29 April, JS transferred the case to Nauvoo city .Foster objected to the court’s jurisdiction over the case and complained of the informality of the proceedings. Sources regarding the outcome are contradictory. Richards’s personal journal states that the case was abated due to an “informality in [the] writ”; however, Richards’s entry in JS’s journal suggests that the court decided that Foster’s objections lacked “foundati[o]n.” If Foster was found guilty, there is no record of his case being appealed to the Nauvoo Municipal Court, nor are there any extant Nauvoo court documents related to this case.
 
City of Nauvoo v. R. D. Foster–C
Around 9 May 1844, Latter-day Saint Jonas Killmer complained to JS that had used threatening language toward him and him “with a Brick Bat.” Based on this complaint, city attorney drafted or copied a warrant for Foster’s arrest on 9 May 1844. Although the crime of assault was defined by an statute, Foster was charged with violating a Nauvoo city ordinance, presumably a January 1843 ordinance that prohibited “abusive” language and assault. It is unknown whether the warrant was served or if further legal action was taken against Foster. Aside from the draft warrant, no other Nauvoo Mayor’s Court legal documents connected to this case are known to exist. Nor is there any reference to the case in contemporary journals or records, although multiple sources recorded other conflicts with Foster during this period.
 
State of Illinois v. R. D. Foster
In May 1844, appealed an unspecified conviction to the , Illinois, circuit court. A lack of extant documents related to this decision obscures what charge Foster had appealed and from which court. Although it is possible this case arose from an otherwise undocumented prosecution before a , the timing of the appeal suggests it was likely connected to either the slander or the assault case, both of which had originated in the Mayor’s Court. Circumstances surrounding either case would likely support an appeal to the circuit court. During the slander case, Foster objected to the city court’s jurisdiction, suggesting he may have appealed directly to the circuit court to address this question rather than to the Nauvoo Municipal Court. On the other hand, in the assault case, JS sought to prosecute Foster under a Nauvoo city ordinance, even though had a state statute regulating assault. Under Illinois law, assault cases were normally appealed directly from a justice of the peace to a county circuit court, and Foster’s appeal to the Hancock County Circuit Court in this instance may have been along those jurisdictional lines. On 20 May 1844, Foster’s attorneys submitted a motion to the circuit court to reverse the judgment of an unnamed lower court “for want of prosecution.” The circuit court sustained the motion, dismissing the 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.
 
City of Nauvoo v. R. D. Foster–B, Nauvoo, Hancock Co., Illinois, Mayor’s Court

1844 (2)

April (2)

26 April 1844

Willard Richards, Complaint, before JS, Nauvoo, Hancock Co., IL

26 April 1844

JS as Mayor, Warrant, to Nauvoo City Marshal, for Robert D. Foster, Nauvoo, Hancock Co., IL

 
City of Nauvoo v. R. D. Foster–C, Nauvoo, Hancock Co., Illinois, Mayor’s Court

1844 (2)

May (2)

Ca. 4 May 1844

Jonas Killmer, Complaint, before JS, Nauvoo, Hancock Co., IL

9 May 1844

JS as Mayor, Warrant, to Nauvoo City Marshal, for Robert D. Foster, Nauvoo, Hancock Co., IL

  • 9 May 1844. Not extant.
  • Ca. 9 May 1844; JS Office Papers, CHL; handwriting of George Stiles.
 
State of Illinois v. R. D. Foster, Hancock Co., Illinois, Circuit Court

1844 (1)

May (1)

20 May 1844

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

  • 20 May 1844; Hancock County Circuit Court Record, vol. D, p. [71], Hancock County Courthouse, Carthage, IL; microfilm at FHL; handwriting of David E. Head.
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Editorial Title
Introduction to City of Nauvoo v. R. D. Foster–B, City of Nauvoo v. R. D. Foster–C, and State of Illinois v. R. D. Foster
ID #
19993
Total Pages
1
Print Volume Location
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    Footnotes

    1. [1]

      JS, Journal, 24 Mar. and 13 Apr. 1844; Quorum of the Twelve Apostles, Minutes, 18 Apr. 1844.

      Quorum of the Twelve Apostles. Minutes, 1840–1844. CHL.

    2. [2]

      See, for example, Introduction to City of Nauvoo v. C. L. Higbee et al.; Introduction to State of Illinois v. Finch, State of Illinois v. Finch on Habeas Corpus, and Davis v. JS et al.; and Introduction to City of Nauvoo v. F. M. Higbee, F. M. Higbee v. JS–A, F. M. Higbee v. JS–A on Habeas Corpus, and F. M. Higbee v. JS–B.

    3. [3]

      JS, Journal, 26 Apr. 1844; Introduction to City of Nauvoo v. C. L. Higbee et al.

    4. [4]

      JS, Journal, 26 Apr. 1844; Richards, Journal, 26–27 Apr. 1844; Ordinances, 30 Jan. 1843. Illinois state law defined slander as a civil rather than a criminal offense. Nevertheless, in 1842, contemporaneous records referred to a handful of criminal prosecutions in Nauvoo’s courts as slander cases, although the cases were actually prosecuted under the city ordinances governing disorderly persons. Presumably the same occurred with Richards’s April 1844 complaint against Foster. (An Act Declaring Certain Words Actionable [27 Dec. 1822], Public and General Statute Laws of the State of Illinois [1839], p. 660, sec. 1; JS, Journal, 29–30 Nov. 1842; Introduction to City of Nauvoo v. Davis for Slander of JS–B and City of Nauvoo v. Davis for Slander of JS–C.)

      Richards, Willard. Journals, 1836–1853. Willard Richards, Papers, 1821–1854. CHL. MS 1490, boxes 1–2.

      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.

    5. [5]

      JS, Journal, 27 Apr. 1844.

    6. [6]

      The Nauvoo city charter made aldermen “conservators of the peace,” with “all the powers of Justices of the Peace” over “civil and criminal cases arising under the laws of the State” or under the ordinances of Nauvoo. In December 1842, JS had similarly transferred a case to Marks after the defendant, Amos Davis, swore in an affidavit that JS was prejudiced against him and could not render an impartial judgment. Given Foster’s attacks on JS the previous session, JS may have transferred Foster’s case for similar reasons. Richards noted in JS’s journal that during the trial, city attorney George Stiles was assisted by an “Esqr Noble— from Rock River” and attorney Shepherd Patrick of Dixon, Illinois. (Act to Incorporate the City of Nauvoo, 16 Dec. 1840; Introduction to City of Nauvoo v. Davis for Slander of Miles; JS, Journal, 29 Apr. 1844; see also “Joseph Smith as a Judge.”)

    7. [7]

      JS, Journal, 29 Apr. 1844; Richards, Journal, 29 Apr. 1844. In his journal, Thomas Bullock noted he attended the trial, but failed to record the outcome. (Historian’s Office, Journal, 29 Apr. 1844, 1:11.)

      Richards, Willard. Journals, 1836–1853. Willard Richards, Papers, 1821–1854. CHL. MS 1490, boxes 1–2.

      Historian’s Office. Journal, 1844–1997. CHL. CR 100 1.

    8. [8]

      Warrant for Arrest of Robert D. Foster, 9 May 1844 [City of Nauvoo v. R. D. Foster–C]; “Members Names Who Came into the City since 1841,” [10].

      “Members Names Who Came into the City since 1841, and Those Baptized in the City,” ca. 1841–ca. 1846. In Far West and Nauvoo Elders’ Certificates, 1827–1838, 1840–1846, 1862. CHL. CR 100 402.

    9. [9]

      Warrant for Arrest of Robert D. Foster, 9 May 1844 [City of Nauvoo v. R. D. Foster–C]; Ordinances, 30 Jan. 1843; An Act relative to Criminal Jurisprudence, [26 Feb. 1833], Public and General Statute Laws of the State of Illinois (1839), p. 206, sec. 53. This matches a general trend in Nauvoo of duplicating state statutes as city ordinances and prosecuting individuals for violating the ordinances rather than the statutes. (See, for example, Introduction to City of Nauvoo v. Davis for Assault; and “Joseph Smith as a Judge.”)

      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.

    10. [10]

      For example, the case arising from Willard Richards’s complaint was documented in Richards’s personal journal, the journal he kept for JS, and Thomas Bullock’s diary. Similarly, the day following the drafting of the warrant, a Nauvoo Legion court-martial tried Foster for “ungentlemanly and unofficer like observations” about JS and others. Richards noted the court-martial in his personal journal as well as the journal he kept for JS. Bullock similarly noted his attendance at the court-martial. Minutes of the court-martial do not include any reference to the assault charge, nor did Richards or Bullock mention the assault allegation in their journals. (Aaron Johnson, Complaint, Nauvoo, IL, 2 May 1844; Court Martial Proceedings, Nauvoo, IL, 10 May 1844, Nauvoo Legion Records, CHL; Richards, Journal, 26, 27, and 29 Apr. 1844; 10 May 1844; JS, Journal, 26, 27, and 29 Apr. 1844; 10 May 1844; Historian’s Office, Journal, 29 Apr. and 10 May 1844, 1:11–12.)

      Nauvoo Legion Records, 1841–1845. CHL. MS 3430.

      Richards, Willard. Journals, 1836–1853. Willard Richards, Papers, 1821–1854. CHL. MS 1490, boxes 1–2.

      Historian’s Office. Journal, 1844–1997. CHL. CR 100 1.

    11. [11]

      JS, Journal, 29 Apr. 1844. Foster may have objected to the jurisdiction because according to Illinois law, slander suits could only be brought in circuit courts as a civil action. (An Act Declaring Certain Words Actionable [27 Dec. 1822], Public and General Statute Laws of the State of Illinois [1839], p. 660, sec. 1; Robinson v. Harlan, 1 Scammon 238 [Ill. Sup. Ct. 1835]; see also Introduction to State of Illinois v. C. L. Higbee.)

      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.

      Scammon / Scammon, J. Young. Reports of Cases Argued and Determined in the Supreme Court of the State of Illinois. 4 vols. St. Louis: W. J. Gilbert, 1869–1870.

    12. [12]

      An Act relative to Criminal Jurisprudence, [26 Feb. 1833], Public and General Statute Laws of the State of Illinois (1839), p. 206, sec. 53. In 1842, JS had similarly tried Amos Davis for assault under a city ordinance rather than the state statute. In that instance, Davis likewise appealed directly to the Hancock County Circuit Court rather than to the municipal court. (See Introduction to City of Nauvoo v. Davis for Assault.)

      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.

    13. [13]

      Docket Entry, Dismissal, 20 May 1844 [State of Illinois v. R. D. Foster].

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