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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.
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.
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.
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.”)
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.
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.
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.
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.
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.
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.
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