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Clayton, Journal, 2–3 Feb. 1843.
Clayton, William. Journals, 1842–1845. CHL.
Clayton, Journal, 4 Feb. 1843; for more on habeas corpus, see “The Nauvoo Municipal Court and the Writ of Habeas Corpus.”
Clayton, William. Journals, 1842–1845. CHL.
Habeas 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].
Clayton, 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; “The 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.
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