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Introduction to State of Missouri v. Gates et al. for Treason Subpoena, 10 November 1838 [State of Missouri v. Gates et al. for Treason] Subpoena, 11 November 1838 [State of Missouri v. Gates et al. for Treason] Subpoena, 15 November 1838 [State of Missouri v. Gates et al. for Treason] Subpoena, 21 November 1838 [State of Missouri v. Gates et al. for Treason] Order of Discharge, 24 November 1838 [State of Missouri v. Gates et al. for Treason] Minutes and Testimonies, 12–29 November 1838 [State of Missouri v. Gates et al. for Treason] Ruling, 29 November 1838 [State of Missouri v. Gates et al. for Treason] Mittimus, 29 November 1838 [State of Missouri v. Gates et al. for Treason] Indictment, circa 10 April 1839 [State of Missouri v. Gates et al. for Treason] Docket Entry, Indictment, 11 April 1839 [State of Missouri v. Gates et al. for Treason] Docket Entry, Motion, 11 April 1839 [State of Missouri v. Gates et al. for Treason] Docket Entry, Removal Orders, 11 April 1839 [State of Missouri v. Gates et al. for Treason] Docket Entry, Recognizance, 11 April 1839 [State of Missouri v. Gates et al. for Treason] Order of Commitment, 11 April 1839 [State of Missouri v. Gates et al. for Treason] Docket Entry, Continuance, 14 August 1839 [State of Missouri v. Gates et al. for Treason] Docket Entry, Nolle Prosequi, 10 December 1839 [State of Missouri v. Gates et al. for Treason] Docket Entry, Costs, 15 April 1840 [State of Missouri v. Gates et al. for Treason] Docket Entry, Costs, 17 December 1840 [State of Missouri v. Gates et al. for Treason] Indictment, circa 10 April 1839, Copy [State of Missouri v. Gates et al. for Treason] Docket Entry, Indictment, 11 April 1839, Copy [State of Missouri v. Gates et al. for Treason] Docket Entry, Motion, 11 April 1839, Copy [State of Missouri v. Gates et al. for Treason] Docket Entry, Removal Orders, 11 April 1839, Copy [State of Missouri v. Gates et al. for Treason] Docket Entry, Continuance, 17 August 1839 [State of Missouri v. Gates et al. for Treason] Docket Entry, Continuance, 4 November 1839 [State of Missouri v. Gates et al. for Treason] Docket Entry, Nolle Prosequi, 5 August 1840 [State of Missouri v. Gates et al. for Treason]

Indictment, circa 10 April 1839 [State of Missouri v. Gates et al. for Treason]

Source Note

Indictment, [Honey Creek Township], Daviess Co., MO, ca. 10 Apr. 1839, State of MO v. Gates et al. for Treason (Daviess Co., MO, Circuit Court 1839); handwriting of
James A. Clark

22 Feb. 1805–12 Dec. 1882. Lawyer, judge. Born in Estill Co., Kentucky. Son of Bennet Clark and Martha. Moved to Howard Co., Missouri, 1817. Trained as a lawyer under Peyton R. Hayden, 1825–1827; passed Missouri bar, 1827. Active in local politics, 1828. ...

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; docket and notations by
James A. Clark

22 Feb. 1805–12 Dec. 1882. Lawyer, judge. Born in Estill Co., Kentucky. Son of Bennet Clark and Martha. Moved to Howard Co., Missouri, 1817. Trained as a lawyer under Peyton R. Hayden, 1825–1827; passed Missouri bar, 1827. Active in local politics, 1828. ...

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with probable signature of Robert P. Peniston Sr., [Honey Creek Township, Daviess Co., MO], [ca. 10 Apr. 1839]; eleven pages; partial manuscript in Historical Department, Nineteenth-Century Legal Documents Collection, CHL. Complete photocopy in Max H. Parkin, Collected Missouri Court Documents, CHL.

Historical Introduction

See Introduction to State of Missouri v. Gates et al. for Treason.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Indictment, circa 10 April 1839 [ State of Missouri v. Gates et al. for Treason ] Indictment, circa 10 April 1839, Copy [ State of Missouri v. Gates et al. for Treason ]

Page 1[b]

State of Missouri)
County of
Daviess

Area in northwest Missouri settled by European Americans, 1830. Sparsely inhabited until 1838. Created from Ray Co., Dec. 1836, in attempt to resolve conflicts related to Latter-day Saint settlement in that region. County is transected diagonally from northwest...

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)
In
Daviess

Area in northwest Missouri settled by European Americans, 1830. Sparsely inhabited until 1838. Created from Ray Co., Dec. 1836, in attempt to resolve conflicts related to Latter-day Saint settlement in that region. County is transected diagonally from northwest...

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Circuit Court
April. Term 1839—
Daviess County

Area in northwest Missouri settled by European Americans, 1830. Sparsely inhabited until 1838. Created from Ray Co., Dec. 1836, in attempt to resolve conflicts related to Latter-day Saint settlement in that region. County is transected diagonally from northwest...

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— to wit,
The Grand Jurors for 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. Latter-day Saint ...

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for the body of the County of
Daviess

Area in northwest Missouri settled by European Americans, 1830. Sparsely inhabited until 1838. Created from Ray Co., Dec. 1836, in attempt to resolve conflicts related to Latter-day Saint settlement in that region. County is transected diagonally from northwest...

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upon their oaths present.
[blank] late of the County of [blank] being citizens of our said
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. Latter-day Saint ...

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not having the fear of God in their hearts nor weighing their allegiance, but being moved and seduced by the instigation of the devil as false traitors against our said
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. Latter-day Saint ...

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the laws of our said
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. Latter-day Saint ...

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and wholy withdrawing the Cordial love and true and due obedience which every true and faithful Citizens of our said
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. Latter-day Saint ...

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should and of right ought to bear towards the laws of our said
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. Latter-day Saint ...

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and Contriving and with all their strength intending traitorously to break and disturb the peace and common tranquility of this 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. Latter-day Saint ...

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and to stir and move, and excite insurrection rebellion and war against our said
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. Latter-day Saint ...

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within this
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. Latter-day Saint ...

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and to subvert and alter the legeslature, rule, and goverment, now duly and happily established in this
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. Latter-day Saint ...

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on the first day [blank] day of [blank] in the year of our Lord eighteen hundred <​1838​> and thirty eight and on divers other days and times as well before as after the at the County of
Davies

Area in northwest Missouri settled by European Americans, 1830. Sparsely inhabited until 1838. Created from Ray Co., Dec. 1836, in attempt to resolve conflicts related to Latter-day Saint settlement in that region. County is transected diagonally from northwest...

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aforesaid, maliciously, with force and arms and of their malice aforethought did amongst themselves and together with divers other false traitors whose names are to the said Jurors unknown, conspire Compass, imagine, and intend to stir up, move, and excite insurrection, rebellion, and war against our said
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. Latter-day Saint ...

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within this 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. Latter-day Saint ...

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to subvert and alter the legislature, rule, and goverment now duly and happily established within this
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. Latter-day Saint ...

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, And to fulfill, perfect, and bring to effect their evil most evil and wicked treason and treasonable compassings [p. 1[b]]
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Related Case Documents
Editorial Title
Indictment, circa 10 April 1839 [State of Missouri v. Gates et al. for Treason]
ID #
4718
Total Pages
11
Print Volume Location
Handwriting on This Page
  • James A. Clark

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