Appendix: Missouri Extradition Attempt, 1842–1843, Selected Documents

  • Source Note
  • Historical Introduction
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6. Joseph Smith, Petition for Writ of Habeas Corpus, 31 December 1842

Editorial Note
JS, Petition to the Circuit Court for the District of , , IL, 31 Dec. 1842; reference copy; handwriting of ; two pages; JS Collection, CHL.

To the Honorable the Circuit Court of the for the District of
The petition of Joseph Smith respectfully sheweth that he has been arrested and is detained in custody by William F. Elkin Sheriff of upon a Warrant issued by the of the State of upon the requisition of the of as a fugitive from justice a copy of the said Warrant and the requisition and the affidavit upon which the same was issued is hereto annexed. And your petitioner is also arrested by and by him also held and detained in custody (jointly with the said Sheriff of ) upon a proclamation issued by the of the State of a copy of which proclamation is hereunto annexed.— Your Petitioner prays that a writ of Habeas Corpus may be issued by this Court directed to the said William F. Elkin and commanding them forthwith and without delay to bring your Petitioner before this Honorable Court to abide such order and direction as the said Court may make in the premises. Your Petitioner states that he is arrested and detained as aforesaid under color of a law of the and that his arrest and detention is illegal and in violation of law, and without the authority of law, in this, that your Petitioner is not a fugitive from justice nor has he fled from the State of . [p. [1]]
6. Joseph Smith, Petition for Writ of Habeas Corpus, 31 December 1842

Editorial Note
JS, Petition to the Circuit Court for the District of , , IL, 31 Dec. 1842; reference copy; handwriting of ; two pages; JS Collection, CHL.

To the Honorable the Circuit Court of the for the District of
The petition of Joseph Smith respectfully sheweth that he has been arrested and is detained in custody by William F. Elkin Sheriff of upon a Warrant issued by the of the State of upon the requisition of the of as a fugitive from justice a copy of the said Warrant and the requisition and the affidavit upon which the same was issued is hereto annexed. And your petitioner is also arrested by and by him also held and detained in custody (jointly with the said Sheriff of ) upon a proclamation issued by the of the State of a copy of which proclamation is hereunto annexed.— Your Petitioner prays that a writ of Habeas Corpus may be issued by this Court directed to the said William F. Elkin and commanding them forthwith and without delay to bring your Petitioner before this Honorable Court to abide such order and direction as the said Court may make in the premises. Your Petitioner states that he is arrested and detained as aforesaid under color of a law of the and that his arrest and detention is illegal and in violation of law, and without the authority of law, in this, that your Petitioner is not a fugitive from justice nor has he fled from the State of . [p. [1]]
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