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

  • Source Note
  • Historical Introduction
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11. Court Ruling, 5 January 1843


Editorial Note
McLean, Reports of Cases Argued and Decided in the Circuit Court of the , for the Seventh Circuit; , OH: Derby, Bradley & Co., 1847; vol. 3, pp. 121–139; includes typeset signature marks.

OF THE .
—DECEMBER TERM, 1842.
BEFORE THE HONORABLE .
The following case was decided by , the  district judge. Judge McLean does not attend the winter  term in .
Ex Parte Joseph Smith, (the Mormon Prophet,) On Habeas  Corpus.
& , counsel for Smith.
, attorney general, for the state of .
This case came before the court upon a return to a writ  of habeas corpus, which was issued by this court on the 31st  of December, 1842, upon a petition for a habeas corpus on  the relation of Joseph Smith, setting forth that he was  arrested and in custody of William F. Elkin, sheriff of  , upon a warrant issued by the  of the state of , upon a requisition of the  of the state of , demanding him to be delivered up  to the of , as a fugitive from justice; that  his arrest, as aforesaid, was under color of a law of the [p. [121]]

11. Court Ruling, 5 January 1843


Editorial Note
McLean, Reports of Cases Argued and Decided in the Circuit Court of the , for the Seventh Circuit; , OH: Derby, Bradley & Co., 1847; vol. 3, pp. 121–139; includes typeset signature marks.

OF THE .
—DECEMBER TERM, 1842.
BEFORE THE HONORABLE .
The following case was decided by , the district judge. Judge McLean does not attend the winter term in .
Ex Parte Joseph Smith, (the Mormon Prophet,) On Habeas Corpus.
& , counsel for Smith.
, attorney general, for the state of .
This case came before the court upon a return to a writ of habeas corpus, which was issued by this court on the 31st of December, 1842, upon a petition for a habeas corpus on the relation of Joseph Smith, setting forth that he was arrested and in custody of William F. Elkin, sheriff of , upon a warrant issued by the of the state of , upon a requisition of the of the state of , demanding him to be delivered up to the of , as a fugitive from justice; that his arrest, as aforesaid, was under color of a law of the [p. [121]]
Page [121]