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

  • Source Note
  • Historical Introduction
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, and was without the authority of law in  this, that he was not a fugitive from justice, nor had he fled  from the state of .
Afterwards, on the same day, the sheriff of returned upon the said habeas corpus, that he detained  the said Joseph Smith in custody, by virtue of a warrant  issued by the of the state of , upon the  requisition of the of the state of , made  on the affidavit of . Copies of the said  affidavit, requisition and warrant were annexed to the said  return in the words and figures following:
“State of Missouri, ) ss.
County of , )
This day personally appeared before me, , a justice of the peace within and for the county of  , the subscriber, , who, being duly  sworn, doth depose and say, that on the night of the 6th  day of May, 1842, while sitting in his dwelling in the town  of , in the county of Jackson, he was shot  with intent to kill, and that his life was despaired of for  several days; and that he believes, and has good reason to  believe, from evidence and information now in his posses sion, that Joseph Smith, commonly called the Mormon  Prophet, was accessory before the fact of the intended  murder; and that the said Joseph Smith is a citizen or  resident of the state of ; and the said deponent  hereby applies to the of the state of to  make a demand on the of the state of , to  deliver the said Joseph Smith, commonly called the Mormon  Prophet, to some person authorised to receive and convey  him to the state and aforesaid, there to be dealt  with according to law.
.
Sworn to and subscribed before me, this 20th day of  July, 1842.
, J. P.” [p. 122]
, and was without the authority of law in this, that he was not a fugitive from justice, nor had he fled from the state of .
Afterwards, on the same day, the sheriff of returned upon the said habeas corpus, that he detained the said Joseph Smith in custody, by virtue of a warrant issued by the of the state of , upon the requisition of the of the state of , made on the affidavit of . Copies of the said affidavit, requisition and warrant were annexed to the said return in the words and figures following:
“State of Missouri, ) ss.
County of , )
This day personally appeared before me, , a justice of the peace within and for the county of , the subscriber, , who, being duly sworn, doth depose and say, that on the night of the 6th day of May, 1842, while sitting in his dwelling in the town of , in the county of Jackson, he was shot with intent to kill, and that his life was despaired of for several days; and that he believes, and has good reason to believe, from evidence and information now in his possession, that Joseph Smith, commonly called the Mormon Prophet, was accessory before the fact of the intended murder; and that the said Joseph Smith is a citizen or resident of the state of ; and the said deponent hereby applies to the of the state of to make a demand on the of the state of , to deliver the said Joseph Smith, commonly called the Mormon Prophet, to some person authorised to receive and convey him to the state and aforesaid, there to be dealt with according to law.
.
Sworn to and subscribed before me, this 20th day of July, 1842.
, J. P.” [p. 122]
Page 122