Affidavit, 2 January 1843, William Clayton Copy [Extradition of JS for Accessory to Assault]

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Introduction to Extradition of JS for Accessory to Assault Proclamation, 11 May 1842 [Extradition of JS for Accessory to Assault] Lilburn W. Boggs, Affidavit, 20 July 1842 [Extradition of JS for Accessory to Assault] Lilburn W. Boggs, Affidavit, 20 July 1842, Lyman Trumbull Copy [Extradition of JS for Accessory to Assault] Lilburn W. Boggs, Affidavit, 20 July 1842, William Clayton Copy [Extradition of JS for Accessory to Assault] Thomas Reynolds, Requisition, 22 July 1842 [Extradition of JS for Accessory to Assault] Thomas Reynolds, Requisition, 22 July 1842, Lyman Trumbull Copy [Extradition of JS for Accessory to Assault] Thomas Reynolds, Requisition, 22 July 1842, William Clayton Copy [Extradition of JS for Accessory to Assault] Memorandum of Proclamation, 19 September 1842 [Extradition of JS for Accessory to Assault] Warrant, 2 August 1842, Sylvester Emmons and William Clayton Copy [Extradition of JS for Accessory to Assault] Warrant, 2 August 1842, James Sloan Copy [Extradition of JS for Accessory to Assault] Thomas Carlin, Proclamation, 20 September 1842, as Published in Illinois Register [Extradition of JS for Accessory to Assault] Thomas Carlin, Proclamation, 20 September 1842, William Clayton First Copy [Extradition of JS for Accessory to Assault] Thomas Carlin, Proclamation, 20 September 1842, William Clayton Second Copy [Extradition of JS for Accessory to Assault] Petition to Thomas Ford, 31 December 1842 [Extradition of JS for Accessory to Assault] Petition to Thomas Ford, 31 December 1842, Lyman Trumbull Copy [Extradition of JS for Accessory to Assault] Warrant, 31 December 1842 [Extradition of JS for Accessory to Assault] Warrant, 31 December 1842, William Clayton Copy [Extradition of JS for Accessory to Assault] Petition to Nauvoo Municipal Court, 8 August 1842 [Extradition of JS for Accessory to Assault] Habeas Corpus, 8 August 1842 [Extradition of JS for Accessory to Assault] Habeas Corpus, 8 August 1842, Copy [Extradition of JS for Accessory to Assault] Docket Entry, circa 8 August 1842 [Extradition of JS for Accessory to Assault] Habeas Corpus, 10 August 1842 [Extradition of JS for Accessory to Assault] Habeas Corpus, 10 August 1842, Copy [Extradition of JS for Accessory to Assault] Petition to Chauncey Robison, 26 December 1842, Draft [Extradition of JS for Accessory to Assault] Petition to Chauncey Robison, 26 December 1842 [Extradition of JS for Accessory to Assault] Petition to the United States Circuit Court for the District of Illinois, 31 December 1842, Willard Richards Copy [Extradition of JS for Accessory to Assault] Petition to the United States Circuit Court for the District of Illinois, 31 December 1842, William Clayton Copy [Extradition of JS for Accessory to Assault] Docket Entry, Petition and Order for Habeas Corpus, 31 December 1842 [Extradition of JS for Accessory to Assault] Habeas Corpus, 31 December 1842, Willard Richards Copy [Extradition of JS for Accessory to Assault] Habeas Corpus, 31 December 1842, William Clayton Copy [Extradition of JS for Accessory to Assault] Docket Entry, Return of Habeas Corpus, Bond, and Order, 31 December 1842 [Extradition of JS for Accessory to Assault] Order, 31 December 1842 [Extradition of JS for Accessory to Assault] Order, 31 December 1842, Copy [Extradition of JS for Accessory to Assault] Affidavit, 2 January 1843, William Clayton Copy [Extradition of JS for Accessory to Assault] Docket Entry, Affidavit, Motion, and Continuance, 2 January 1843 [Extradition of JS for Accessory to Assault] Motion, circa 3 January 1843 [Extradition of JS for Accessory to Assault] Docket Entry, Motion, 4 January 1843 [Extradition of JS for Accessory to Assault] Wilson Law and Others, Affidavit, 4 January 1843, Willard Richards Copy [Extradition of JS for Accessory to Assault] Jacob B. Backenstos and Stephen A. Douglas, Affidavit, 4 January 1843 [Extradition of JS for Accessory to Assault] Docket Entry, Motion Overruled and Discharge, 5 January 1843 [Extradition of JS for Accessory to Assault] Trial Report, 5–19 January 1843, as Published in the Sangamo Journal [Extradition of JS for Accessory to Assault] Trial Report, 5–19 January 1843, as Published in Reports [Extradition of JS for Accessory to Assault] Thomas Ford, Order, 6 January 1843 [Extradition of JS for Accessory to Assault] Transcript of Proceedings, 6 January 1843 [Extradition of JS for Accessory to Assault]
Affidavit, 2 January 1843, William Clayton Copy [Extradition of JS for Accessory to Assault]
Source Note

JS, Affidavit, before
James Owings
ca. 1810–by 10 July 1849. Court clerk. Born in Baltimore. Son of John Aloysius Owings and Margaret McAlister. Served in Black Hawk War, 1832. Married Josephine Lalumiere, 31 Oct. 1836, in Randolph Co., Illinois. Served as U.S. circuit court clerk, in Vandalia...
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, [
Springfield
Settled by 1819. Incorporated as town, 1832. Became capital of Illinois, 1837. Incorporated as city, 1840. Sangamon Co. seat. Population in 1840 about 2,600. Stake of Church of Jesus Christ of Latter-day Saints organized in Springfield, Nov. 1840; discontinued...
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, Sangamon Co., IL], 2 Jan. 1843, Extradition of JS for Accessory to Assault (United States Circuit Court for the District of IL 1843). Featured version copied [6 Jan. 1843] in Transcript of Proceedings, [19]–[20]; handwriting of
William Clayton
17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charnock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into Church of Jesus Christ of Latter-day Saints by Heber...
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; one page; JS Collection, CHL. Includes notations.

Single leaf, measuring 12⅜ × 7⅞ inches (31 × 20 cm) and ruled with thirty-nine horizontal printed lines. The document was folded twice horizontally. This leaf has the same dimensions as the leaves on which fourteen other documents related to JS’s second extradition hearing were copied; small holes at the top of the leaf indicate where it was attached to the other copies.
1
The collection of copies contains a prefatory note, bearing the remnants of a wax seal, that United States circuit court clerk James F. Owings wrote certifying the validity of the copies. (See the documents relating to JS’s second extradition hearing in JS Collection, CHL, several of which are featured in Missouri Extradition Attempt, 1842–1843, Selected Documents.)

On 6 January 1843,
William Clayton
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made this copy of the document for JS in the presence of
United States
North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...
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circuit court clerk
James F. Owings
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.
2
James F. Owings, Notation, 6 Jan. 1843, JS Collection, CHL; Clayton, Journal, 6 Jan. 1843.
Comprehensive Works Cited
Smith, Joseph. Collection, 1827–1846. CHL. MS 155.
Clayton, William. Journals, 1842–1845. CHL.
Sometime afterward,
Willard Richards
24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...
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affixed a torn page, measuring 3¾ × 8 inches (10 × 20 cm), to the document with two red adhesive wafers. The affixed page contains an introductory statement for the affidavit composed sometime after Clayton made the official copy. A circa 1904 Church Historian’s Office (later Church Historical Department) inventory lists “Joseph smith before the distric court,” likely referring to the assembled copies of second extradition documents.
3
“Index to Papers in the Historians Office,” ca. 1904, draft, 7, Historian’s Office, Catalogs and Inventories, 1846–1904, CHL.
Historian’s Office. Catalogs and Inventories, 1846–1904. CHL. CR 100 130.
By 1973 the document had been included in the JS Collection at the Church Historical Department (now CHL).
4
See the full bibliographic entry for JS Collection, 1827–1844, in the CHL catalog.
Its likely inclusion in the circa 1904 inventory and its inclusion in the JS Collection by 1973 suggest continuous institutional custody.
Footnotes
[1]
The collection of copies contains a prefatory note, bearing the remnants of a wax seal, that United States circuit court clerk James F. Owings wrote certifying the validity of the copies. (See the documents relating to JS’s second extradition hearing in JS Collection, CHL, several of which are featured in Missouri Extradition Attempt, 1842–1843, Selected Documents.)
[2]
James F. Owings, Notation, 6 Jan. 1843, JS Collection, CHL; Clayton, Journal, 6 Jan. 1843.
Smith, Joseph. Collection, 1827–1846. CHL. MS 155.
[3]
“Index to Papers in the Historians Office,” ca. 1904, draft, 7, Historian’s Office, Catalogs and Inventories, 1846–1904, CHL.
Historian’s Office. Catalogs and Inventories, 1846–1904. CHL. CR 100 130.
[4]
See the full bibliographic entry for JS Collection, 1827–1844, in the CHL catalog.
Historical Introduction
On 2 January 1843, JS swore an affidavit before the
United States
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Circuit Court for the District of
Illinois
Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...
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testifying of his whereabouts at the time of the attempted assassination of former
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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governor
Lilburn W. Boggs
14 Dec. 1796–14 Mar. 1860. Bookkeeper, bank cashier, merchant, Indian agent and trader, lawyer, doctor, postmaster, politician. Born at Lexington, Fayette Co., Kentucky. Son of John M. Boggs and Martha Oliver. Served in War of 1812. Moved to St. Louis, ca...
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. Having petitioned for a writ of
habeas corpus
“Have the body”; a written order from a court of competent jurisdiction commanding anyone having a person in custody to produce such person at a certain time and place and to state the reasons why he or she is being held in custody. The court will determine...
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on 31 December 1842, JS appeared before the court and asserted that Missouri’s extradition requisition was illegal.
1
Petition to the United States Circuit Court for the District of Illinois, 31 Dec. 1842.
JS’s legal counsel in the hearing,
Justin Butterfield
1790–Oct. 1855. Teacher, lawyer. Born in Keene, Cheshire Co., New Hampshire. Moved to Watertown, Jefferson Co., New York, ca. 1810, where he taught school and studied law. Admitted to bar, 1812, at Watertown. Practiced law in Adams, Jefferson Co., and Sackets...
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, argued that in extradition cases, the United States Constitution allowed extradition only when the requisitioning state accused the defendant of committing a crime in that state.
2
U.S. Constitution, art. 4, sec. 2, clause 2; Court Ruling, 5 Jan. 1843.
He contended that because JS had not been in Missouri at the time of the 6 May 1842 assassination attempt or for three years prior to that event, Missouri could not charge him with a crime and demand his extradition. On this basis, Butterfield argued that “the U. S. Court was the only tribunal which had jurisdiction in the case,” rejecting the assertion of Illinois state attorney general
Josiah Lamborn
31 Jan. 1809–31 Mar. 1847. Lawyer. Born in Chester Co., Pennsylvania. Son of Samuel Lamborn and Mary McGinnis. Moved to Cincinnati, Hamilton Co., Ohio, 1811; to Washington Co., Kentucky; to Springfield, Sangamon Co., Illinois, 1832; and to Jacksonville, Morgan...
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that the circuit court “had no right to try the case.”
3
Clayton, Journal, 4 Jan. 1843.
The following affidavit, which JS swore before circuit court clerk
James F. Owings
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, provided Butterfield with evidence for the argument that JS had not been in Missouri at the time of the attempted assassination. During the 2–5 January 1843 hearing, Butterfield presented the information in the affidavit before federal judge
Nathaniel Pope
5 Jan. 1784–22 Jan. 1850. Lawyer, judge. Born at present-day Louisville, Jefferson Co., Kentucky. Son of William Pope and Penelope Edwards. Graduated from Transylvania University, 1806, at Lexington, Fayette Co., Kentucky. Moved to St. Genevieve, St. Genevieve...
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.
4
JS, Journal, 2 Jan. 1843; Court Ruling, 5 Jan. 1843.

The original affidavit is not extant. On 6 January 1843,
William Clayton
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created an official copy of the affidavit in cooperation with
Owings
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, who certified that it was “a true and correct copy of the record.”
5
James F. Owings, Notation, 6 Jan. 1843, JS Collection, CHL.

Willard Richards
24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...
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later made another copy based on Clayton’s copy.
6
JS, Affidavit, 2 Jan. 1843, JS Office Papers, CHL.
Clayton’s version is featured here.

See also Introduction to Extradition of JS for Accessory to Assault and Appendix 1: Missouri Extradition Attempt, 1842–1843, Selected Documents, Introduction.
Footnotes
[1]
Petition to the United States Circuit Court for the District of Illinois, 31 Dec. 1842.
[2]
U.S. Constitution, art. 4, sec. 2, clause 2; Court Ruling, 5 Jan. 1843.
[3]
Clayton, Journal, 4 Jan. 1843.
[4]
JS, Journal, 2 Jan. 1843; Court Ruling, 5 Jan. 1843.
[5]
James F. Owings, Notation, 6 Jan. 1843, JS Collection, CHL.
[6]
JS, Affidavit, 2 Jan. 1843, JS Office Papers, CHL.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Transcript of Proceedings, 6 January 1843 [ Extradition of JS for Accessory to Assault ] *Affidavit, 2 January 1843, William Clayton Copy [ Extradition of JS for Accessory to Assault ] Affidavit, 2 January 1843, Willard Richards Copy [ Extradition of JS for Accessory to Assault ] History, 1838–1856, volume D-1 [1 August 1842–1 July 1843] “History of Joseph Smith”
Page [19]
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Circuit Court of the
United States
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District of
Illinois
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In the matter)

of)

Joseph Smith upon
Habeas
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)

Corpus
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)

Joseph Smith being brought up on Habeas Corpus before this Court comes and denies the matter set forth in the return at to the same in this, that he is not a fugitive from the justice of the State of
Missouri
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; but alleages and is ready to prove that he was not in the State of
Missouri
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at the time of the Commission of the alledged crime set forth in the affidavit of
L[ilburn] W. Boggs
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,
1
Lilburn W. Boggs, Affidavit, 20 July 1842.
nor had he been in said
State
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for more than three years previous to that time, nor has he been in that
State
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since that time—
2
During the night of 16 April 1839, while traveling to Boone County, Missouri, for trial on charges related to the conflict between the Latter-day Saints and other Missourians in 1838, JS escaped the custody of Missouri officials, likely with the cooperation of those guarding him. He then fled to Illinois and had not returned to Missouri since that time. (Promissory Note to John Brassfield, 16 Apr. 1839.)
but on the contrary at the time the said alledged assault was made upon the said
Boggs
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as set forth in said affidavit the said Smith was at
Nauovo
Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....
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in the County of
Hancock
Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...
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in the State of
Illinois
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,
3
Various witnesses swore affidavits testifying that JS was in Nauvoo, Illinois, reviewing a drill of the Nauvoo Legion at the time of the alleged assault on Boggs. His journal corroborated that testimony. (JS, Journal, 2 Jan. 1843; Wilson Law and Others, Affidavit, 4 Jan. 1843; Jacob B. Backenstos and Stephen A. Douglas, Affidavit, 4 Jan. 1843; JS, Journal, 6 May 1842.)
and that he has not fled from the justice of the State of
Missouri
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and taken refuge in the State of
Illinois
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, as is most untruly stated in the warrant upon which he is arrested,
4
Although JS escaped the custody of Missouri officials on 16 April 1839, his escape was not related to the assault on Boggs, which occurred more than three years later. The extradition requisition related only to charges for the assassination attempt, not to any of the earlier charges against JS. The original arrest warrant was in the custody of Adams County, Illinois, undersheriff Thomas King. The Nauvoo Municipal Court’s copy dates the original to 2 August 1842. (Promissory Note to John Brassfield, 16 Apr. 1839; Thomas Carlin, Warrant, 2 Aug. 1842, Ex Parte JS for Accessory to Boggs Assault [C.C.D. Ill. 1843], copy, Nauvoo, IL, Records, CHL.)
and that the matter set forth in the requisition of the
Governor
12 Mar. 1796–9 Feb. 1844. Attorney, politician, judge. Born at Mason Co. (later Bracken Co.), Kentucky. Son of Nathaniel Reynolds and Catherine Vernon. Admitted to Kentucky bar, 1817. Moved to Illinois, by 1818. Served as clerk of Illinois House of Representatives...
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of
Missouri
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5
Thomas Reynolds, Requisition, 22 July 1842.
and in the said Warrant are not supported by oath
6
The fourth amendment to the United States Constitution stipulates that all warrants must be “supported by oath or affirmation.” (U.S. Constitution, amend. IV, sec. 1.)

Joseph Smith

State of
Illinois
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Ss.
7
“Ss.” is a legal abbreviation for scilicet, a Latin adverb meaning “that is to say, to wit, viz.” (“Scilicet,” in Jones, Introduction to Legal Science, appendix, 28.)
Jones, Silas. An Introduction to Legal Science: Being a Concise and Familiar Treatise . . . to Which Is Appended a Concise Dictionary of Law Terms and Phrases. New York: John S. Voorhies, 1842.
[scilicet] Joseph Smith being duly sworn saith that the matter and things set forth in the foregoing statement are true.

Joseph Smith

Sworn and subscribed to before me this 2nd. day of Jany 1843

James F. Owings
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Source Note
Document Transcript
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Document Information
Footnotes
[1]
Lilburn W. Boggs, Affidavit, 20 July 1842.
[2]
During the night of 16 April 1839, while traveling to Boone County, Missouri, for trial on charges related to the conflict between the Latter-day Saints and other Missourians in 1838, JS escaped the custody of Missouri officials, likely with the cooperation of those guarding him. He then fled to Illinois and had not returned to Missouri since that time. (Promissory Note to John Brassfield, 16 Apr. 1839.)
[3]
Various witnesses swore affidavits testifying that JS was in Nauvoo, Illinois, reviewing a drill of the Nauvoo Legion at the time of the alleged assault on Boggs. His journal corroborated that testimony. (JS, Journal, 2 Jan. 1843; Wilson Law and Others, Affidavit, 4 Jan. 1843; Jacob B. Backenstos and Stephen A. Douglas, Affidavit, 4 Jan. 1843; JS, Journal, 6 May 1842.)
[4]
Although JS escaped the custody of Missouri officials on 16 April 1839, his escape was not related to the assault on Boggs, which occurred more than three years later. The extradition requisition related only to charges for the assassination attempt, not to any of the earlier charges against JS. The original arrest warrant was in the custody of Adams County, Illinois, undersheriff Thomas King. The Nauvoo Municipal Court’s copy dates the original to 2 August 1842. (Promissory Note to John Brassfield, 16 Apr. 1839; Thomas Carlin, Warrant, 2 Aug. 1842, Ex Parte JS for Accessory to Boggs Assault [C.C.D. Ill. 1843], copy, Nauvoo, IL, Records, CHL.)
[5]
Thomas Reynolds, Requisition, 22 July 1842.
[6]
The fourth amendment to the United States Constitution stipulates that all warrants must be “supported by oath or affirmation.” (U.S. Constitution, amend. IV, sec. 1.)
[7]
“Ss.” is a legal abbreviation for scilicet, a Latin adverb meaning “that is to say, to wit, viz.” (“Scilicet,” in Jones, Introduction to Legal Science, appendix, 28.)
Jones, Silas. An Introduction to Legal Science: Being a Concise and Familiar Treatise . . . to Which Is Appended a Concise Dictionary of Law Terms and Phrases. New York: John S. Voorhies, 1842.