Affidavit, 2 January 1843, William Clayton Copy [Extradition of JS for Accessory to Assault]
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Source Note
JS, Affidavit, before , [, 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 ; 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.On 6 January 1843, made this copy of the document for JS in the presence of circuit court clerk . Sometime afterward, 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. By 1973 the document had been included in the JS Collection at the Church Historical Department (now CHL). Its likely inclusion in the circa 1904 inventory and its inclusion in the JS Collection by 1973 suggest continuous institutional custody.
Footnotes
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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.)
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2
James F. Owings, Notation, 6 Jan. 1843, JS Collection, CHL; Clayton, Journal, 6 Jan. 1843.
Smith, Joseph. Collection, 1827–1846. CHL. MS 155.
Clayton, William. Journals, 1842–1845. CHL.
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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.
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4
See the full bibliographic entry for JS Collection, 1827–1844, in the CHL catalog.
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Historical Introduction
On 2 January 1843, JS swore an affidavit before the Circuit Court for the District of testifying of his whereabouts at the time of the attempted assassination of former governor . Having petitioned for a writ of on 31 December 1842, JS appeared before the court and asserted that Missouri’s extradition requisition was illegal. JS’s legal counsel in the hearing, , 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. 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 that the circuit court “had no right to try the case.” The following affidavit, which JS swore before circuit court clerk , 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 .The original affidavit is not extant. On 6 January 1843, created an official copy of the affidavit in cooperation with , who certified that it was “a true and correct copy of the record.” later made another copy based on Clayton’s copy. 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
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1
Petition to the United States Circuit Court for the District of Illinois, 31 Dec. 1842.
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2
U.S. Constitution, art. 4, sec. 2, clause 2; Court Ruling, 5 Jan. 1843.
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3
Clayton, Journal, 4 Jan. 1843.
Clayton, William. Journals, 1842–1845. CHL.
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