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Introduction to Extradition of JS for Treason Indictment, circa 5 June 1843 [Extradition of JS for Treason] Docket Entry, Indictment, 6 June 1843 [Extradition of JS for Treason] Power of Attorney, 13 June 1843, Unidentified Scribe Copy–A [Extradition of JS for Treason] Power of Attorney, 13 June 1843, Unidentified Scribe Copy–B [Extradition of JS for Treason] Warrant, 17 June 1843, Unidentified Scribe Copy–A [Extradition of JS for Treason] Warrant, 17 June 1843, Unidentified Scribe Copy–B [Extradition of JS for Treason] Account, circa 23–circa 30 June 1843 [Extradition of JS for Treason] Petition to Nauvoo Municipal Court, 30 June 1843 [Extradition of JS for Treason] Habeas Corpus, 30 June 1843 [Extradition of JS for Treason] Habeas Corpus, 30 June 1843, Copy [Extradition of JS for Treason] Minutes, 30 June–1 July 1843, Edward Southwick Draft [Extradition of JS for Treason] Minutes, 30 June 1843–1 July 1843, James Sloan and William W. Phelps Draft [Extradition of JS for Treason] Hyrum Smith, Testimony, 1 July 1843 [Extradition of JS for Treason] Parley P. Pratt, Testimony, 1 July 1843 [Extradition of JS for Treason] Brigham Young, Testimony, 1 July 1843 [Extradition of JS for Treason] George Pitkin, Testimony, 1 July 1843 [Extradition of JS for Treason] Lyman Wight, Testimony, 1 July 1843 [Extradition of JS for Treason] Sidney Rigdon, Testimony, 1 July 1843 [Extradition of JS for Treason] Receipt to James Campbell, 1 July 1843 [Extradition of JS for Treason] Certification, 3 July 1843–A [Extradition of JS for Treason] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Nauvoo Neighbor [Extradition of JS for Treason]

Brigham Young, Testimony, 1 July 1843 [Extradition of JS for Treason]

Source Note

Brigham Young

1 June 1801–29 Aug. 1877. Carpenter, painter, glazier, colonizer. Born at Whitingham, Windham Co., Vermont. Son of John Young and Abigail (Nabby) Howe. Brought up in Methodist household; later joined Methodist church. Moved to Sherburne, Chenango Co., New...

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, Testimony, [
Nauvoo

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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, Hancock Co., IL], 1 July 1843, Extradition of JS for Treason (Nauvoo, IL, Municipal Court 1843). Copied [6 July 1843]; handwriting of
George Walker

15 Dec. 1806–after 1870. Bookkeeper, clerk, rope maker, laborer. Born in Burslem, Staffordshire, England. Moved to Lancashire, England, before 1832. Married Catherine Burgess, before 1832, in Lancashire. Moved to Salford, Lancashire, before 1840. Baptized...

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; signature of
Brigham Young

1 June 1801–29 Aug. 1877. Carpenter, painter, glazier, colonizer. Born at Whitingham, Windham Co., Vermont. Son of John Young and Abigail (Nabby) Howe. Brought up in Methodist household; later joined Methodist church. Moved to Sherburne, Chenango Co., New...

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by
William W. Phelps

17 Feb. 1792–7 Mar. 1872. Writer, teacher, printer, newspaper editor, publisher, postmaster, lawyer. Born at Hanover, Morris Co., New Jersey. Son of Enon Phelps and Mehitabel Goldsmith. Moved to Homer, Cortland Co., New York, 1800. Married Sally Waterman,...

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; docket by
George Walker

15 Dec. 1806–after 1870. Bookkeeper, clerk, rope maker, laborer. Born in Burslem, Staffordshire, England. Moved to Lancashire, England, before 1832. Married Catherine Burgess, before 1832, in Lancashire. Moved to Salford, Lancashire, before 1840. Baptized...

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, [
Nauvoo

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....

More Info
, Hancock Co., IL, 6 July 1843]; docket by
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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, ca. [6] July 1843; notation by
James Sloan

28 Oct. 1792–24 Oct. 1886. City recorder, notary public, attorney, judge, farmer. Born in Donaghmore, Co. Tyrone, Ireland. Son of Alexander Sloan and Anne. Married Mary Magill. Baptized into Church of Jesus Christ of Latter-day Saints. Ordained an elder, ...

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, ca. [6] July 1843; four pages; Nauvoo, IL, Records, CHL.

Historical Introduction

See Introduction to Extradition of JS for Treason.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Brigham Young, Testimony, 1 July 1843 [ Extradition of JS for Treason ] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Nauvoo Neighbor [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Times and Seasons [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Evidence [Extradition of JS for Treason]

Page [3]

no alternative for them but to flee, that they need not expect any redress for there was none for them.” With respect to the treaty the
witness

1 June 1801–29 Aug. 1877. Carpenter, painter, glazier, colonizer. Born at Whitingham, Windham Co., Vermont. Son of John Young and Abigail (Nabby) Howe. Brought up in Methodist household; later joined Methodist church. Moved to Sherburne, Chenango Co., New...

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further says that there never was any treaty proposed or entered into by or on the part of the Mormons or even thought of. As to the leaders being given up, there was no such contract entered into or thought of by the Mormons or any one called a Mormon except by
Colonel Hinkle

13 Nov. 1801–Nov. 1861. Merchant, physician, publisher, minister, farmer. Born in Jefferson Co., Kentucky. Son of Michael Hinkle and Nancy Higgins. Married first Sarah Ann Starkey. Baptized into Church of Jesus Christ of Latter-day Saints, 1832. Moved to ...

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— And with respect to the trial of the prisoners at
Richmond

Area settled, ca. 1814. Officially platted as Ray Co. seat, 1827. Population in 1840 about 500. Seat of Fifth Judicial Circuit Court of Missouri; also location of courthouse and jails. JS and about sixty other Latter-day Saint men were incarcerated here while...

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, I do not consider that tribunal a legal Court, but an inquisition. For the following reasons, that Mr. Smith was not allowed any evidence <​whatever​> on his part, and <​for​> the conduct of the <​Court​> <​as well as his words affirmed the
Judge

21 Sept. 1802–22 Apr. 1870. Attorney, judge, politician, farmer. Born at Sullivan Co., Tennessee. Son of Walter King and Nancy Sevier. Married first Nancy Harris Roberts, 13 May 1828, at Jackson, Madison Co., Tennessee. In 1830, moved to Missouri, where he...

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’s own​> judge upon that occasion would have disgraced the spanish inquisition for he positively declared <​words affirmed​> “that there was no law for mormons in the state of
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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.” And I do know <​he also knew​> that when Mr. Smith left the State of
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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he did not flee from <​the​> justice for the plain reason that the officers & the people showed did manifest<​ed​> by their works & their words that there was no law <​nor justice​> for the people called Mormons— And further he knows that Mr. Smith has <​ever​> been a strong advocate for the laws & constitutions of his
country

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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— and that there was no act of his life while in the state of
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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, according to his knowledge, that could be implied or construed in any way whatever to prove him a fugitive from justice— or that he is <​has​> <​been​> guilty of “murder, treason,
arson

In common law, the “malicious and voluntary burning [of] the house of another, by night or day.” American jurisdictions extended the crime to the burning of a variety of buildings, such as warehouses, churches, and schools.

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,
larceny

Taking and carrying away the personal property of another, with felonious intent and against the owner’s will. Illinois statute defined larceny as “the felonious stealing, taking and carrying, leading, riding, or driving away the personal goods of another...

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, theft, and stealing”. as <​the crimes he was charged with by
General Clark

17 Apr. 1802–29 Oct. 1885. Lawyer, politician. Born at Madison Co., Kentucky. Moved to Howard Co., Missouri Territory, 1818. Practiced law in Fayette, Howard Co., beginning 1824. Clerk of Howard Co. courts, 1824–1834. Appointed brigadier general in Missouri...

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when he delivered him over to the civil authorities and​> he supposes, that the learned
general

17 Apr. 1802–29 Oct. 1885. Lawyer, politician. Born at Madison Co., Kentucky. Moved to Howard Co., Missouri Territory, 1818. Practiced law in Fayette, Howard Co., beginning 1824. Clerk of Howard Co. courts, 1824–1834. Appointed brigadier general in Missouri...

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did not know but there was a difference between “larceny, theft & stealing.” He <​The​>
Witness

1 June 1801–29 Aug. 1877. Carpenter, painter, glazier, colonizer. Born at Whitingham, Windham Co., Vermont. Son of John Young and Abigail (Nabby) Howe. Brought up in Methodist household; later joined Methodist church. Moved to Sherburne, Chenango Co., New...

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also says that they compelled the brethren to sign away their property by executing a Deed of Trust at the point of the bayonet— & that Judge Cameron stood & saw the Mormons sign away their property— & then he and others would run & kick up their heels— and said they were glad of it, <​&​> “we have nothing to trouble us now” [p. [3]]
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Related Case Documents
Editorial Title
Brigham Young, Testimony, 1 July 1843 [Extradition of JS for Treason]
ID #
7281
Total Pages
4
Print Volume Location
Handwriting on This Page
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