Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason]

  • Source Note
  • Historical Introduction
Page 57
image
the State of of the of the S[t]ate of .
3d Said supposed warrant is defective and void, for that it does not state that said Joseph Smith, Junior, therein accused named has been indicted or that any other legal accusation of any offence has been legally preferred, and is as pending against him in the said state of .
4th It is defective and void, for that it does not shew that any legal foundation was furnished by the of the State of upon which to issue the same; and your petitioner avers that the same was issued without due authority of law.
5th Said supposed warrant is in other respects defective & void
6th The said has no authority to detain your petitioner in custody; for that he is not an officer of the State of , nor is he legally authorized by the said of the State of or otherwise, as the state of in the State of or in any other character and capacity to imprison your petitioner within the said State of .
7th Your petitioner before the making of the said arrest upon which he is now detained and imprisoned, had been arrested for the same cause, and upon a charge for the same offence, for which he is now arrested and imprisoned, by virtue of a warrant issued by the of the said State of upon a requisition of the Executive authority of the said State of and was discharged from said arrest and imprisonment by judgement of the Circuit Court of Warren county, at a court holden in the said county of Warren in or about the month of June A D 1841 in such manner as not to be liable to the second arrest for the same cause.
8th Your petitioner is not a fugitive from justice, and has not fled from the justice of the said State of and he is not guilty and has not been guilty of treason in or against the said State of .
9th Your petitioner was not, and has not been within the limits of the said State of for more than four years next, before the making of said arrest and imprisonment whereby he is now detained nor for or during four years before any indictment or other legal accusation was preferred against him.
10th Your petitioner avers that the said supposed warrant so issued by the said of the said State of and [p. 57]
the State of of the of the State of .
3d Said supposed warrant is defective and void, for that it does not state that said Joseph Smith, Junior, therein named has been indicted or that any other legal accusation of any offence has been legally preferred, and is as pending against him in the said state of .
4th It is defective and void, for that it does not shew that any legal foundation was furnished by the of the State of upon which to issue the same; and your petitioner avers that the same was issued without due authority of law.
5th Said supposed warrant is in other respects defective & void
6th The said has no authority to detain your petitioner in custody; for that he is not an officer of the State of , nor is he legally authorized by the said of the State of or otherwise, as the state of in the State of or in any other character and capacity to imprison your petitioner within the said State of .
7th Your petitioner before the making of the said arrest upon which he is now detained and imprisoned, had been arrested for the same cause, and upon a charge for the same offence, for which he is now arrested and imprisoned, by virtue of a warrant issued by the of the said State of upon a requisition of the Executive authority of the said State of and was discharged from said arrest and imprisonment by judgement of the Circuit Court of Warren county, at a court holden in the said county of Warren in or about the month of June A D 1841 in such manner as not to be liable to the second arrest for the same cause.
8th Your petitioner is not a fugitive from justice, and has not fled from the justice of the said State of and he is not guilty and has not been guilty of treason in or against the said State of .
9th Your petitioner was not, and has not been within the limits of the said State of for more than four years next, before the making of said arrest and imprisonment whereby he is now detained nor for or during four years before any indictment or other legal accusation was preferred against him.
10th Your petitioner avers that the said supposed warrant so issued by the said of the said State of and [p. 57]
Page 57