History, 1838–1856, volume D-1 [1 August 1842–1 July 1843]

  • Source Note
  • Historical Introduction
Page 1594
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<​June 30​> recite that the Joseph Smith, Junior, mentioned therein, has been demanded by the of the State of , of the of the state of
3rd. 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 show 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 and 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 agent of 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 , at a court holden in the said County of , in or about the month of June A D 1841, in such manner as not to be liable to the said 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. [HC 5:462]
10th. Your petitioner avers that the said supposed warrant, so issued by the said of the said State of , and under color of which your petitioner is now imprisoned, and the document purporting to be an authority to receive the said Joseph Smith, Junior, are wholly defective and insufficiently to legally authorize the arrest and imprisonment of your Petitioner: Copies of which supposed warrant and the supposed authority from the of the State of are hereunto annexed.
Wherefore, your petitioner prays that a writ of habeas corpus may be awarded, directed to the said , commanding him that he bring your petitioner forthwith and without delay, before this honorable court, together with the causes of his caption and detention, in order that your Petitioner may be dealt with according to [p. 1594]
June 30 recite that the Joseph Smith, Junior, mentioned therein, has been demanded by the of the State of , of the of the state of
3rd. 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 show 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 and 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 agent of 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 , at a court holden in the said County of , in or about the month of June A D 1841, in such manner as not to be liable to the said 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. [HC 5:462]
10th. Your petitioner avers that the said supposed warrant, so issued by the said of the said State of , and under color of which your petitioner is now imprisoned, and the document purporting to be an authority to receive the said Joseph Smith, Junior, are wholly defective and insufficiently to legally authorize the arrest and imprisonment of your Petitioner: Copies of which supposed warrant and the supposed authority from the of the State of are hereunto annexed.
Wherefore, your petitioner prays that a writ of habeas corpus may be awarded, directed to the said , commanding him that he bring your petitioner forthwith and without delay, before this honorable court, together with the causes of his caption and detention, in order that your Petitioner may be dealt with according to [p. 1594]
Page 1594