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

  • Source Note
  • Historical Introduction
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<​January 6​> Writ of Habeas Corpus may be issued by this Court directed to the said William F. Elkin and commanding them forthwith and without delay to bring your Petitioner before this Honorable Court to abide such order and direction as the said Court may make in the premises. Your Petitioner states that he is arrested and detained as aforesaid under color of a law of the [HC 5:233] and that his arrest and— detention is illegal and in violation of law, and without the authority of law, in this, that your Petitioner is not a fugitive from justice, nor has he fled from the State of — And your Petitioner as in duty bound will ever pray— Joseph Smith.
The of the State of to the of the State of Greeting; Whereas it appears by the annexed documents, which is hereby certified as authentic, that one Joseph Smith is a fugitive from justice, charged with being accessory before the fact, to an assault with intent to kill, made by one on in this , and it is represented to the Executive Department of this , has fled to the State of . Now therefore I Governor of the State of , by virtue of the authority in me vested by the Constitution and Laws of the , do by these presents demand the surrender and delivery of the said Joseph Smith to , who is hereby appointed as the agent to receive the said Joseph Smith on the part of this .
Seal In testimony whereof, I Governor of the State of , have hereunto set my hand, and caused to be affixed the Great Seal of the State of . Done at the City of Jefferson this 22nd. day of July in the year of our Lord one thousand eight hundred and forty two, of the Independence of the the sixty seventh and of this the twenty third.
By the Governor
Jas. L. Minor Secretary of State.
State of ) Ss
County of )
This day personally appeared before me a Justice of the Peace within and for the County of the Subscriber who being duly sworn doth dispose and say that on the night of the sixth day of May 1842 while sitting in his dwelling in the Town of in the County of , he was shot with intent to kill, and that his life was despaired of for several days, and that [HC 5:234] he believes, and has good reason to believe from evidence and information now in his possession, that Joseph Smith commonly called the Mormon Prophet was accessory before the fact of the intended murder; and that the said Joseph Smith is a Citizen or Resident of the State of , and the said Deponent hereby applied to the of the State of to make a demand on the of the State of to deliver the said Joseph Smith commonly called the Mormon Prophet to some person authorized to receive and convey him to the and aforesaid, there to be dealt with according to law— .
Sworn to and subscribed before me this the 20th. day of July 1842— J. P.
State of , Office of Secretary of State
I Lyman Trumball [Trumbull] Secretary of State, of the State of , do hereby certify the foregoing to be a true and perfect copy of the demand of the of the State of upon the of this , for the apprehension and surrender of Joseph Smith who is charged with being a fugitive from justice, and the affidavit of attached to the same, which are on file in this office. [p. 1445]
January 6 Writ of Habeas Corpus may be issued by this Court directed to the said William F. Elkin and commanding them forthwith and without delay to bring your Petitioner before this Honorable Court to abide such order and direction as the said Court may make in the premises. Your Petitioner states that he is arrested and detained as aforesaid under color of a law of the [HC 5:233] and that his arrest and— detention is illegal and in violation of law, and without the authority of law, in this, that your Petitioner is not a fugitive from justice, nor has he fled from the State of — And your Petitioner as in duty bound will ever pray— Joseph Smith.
The of the State of to the of the State of Greeting; Whereas it appears by the annexed documents, which is hereby certified as authentic, that one Joseph Smith is a fugitive from justice, charged with being accessory before the fact, to an assault with intent to kill, made by one on in this , and it is represented to the Executive Department of this , has fled to the State of . Now therefore I Governor of the State of , by virtue of the authority in me vested by the Constitution and Laws of the , do by these presents demand the surrender and delivery of the said Joseph Smith to , who is hereby appointed as the agent to receive the said Joseph Smith on the part of this .
Seal In testimony whereof, I Governor of the State of , have hereunto set my hand, and caused to be affixed the Great Seal of the State of . Done at the City of Jefferson this 22nd. day of July in the year of our Lord one thousand eight hundred and forty two, of the Independence of the the sixty seventh and of this the twenty third.
By the Governor
Jas. L. Minor Secretary of State.
State of ) Ss
County of )
This day personally appeared before me a Justice of the Peace within and for the County of the Subscriber who being duly sworn doth dispose and say that on the night of the sixth day of May 1842 while sitting in his dwelling in the Town of in the County of , he was shot with intent to kill, and that his life was despaired of for several days, and that [HC 5:234] he believes, and has good reason to believe from evidence and information now in his possession, that Joseph Smith commonly called the Mormon Prophet was accessory before the fact of the intended murder; and that the said Joseph Smith is a Citizen or Resident of the State of , and the said Deponent hereby applied to the of the State of to make a demand on the of the State of to deliver the said Joseph Smith commonly called the Mormon Prophet to some person authorized to receive and convey him to the and aforesaid, there to be dealt with according to law— .
Sworn to and subscribed before me this the 20th. day of July 1842— J. P.
State of , Office of Secretary of State
I Lyman Trumball [Trumbull] Secretary of State, of the State of , do hereby certify the foregoing to be a true and perfect copy of the demand of the of the State of upon the of this , for the apprehension and surrender of Joseph Smith who is charged with being a fugitive from justice, and the affidavit of attached to the same, which are on file in this office. [p. 1445]
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