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

  • Source Note
  • Historical Introduction
Page 1451
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<​January 6​> and afterwards to wit on the 5th day of January 1843 the following order was made in this cause viz—
In the matter of Joseph Smith On
And now at this day comes again the said Joseph Smith by his Attorney, and at the same time also comes Attorney General of the State of and the Court being now sufficiently advised of and concerning the motion heretofore entered to dismiss the proceedings in this cause, it is considered that [HC 5:243] said motion be denied, and the Court having fully considered the Petition of the said Joseph Smith and the matters and things set forth in the return made to the Writ of Habeas Corpus issued herein, and being now sufficiently advised of and concerning the same. It is considered and adjudged that the matters and things set forth in the return to the said Writ of Habeas Corpus are wholly insufficient in law to authorize the arrest and detention of the said Joseph Smith; and it is further considered, ordered and adjudged by the Court that the said Joseph Smith be fully released and discharged from the Custody of , Sheriff of under the warrant of the of the State of mentioned in the said return and also from the Custody of on the Proclamation of the said mentioned in the said return, and that he .
) ss
District of ——)
I Clerk of the Circuit Court for the District of do certify that the foregoing is a true and correct copy of the record and proceedings before said Court in the matter of Joseph Smith on Petition to be discharged on habeas corpus, as the same remain on the record and files of said Court
Seal In testimony whereof I have hereunto subscribed my name and affixed the Seal of said Court at this sixth day of January A.D. 1843 and of our Independence the 67th. year
Clerk
I do hereby certify that I have inspected the foregoing record, and that there is now no further cause for arresting or detaining Joseph Smith therein named by virtue of any proclamation or executive warrant heretofore issued by the of this and that since the judgment of the Circuit Court of the for the district of all such proclamations and warrants are inoperative and void Witness my hand and seal at this 6th. day of Jany. 1843
Seal
Gov. of [11 lines blank] [p. 1451]
January 6 and afterwards to wit on the 5th day of January 1843 the following order was made in this cause viz—
In the matter of Joseph Smith On
And now at this day comes again the said Joseph Smith by his Attorney, and at the same time also comes Attorney General of the State of and the Court being now sufficiently advised of and concerning the motion heretofore entered to dismiss the proceedings in this cause, it is considered that [HC 5:243] said motion be denied, and the Court having fully considered the Petition of the said Joseph Smith and the matters and things set forth in the return made to the Writ of Habeas Corpus issued herein, and being now sufficiently advised of and concerning the same. It is considered and adjudged that the matters and things set forth in the return to the said Writ of Habeas Corpus are wholly insufficient in law to authorize the arrest and detention of the said Joseph Smith; and it is further considered, ordered and adjudged by the Court that the said Joseph Smith be fully released and discharged from the Custody of , Sheriff of under the warrant of the of the State of mentioned in the said return and also from the Custody of on the Proclamation of the said mentioned in the said return, and that he .
) ss
District of ——)
I Clerk of the Circuit Court for the District of do certify that the foregoing is a true and correct copy of the record and proceedings before said Court in the matter of Joseph Smith on Petition to be discharged on habeas corpus, as the same remain on the record and files of said Court
Seal In testimony whereof I have hereunto subscribed my name and affixed the Seal of said Court at this sixth day of January A.D. 1843 and of our Independence the 67th. year
Clerk
I do hereby certify that I have inspected the foregoing record, and that there is now no further cause for arresting or detaining Joseph Smith therein named by virtue of any proclamation or executive warrant heretofore issued by the of this and that since the judgment of the Circuit Court of the for the district of all such proclamations and warrants are inoperative and void Witness my hand and seal at this 6th. day of Jany. 1843
Seal
Gov. of [11 lines blank] [p. 1451]
Page 1451