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“Persecution,” 15 August 1842 [Extradition of JS for Accessory to Assault] Letter, Emma Smith to Thomas Carlin, 16 August 1842 [Extradition of JS for Accessory to Assault] Letter, Thomas Carlin to Emma Smith, 24 August 1842 [Extradition of JS for Accessory to Assault] Letter, Emma Smith to Thomas Carlin, 27 August 1842 [Extradition of JS for Accessory to Assault] Letter, Thomas Carlin to Emma Smith, 7 September 1842 [Extradition of JS for Accessory to Assault] Letter, Justin Butterfield to Sidney Rigdon, 20 October 1842 [Extradition of JS for Accessory to Assault] Warrant, 31 December 1842, Willard Richards Copy [Extradition of JS for Accessory to Assault] Affidavit, 2 January 1843, Willard Richards Copy [Extradition of JS for Accessory to Assault] Wilson Law and Others, Affidavit, 4 January 1843, Justin Butterfield Copy [Extradition of JS for Accessory to Assault] Account of Hearing, 4 January 1843 [Extradition of JS for Accessory to Assault] Decision, 5 January 1843, as Reported by Willard Richards [Extradition of JS for Accessory to Assault] Decision, 5 January 1843, as Reported by John Taylor and Others [Extradition of JS for Accessory to Assault] “The Release of Gen. Joseph Smith,” 14 January 1843 [Extradition of JS for Accessory to Assault] Affidavit, 20 July 1842 [Extradition of Rockwell for Assault] Warrant, 2 August 1842 [Extradition of Rockwell for Assault] Petition, 8 August 1842 [Extradition of Rockwell for Assault] Habeas Corpus, 8 August 1842 [Extradition of Rockwell for Assault] Docket Entry, 31 August 1843 [Extradition of Rockwell for Assault] Transcript of Proceedings, 18 November 1843 [Extradition of Rockwell for Assault] Order, 23 November 1843 [Extradition of Rockwell for Assault] Venire Facias, 2 December 1843 [Extradition of Rockwell for Assault] Docket Entry, 11 December 1843 [Extradition of Rockwell for Assault] Motion, circa 11 December 1843–A [Extradition of Rockwell for Assault] Motion, circa 11 December 1843–B [Extradition of Rockwell for Assault]

Letter, Emma Smith to Thomas Carlin, 27 August 1842 [Extradition of JS for Accessory to Assault]

Source Note

Emma Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

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, Letter,
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, to
Thomas Carlin

18 July 1789–14 Feb. 1852. Ferry owner, farmer, sheriff, politician. Born in Fayette Co., Kentucky. Son of Thomas Carlin and Elizabeth Evans. Baptist. Moved to what became Missouri, by 1803. Moved to Illinois Territory, by 1812. Served in War of 1812. Married...

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, [
Quincy

Located on high limestone bluffs east of Mississippi River, about forty-five miles south of Nauvoo. Settled 1821. Adams Co. seat, 1825. Incorporated as town, 1834. Received city charter, 1840. Population in 1835 about 800; in 1840 about 2,300; and in 1845...

More Info
, Adams Co., IL], 27 Aug. 1842. Copied [3 Sept. 1842] in JS, Journal, Dec. 1841–Dec. 1842, pp. 187–188; handwriting of
William Clayton

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charnock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into Church of Jesus Christ of Latter-day Saints by Heber...

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; JS Collection, CHL.

Historical Introduction

See Introduction to Extradition of JS for Accessory to Assault.

Page 187

“
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
August 27th. 1842
“To His Excellency
Gov. Carlin

18 July 1789–14 Feb. 1852. Ferry owner, farmer, sheriff, politician. Born in Fayette Co., Kentucky. Son of Thomas Carlin and Elizabeth Evans. Baptist. Moved to what became Missouri, by 1803. Moved to Illinois Territory, by 1812. Served in War of 1812. Married...

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Dear Sir— I received your letter of the 24th. in due time, and now tender you the sincere gratitude of my heart, for the interest which you have felt in my peace and prosperity; and I assure you, that every act of kindness, and every word of consolation have been thankfully received and duly appreciated by my me and my friends also; and I much regret your ill health, and still hope that you will avail yourself of sufficient time to investigate our cause, and thoroughly acquaint yourself with the illegality of the prosecution instituted against Mr Smith.— And I now certify that Mr Smith, my self, nor any other person, to my knowledge, has ever, nor do we at this time wish your honor to swerve from your duty, as an executive, in the least. But we do believe that it is your duty to allow us in this place, the privileges and advantages guaranteed to us by the laws of this
State

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

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and the
United States

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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; this is all we ask, and if we can enjoy these rights unmolested, it will be the ultimate end of all our ambition; and the result will be peace and prosperity to us and all the surrounding country, as far as we are concerned. Nor do we wish to take any undue advantage of any intricate technicalities of law; but honorably and honestly to fulfil all of the laws of this
State

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

More Info
, and of the
United States

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 ...

More Info
, and then, in turn, to have the benifits resulting from an honorable
execution

“The act of carrying into effect the final judgment of a court, or other jurisdiction. The writ which authorises the officer so to carry into effect such judgment is also called an execution. . . . Executions are either to recover specific things, or money...

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of those laws.
And now,
your Excellency

18 July 1789–14 Feb. 1852. Ferry owner, farmer, sheriff, politician. Born in Fayette Co., Kentucky. Son of Thomas Carlin and Elizabeth Evans. Baptist. Moved to what became Missouri, by 1803. Moved to Illinois Territory, by 1812. Served in War of 1812. Married...

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will not consider me assuming any unbecoming dictation; but recollect that the many prosecutions that has been got up unjustly, and pursued illegaly against Mr Smith, instigated by selfish and irreligious motives, has obliged me to know something for myself; therefore, let me refer you to the eleventh Section of our
city

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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Charter. “All power is granted to the
City

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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council, to make, ordain, establish, and execute all ordinances, not repugnant to the constitution of the State or of the
United States

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 ...

More Info
, or, as they may deem necessary for the peace and safety of said
city

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
.”
1

See An Act to Incorporate the City of Nauvoo [16 Dec. 1840], Laws of the State of Illinois [1840–1841], p. 54, sec. 11.


Comprehensive Works Cited

Laws of the State of Illinois, Passed by the Twelfth General Assembly, at Their Session, Began and Held at Springfield, on the Seventh of December, One Thousand Eight Hundred and Forty. Springfield, IL: William Walters, 1841.

Accordingly there is an ordinance passed by the
City

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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Council to prevent our people from being carried off by an illegal process.
2

Nauvoo City Council Minute Book, 5 July 1842, 86–87.


And if any one thinks he is illegally seized, under this ordinance he claims the right of
Habeus Corpus

“Have the body”; a written order from a court of competent jurisdiction commanding anyone having a person in custody to produce such person at a certain time and place and to state the reasons why he or she is being held in custody. The court will determine...

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under section 17th. of the charter, to try the question of identity, which is strictly constitutional.
3

Carlin’s response to this letter, dated 7 September 1842, is copied into this journal. In his response, Carlin stated that the Nauvoo Municipal Court’s authority to issue writs of habeas corpus applied only to cases arising out of city ordinances—not in cases involving actions of higher levels of government.


These powers are positively granted in the charter over your own signature; and now, dear sir, where can be the justice in depriving us of these rights which are lawfully ours, as well as they are the lawful rights of the inhabitants of
Quincy

Located on high limestone bluffs east of Mississippi River, about forty-five miles south of Nauvoo. Settled 1821. Adams Co. seat, 1825. Incorporated as town, 1834. Received city charter, 1840. Population in 1835 about 800; in 1840 about 2,300; and in 1845...

More Info
and
Springfield

Settled by 1819. Incorporated as town, 1832. Became capital of Illinois, 1837. Incorporated as city, 1840. Sangamon Co. seat. Population in 1840 about 2,600. Stake of Church of Jesus Christ of Latter-day Saints organized in Springfield, Nov. 1840; discontinued...

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and many other places where the citizens enjoy the advantages of such ordinances, without controversy.
4

Like Nauvoo, both Quincy and Springfield were granted authority to pass ordinances that did not conflict with the United States Constitution. Similar to the situation in Nauvoo, the judge of the municipal court of Alton could issue writs of habeas corpus for a time. (Kimball, “Nauvoo Charter,” 73, 75; Bennett and Cope, “City on a Hill,” 39.)


Comprehensive Works Cited

Kimball, James L., Jr. “The Nauvoo Charter: A Reinterpretation.” Journal of the Illinois State Historical Society 44 (Spring 1971): 66–78.

Bennett, Richard E., and Rachel Cope. “‘A City on a Hill’—Chartering the City of Nauvoo.” The John Whitmer Historical Association Journal (2002): 17–42.

With these considerations, and many more which might be adduced, give us the privilege and we will show
your Honor

18 July 1789–14 Feb. 1852. Ferry owner, farmer, sheriff, politician. Born in Fayette Co., Kentucky. Son of Thomas Carlin and Elizabeth Evans. Baptist. Moved to what became Missouri, by 1803. Moved to Illinois Territory, by 1812. Served in War of 1812. Married...

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, and the world besides, if required, that the Mr Smith referr’d to in the demand from Missouri, is not the Joseph Smith of
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
, for he was not in
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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; neither is he [p. 187]
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Source Note

Document Transcript

Page 187

Document Information

Related Case Documents

Documents Related to Extradition of JS for Accessory to Assault

Editorial Title
Letter, Emma Smith to Thomas Carlin, 27 August 1842 [Extradition of JS for Accessory to Assault]
ID #
18144
Total Pages
2
Print Volume Location
Handwriting on This Page
  • William Clayton

Footnotes

  1. [1]

    See An Act to Incorporate the City of Nauvoo [16 Dec. 1840], Laws of the State of Illinois [1840–1841], p. 54, sec. 11.

    Laws of the State of Illinois, Passed by the Twelfth General Assembly, at Their Session, Began and Held at Springfield, on the Seventh of December, One Thousand Eight Hundred and Forty. Springfield, IL: William Walters, 1841.

  2. [2]

    Nauvoo City Council Minute Book, 5 July 1842, 86–87.

  3. [3]

    Carlin’s response to this letter, dated 7 September 1842, is copied into this journal. In his response, Carlin stated that the Nauvoo Municipal Court’s authority to issue writs of habeas corpus applied only to cases arising out of city ordinances—not in cases involving actions of higher levels of government.

  4. [4]

    Like Nauvoo, both Quincy and Springfield were granted authority to pass ordinances that did not conflict with the United States Constitution. Similar to the situation in Nauvoo, the judge of the municipal court of Alton could issue writs of habeas corpus for a time. (Kimball, “Nauvoo Charter,” 73, 75; Bennett and Cope, “City on a Hill,” 39.)

    Kimball, James L., Jr. “The Nauvoo Charter: A Reinterpretation.” Journal of the Illinois State Historical Society 44 (Spring 1971): 66–78.

    Bennett, Richard E., and Rachel Cope. “‘A City on a Hill’—Chartering the City of Nauvoo.” The John Whitmer Historical Association Journal (2002): 17–42.

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