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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, Thomas Carlin to Emma Smith, 24 August 1842 [Extradition of JS for Accessory to Assault]

Source Note

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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, Letter,
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...

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, Adams Co., IL, to
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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, [
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
, Hancock Co., IL], 24 Aug. 1842. Copied [3 Sept. 1842] in JS, Journal, Dec. 1841–Dec. 1842, pp. 185–186; 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 186

my whole time; together with very ill health since the receipt of your former letter, and it would be most gratifying to my feelings now, if due regard to public duty, would enable me to furnish such a reply as would fully conform to your wishes— but my duty in reference to all demands made by Executives of other States, for the surrender of fugitives from justice, appears to be plain and simple; consisting entirely of an executive, and not a judicial character leaving me no discretion— or adjudication, as to the innocence, or guilt, of persons so demanded and charged with crime, and it is plain that the constitution and laws of the united States in reference to fugitives from justice, presumes, and contemplates, that the laws of the several States, are ample to do justice to all who may be charged with crime. And the statute 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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simply requires, “That when ever the Executive of any other State, or of any Territory 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 ...

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, shall demand of the executive of this State any person as a fugitive from justice, and shall have complied with the requisitions of the act of congress in that case made and provided, it shall be the duty of the executive 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
to issue his warrant under the seal of the
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
, to apprehend the said fugitive” &c.
2

An Act concerning Fugitives from Justice [6 Jan. 1827], Revised Code of Laws, of Illinois [1826–1827], p. 232, sec. 1. The “act of congress” that the Illinois law refers to is An Act respecting Fugitives from Justice, and Persons Escaping from the Service of Their Masters [12 Feb. 1793], Public Statutes at Large, 2nd Cong., 2nd Sess., chap. 7, pp. 302–305.


Comprehensive Works Cited

The Revised Code of Laws, of Illinois, Enacted at the Fifth General Assembly, at Their Session Held at Vandalia, Commencing on the Fourth Day of December, 1826, and Ending the Nineteenth of February, 1827. Vandalia, IL: Robert Blackwell, 1827.

The Public Statutes at Large of the United States of America, from the Organization of the Government in 1789, to March 3, 1845. . . . Edited by Richard Peters. 8 vols. Boston: Charles C. Little and James Brown, 1846–1867.

With the Constitution and laws before me, my duty is so plainly marked out, that it would be impossible to err, so long as I abstain from usurping the right of adjudication. I am aware that a strict enforcement of the laws by an executive,— or a rigid administration of them by a judicial tribunal, often results in hardship to those involved, and to you it doubtless appears to be peculiarly so, in the present case of Mr Smith. If however as you alledge, he is innocent of any crime, and the proceedings are illegal, it would be the more easy for him to procure an acquital. In reference to the remark you attribute to me that I “would not advise Mr Smith ever to trust himself 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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” I can only say— as I have heretofore said on many occasions that I never have entertained a doubt that if Mr Smith should submit to the laws of
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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, that the utmost latitude would be allowed him in his defence, and the fullest justice done him, and I only intended to refer (in the remark made to you when at my house)
3

In July, Emma Smith went to Quincy with Eliza R. Snow and Amanda Barnes Smith to see Governor Thomas Carlin regarding protection for JS.


to the rabble. and not to the laws of
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 ...

More Info
.
Very much has been attributed to me in reference to Genl Smith that is without foundation in truth, a knowledge of which fact, enable<​s​> me to receive what I hear as coming from him, with great allowance. In conclusion Dear Madam I feel conscious when I assure you, that all my official acts in reference to Mr Smith have been prompted by a strict sense of duty, and in discharge of that duty have studiously pursued that course, least likely to produce excitement and alarm, both in your community, and the surrounding public, and I will here add that I much regret being called upon to act at all, and that I hope he will submit to the laws, and that justice will ultimately be done. Be pleased to present my best respects to
Mrs— [Amanda Barnes] Smith

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&
Miss [Eliza R.] Snow

21 Jan. 1804–5 Dec. 1887. Poet, teacher, seamstress, milliner. Born in Becket, Berkshire Co., Massachusetts. Daughter of Oliver Snow and Rosetta Leonora Pettibone. Moved to Mantua, Trumbull Co., Ohio, ca. 1806. Member of Baptist church. Baptized into Church...

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your companions when at
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 accept of my highest regard for yourself, and best wishes for your prosperity & happiness—
Your obedient servant
Tho. 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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.[”]
Mrs
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...

View Full Bio
[p. 186]
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Page 186

Document Information

Related Case Documents

Documents Related to Extradition of JS for Accessory to Assault

Editorial Title
Letter, Thomas Carlin to Emma Smith, 24 August 1842 [Extradition of JS for Accessory to Assault]
ID #
18143
Total Pages
2
Print Volume Location
Handwriting on This Page
  • William Clayton

Footnotes

  1. [2]

    An Act concerning Fugitives from Justice [6 Jan. 1827], Revised Code of Laws, of Illinois [1826–1827], p. 232, sec. 1. The “act of congress” that the Illinois law refers to is An Act respecting Fugitives from Justice, and Persons Escaping from the Service of Their Masters [12 Feb. 1793], Public Statutes at Large, 2nd Cong., 2nd Sess., chap. 7, pp. 302–305.

    The Revised Code of Laws, of Illinois, Enacted at the Fifth General Assembly, at Their Session Held at Vandalia, Commencing on the Fourth Day of December, 1826, and Ending the Nineteenth of February, 1827. Vandalia, IL: Robert Blackwell, 1827.

    The Public Statutes at Large of the United States of America, from the Organization of the Government in 1789, to March 3, 1845. . . . Edited by Richard Peters. 8 vols. Boston: Charles C. Little and James Brown, 1846–1867.

  2. [3]

    In July, Emma Smith went to Quincy with Eliza R. Snow and Amanda Barnes Smith to see Governor Thomas Carlin regarding protection for JS.

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