Motion, circa 3 January 1843 [Extradition of JS for Accessory to Assault]

  • Source Note
  • Historical Introduction
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In the Circuit Court of the State of ——
In the Matter of Joseph Smith)
Attorney General of moves the Court to dismiss the procedings herein for the reason that this Court has no Jurisdiction.
1st. The arrest & detention of Said Smith was not under or by Color of authority of the or any of the offices of the but under and by color of authority of the state of and by the officers of
2d when a fugitive from Justice is arrested by authority of the Governor of any State upon the requisition of any other Governor of another State the courts of Justice neither State or Federal have any authority or Jurisdiction to enquire into any facts behind the Writ.
Atty Genl of — [9 lines blank] [p. [23]]
In the Circuit Court of the State of ——
In the Matter of Joseph Smith)
Attorney General of moves the Court to dismiss the procedings herein for the reason that this Court has no Jurisdiction.
1st. The arrest & detention of Said Smith was not under or by Color of authority of the or any of the offices of the but under and by color of authority of the state of and by the officers of
2d when a fugitive from Justice is arrested by authority of the Governor of any State upon the requisition of any other Governor of another State the courts of Justice neither State or Federal have any authority or Jurisdiction to enquire into any facts behind the Writ.
Atty Genl of — [9 lines blank] [p. [23]]
Page [23]