Petition to Thomas Ford, 31 December 1842 [Extradition of JS for Accessory to Assault]
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Source Note
JS, Petition, [, Sangamon Co., IL], to , [, Sangamon Co., IL], 31 Dec. 1842, Extradition of JS for Accessory to Assault (State of IL, Office of the Governor 1842); handwriting of ; signature of JS; docket and notation by unidentified scribe, [, Sangamon Co., IL], ca. 31 Dec. 1842; endorsement by and , [ca. 31 Dec. 1842]; two pages; Joseph Smith Extradition Records, Abraham Lincoln Presidential Library & Museum, Springfield, IL. Includes notation, docket, and endorsement.Single leaf, measuring 12½ × 7⅞ inches (32 × 20 cm). The lower third of the verso includes an endorsement. The document was folded twice horizontally, creating four panels. Marked damage has resulted in a significant number of holes and loss of text. The document has undergone conservation.The provenance of this document is unknown. The Illinois State Historical Library (now Abraham Lincoln Presidential Library and Museum) accessioned the Joseph Smith Extradition Records in 1971, although institutional records indicate the collection was “previously acquired.”
Footnotes
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Correspondence between Joseph Smith Papers editors and manuscripts curator at the Abraham Lincoln Presidential Library, Springfield, IL, 10 Apr. 2019, copy in editors’ possession.
Gillett Family Papers, 1736–1904. Abraham Lincoln Presidential Library, Springfield, IL.
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Historical Introduction
While in , Illinois, on 31 December 1842, JS petitioned governor to issue a new warrant for JS’s own arrest. He needed a new warrant in order to facilitate his application for a writ of from the Circuit Court for the District of Illinois.Early in December, secretary of state had written a letter to , constable of , Illinois, directing whomever possessed the original arrest warrant for JS to bring it to and deliver it to , sheriff of , who would then arrest JS. JS planned to apply for a writ of habeas corpus after being arrested so that the case could be tried by the Illinois Supreme Court. Based on assurances from Illinois officials that ’s extradition requisition was illegal, JS submitted to arrest by on 26 December. The following day, on JS’s behalf, and submitted an application to , the master in for , Illinois, for a writ of habeas corpus, which JS hoped would allow him to travel in greater safety to Springfield. Although Robison granted the writ, it remained unsigned and invalid because court clerk had departed for Springfield, having been recently elected to the Illinois Senate.Following the arrest, JS traveled in ’s custody to , accompanied by a group of supporters. The party arrived on 30 December and lodged at the home of , a Latter-day Saint probate judge living in the city. Having been unable to secure the necessary signatures from the Circuit Court, JS needed to apply for a writ from either the Supreme Court or the Circuit Court for the District of Illinois. Despite earlier indications that JS intended to take his case to the state supreme court, on 30 December the United States circuit court determined to adjudicate the matter. , JS’s attorney in the hearing, evidently believed that this particular matter could be resolved only in a federal court. Butterfield informed JS that Judge had extended the term of his court “on account of JS’s case” but would close the court the following day. In order for Pope to try the case, JS had to obtain a writ of habeas corpus in Springfield, which required him to present a copy of the warrant for arrest. claimed that the undersheriff of , , possessed the original warrant and that “he was coming up some time & he would bring it” to Springfield. On 31 December, however, Butterfield visited JS at Adams’s home and informed him that “the Sherif of Adams Co did not appear willing to bring forward the writ.” Accordingly, JS “signed a pitition to Gov Ford” asking him to issue a new warrant so “that his case might be tried theron.”received the petition and issued the new warrant the same day. , the deputy sheriff of , took possession of the warrant that morning and served it on JS at ’s home. With the new warrant, JS applied the same day for a writ of habeas corpus from the circuit court and then took the writ to before the close of the court. The court created a certified copy of the petition for JS. The version featured here is the original petition drafted by and endorsed by Ford.See also Introduction to Extradition of JS for Accessory to Assault and Appendix 1: Missouri Extradition Attempt, 1842–1843, Selected Documents, Introduction.
Footnotes
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Lyman Trumbull, Springfield, IL, to James Pitman, Quincy, IL, Dec. [1842], Secretary of State, General Correspondence, Illinois State Archives, Springfield.
Illinois Governor’s Correspondence, 1816–1852. Illinois State Archives, Springfield.
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Letter from Thomas Ford, 17 Dec. 1842; Letter from James Adams, 17 Dec. 1842; Letter from Justin Butterfield, 17 Dec. 1842; Clayton, Journal, 16–17 Dec. 1842; Petition to the United States Circuit Court for the District of Illinois, 31 Dec. 1842.
Clayton, William. Journals, 1842–1845. CHL.
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Letter from Thomas Ford, 17 Dec. 1842; Letter from James Adams, 17 Dec. 1842; Letter from Justin Butterfield, 17 Dec. 1842.
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Petition to Chauncey Robison, 26 Dec. 1842; Clayton, Journal, 26–27 Dec. 1842.
Clayton, William. Journals, 1842–1845. CHL.
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JS, Journal, 30 Dec. 1842. The party accompanying JS to Springfield included Hyrum Smith, John Taylor, William Marks, Levi Moffet, Peter Haws, Lorin Walker, Willard Richards, and Orson Hyde. Partway to Carthage, Illinois (approximately twenty miles southeast of Nauvoo, Illinois), they met up with Sherwood and Clayton. JS boarded with Adams on at least one previous stay in Springfield. (JS, Journal, 27 Dec. 1842; Historical Introduction to Letter of Introduction from James Adams, 9 Nov. 1839.)
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An Act Regulating the Proceeding on Writs of Habeas Corpus [22 Jan. 1827], Public and General Statute Laws of the State of Illinois, p. 322, sec. 1.
The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.
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Clayton, Journal, 31 Dec. 1842.
Clayton, William. Journals, 1842–1845. CHL.
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Ford addressed the warrant directly to the sheriff of Sangamon County, William F. Elkin. It instructed Elkin to apprehend JS and deliver him to Edward Ford, who acted as an agent for the state of Missouri and who would return JS to that state. (Arrest Warrant, 31 Dec. 1842.)
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JS, Journal, 31 Dec. 1842; Petition to the United States Circuit Court for the District of Illinois, 31 Dec. 1842.
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JS, Petition to Thomas Ford, 31 Dec. 1842, copy, JS Collection, CHL. On 6 January 1843, JS’s party received certified copies of documents most relevant to the case, including an affidavit from Lilburn W. Boggs, Thomas Reynolds’s requisition, the various versions of the arrest warrant, and other affidavits. (JS, Journal, 6 Jan. 1843.)
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