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Introduction to Extradition of JS for Accessory to Assault Proclamation, 11 May 1842 [Extradition of JS for Accessory to Assault] Lilburn W. Boggs, Affidavit, 20 July 1842 [Extradition of JS for Accessory to Assault] Lilburn W. Boggs, Affidavit, 20 July 1842, Lyman Trumbull Copy [Extradition of JS for Accessory to Assault] Lilburn W. Boggs, Affidavit, 20 July 1842, William Clayton Copy [Extradition of JS for Accessory to Assault] Thomas Reynolds, Requisition, 22 July 1842 [Extradition of JS for Accessory to Assault] Thomas Reynolds, Requisition, 22 July 1842, Lyman Trumbull Copy [Extradition of JS for Accessory to Assault] Thomas Reynolds, Requisition, 22 July 1842, William Clayton Copy [Extradition of JS for Accessory to Assault] Memorandum of Proclamation, 19 September 1842 [Extradition of JS for Accessory to Assault] Warrant, 2 August 1842, Sylvester Emmons and William Clayton Copy [Extradition of JS for Accessory to Assault] Warrant, 2 August 1842, James Sloan Copy [Extradition of JS for Accessory to Assault] Thomas Carlin, Proclamation, 20 September 1842, as Published in Illinois Register [Extradition of JS for Accessory to Assault] Thomas Carlin, Proclamation, 20 September 1842, William Clayton First Copy [Extradition of JS for Accessory to Assault] Thomas Carlin, Proclamation, 20 September 1842, William Clayton Second Copy [Extradition of JS for Accessory to Assault] Petition to Thomas Ford, 31 December 1842 [Extradition of JS for Accessory to Assault] Petition to Thomas Ford, 31 December 1842, Lyman Trumbull Copy [Extradition of JS for Accessory to Assault] Warrant, 31 December 1842 [Extradition of JS for Accessory to Assault] Warrant, 31 December 1842, William Clayton Copy [Extradition of JS for Accessory to Assault] Petition to Nauvoo Municipal Court, 8 August 1842 [Extradition of JS for Accessory to Assault] Habeas Corpus, 8 August 1842 [Extradition of JS for Accessory to Assault] Habeas Corpus, 8 August 1842, Copy [Extradition of JS for Accessory to Assault] Docket Entry, circa 8 August 1842 [Extradition of JS for Accessory to Assault] Habeas Corpus, 10 August 1842 [Extradition of JS for Accessory to Assault] Habeas Corpus, 10 August 1842, Copy [Extradition of JS for Accessory to Assault] Petition to Chauncey Robison, 26 December 1842, Draft [Extradition of JS for Accessory to Assault] Petition to Chauncey Robison, 26 December 1842 [Extradition of JS for Accessory to Assault] Petition to the United States Circuit Court for the District of Illinois, 31 December 1842, Willard Richards Copy [Extradition of JS for Accessory to Assault] Petition to the United States Circuit Court for the District of Illinois, 31 December 1842, William Clayton Copy [Extradition of JS for Accessory to Assault] Docket Entry, Petition and Order for Habeas Corpus, 31 December 1842 [Extradition of JS for Accessory to Assault] Habeas Corpus, 31 December 1842, Willard Richards Copy [Extradition of JS for Accessory to Assault] Habeas Corpus, 31 December 1842, William Clayton Copy [Extradition of JS for Accessory to Assault] Docket Entry, Return of Habeas Corpus, Bond, and Order, 31 December 1842 [Extradition of JS for Accessory to Assault] Order, 31 December 1842 [Extradition of JS for Accessory to Assault] Order, 31 December 1842, Copy [Extradition of JS for Accessory to Assault] Affidavit, 2 January 1843, William Clayton Copy [Extradition of JS for Accessory to Assault] Docket Entry, Affidavit, Motion, and Continuance, 2 January 1843 [Extradition of JS for Accessory to Assault] Motion, circa 3 January 1843 [Extradition of JS for Accessory to Assault] Docket Entry, Motion, 4 January 1843 [Extradition of JS for Accessory to Assault] Wilson Law and Others, Affidavit, 4 January 1843, Willard Richards Copy [Extradition of JS for Accessory to Assault] Jacob B. Backenstos and Stephen A. Douglas, Affidavit, 4 January 1843 [Extradition of JS for Accessory to Assault] Docket Entry, Motion Overruled and Discharge, 5 January 1843 [Extradition of JS for Accessory to Assault] Trial Report, 5–19 January 1843, as Published in the Sangamo Journal [Extradition of JS for Accessory to Assault] Trial Report, 5–19 January 1843, as Published in Reports [Extradition of JS for Accessory to Assault] Thomas Ford, Order, 6 January 1843 [Extradition of JS for Accessory to Assault] Transcript of Proceedings, 6 January 1843 [Extradition of JS for Accessory to Assault]

Trial Report, 5–19 January 1843, as Published in Reports [Extradition of JS for Accessory to Assault]

Source Note

Trial Report, [
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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, Sangamon Co., IL], 5–19 Jan. 1843, Extradition of JS for Accessory to Assault (United States Circuit Court for the District of IL 1843). Published in John McLean, Reports of Cases Argued and Decided in the Circuit Court of the United States, for the Seventh Circuit, vol. 3, Cincinnati: Derby, Bradley and Co., 1847, pp. 121–139. Includes typeset signature marks.

Historical Introduction

See Introduction to Extradition of JS for Accessory to Assault and Appendix 1: Missouri Extradition Attempt, 1842–1843, Selected Documents, Introduction.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Motion, circa 3 January 1843 [ Extradition of JS for Accessory to Assault ] Trial Report, 5–19 January 1843, as Published in Reports [Extradition of JS for Accessory to Assault] Warrant, 31 December 1842 [ Extradition of JS for Accessory to Assault ] Warrant, 31 December 1842, William Clayton Copy [ Extradition of JS for Accessory to Assault ] Lilburn W. Boggs, Affidavit, 20 July 1842 [ Extradition of JS for Accessory to Assault ] Lilburn W. Boggs, Affidavit, 20 July 1842, Lyman Trumbull Copy [ Extradition of JS for Accessory to Assault ] Lilburn W. Boggs, Affidavit, 20 July 1842, William Clayton Copy [ Extradition of JS for Accessory to Assault ] Trial Report, 5–19 January 1843, as Published in Reports [Extradition of JS for Accessory to Assault] Thomas Reynolds, Requisition, 22 July 1842 [ Extradition of JS for Accessory to Assault ] Thomas Reynolds, Requisition, 22 July 1842, Lyman Trumbull Copy [ Extradition of JS for Accessory to Assault ] Thomas Reynolds, Requisition, 22 July 1842, William Clayton Copy [ Extradition of JS for Accessory to Assault ] Transcript of Proceedings, 6 January 1843 [ Extradition of JS for Accessory to Assault ] Trial Report, 5–19 January 1843, as Published in Reports [Extradition of JS for Accessory to Assault] Trial Report, 5–19 January 1843, as Published in the Sangamo Journal [ Extradition of JS for Accessory to Assault ] Trial Report, 5–19 January 1843, as Published in Reports [ Extradition of JS for Accessory to Assault ]

Page 137

the constitution 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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. It is proposed to deprive a freeman of his liberty—to deliver him into the custody of strangers, to be transported to a foreign state, to be arraigned for trial before a foreign tribunal, governed by laws unknown to him—separated from his friends, his family and his witnesses, unknown and unknowing. Had he an immaculate character, it would not avail him with strangers. Such a spectacle is appalling enough to challenge the strictest analysis.
The framers of the constitution were not insensible of the importance of courts possessing the confidence of the parties. They therefore provided that citizens of the different states might resort to the federal courts in civil causes. How much more important that the criminal have confidence in his judge and jury? Therefore, before the
capias

Latin for “that you take”; a writ or process commanding a sheriff or other officer to take a defendant into legal custody. Each use of this term is adapted to the purposes indicated by additional words used for its designation. When a summons was not the ...

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is issued, the officers should see that the case is made out to warrant it.
Again,
Boggs

14 Dec. 1796–14 Mar. 1860. Bookkeeper, bank cashier, merchant, Indian agent and trader, lawyer, doctor, postmaster, politician. Born at Lexington, Fayette Co., Kentucky. Son of John M. Boggs and Martha Oliver. Served in War of 1812. Moved to St. Louis, ca...

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was shot on the 6th of May. The affidavit was made on the 20th of July following. Here was time for inquiry, which would confirm into certainty or dissipate his suspicions. He had time to collect facts to be laid before a grand jury, or be incorporated in his affidavit. The court is bound to assume that this would have been the course of
Mr. Boggs

14 Dec. 1796–14 Mar. 1860. Bookkeeper, bank cashier, merchant, Indian agent and trader, lawyer, doctor, postmaster, politician. Born at Lexington, Fayette Co., Kentucky. Son of John M. Boggs and Martha Oliver. Served in War of 1812. Moved to St. Louis, ca...

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, but that his suspicions were light and unsatisfactory.
The affidavit is insufficient—1st. because it is not positive; 2d. because it charges no crime; 3d. it charges no crime committed in the state 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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. Therefore, he did not flee from the justice of the state 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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, nor has he taken refuge in the state of
Illinois

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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.
The proceedings in this affair, from the affidavit to the arrest, afford a lesson to governors and judges, whose action may hereafter be invoked in cases of this character.
The affidavit simply says that the
affiant

14 Dec. 1796–14 Mar. 1860. Bookkeeper, bank cashier, merchant, Indian agent and trader, lawyer, doctor, postmaster, politician. Born at Lexington, Fayette Co., Kentucky. Son of John M. Boggs and Martha Oliver. Served in War of 1812. Moved to St. Louis, ca...

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was shot with intent to kill, and he believes that Smith was accessory [p. 137]
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Editorial Title
Trial Report, 5–19 January 1843, as Published in Reports [Extradition of JS for Accessory to Assault]
ID #
12354
Total Pages
19
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