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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 124

and apprehend the said Joseph Smith, if he be found within the limits 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...

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aforesaid, and cause him to be safely kept and delivered to the custody of
Edward R. Ford

1774–after 1850. Law enforcement officer. Born in South Carolina. Married Susanna. Moved to Lewiston (near present-day New Florence), Montgomery Co., Missouri, by 1830. Moved to Lindsey, Benton Co., Missouri, by 1840. Missouri state agent commissioned to ...

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, who has been duly constituted the agent of the said 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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, to receive said fugitive from the justice of said
state

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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, he paying all fees and charges for the arrest and apprehension of said Joseph Smith, and make due return to the executive department 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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, the manner in which this writ may be executed.
“In testimony whereof,” &c.
The case was set for hearing on the 4th day of January, 1843, on which day
Josiah Lamborn

31 Jan. 1809–31 Mar. 1847. Lawyer. Born in Chester Co., Pennsylvania. Son of Samuel Lamborn and Mary McGinnis. Moved to Cincinnati, Hamilton Co., Ohio, 1811; to Washington Co., Kentucky; to Springfield, Sangamon Co., Illinois, 1832; and to Jacksonville, Morgan...

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, attorney general of 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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, appeared, and moved to dismiss the proceedings, and filed the following objection to the jurisdiction of the court, viz:
“1st. The arrest and detention of Smith was not under or by color of authority 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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, or of any officers 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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, but under and by color of authority of 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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, by the officers 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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.
“2d. When a fugitive from justice is arrested by authority of the governor of any state, upon the requisition of the governor of another state, the courts of justice neither state nor federal, have any authority or jurisdiction to inquire into any facts behind the writ.”
The counsel of the said Joseph Smith then offered to read in evidence affidavits of several persons, showing conclusively that the said Joseph Smith was at
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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, in the county of
Hancock

Formed from Pike Co., 1825. Described in 1837 as predominantly prairie and “deficient in timber.” Early settlers came mainly from mid-Atlantic and southern states. Population in 1835 about 3,200; in 1840 about 9,900; and in 1844 at least 15,000. Carthage ...

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and 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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, on the whole of the 6th and 7th days of May, in the year 1842, and on the evenings of those days, more than three hundred miles distant from
Jackson county

Settled at Fort Osage, 1808. County created, 16 Feb. 1825; organized 1826. Named after U.S. president Andrew Jackson. Featured fertile lands along Missouri River and was Santa Fe Trail departure point, which attracted immigrants to area. Area of county reduced...

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, 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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, where it is alleged that the said
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, and that he had not been 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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at any time between the 10th day of February and the 1st day of July, 1842, the said per [p. 124]
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Page 124

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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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