Account of Hearing, 4 January 1843 [Extradition of JS for Accessory to Assault]
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Source Note
Account of Hearing, , Sangamon Co., IL, 4 Jan. 1843, Extradition of JS for Accessory to Assault (United States Circuit Court for the District of IL 1843); in JS, Journal, 1842–1844, Book 1, pp. 50–73; handwriting of ; JS Collection, CHL.
- Historical Introduction
Document Transcript
Footnotes
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1
TEXT: Possibly “No” or “In”.
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2
One of two affidavits prepared by Butterfield the previous night. (Wilson Law and Others, Affidavit, 4 Jan. 1843.)
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3
Jacob B. Backenstos and Stephen A. Douglas, Affidavit, 4 Jan. 1843.
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4
Ex Parte Bollman and Ex Parte Swartwout, 2 Peters Condensed 37 (1807).
Peters Condensed / Peters, Richard, ed. Condensed Reports of Cases in the Supreme Court of the United States, Containing the Whole Series of the Decisions of the Court from Its Organization to the Commencement of Peter’s Reports at January Term 1827. With Copious Notes of Parallel Cases in the Supreme and Circuit Courts of the United States. 6 vols. Philadelphia: John Grigg, 1830–1831; Desilver, Jr., and Thomas, 1833–1834.
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5
Actually, page 318. (An Act concerning Fugitives from Justice [6 Jan. 1827], Public and General Statute Laws of the State of Illinois [1834–1837], pp. 318–320.)
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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6
Conkling, Treatise on the Organization, Jurisdiction and Practice of the Courts, 51.
Conkling, Alfred. Treatise on the Organization, Jurisdiction and Practice of the Courts of the United States. Albany: William and A. Gould, 1831.
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7
Conkling, Treatise on the Organization, Jurisdiction and Practice of the Courts, 85.
Conkling, Alfred. Treatise on the Organization, Jurisdiction and Practice of the Courts of the United States. Albany: William and A. Gould, 1831.
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8
TEXT: Possibly “forces”.
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9
Ex Parte Bollman and Ex Parte Swartwout, 2 Peters Condensed 37 (1807). text: “55” is possibly an insertion.
Peters Condensed / Peters, Richard, ed. Condensed Reports of Cases in the Supreme Court of the United States, Containing the Whole Series of the Decisions of the Court from Its Organization to the Commencement of Peter’s Reports at January Term 1827. With Copious Notes of Parallel Cases in the Supreme and Circuit Courts of the United States. 6 vols. Philadelphia: John Grigg, 1830–1831; Desilver, Jr., and Thomas, 1833–1834.
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10
Ex Parte Cabrera, 1 Washington’s C.C. Reports 232 (Washington, Circuit Justice, 1805).
Washington’s C.C. Reports / Washington, Bushrod. Reports of Cases Determined in the Circuit Court of the United States, for the Third Circuit, Comprising the Districts of Pennsylvania and New-Jersey. Commencing at April Term, 1803. 4 vols. Philadelphia: Philip H. Nicklin, 1826–1829.
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11
TEXT: Possibly “<&c>”.
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12
TEXT: Possibly “attempt,”.
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13
Thomas Gordon, A Digest of the Laws of the United States (Philadelphia: By the author, 1827).
Gordon, Thomas. A Digest of the Laws of the United States. Philadelphia: By the author, 1827.
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14
Commonly known as the Habeas Corpus Act, the “Act for the Better Securing the Liberty of the Subject, and for Prevention of Imprisonments beyond the Seas” was passed by the Parliament of England in 1679 during the reign of Charles II.
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15
In re Clark, 9 Wendell 212 (N.Y. Sup. Ct. 1832).
Wendell / Wendell, John L. Reports of Cases Argued and Determined in the Supreme Court of Judicature and in the Court for the Correction of Errors of the State of New-York. 26 vols. Albany: William and A. Gould, 1829–1842.
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16
Kent, Commentaries on American Law, 2:32.
Kent, James. Commentaries on American Law. 4th ed. Vol. 2. New York: By the author, 1840.
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17
U.S. Constitution, art. 3, sec. 2.
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18
TEXT: Possibly “power”.
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20
TEXT: Unidentified symbol, possibly a typographic index or manicule.
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23
TEXT: Possibly “an”.
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24
Jack v. Martin, 12 Wendell 311 (N.Y. Sup. Ct. 1834).
Wendell / Wendell, John L. Reports of Cases Argued and Determined in the Supreme Court of Judicature and in the Court for the Correction of Errors of the State of New-York. 26 vols. Albany: William and A. Gould, 1829–1842.
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25
TEXT: Possibly “master,”.
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26
Prigg v. Commonwealth of Pennsylvania, 16 Peters 611 (1842).
Peters / Peters, Richard. Reports of Cases Argued and Adjudged in the Supreme Court of the United States. 17 vols. Various publishers, 1828–1843.
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27
Houston v. Moore, 5 Wheaton 23 (1820).
Wheaton / Wheaton, Henry. Reports of Cases Argued and Adjudged in the Supreme Court of the United States. 12 vols. Various publishers, 1816–1827.
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28
Prigg v. Commonwealth of Pennsylvania, 16 Peters 617 (1842).
Peters / Peters, Richard. Reports of Cases Argued and Adjudged in the Supreme Court of the United States. 17 vols. Various publishers, 1828–1843.
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29
U.S. Constitution, art. 3, sec. 2.
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30
TEXT: Possibly “there”.
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32
TEXT: Possibly “trust”.
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33
Thomas Carlin, Writ, 2 Aug. 1842, Ex Parte JS for Accessory to Boggs Assault [C.C.D. Ill. 1843], copy, Nauvoo, IL, Records, CHL.
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34
TEXT: Possibly “spread”.
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35
Illinois attorney general Josiah Lamborn.
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36
A British penal colony established in 1788 in Australia.
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37
6 May 1842, the day Boggs was shot.
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38
Nauvoo is approximately three hundred miles from Independence, Missouri. This journal entry records Butterfield’s assertion that JS attended a meeting of the Masonic lodge in Nauvoo from six to nine o’clock on 6 May 1842; however, JS’s name is not among those listed as present in the lodge minutes. According to his journal, JS was involved in activities with the Nauvoo Legion that day. (Nauvoo Masonic Lodge Minute Book, 6 May 1842; JS, Journal, 6 and 7 May 1842.)
Nauvoo Masonic Lodge Minute Book. / “Record of Na[u]voo Lodge Under Dispensation,” 1842–1846. CHL. MS 3436
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39
Ex Parte Watkins, 3 Peters 193 (1830).
Peters / Peters, Richard. Reports of Cases Argued and Adjudged in the Supreme Court of the United States. 17 vols. Various publishers, 1828–1843.
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40
TEXT: Possibly “<some>”.
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41
The case actually begins on page 448. (Ex Parte Burfurd, 3 Cranch 448 [1806].)
Cranch / Cranch, William. Reports of Cases Argued and Adjudged in the Supreme Court of the United States, in the Years 1805 and 1806. 9 vols. Various publishers, 1804–1817.
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42
A New Abridgement of the Law by Matthew Bacon, of the Middle Temple, Esq., vol. 3, 1st American ed. (Philadelphia: Farrand and Nicholas, 1813).
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43
TEXT: Possibly “the”.
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44
An Act Regulating the Proceedings on Writs of Habeas Corpus [22 Jan. 1827], Revised Code of Laws, of Illinois [1826–1827], pp. 236–244.
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.
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46
In re Clark, 9 Wendell 212 (N.Y. Sup. Ct. 1832).
Wendell / Wendell, John L. Reports of Cases Argued and Determined in the Supreme Court of Judicature and in the Court for the Correction of Errors of the State of New-York. 26 vols. Albany: William and A. Gould, 1829–1842.
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47
U.S. Constitution, art. 4, sec. 2. The word flee actually occurs only once in the Constitution. The word fled also occurs once.
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48
TEXT: Possibly “their” or “her”.
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49
In October 1842 Butterfield explained in detail the legal basis of this defense of JS in a letter written to Sidney Rigdon. The State of Alabama v. Williams case was the foundation of his argument. Robert G. Williams, an abolitionist residing in New York, was indicted by an Alabama court in 1835 on charges of “intending to produce conspiracy, insurrection and rebellion among the slave population” for distributing his antislavery paper The Emancipator in the latter state. In his request for Williams’s extradition, Alabama governor John Gayle stated that Williams was not in the state when the crime was committed and had not “fled” as the wording in the Constitution required, “according to the strict literal import of that term.” Gayle argued that the term “fled” should be interpreted as “evade” and that Williams should be extradited even though he had not physically fled from the justice of Alabama. New York governor William Marcy, though personally highly critical of abolitionism, rejected this interpretation and refused to extradite Williams, maintaining his stance that a fugitive must physically flee the jurisdiction of the state attempting extradition. The Alabama requisition papers, Gayle’s letter, and Marcy’s lengthy response were printed in the Albany Argus. (Justin Butterfield, Chicago, IL, to Sidney Rigdon, [Nauvoo, IL], 20 Oct. 1842, copy, Sidney Rigdon, Collection, CHL; “Requisition of the Governor of Alabama,” Albany Argus, 7 Jan. 1836, [2].)
Rigdon, Sidney. Collection, 1831–1858. CHL. MS 713.
Albany Argus. Albany, NY. 1825–1856.
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50
The message cited is probably a reference to New York governor Marcy’s message to the New York state legislature of 5 January 1836. Marcy made it clear that he had protected New York abolitionist Williams from extradition to Alabama because his alleged seditious acts “arose from acts done within this State.” (Documents of the Assembly of the State of New-York, no. 2, pp. 29–39.)
Documents of the Assembly of the State of New-York, Fifty-Ninth Session, 1836. Vol. 1, From No. 1 to No. 42 Inclusive. Albany: E. Croswell, 1836.