Introduction to Extradition of JS for Accessory to Assault

Document Transcript

Extradition of JS for Accessory to Assault
United States Circuit Court for the District of Illinois,
Springfield, Sangamon Co., Illinois, 5 January 1843
 
Historical Introduction
On 22 July 1842, governor sent a requisition to officials demanding the apprehension and extradition of JS to stand trial for his alleged role in the attempted assassination of former Missouri governor in May 1842. Boggs played an instrumental role in the conflict between the Latter-day Saints and their antagonists in northwestern Missouri in 1838. In response to exaggerated reports of Latter-day Saint military operations, then-governor Boggs ordered that church members “be exterminated or driven from the state,” resulting in the Saints’ exodus out of Missouri and JS’s winter imprisonment in the jail in , Missouri. Although the Saints found refuge in Illinois and JS was allowed to escape Missouri state custody in April 1839, discord between church members and Missourians continued. In fall 1840, Boggs demanded that Illinois officials arrest and extradite JS and other Latter-day Saints to answer charges stemming from the 1838 conflict. JS appeared before an Illinois in June 1841 on a writ of , a common law remedy that permitted an authorized judge to review the legality of a prisoner’s detention. The judge discharged JS, citing a deficiency in the arrest warrant.
The next year, on 6 May 1842, an unknown assailant shot through the window of his home in , Missouri. Boggs’s injuries were serious but not fatal. Although Boggs’s neighbors initially identified a man named Tompkins as the shooter, he was no longer a suspect by mid-May. At that point, the church’s opponents began asserting that a Latter-day Saint had committed the crime, citing as evidence Boggs’s role in the expulsion of church members from and a prophecy JS purportedly made in 1841 that Boggs would die a violent death. Although church members publicly rejoiced upon hearing of the shooting, JS denied involvement in the crime.
Given these accusations, Latter-day Saints anticipated that officials might seek JS’s extradition, and church members took steps to protect him by organizing a city watch and by strengthening the Municipal Court’s powers. Under the act incorporating the city of Nauvoo, Illinois, passed by the legislature in December 1840, the city could operate a municipal court with “power to grant writs of habeas corpus in all cases arising under the ordinances of the City Council.” This provision was apparently intended to limit the court’s jurisdiction to prisoners who were detained for alleged violations of city ordinances. However, the authorized the Nauvoo City Council to pass any ordinance “necessary for the peace, benefit, good order, regulation, convenience, and cleanliness” of the city as long as it was “not repugnant” to the national or state constitutions. Under this provision, on 5 July 1842 the city council passed an ordinance that provided that “no Citizen of this City shall be taken out of the City by any Writs, without the privilege of investigation before the Municipal Court” on a writ of habeas corpus. By implication, the ordinance expanded the municipal court’s authority to issue habeas corpus for “any Writs,” or arrest warrants, whether issued by federal, state, or city officials.
In mid-July 1842, former Latter-day Saint amplified the accusations against JS in letters published in and newspapers. Bennett claimed that JS had sent Latter-day Saint to Missouri for the purpose of assassinating , with a promised reward of $500. Bennett stated his intention to work with Missouri officials to bring about the extradition of both men for their alleged crimes. By 20 July 1842, Boggs filed two affidavits before , a justice of the peace. The first affidavit identified Rockwell as the shooter, while the second named JS as an “Accessary before the fact of the intended Murder.” In both affidavits, Boggs referenced “evidence and information” in his possession, a possible allusion to Bennett’s letters. Boggs further stated that Rockwell and JS were citizens or residents of Illinois and requested that initiate extradition proceedings. Reynolds responded by sending two requisitions on 22 July 1842 to Illinois governor . The first, which is apparently not extant, stated that Rockwell had been charged with shooting Boggs “with intent to kill” and had fled as a fugitive to Illinois; it demanded that Illinois officials arrest and extradite Rockwell to answer the charge. Reynolds presumably included Boggs’s 20 July affidavit naming Rockwell to support the requisition. The second requisition stated that JS was “charged with being accessary, before the fact to an assault with intent to kill, made by one O. P. Rockwell on Lilburn W. Boggs.” Whereas Boggs’s affidavit had simply noted that JS was a citizen or resident of Illinois, Reynolds’s requisition identified JS as “a fugitive from justice” and demanded that Carlin extradite him to Missouri to answer the charge.
On 2 August 1842, after receiving ’s requisitions, issued warrants for the arrest of and JS. He gave the warrant for JS to , deputy sheriff of , Illinois, and the warrant for Rockwell to , an Adams County constable. The officers were also apparently accompanied by , the agent designated by Reynolds to convey the prisoners to . The lawmen arrived in on the morning of 8 August and arrested JS and Rockwell. Following the arrests, the two prisoners claimed their right to petition the municipal court for , thereby impeding Ford’s ability to receive them into his custody and take them to Missouri immediately. JS’s petition, drafted with the assistance of his attorney, , cited the habeas corpus provision in the charter and the 5 July 1842 ordinance. The petition stated that JS would demonstrate to the court the “insufficiency” of Carlin’s warrant and the “utter groundlessness” of the charge against him. JS intended to show that he could not be a fugitive from justice, as he had not been in Missouri when the shooting occurred, and that, because he had no knowledge of the crime until after it occurred, he could not be an accessory before the fact. Rockwell’s petition used similar language, emphasizing that he was “not any where in the region of Country” at the time of the shooting. Following a provision in the 1827 habeas corpus statute, both petitions included copies of Carlin’s warrants, made by JS’s scribe .
At noon on 8 August, the City Council met and passed a new ordinance, which further augmented the provisions of the 5 July 1842 ordinance. The new ordinance authorized the court “to examine into the origin, validity, & legality” of a warrant. If the court determined that the warrant was “not legally issued,” it was required to discharge the prisoner. If the warrant proved to be legal, then the court was authorized to “fully hear the merits of the case” and to hold “a fair & impartial trial.” About one o’clock that afternoon, the municipal court convened, with associate justice presiding as chief justice pro tempore in JS’s place. submitted the petitions of JS and and gave supporting oral arguments, after which the court issued writs of habeas corpus directing and to bring their prisoners before the court and explain the reasons for detaining them. Nauvoo city marshal subsequently served the writs on the two lawmen.
Unsure of the court’s authority to issue writs of in such situations, and left JS and “in the hands of the and returned to ” to consult with . noted in JS’s journal that the officers left to determine “wether our charter gave the jurisdiction over the case.” Suspecting that the lawmen would return with orders to disregard the Nauvoo Municipal Court and to retake JS and Rockwell, JS prepared a petition on 9 August requesting a writ of from ’s Circuit Court. The writ was granted the next day but evidently was never served. With his legal situation in flux, JS spent much of the late summer and fall hiding at various Latter-day Saint homes in and western Illinois in order to avoid arrest, while Rockwell went to the area around . Suspecting JS may have gone to Iowa, sent a requisition to territorial governor on 20 August 1842. Chambers issued a warrant, but it was returned unserved.
During the following months, JS’s wife corresponded with , defending her husband’s innocence and the municipal court’s powers. In reply, Carlin insisted that only a court could determine JS’s guilt or innocence and that law required the governor, upon receiving a requisition from another state executive, to issue a warrant. He further stated that, while JS could challenge the warrant on habeas corpus before a circuit court, the municipal court lacked jurisdiction in such cases. On 19 September 1842, announced a reward of $300 for the apprehension of either JS or . The following day, Carlin issued a proclamation offering $200 for either JS or Rockwell.
In December 1842, ’s term as governor ended and he was replaced by , a former state supreme court justice. Optimistic that the new governor would be more open than his predecessor had been to finding a legal resolution to the impasse, JS sent a delegation to , the state capital. The group arrived on 13 December and met with , the attorney for the District of Illinois, the next day. Butterfield had been apprised of JS’s situation and considered the extradition illegal. Under federal law, to be extradited, an individual needed to flee to one state after having been charged with committing a crime in another. Butterfield believed that, should JS appear on before an authorized court—either the Illinois supreme court or the U.S. Circuit Court for the District of Illinois—he would be able to show that he was not a fugitive from justice, and the court would discharge him. On 15 December, Butterfield met with Ford and six justices of the state supreme court. All agreed with Butterfield’s argument, although they were divided over whether Ford was authorized to rescind Carlin’s warrant or if JS should appear before them on a writ of habeas corpus. Ford and Butterfield subsequently each wrote to JS urging him to travel to Springfield for a hearing. The Latter-day Saint delegation then returned to .
After receiving the delegation’s report, JS decided to go to . Guarding against the possibility of apprehension by the officers, who still held ’s warrant, Major General of the arrested JS on 26 December 1842 using the governor’s 20 September proclamation. JS’s party left the following day and arrived in Springfield on 30 December. The next day, when it became apparent that the Adams County officers were unable or unwilling to produce Carlin’s warrant, JS petitioned for a new warrant, which was granted and issued to Sheriff of . opted to file JS’s petition for a writ of with the Circuit Court for the District of , rather than the state supreme court. The federal court, presided over by Judge , granted the writ, which was directed to Law and Elkin, the two men who held JS in custody. The sheriff and the major general presented JS to the court and explained the grounds upon which they respectively held him in custody. The court then admitted JS to bail and ordered him to enter into a $2,000 recognizance, conditioned upon his appearance at the hearing scheduled for 2 January 1843. Pope also issued an order that Ford and Illinois attorney general be informed of the scheduled proceedings as a courtesy.
The court reconvened after the weekend, but requested a continuance to allow more time to prepare his response on behalf of the state. The court granted the motion and rescheduled the hearing for 4 January. filed JS’s affidavit, which denied that he was a fugitive from justice and asserted that he was “ready to prove that he was not in the State of at the time of the commission of the alleged crime” charged in ’s 20 July 1842 affidavit. Two additional affidavits were subsequently filed, the first by and eight other Latter-day Saints, who attested that JS was in on 6 May 1842, the day of the shooting. The second affidavit was signed by , clerk of the Circuit Court, and Judge , prominent individuals who were not members of the church. They similarly affirmed that they had seen JS in Nauvoo at the time of the shooting.
On 4 January 1843, filed a motion to dismiss the proceedings. First, he argued that the circuit court lacked jurisdiction, asserting that the governor and the arresting officers operated under state, not federal, law. Second, he contended that the court lacked authority “to enquire into any facts behind the Writs.” In doing so, Lamborn insisted that on , the court could examine only procedural issues, not the substantive question of JS’s guilt or innocence implied by the affidavits attesting to his presence in at the time of the shooting. and his law partner, , offered lengthy rebuttals to Lamborn’s motion, arguing that because the U.S. Constitution and a 1793 federal statute defined the process followed by governors when initiating extradition proceedings, governors acted under federal authority, and therefore the U.S. circuit court had jurisdiction over the case. Second, JS’s attorneys contended that ’s affidavit, the document upon which the extradition was based, did not claim that JS had committed a crime in , nor did it assert that JS had fled from Missouri’s justice. , having listened to the arguments on both sides, adjourned the court and announced he would deliver his decision the next morning.
On 5 January, first dispensed with ’s objection to the court’s jurisdiction, holding that because the Congress had designated state governors to execute extradition proceedings, the governors acted under federal authority and therefore the U.S. circuit court had jurisdiction. Pope then addressed Lamborn’s second objection. The judge declined to rule on the question of whether JS’s attorneys could submit new evidence that had bearing on JS’s whereabouts on 6 May 1842. Instead, he would confine his ruling to the issue of whether ’s affidavit was sufficient to sustain the extradition. The affidavit did not claim that JS had committed a crime in , nor did it claim that he had fled from the state’s justice. It stated only that JS was accessory to the shooting of Boggs and did not even identify the shooter——since Boggs had named Rockwell in a separate affidavit. obscured the deficiencies in the affidavit when writing his requisition, which stated that JS was charged with being an accessory to Rockwell’s crime in Missouri and that he was a fugitive from justice, information not present in the affidavit. , in his warrant, subsequently perpetuated the errors. Based on the legal insufficiency of the affidavit, Pope ruled that JS must be discharged.
JS’s scribe made fragmentary notes of ’s decision as it was delivered and then inscribed them in JS’s journal. Later that day and into the night, Richards expanded his notes into a draft of the “Decision for the press.” This was done “on request of Judge Pope. per Presidnt Joseph.” After Richards completed the draft, he evidently made a copy, which he gave to Pope the following morning. JS and Richards then paid “2 notes of $230 for his fees,” which, combined with $40 paid previously to Butterfield for his services, totaled $500. then made certified copies of the case documents. During the afternoon of 6 January, JS visited , who signed a statement affirming that “there is now no further cause for arresting or detaining Joseph Smith.” This statement essentially revoked ’s 2 August 1842 warrant—which was still in the hands of the officers—and the former governor’s 20 September 1842 proclamation. Ford wrote that, due to Pope’s decision, “all such proclamations and warrants are inoperative and void.” As the court’s decision applied only to JS, the charge against remained outstanding.
After JS and the Latter-day Saint party left , , presumably assisted by clerk of the circuit court, prepared a formal trial report, reproducing the facts of the case, transcripts of key case documents, the attorneys’ debate over ’s motion to dismiss the proceedings, and the judge’s decision. The Sangamo Journal published the trial report in its 19 January 1843 issue. Other newspapers, including the Nauvoo Wasp and the Times and Seasons, reprinted the trial report. Pope’s ruling became an influential precedent in American extradition law.
 
Calendar of Documents
This calendar lists all known documents created by or for the court or official government offices, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court or office. Where a version of a document was subsequently filed with another court, that version is listed under both courts.

Footnotes

  1. 1

    Thomas Reynolds, Requisition, 22 July 1842 [Extradition of JS for Accessory to Assault].  

  2. 2

    Documents, Volume 6, Introduction to Part 3: 4 Nov. 1838–16 Apr. 1839; Introduction to State of Missouri v. Gates et al. for Treason.  

  3. 3

    Introduction to Extradition of JS et al. for Treason and Other Crimes; “Habeas Corpus,” in Bouvier, Law Dictionary, 1:454; Kent, Commentaries on American Law, 2:25–31; Walker, “Habeas Corpus in Early Nineteenth-Century Mormonism,” 5–97.  

    Bouvier, John. A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; with References to the Civil and Other Systems of Foreign Law. 2 vols. Philadelphia: T. and J. W. Johnson, 1839.

    Kent, James. Commentaries on American Law. 4th ed. Vol. 2. New York: By the author, 1840.

    Walker, Jeffrey N. “Habeas Corpus in Early Nineteenth-Century Mormonism: Joseph Smith’s Legal Bulwark for Personal Freedom.” BYU Studies 52, no. 1 (2013): 4–97.

  4. 4

    “A Foul Deed,” Daily Missouri Republican (St. Louis), 12 May 1842, [2]; “Governor Boggs,” Jeffersonian Republican (Jefferson City, MO), 14 May 1842, [2].  

    Daily Missouri Republican. St. Louis. 1822–1869.

    Jeffersonian Republican. Jefferson City, MO. 1831–1844.

  5. 5

    David Kilbourne, Montrose, Iowa Territory, to Thomas Reynolds, Jefferson City, MO, 14 May 1842, Records of Governor Thomas Reynolds, 1840–1844, Missouri State Archives, Jefferson City; McLaws, “Attempted Assassination of Missouri’s Ex-Governor, Lilburn W. Boggs,” 50–56; Woodruff, Journal, 15 May 1842; Letter to Sylvester Bartlett, 22 May 1842, in JSP, D10:89–92; “Assassination of Ex-Governor Boggs of Missouri,” Quincy (IL) Whig, 21 May 1842, [3]; see also “Introduction to Part 2: June 1842,” in JSP, D10:113–115; and Letter to Thomas Carlin, 24 June 1842. A “Mr. Childs,” who had reportedly quarreled with Boggs prior to the shooting, was also briefly identified as a suspect. (James H. Hunt, Knoxville, MO, to Nathan Daggett, Kirtland, OH, 16 July 1842, typescript, Daggett Papers, Lake County Historical Society, Mormon Related Archives, CHL.)  

    Missouri, State of. Office of the Secretary of State, Commissions Division. Register of Civil Proceedings, 1837–1971. MSA.

    McLaws, Monte B. “The Attempted Assassination of Missouri’s Ex-Governor, Lilburn W. Boggs.” Missouri Historical Review 60, no. 1 (Oct. 1965): 50–62.

    Woodruff, Wilford. Journals, 1833–1898. Wilford Woodruff, Journals and Papers, 1828–1898. CHL. MS 1352.

    JSP, D10 / Kuehn, Elizabeth A., Jordan T. Watkins, Matthew C. Godfrey, and Mason K. Allred, eds. Documents, Volume 10: May–August 1842. Vol. 10 of the Documents series of The Joseph Smith Papers, edited by Matthew C. Godfrey, R. Eric Smith, Matthew J. Grow, and Ronald K. Esplin. Salt Lake City: Church Historian’s Press, 2020.

    Quincy Daily Whig. Quincy, IL. 1875–1893.

    Lake County Historical Society. Mormon Related Archives, 1791–1902. CHL.

  6. 6

    Minutes, 19 May 1842; Mayor’s Order to City Watch, 20 May 1842; Letter to Thomas Carlin, 24 June 1842; Letter from Thomas Carlin, 30 June 1842; Ordinance, 5 July 1842; Nauvoo Female Relief Society, Petition to Thomas Carlin, ca. 22 July 1842, in Derr et al., First Fifty Years of Relief Society, 136–141; Snow, Journal, 29 July 1842.  

    Derr, Jill Mulvay, Carol Cornwall Madsen, Kate Holbrook, and Matthew J. Grow, eds. The First Fifty Years of Relief Society: Key Documents in Latter-day Saint Women’s History. Salt Lake City: Church Historian’s Press, 2016.

    Snow, Eliza R. Journal, 1842–1844. CHL. MS 1439.

  7. 7

    Act to Incorporate the City of Nauvoo, 16 Dec. 1840. An 1827 Illinois statute authorized only the circuit courts and the state supreme court to issue writs of habeas corpus to prisoners accused of violating state law. (An Act Regulating the Proceeding on Writs of Habeas Corpus [22 Jan. 1827], Public and General Statute Laws of the State of Illinois [1834–1837], pp. 322–323, 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.

  8. 8

    Ordinance, 5 July 1842.  

  9. 9

    John C. Bennett, Carthage, IL, 2 July 1842, Letter to the Editor, Sangamo Journal (Springfield, IL), 15 July 1842, [2]; John C. Bennett, Carthage, IL, 4 July 1842, Letter to the Editor, Sangamo Journal, 15 July 1842, [2]; John C. Bennett, St. Louis, MO, 13 July 1842, Letter to the Editor, Bulletin (St. Louis), 14 July 1842, [2]; John C. Bennett, St. Louis, MO, 15 July 1842, Letter to the Editor, Sangamo Journal, 22 July 1842, [2]; see also L. B. Fleak, Keokuk, Iowa Territory, to Thomas Reynolds, Jefferson City, MO, 12 July 1842, Records of Governor Thomas Reynolds, 1840–1844, Missouri State Archives, Jefferson City.  

    Sangamo Journal. Springfield, IL. 1831–1847.

    Bulletin. St. Louis. 1842–1843.

    Missouri, State of. Office of the Secretary of State, Commissions Division. Register of Civil Proceedings, 1837–1971. MSA.

  10. 10

    Affidavit, 20 July 1842 [Extradition of Rockwell for Assault]; Lilburn W. Boggs, Affidavit, 20 July 1842 [Extradition of JS for Accessory to Assault]; see also L. B. Fleak, Keokuk, Iowa Territory, to Thomas Reynolds, Jefferson City, MO, 12 July 1842, Records of Governor Thomas Reynolds, 1840–1844, Missouri State Archives, Jefferson City. Missouri law stated: “Every person who shall, on purpose, and of malice aforethought, shoot at or stab another, or assault or beat another with a deadly weapon, or by any other means or force, likely to produce death or great bodily harm, with intent to kill, maim, ravish, or rob such person, or in the attempt to commit any burglary, or other felony, or in resisting the execution of any legal process, shall be punished by imprisonment in the penitentiary not exceeding ten years.” Missouri law also provided that every person who “shall be an accessary to any murder or other felony, before the fact, shall, upon conviction, be adjudged guilty of the offence in the same degree, and be punished in the same manner, as herein prescribed with respect to the principal in the first degree.” (An Act concerning Crimes and Their Punishments [20 Mar. 1835], Revised Statutes of the State of Missouri [1834–1835], p. 171, art. 2, sec. 31; p. 212; art. 9, sec. 5; see also “Accessary,” in Bouvier, Law Dictionary, 1:36.)  

    Missouri, State of. Office of the Secretary of State, Commissions Division. Register of Civil Proceedings, 1837–1971. MSA.

    The Revised Statutes of the State of Missouri, Revised and Digested by the Eighth General Assembly during the Years One Thousand Eight Hundred and Thirty-Four, and One Thousand Eight Hundred and Thirty-Five. . . . St. Louis: Argus Office, 1835.

    Bouvier, John. A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; with References to the Civil and Other Systems of Foreign Law. 2 vols. Philadelphia: T. and J. W. Johnson, 1839.

  11. 11

    Thomas Reynolds, Requisition, 22 July 1842 [Extradition of JS for Accessory to Assault]; Thomas Carlin, Proclamation, 20 Sept. 1842 [Extradition of JS for Accessory to Assault]. The U.S. Constitution states that “a Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.” In 1793, Congress passed a statute that enacted this provision and specified that the requisition—the document requesting the extradition—should be accompanied by either an affidavit or an indictment specifying the charge. (U.S. Constitution, art. 4, sec. 2; An Act respecting Fugitives from Justice, and Persons Escaping from the Service of Their Masters [12 Feb. 1793], Public Statutes at Large, 2nd Cong., 2nd Sess., chap. 7, p. 302.)  

    The Public Statutes at Large of the United States of America, from the Organization of the Government in 1789, to March 3, 1845. . . . Edited by Richard Peters. 8 vols. Boston: Charles C. Little and James Brown, 1846–1867.

  12. 12

    Reynolds’s requisition was summarized in Illinois governor Thomas Carlin’s 20 September 1842 proclamation, which offered a $200 award for Rockwell’s apprehension. (Thomas Carlin, Proclamation, 20 Sept. 1842 [Extradition of JS for Accessory to Assault].)  

  13. 13

    Thomas Reynolds, Requisition, 22 July 1842 [Extradition of JS for Accessory to Assault].  

  14. 14

    Warrant, 2 Aug. 1842 [Extradition of JS for Accessory to Assault]; Warrant, 2 Aug. 1842 [Extradition of Rockwell for Assault]. Illinois law required the governor to issue an arrest warrant when requested to do so by a governor of another state who had “complied with the requisitions of the act of congress” relating to fugitives from justice. (An Act concerning Fugitives from Justice [6 Jan. 1827], Public and General Statute Laws of the State of Illinois [1834–1837], p. 318, 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.

  15. 15

    JS, Journal, 8 Aug. 1842; Docket Entry, ca. 8 Aug. 1842 [Extradition of JS for Accessory to Assault].  

  16. 16

    Thomas Reynolds, Requisition, 22 July 1842 [Extradition of JS for Accessory to Assault]; JS, Journal, 8 Aug. 1842.  

  17. 17

    Petition to Nauvoo Municipal Court, 8 Aug. 1842 [Extradition of JS for Accessory to Assault].  

  18. 18

    Petition, 8 Aug. 1842 [Extradition of Rockwell for Assault]. Contrary to this claim, Rockwell was evidently in the area of Independence at the time of the shooting to be with his wife, Luana Hart Beebe Rockwell, when she gave birth to their daughter Sarah Jane Rockwell on 25 March 1842. The Rockwells were likely staying with Luana’s brother Isaac Beebe in Independence. Rockwell reportedly later claimed that “he could prove that he was seven miles north of Independence on the night that Governor Boggs was shot.” (Jorgensen and Leary, “Luana Hart Beebe,” 126; Joseph O. Boggs, Independence, MO, to John C. Bennett, 12 Sept. 1842, in Bennett, History of the Saints, 286.)  

    Jorgensen, Danny L., and Andrew Leary. “Luana Hart Beebe (1814–1897): A Biographical Sketch of a Remarkable Early Latter-day Saint.” Journal of Mormon History 42, no. 3 (July 2016): 120–154.

    Bennett, John C. The History of the Saints; or, an Exposé of Joe Smith and Mormonism. Boston: Leland and Whiting, 1842.

  19. 19

    An Act Regulating the Proceeding on Writs of Habeas Corpus [22 Jan. 1827], Public and General Statute Laws of the State of Illinois [1834–1837], p. 323, sec. 2.  

    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.

  20. 20

    Nauvoo City Council Minute Book, 8 Aug. 1842, 98; see also Historical Introduction to Petition to Nauvoo Municipal Court, 8 Aug. 1842, in JSP, D10:356–358.  

    JSP, D10 / Kuehn, Elizabeth A., Jordan T. Watkins, Matthew C. Godfrey, and Mason K. Allred, eds. Documents, Volume 10: May–August 1842. Vol. 10 of the Documents series of The Joseph Smith Papers, edited by Matthew C. Godfrey, R. Eric Smith, Matthew J. Grow, and Ronald K. Esplin. Salt Lake City: Church Historian’s Press, 2020.

  21. 21

    Docket Entry, ca. 8 Aug. 1842 [Extradition of JS for Accessory to Assault]; Nauvoo City Council Minute Book, 8 Aug. 1842, 99; see also Act to Incorporate the City of Nauvoo, 16 Dec. 1840, sec. 17.  

  22. 22

    Docket Entry, ca. 8 Aug. 1842 [Extradition of JS for Accessory to Assault].  

  23. 23

    Habeas Corpus, 8 Aug. 1842 [Extradition of JS for Accessory to Assault]; Habeas Corpus, 8 Aug. 1842 [Extradition of Rockwell for Assault].  

  24. 24

    JS, Journal, 8 Aug. 1842.  

  25. 25

    JS, Journal, 9 Aug. 1842.  

  26. 26

    Habeas Corpus, 10 Aug. 1842 [Extradition of JS for Accessory to Assault].  

  27. 27

    JS, Journal, 10–11 Aug. 1842, and 7 Oct. 1842; “Joseph Smith Documents from September 1842 through February 1843,” in JSP, D11:xix–xx; Letter to John M. Bernhisel, 7 Sept. 1842; Letter from Sybella McMinn Armstrong and Orrin Porter Rockwell, 1 Dec. 1842.  

    JSP, D11 / McBride, Spencer W., Jeffrey D. Mahas, Brett D. Dowdle, and Tyson Reeder, eds. Documents, Volume 11: September 1842–February 1843. Vol. 11 of the Documents series of The Joseph Smith Papers, edited by Matthew C. Godfrey, R. Eric Smith, Matthew J. Grow, and Ronald K. Esplin. Salt Lake City: Church Historian’s Press, 2020.

  28. 28

    State of Missouri, Office of the Secretary of State, Commissions Division, Register of Civil Proceedings, vol. A, p. 175; John Chambers, Burlington, Iowa Territory, to John Cowan, 10 Mar. 1843, JS Office Papers, CHL.  

    Missouri, State of. Office of the Secretary of State, Commissions Division. Register of Civil Proceedings, 1837–1971. MSA.

  29. 29

    Letter, Emma Smith to Thomas Carlin, 16 Aug. 1842; Letter, Thomas Carlin to Emma Smith, 24 Aug. 1842; Letter, Emma Smith to Thomas Carlin, 27 Aug. 1842; Letter, Thomas Carlin to Emma Smith, 7 Sept. 1842.  

  30. 30

    Reynolds had issued a proclamation on 11 May 1842 offering $300 for the apprehension of the unknown shooter. On 19 September, he issued a memorandum amending the initial proclamation by naming JS and Rockwell and offering $300 for the capture of either man. (Proclamation, 11 May 1842 [Extradition of JS for Accessory to Assault]; Memorandum of Proclamation, 19 September 1842 [Extradition of JS for Accessory to Assault]; An Act to Regulate Proceedings in Criminal Cases [21 Mar. 1835], Revised Statutes of the State of Missouri [1834–1835], p. 502, art. 9, sec. 20).  

    The Revised Statutes of the State of Missouri, Revised and Digested by the Eighth General Assembly during the Years One Thousand Eight Hundred and Thirty-Four, and One Thousand Eight Hundred and Thirty-Five. . . . St. Louis: Argus Office, 1835.

  31. 31

    Thomas Carlin, Proclamation, 20 Sept. 1842 [Extradition of JS for Accessory to Assault]; An Act concerning Fugitives from Justice [6 Jan. 1827], Public and General Statute Laws of the State of Illinois [1834–1837], p. 320, sec. 8.  

    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.

  32. 32

    “Gov. Ford’s Inaugural Address,” Sangamo Journal (Springfield, IL), 15 Dec. 1842, [1].  

    Sangamo Journal. Springfield, IL. 1831–1847.

  33. 33

    JS, Journal, 9–20 Dec. 1842; Clayton, Journal, 9–20 Dec. 1842; Letter, Justin Butterfield to Sidney Rigdon, 20 October 1842; Letter from Thomas Ford, 17 Dec. 1842; Letter from Justin Butterfield, 17 Dec. 1842; see also Letter from James Adams, 17 Dec. 1842.  

    Clayton, William. Journals, 1842–1845. CHL.

  34. 34

    Clayton, Journal, 26 Dec. 1842; see also Petition to Chauncey Robison, 26 Dec. 1842 [Extradition of JS for Accessory to Assault].  

    Clayton, William. Journals, 1842–1845. CHL.

  35. 35

    JS, Journal, 27–30 Dec. 1842.  

  36. 36

    JS, Journal, 31 Dec. 1842; Petition to Thomas Ford, 31 Dec. 1842 [Extradition of JS for Accessory to Assault]; Warrant, 31 Dec. 1842 [Extradition of JS for Accessory to Assault].  

  37. 37

    Petition to the United States Circuit Court for the District of Illinois, 31 Dec. 1842 [Extradition of JS for Accessory to Assault].  

  38. 38

    Roger Taney, chief justice of the United States, was also present during the proceedings. Federal statute granted U.S. courts the right to issue writs of habeas corpus in cases where a person was imprisoned “under or by colour of the authority of the United States.” (Habeas Corpus, 31 Dec. 1842 [Extradition of JS for Accessory to Assault]; Docket Entry, Petition and Order for Habeas Corpus, 31 Dec. 1842 [Extradition of JS for Accessory to Assault]; An Act to Establish the Judicial Courts of the United States [24 Sept. 1789], Public Statutes at Large, 1st Cong., 1st Sess., vol. 1, chap. 20, p. 82, sec. 14.)  

    The Public Statutes at Large of the United States of America, from the Organization of the Government in 1789, to March 3, 1845. . . . Edited by Richard Peters. 8 vols. Boston: Charles C. Little and James Brown, 1846–1867.

  39. 39

    Docket Entry, Return of Habeas Corpus, Bond, and Order, 31 Dec. 1842 [Extradition of JS for Accessory to Assault]; JS, Journal, 31 Dec. 1842; Order, 31 Dec. 1842 [Extradition of JS for Accessory to Assault].  

  40. 40

    Affidavit, 2 Jan. 1843 [Extradition of JS for Accessory to Assault]; JS, Journal, 2 Jan. 1843; Transcript of Proceedings, 6 Jan. 1843 [Extradition of JS for Accessory to Assault]; Docket Entry, Affidavit, Motion, and Continuance, 2 Jan. 1843 [Extradition of JS for Accessory to Assault].  

  41. 41

    Wilson Law and Others, Affidavit, 4 Jan. 1843 [Extradition of JS for Accessory to Assault]; Jacob B. Backenstos and Stephen A. Douglas, Affidavit, 4 Jan. 1843 [Extradition of JS for Accessory to Assault]; Transcript of Proceedings, 6 Jan. 1843 [Extradition of JS for Accessory to Assault]; JS, Journal, 4 Jan. 1843.  

  42. 42

    Motion, ca. 3 Jan. 1843 [Extradition of JS for Accessory to Assault]. Lamborn contended that Carlin had acted under an 1827 Illinois statute. (JS, Journal, 4 Jan. 1843; 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.

  43. 43

    JS, Journal, 4 Jan. 1843.  

  44. 44

    Docket Entry, Motion Denied and Discharge, 5 Jan. 1843 [Extradition of JS for Accessory to Assault]; Trial Report, 5–19 Jan. 1843 [Extradition of JS for Accessory to Assault].  

  45. 45

    Decision, as Reported by Willard Richards, 5 Jan. 1843 [Extradition of JS for Accessory to Assault]; JS, Journal, 5 Jan. 1843.  

  46. 46

    JS, Journal, 6 Jan. 1843.  

  47. 47

    JS, Journal, 6 Jan. 1843; Clayton, Journal, 6 Jan. 1843.  

    Clayton, William. Journals, 1842–1845. CHL.

  48. 48

    Thomas Ford, Order, 6 Jan. 1843 [Extradition of JS for Accessory to Assault]; Clayton, Journal, 6 Jan. 1843.  

    Clayton, William. Journals, 1842–1845. CHL.

  49. 49

    While passing through St. Louis in March 1843, Rockwell was recognized and arrested. A grand jury in Jackson County found insufficient evidence to indict him for shooting Boggs, but he was indicted for attempting to escape from jail. He subsequently received a change of venue to Clay County, Missouri, where a jury found him guilty of the escape attempt but sentenced him to only five minutes in jail. After his release, he arrived in Nauvoo on 25 December 1843. (“Orrin Porter Rockwell,” Daily Missouri Republican [St. Louis], 6 Mar. 1843, [3]; JS History, vol. E-1, 1827–1829; Transcript of Proceedings, 18 Nov. 1843 [Extradition of Rockwell for Assault]; JS, Journal, 25 Dec. 1843.)  

    Daily Missouri Republican. St. Louis. 1822–1869.

  50. 50

    Trial Report, 5–19 Jan. 1843 [Extradition of JS for Accessory to Assault].  

  51. 51

    Trial Report, in Times and Seasons, 16 Jan. 1843, 4:65–71; Trial Report, in Wasp, 28 Jan. 1843, [1]–[2]; Trial Report, in Alton (IL) Telegraph and Democratic Review, 4 Feb. 1843, [1]. JS asked Pope on 6 January 1843 if the Nauvoo Wasp could have the first opportunity to publish the trial report, but the judge replied that he intended to give it first to the Sangamo Journal, which published it in its 19 January 1843 issue. Although the Times and Seasons published the trial report in its 16 January 1843 issue, the paper at that time was evidently behind schedule by two weeks or more. When the Wasp published the trial report in its 28 January 1843 issue, it cited the Sangamo Journal, not the Times and Seasons, as its source. (JS, Journal, 6 Jan. 1843; Woodruff, Journal, 2 Jan. 1843; “The Release of Gen. Joseph Smith,” Times and Seasons, 2 Jan. 1843, 4:59; “The Release of Gen. Joseph Smith,” 14 Jan. 1843 [Extradition of JS for Accessory to Assault]; Editorial, Wasp, 28 Jan. 1843, [3]; see also “Sacred Hymns,” Times and Seasons, 1 Feb. 1843, 4:95.)  

    Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

    The Wasp. Nauvoo, IL. Apr. 1842–Apr. 1843.

    Alton Telegraph and Democratic Review. Alton, IL. 1841–1850.

    Woodruff, Wilford. Journals, 1833–1898. Wilford Woodruff, Journals and Papers, 1828–1898. CHL. MS 1352.

  52. 52

    See, for example, “Ex Parte Joseph Smith—the Mormon Prophet,” 57–67; Trial Report, 5–19 Jan. 1843, as Published in Reports [Extradition of JS for Accessory to Assault]; West, Federal Cases, 22:373–380; and Moore, Treatise on Extradition, 2:878–882, 938.  

    “Ex Parte Joseph Smith—the Mormon Prophet” / “Circuit Court of the United States, Illinois, January, 1843. Before the Honorable Nathaniel Pope, District Judge. Ex Parte Joseph Smith—the Mormon Prophet.” The Law Reporter 6 (June 1843): 57–67.

    The Federal Cases Comprising Cases Argued and Determined in the Circuit and District Courts of the United States from the Earliest Times to the Beginning of the Federal Reporter. Arranged Alphabetically by the Titles of the Cases, and Numbered Consecutively. Vol. 8. St. Paul, MN: West Publishing, 1895.

    Moore, John Bassett. A Treatise on Extradition and Interstate Rendition. With Appendices Containing the Treaties and Statutes Relating to Extradition; the Treaties Relating to the Desertion of Seamen; and the Statutes, Rules of Practice, and Forms, in Force in the Several States and Territories, Relating to Interstate Rendition. Vol. 2. Boston: Boston Book Company, 1891.