Petition to Chauncey Robison, 26 December 1842 [Extradition of JS for Accessory to Assault]

  • Source Note
  • Historical Introduction

Document Transcript

State of Illinois)
)
To Esqr
Master in Chancery for the and aforesaid:—
Whereas, I Joseph Smith of the City of in the County of and State of being under arrest illegally and in the custody of by virtue of a proclamation made by late Governor of said do hereby apply to the Master in Chancery for said and pray that he may grant me a writ of that I may be entitled to the privilege of showing to the court having jurisdiction of the case the illegallity of the proclamation and the utter groundlessness of the charge preferred in said proclamation which charges me with being accessory before the fact to an assault with intent to kill made by one on on the night of the sixth day of May A. D. 1842. in the State of , and having fled from the justice of said , and taking refuge in the State of , when as I shall be able to prove that I was not out of the State of nor in the State of for the last two years, and that I was not accessory to the said assault on said , not knowing any thing about the intended assault nor any thing concerning it untill I was informed of it sometime after it had occurred.
The copy of the said proclamation doth hereby follow:—
Proclamation
Executive Department .
September 20th. 1842
Whereas a requisition has been made upon me [p. [1]]
as the Executive of this , by the of the State of , for the apprehension and surrender of who is charged with the crime of shooting with intent to kill in the county of and State of on the night of the sixth day of May A. D. 1842. And whereas, a demand has also been made by the of upon me for the apprehension and surrender of Joseph Smith (commonly called the Mormon Prophet) who is charged with the crime of being accessory to the shooting of said at the time and place aforesaid, with intent to kill.
And whereas in obedience to the Constitution and laws of the , and of this , executive warrants have been issued, and the said and Smith arrested as fugitives from justice from the State of .
And whereas the said and Smith resisted the laws by refusing to go with the officers who had them in custody as fugitives from justice, and escaped from the custody of said officers.
Now, therefore, I. , Governor of the State of , in conformity to an act entitled “an act concerning fugitives from justice” approved January 6. 1827, do offer a reward of two hundred dollars to any person or persons, for the apprehension and delivery of each, or either of the above named fugitives from justice Viz:— and Joseph Smith, to the custody of and , or to the Sherif of at the City of
In testimony whereof, I have hereunto set my hand, and caused the great seal [p. [2]]
of to be affixed the day and date above mentioned
L. S.
By the Governor, , Sec. of State.
All of which I respectfully represent to your honor this twenty sixth day of December A. D. 1842
Joseph Smith
State of Illinois)
)
27h Decr 1842
The of the Circuit Court is hereby ordered to issue a Writ of in accordance With the foregoing petition
Master in Chancery [p. [3]]
To Esqr Master in Chancery [1/2 page blank] [p. [4]]

Footnotes

  1. new scribe logo

    William Clayton handwriting begins.  

  2. new scribe logo

    Signature of JS.  

  3. new scribe logo

    William Clayton handwriting ends; Chauncey Robison begins.  

  4. new scribe logo

    Chauncey Robison handwriting ends; William Clayton begins.