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Appendix: Missouri Extradition Attempt, 1842–1843, Selected Documents

On 6 May 1842, former 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. Mormon missionaries...

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governor Lilburn W. 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 at his home in Independence

Located twelve miles from western Missouri border. Permanently settled, platted, and designated county seat, 1827. Hub for steamboat travel on Missouri River. Point of departure for Santa Fe Trail. Population in 1831 about 300. Mormon population by summer...

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, Missouri. Boggs’s injuries were serious but not fatal. The ensuing criminal investigation focused first on a silversmith named Tompkins.1

McLaws, “Attempted Assassination,” 53–55.  


However, early insinuations about a possible Mormon involvement soon gained greater traction after John C. Bennett

3 Aug. 1804–5 Aug. 1867. Physician, minister, poultry breeder. Born at Fairhaven, Bristol Co., Massachusetts. Son of John Bennett and Abigail Cook. Moved to Marietta, Washington Co., Ohio, 1808; to Massachusetts, 1812; and back to Marietta, 1822. Married ...

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, the former mayor of Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, LDS church purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas. Served as church headquarters, 1839...

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, Illinois, published reports alleging that JS’s associate Orrin Porter Rockwell

28 June 1813–9 June 1878. Ferry operator, herdsman, farmer. Born in Belchertown, Hampshire Co., Massachusetts. Son of Orin Rockwell and Sarah Witt. Moved to Farmington (later in Manchester), Ontario Co., New York, 1817. Neighbor to JS. Baptized into LDS church...

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, who was in Independence at the time of the assassination attempt, committed the crime at the express direction of JS. While no direct evidence implicated either Rockwell or JS, animosity was known to exist between the accused men and Boggs because Boggs had played a pivotal role in the expulsion of the Mormons from Missouri in 1838.
In an affidavit dated 20 July 1842, 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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stated that based on “evidence and information now in his possession,” he believed JS was an accessory before the fact in orchestrating the assassination attempt. Based on that affidavit, 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. Mormon missionaries...

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governor Thomas Reynolds

12 Mar. 1796–9 Feb. 1844. Attorney, politician, judge. Born at Mason Co. (later Bracken Co.), Kentucky. Son of Nathaniel Reynolds and Catherine Vernon. Admitted to Kentucky bar, 1817. Moved to Illinois, by 1818. Served as clerk of Illinois House of Representatives...

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issued a requisition on 22 July 1842 for the extradition of JS from 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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to Missouri, claiming he was a fugitive from justice.2

This requisition began the second of three attempts (1840–1841, 1842–1843, and 1843) to extradite JS to Missouri.  


Illinois governor Thomas Carlin

18 July 1789–14 Feb. 1852. Ferry owner, farmer, sheriff, politician. Born in Fayette Co., Kentucky. Son of Thomas Carlin and Elizabeth Evans. Baptist. Moved to Missouri, by 1803. Moved to Illinois, by 1812. Served in War of 1812. Married Rebecca Hewitt, 13...

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then issued an arrest warrant for JS based on Reynolds’s requisition. JS was arrested in Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, LDS church purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas. Served as church headquarters, 1839...

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on 8 August 1842 and immediately petitioned for a writ of habeas corpus. The Nauvoo Municipal Court granted the writ and ordered JS to appear before it for a hearing on the arrest. The arresting officer, uncertain as to the legality of the municipal court’s actions, returned the writ and arrest warrant to Carlin, thereby necessitating the release of JS. Governor Carlin disputed the effort to review the arrest, claiming that the municipal court lacked legal authority to rule on the warrant. On 20 September 1842, Governor Carlin increased his efforts to comply with Missouri’s extradition request by issuing a proclamation offering a reward to any citizen for the capture of JS, who had gone into hiding to avoid arrest.
In August 1842, Thomas Ford

5 Dec. 1800–3 Nov. 1850. School teacher, newspaperman, lawyer, politician, judge, author. Born in Uniontown, Fayette Co., Pennsylvania. Son of Robert Ford and Elizabeth Logue Forquer. Moved to St. Louis, 1804; to New Design (later American Bottom), Randolph...

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, a lawyer and former associate justice of the 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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Supreme Court, was elected Illinois governor, replacing Thomas Carlin

18 July 1789–14 Feb. 1852. Ferry owner, farmer, sheriff, politician. Born in Fayette Co., Kentucky. Son of Thomas Carlin and Elizabeth Evans. Baptist. Moved to Missouri, by 1803. Moved to Illinois, by 1812. Served in War of 1812. Married Rebecca Hewitt, 13...

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. Following this change in administration, a delegation representing JS traveled from Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, LDS church purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas. Served as church headquarters, 1839...

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to Springfield

Settled by 1819. Incorporated as town, 1832. Became state capital, 1837. Incorporated as city, 1840. Sangamon Co. seat. Population in 1840 about 2,600. Stake of LDS church organized in Springfield, Nov. 1840; discontinued May 1841; branch organized, Jan. ...

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in early December to determine Governor Ford’s disposition regarding the extradition efforts. Meeting with several prominent attorneys, judges, and politicians, including Ford, the delegation concluded that should JS appear in Springfield, the entire situation could be resolved satisfactorily. The delegation also met with Justin Butterfield

1790–Oct. 1855. Teacher, lawyer. Born in Keene, Cheshire Co., New Hampshire. Ca. 1810, moved to Watertown, Jefferson Co., New York, where he taught school and studied law. Admitted to bar, 1812, at Watertown. Practiced law in Adams, Jefferson Co., and Sackets...

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, 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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attorney for the district of Illinois, and retained him to represent JS in the matter.
Accompanied by a few close colleagues, JS left for Springfield

Settled by 1819. Incorporated as town, 1832. Became state capital, 1837. Incorporated as city, 1840. Sangamon Co. seat. Population in 1840 about 2,600. Stake of LDS church organized in Springfield, Nov. 1840; discontinued May 1841; branch organized, Jan. ...

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on 27 December 1842 and arrived on 30 December. Upon JS’s arrival, Butterfield

1790–Oct. 1855. Teacher, lawyer. Born in Keene, Cheshire Co., New Hampshire. Ca. 1810, moved to Watertown, Jefferson Co., New York, where he taught school and studied law. Admitted to bar, 1812, at Watertown. Practiced law in Adams, Jefferson Co., and Sackets...

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recommended filing a new petition for a writ of habeas corpus in federal court before Judge Nathaniel Pope

5 Jan. 1784–22 Jan. 1850. Lawyer, judge. Born at present-day Louisville, Jefferson Co., Kentucky. Son of William Pope and Penelope Edwards. Graduated from Transylvania University, 1806, at Lexington, Fayette Co., Kentucky. Moved to St. Genevieve, St. Genevieve...

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. As the petition needed to be based on an arrest and as the original arrest warrant was not immediately available, the following day (Saturday, 31 December 1842) Butterfield filed a petition for a new arrest warrant. Governor Ford

5 Dec. 1800–3 Nov. 1850. School teacher, newspaperman, lawyer, politician, judge, author. Born in Uniontown, Fayette Co., Pennsylvania. Son of Robert Ford and Elizabeth Logue Forquer. Moved to St. Louis, 1804; to New Design (later American Bottom), Randolph...

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issued the new arrest warrant the same day, and Butterfield filed a petition for a writ of habeas corpus. Pope granted and issued the writ, set bail at $4,000, and scheduled the hearing on the writ for the following Monday, 2 January 1843.
On Monday morning, JS (represented by Butterfield

1790–Oct. 1855. Teacher, lawyer. Born in Keene, Cheshire Co., New Hampshire. Ca. 1810, moved to Watertown, Jefferson Co., New York, where he taught school and studied law. Admitted to bar, 1812, at Watertown. Practiced law in Adams, Jefferson Co., and Sackets...

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) and 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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(represented by Illinois attorney general Josiah Lamborn

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

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) appeared before Judge Pope

5 Jan. 1784–22 Jan. 1850. Lawyer, judge. Born at present-day Louisville, Jefferson Co., Kentucky. Son of William Pope and Penelope Edwards. Graduated from Transylvania University, 1806, at Lexington, Fayette Co., Kentucky. Moved to St. Genevieve, St. Genevieve...

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. Lamborn asked for a continuance to prepare for the hearing on the writ. Pope granted the request and moved the hearing to Wednesday, 4 January 1843.
At the hearing, Lamborn

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

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, speaking first, made two substantive arguments: First, the case should be dismissed because the federal court lacked jurisdiction to rule on the arrest warrant and underlying requisition as these matters were governed by the state. Second, no factual inquiry was appropriate and the court should consider only any procedural irregularities in the extradition pleadings. Butterfield

1790–Oct. 1855. Teacher, lawyer. Born in Keene, Cheshire Co., New Hampshire. Ca. 1810, moved to Watertown, Jefferson Co., New York, where he taught school and studied law. Admitted to bar, 1812, at Watertown. Practiced law in Adams, Jefferson Co., and Sackets...

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and his associate counsel, Benjamin Edwards

13 June 1818–4 Feb. 1886. Lawyer, judge. Born at Edwardsville, Madison Co., Illinois. Son of Ninian Edwards and Elvira Lane. Moved to Belleville, St. Clair Co., Illinois, 1824. Graduated from Yale, 1838, in New Haven, New Haven Co., Connecticut. Admitted ...

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, countered that a matter of extradition arising between two states was inherently, perhaps exclusively, a federal issue as contemplated by 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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Constitution. Second, Butterfield argued that it was appropriate for the court to examine both the legal sufficiency and the accuracy of the facts underlying the extradition request. This argument included an attack on the admissibility of 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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’s affidavit and proffered additional affidavits rebutting the facts alleged by Boggs. These affidavits were submitted to establish that JS could not be considered a fugitive from 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. Mormon missionaries...

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justice because he was in Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, LDS church purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas. Served as church headquarters, 1839...

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when the assassination attempt occurred.
The following day, Judge Pope

5 Jan. 1784–22 Jan. 1850. Lawyer, judge. Born at present-day Louisville, Jefferson Co., Kentucky. Son of William Pope and Penelope Edwards. Graduated from Transylvania University, 1806, at Lexington, Fayette Co., Kentucky. Moved to St. Genevieve, St. Genevieve...

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announced his opinion from the bench. He ruled that the federal court had jurisdiction over the proceedings as conferred on it by 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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Constitution. Pope then addressed the merits of the case, ruling that he did not need to determine the admissibility of the affidavits submitted by JS, his colleagues, and others, as the 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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affidavit itself was insufficient to support the requisition. Pope found Boggs’s allegations to be both opinion and conclusions of law, neither of which were admissible factual contentions. Finally, the Boggs affidavit failed to aver that JS had actually fled from the 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. Mormon missionaries...

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, a prerequisite to his being classified as a fugitive; Missouri governor Reynolds

12 Mar. 1796–9 Feb. 1844. Attorney, politician, judge. Born at Mason Co. (later Bracken Co.), Kentucky. Son of Nathaniel Reynolds and Catherine Vernon. Admitted to Kentucky bar, 1817. Moved to Illinois, by 1818. Served as clerk of Illinois House of Representatives...

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’s inclusion of such an allegation in the requisition did not remedy this defect. Based on these findings, Judge Pope ordered the discharge of JS.
Relying in part on the notes that Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813. Moved to Chatham, Columbia...

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had taken throughout the proceedings, Pope

5 Jan. 1784–22 Jan. 1850. Lawyer, judge. Born at present-day Louisville, Jefferson Co., Kentucky. Son of William Pope and Penelope Edwards. Graduated from Transylvania University, 1806, at Lexington, Fayette Co., Kentucky. Moved to St. Genevieve, St. Genevieve...

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prepared a written opinion of his 5 January ruling. This opinion was first published on 16 January 1843 in the Times and Seasons; soon after, it was published in the Springfield

Settled by 1819. Incorporated as town, 1832. Became state capital, 1837. Incorporated as city, 1840. Sangamon Co. seat. Population in 1840 about 2,600. Stake of LDS church organized in Springfield, Nov. 1840; discontinued May 1841; branch organized, Jan. ...

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newspaper Sangamo Journal, as well as in various other newspapers, including the Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, LDS church purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas. Served as church headquarters, 1839...

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newspaper The Wasp. The official version of Judge Pope’s opinion was first published in McLean’s Reports in 1847.3

A comparison of the earlier published versions with the McLean version shows no substantive differences.  


 
Documents
1. Lilburn W. Boggs, Affidavit, 20 July 1842
2. Thomas Reynolds, Requisition, 22 July 1842
3. Thomas Carlin, Proclamation, 20 September 1842
4. Joseph Smith, Petition for New Arrest Warrant, 31 December 1842
5. Arrest Warrant, 31 December 1842
6. Joseph Smith, Petition for Writ of Habeas Corpus, 31 December 1842
7. Writ of Habeas Corpus, 31 December 1842
8. Joseph Smith, Affidavit, 2 January 1843
9. Wilson Law and Others, Affidavit, 4 January 1843
10. Jacob B. Backenstos and Stephen A. Douglas, Affidavit, 4 January 1843
11. Court Ruling, 5 January 1843
12. Thomas Ford, Order Discharging Joseph Smith, 6 January 1843

Facts