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

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

3. Thomas Carlin, Proclamation, 20 September 1842


Editorial Note
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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, “Proclamation,” 20 Sept. 1842, published in Illinois Register (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. ...

More Info
), vol. 7, no. 32 (new series vol. 4, no. 9), 30 Sept. 1842, p. [3]; edited by William Walters and George R. Weber. The microfilm copy of the text excerpted herein was filmed by the Department of Photographic Reproductions, University of Chicago Library, Chicago, IL, 1968.

PROCLAMATION.
Executive Department, Ill

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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.,
)
September 20th, 1842.)
WHEREAS, a requistion has been made upon me, as the executive 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...

More Info
, by the Governor

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...

View Full Bio
of 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. Mormon missionaries...

More Info
, for the apprehension and surrender of O. P. Rockwell

June 1814–9 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...

View Full Bio
who is charged with the crime of shooting 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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with intent to kill, in the County of Jackson

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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and State of Missouri on the night of the Sixth day of May A D. 1842. And whereas, a demand has also been made by the Governor

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...

View Full Bio
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. Mormon missionaries...

More Info
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 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...

View Full Bio
at the time and place aforesaid, with intent to kill.
And whereas in obedience to the Constitution and Laws 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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, and 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...

More Info
, executive warrants6

Omitted letter “w” supplied from another copy of the item.  


have been issued, and the said Rockwell

June 1814–9 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...

View Full Bio
and Smith arrested as fugitives from justice from 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. Mormon missionaries...

More Info
.
And whereas, the said Rockwell

June 1814–9 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...

View Full Bio
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, 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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, Governor 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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, 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: O. P. Rockwell

June 1814–9 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...

View Full Bio
and Joseph Smith, to the custody of James M Pitman

5 Nov. 1813–24 Feb. 1879. Lumber dealer, real estate broker, housing contractor, railroad director, prison warden. Born at St. Charles Co., Missouri. Son of Richard Berry Pittman and Lucinda Hutchings. Adhered to Quaker faith. Moved to Quincy, Adams Co., ...

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and Thomas C. King

25 July 1806–17 Apr. 1854. Merchant. Born in Virginia. Lived at Quincy, Adams Co., Illinois, by Jan. 1832. Served as constable, beginning Aug. 1835. Married Juliett Ann McDade, 9 June 1836, in Adams Co. Served as Adams Co. coroner, by Aug. 1836. Served as...

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, or to the sheriff of Adams county at the city of Quincy

Located on high limestone bluffs east of Mississippi River, about forty-five miles south of Nauvoo. Settled 1821. Adams Co. seat, 1825. Incorporated as town, 1834. Received city charter, 1840. Population in 1835 about 800; in 1840 about 2,300; and in 1845...

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.
In testimony whereof, I have hereunto set my hand, and caused the great seal of State to be affixed the day and date above mentioned.
-[L.S]-7

“L.S” is an abbreviation for locus sigilli, Latin for “location of the seal.”  


By the Governor,
THO. 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...

View Full Bio
.
Lyman Trumbull

12 Oct. 1813–25 June 1896. Teacher, lawyer, judge, statesman. Born in Colchester, New London Co., Connecticut. Son of Benjamin Trumbull and Elizabeth Mather. Moved to Greenville, Meriwether Co., Georgia, 1833. Admitted to bar, 1837, in Georgia. Moved to Belleville...

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, Sec. of 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...

More Info
.
The Fulton Advocate, Quincy

Located on high limestone bluffs east of Mississippi River, about forty-five miles south of Nauvoo. Settled 1821. Adams Co. seat, 1825. Incorporated as town, 1834. Received city charter, 1840. Population in 1835 about 800; in 1840 about 2,300; and in 1845...

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Herald, Galena

County seat. Originally known as the Point; laid out and named Galena, 1826. Principal town in lead-mine country. Received city charter, 1841. Population in 1840 about 1,800. Population in 1845 about 4,000. Several Saints worked in mines while Nauvoo temple...

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Sentinel, and Rockford Pilot, will copy the above 2 weeks.
9–2w–$3. [p. [3]]

3. Thomas Carlin, Proclamation, 20 September 1842


Editorial Note
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...

View Full Bio
, “Proclamation,” 20 Sept. 1842, published in Illinois Register (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. ...

More Info
), vol. 7, no. 32 (new series vol. 4, no. 9), 30 Sept. 1842, p. [3]; edited by William Walters and George R. Weber. The microfilm copy of the text excerpted herein was filmed by the Department of Photographic Reproductions, University of Chicago Library, Chicago, IL, 1968.

PROCLAMATION.
Executive Department, Ill

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...

More Info
.,
)
September 20th, 1842.)
WHEREAS, a requistion has been made  upon me, as the executive 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...

More Info
,  by the Governor

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...

View Full Bio
of 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. Mormon missionaries...

More Info
, for the  apprehension and surrender of O. P. Rockwell

June 1814–9 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...

View Full Bio
 who is charged with the crime of shooting 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...

View Full Bio
with intent to kill, in the County of  Jackson

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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and State of Missouri on the night of the  Sixth day of May A D. 1842. And whereas, a  demand has also been made by the Governor

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...

View Full Bio
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. Mormon missionaries...

More Info
upon me for the apprehension and sur render of Joseph Smith (commonly called the  Mormon Prophet) who is charged with the crime  of being accessory to the shooting of 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...

View Full Bio
 at the time and place aforesaid, with intent to  kill.
And whereas in obedience to the Constitution  and Laws 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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, and 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...

More Info
,  executive [w]arrants6

Omitted letter “w” supplied from another copy of the item.  


have been issued, and the said  Rockwell

June 1814–9 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...

View Full Bio
and Smith arrested as fugitives from  justice from 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. Mormon missionaries...

More Info
.
And whereas, the said Rockwell

June 1814–9 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...

View Full Bio
and Smith re sisted 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, 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...

View Full Bio
, Governor  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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, in conformity to an act  entitled “An act concerning fugitives from jus tice,” approved January 6, 1827, do offer a re ward of two hundred dollars to any person or per sons, for the apprehension and delivery of each,  or either of the above named fugitives from justice,  viz: O. P. Rockwell

June 1814–9 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...

View Full Bio
and Joseph Smith, to the  custody of James M Pitman

5 Nov. 1813–24 Feb. 1879. Lumber dealer, real estate broker, housing contractor, railroad director, prison warden. Born at St. Charles Co., Missouri. Son of Richard Berry Pittman and Lucinda Hutchings. Adhered to Quaker faith. Moved to Quincy, Adams Co., ...

View Full Bio
and Thomas C. King

25 July 1806–17 Apr. 1854. Merchant. Born in Virginia. Lived at Quincy, Adams Co., Illinois, by Jan. 1832. Served as constable, beginning Aug. 1835. Married Juliett Ann McDade, 9 June 1836, in Adams Co. Served as Adams Co. coroner, by Aug. 1836. Served as...

View Full Bio
,  or to the sheriff of Adams county at the city of  Quincy

Located on high limestone bluffs east of Mississippi River, about forty-five miles south of Nauvoo. Settled 1821. Adams Co. seat, 1825. Incorporated as town, 1834. Received city charter, 1840. Population in 1835 about 800; in 1840 about 2,300; and in 1845...

More Info
.
In testimony whereof, I have hereunto set my  hand, and caused the great seal of State  to be affixed the day and date above men tioned.
-[L.S]-7

“L.S” is an abbreviation for locus sigilli, Latin for “location of the seal.”  


By the Governor,
THO. 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...

View Full Bio
.
Lyman Trumbull

12 Oct. 1813–25 June 1896. Teacher, lawyer, judge, statesman. Born in Colchester, New London Co., Connecticut. Son of Benjamin Trumbull and Elizabeth Mather. Moved to Greenville, Meriwether Co., Georgia, 1833. Admitted to bar, 1837, in Georgia. Moved to Belleville...

View Full Bio
, Sec. of 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...

More Info
.
The Fulton Advocate, Quincy

Located on high limestone bluffs east of Mississippi River, about forty-five miles south of Nauvoo. Settled 1821. Adams Co. seat, 1825. Incorporated as town, 1834. Received city charter, 1840. Population in 1835 about 800; in 1840 about 2,300; and in 1845...

More Info
Herald, Galena

County seat. Originally known as the Point; laid out and named Galena, 1826. Principal town in lead-mine country. Received city charter, 1841. Population in 1840 about 1,800. Population in 1845 about 4,000. Several Saints worked in mines while Nauvoo temple...

More Info
 Sentinel, and Rockford Pilot, will copy the above  2 weeks.
9–2w–$3. [p. [3]]
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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

June 1814–9 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