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Petition to Chauncey Robison, 26 December 1842 [Extradition of JS for Accessory to Assault]
Source Note
Source Note
JS, Petition, [], Hancock Co., IL, to , [, Hancock Co., IL], 26 Dec. 1842, Extradition of JS for Accessory to Assault (Hancock Co., IL, Circuit Court 1842); handwriting of ; signature of JS; endorsement by , 27 Dec. 1842; three pages. Includes endorsement and archival marking. The microfilm copy of the text used for transcription is in reel 25 of the Wilford C. Wood Collection of Church Historical Materials, CHL.
Two leaves of unknown dimensions. The document was folded in half twice.
The document was docketed by , who served as scribe to JS from 1842 to 1844. Wilford C. Wood purchased this petition and other materials from Charles E. Bidamon, ’s stepson, on 10 July 1937. An alphanumeric code (“4-N-b-2”) inscribed in graphite on the upper right corner of the recto of the first leaf indicates that the petition was part of the Wilford C. Wood collection when LaMar Berrett created a register for the collection during the summers of 1969 and 1970. In 1973 the manuscript was microfilmed by the Genealogical Society of Utah; the microfilm is held in the Church History Library. The location of the original document is unknown.
Footnotes
- [1]
JS, Journal, 29 June 1842; “Clayton, William,” in Jenson, Latter-day Saint Biographical Encyclopedia, 1:718.
Jenson, Andrew. Latter-day Saint Biographical Encyclopedia: A Compilation of Biographical Sketches of Prominent Men and Women in the Church of Jesus Christ of Latter-day Saints. 4 vols. Salt Lake City: Andrew Jenson History Co., 1901–1936.
- [2]
Charles E. Bidamon, Wilmette, IL, to Wilford C. Wood, Woods Cross, UT, 28 June 1937; Charles E. Bidamon, Statement of Sale, 10 July 1937; Wilford C. Wood, Statement, 10 July 1937, microfilm, reel 16, Wilford C. Wood Collection of Church Historical Materials, CHL.
Wood, Wilford C. Collection of Church Historical Materials. Microfilm. CHL. MS 8617.
- [3]
Berrett, Wilford C. Wood Collection, 97.
Berrett, LaMar C. The Wilford C. Wood Collection: An Annotated Catalog of Documentary- Type Materials in the Wilford C. Wood Collection. Vol. 1. [Woods Cross, UT]: Wilford C. Wood Foundation, 1972.
- [4]
Wilford C. Wood Collection of Church Historical Materials, CHL.
Wood, Wilford C. Collection of Church Historical Materials. Microfilm. CHL. MS 8617.
- [5]
Church History Department, Wilford Wood Museum Memorandum, 26 Jan. 2018, CHL.
Church History Department. Wilford Wood Museum Memorandum, 26 Jan. 2018. CHL.
Historical Introduction
Historical Introduction
On 26 December 1842, JS wrote a petition to , the , Illinois, master in , for a writ of . The petition was part of JS’s ongoing efforts to block attempts by the state of to extradite him for allegedly acting as an accessory before the fact to the attempted assassination of in May 1842. Immediately following the arrests of JS and in August on orders from governor , the municipal court in , Illinois, issued a writ of habeas corpus. Although he was uncertain of the legality of the Municipal Court’s writ, , Illinois, undersheriff released JS and Rockwell into the custody of Nauvoo city marshal and returned to , Illinois, to await further instructions. In response to Illinois officials’ persistent attempts to arrest him again, JS spent most of the next several months in hiding.
JS’s efforts to legally block extradition were aided in December when the newly elected governor of , , assured a delegation of Latter-day Saints that he believed ’s arrest warrant was illegal. Ford promised to consult with members of the Illinois Supreme Court on the matter and then to abide by “whatever they concluded.” Following several days of deliberation, Ford wrote to JS on 17 December to inform him that the supreme court justices with whom he had consulted had unanimously concurred that ’s requisition was illegal but that, because of “much excitement on the subject,” they disagreed about the propriety of Ford’s dismissing an arrest warrant issued by his predecessor. Instead, Ford and the judges proposed a solution they hoped would satisfy all of the parties involved. Reporting on the discussions between Ford and the judges, JS’s attorney informed the Latter-day Saint delegation that they had determined that “it were better that Pres. Joseph should appear on a write of Habeas Corpus” in , Illinois. Butterfield continued that he was certain JS would “be discharged by the Supreme Court and no one would be liable to censure.”
Accordingly, on 26 December 1842, major general arrested JS, and then JS and his advisors evidently drafted a petition to the master in chancery for a writ of habeas corpus. Law’s authorization to make the arrest came from a proclamation issued on 20 September 1842, the text of which JS inserted in the December petition featured here. It is not entirely clear why JS petitioned for a writ of habeas corpus in Hancock County. Evidence seems to indicate, however, that JS and his associates originally intended to have the Supreme Court adjudicate the matter, which a writ from Hancock County would have facilitated. Furthermore, Illinois state law prohibited “any officer, sheriff, jailer, keeper, or other person” from removing a prisoner holding a writ of habeas corpus from the custody of the arresting officer prior to a legal hearing on the writ. JS and his advisors likely assumed that state law would protect JS from extradition if he traveled to holding a writ of habeas corpus while under arrest. and took JS’s petition to , Illinois, and obtained the order for the writ from . On 27 December 1842, Robison instructed the Hancock County Circuit Court to issue the writ, inscribing the instructions at the bottom of the petition. Despite their efforts, Sherwood and Clayton were unable to secure the writ because the court’s clerk, , was not present to issue it, having left for Springfield in connection with his recent election to the state senate. JS and his party were therefore compelled to continue to Springfield without a writ.
drafted the petition. He then made a fair copy, which JS signed, that he and submitted to . As the officially submitted petition, the version Robison endorsed is featured here.
Footnotes
- [1]
Illinois state law stipulated that each county have a master in chancery whose routine responsibilities included taking depositions, administering oaths, and, in the absence of the presiding circuit court judge, authorizing writs of habeas corpus. In 1842 the Hancock County Circuit Court met in May and October, meaning that the court was not in session during December 1842, when JS requested this writ. (An Act to Provide for Issuing Writs of Ne Exeat and Habeas Corpus, and for Other Purposes [11 Feb. 1835], Public and General Statute Laws of the State of Illinois, p. 145, sec. 2; An Act to Establish Circuit Courts [23 Feb. 1841], Laws of the State of Illinois [1840–1841], p. 108, sec. 18.)
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.
Laws of the State of Illinois, Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835. Vandalia, IL: J. Y. Sawyer, 1835.
- [2]
- [3]
Thomas King, the undersheriff of Adams County, Illinois, retained the original warrants for JS and Rockwell. The Nauvoo Municipal Court’s copies date the originals to 2 August 1842. (Thomas Carlin, Warrant, 2 Aug. 1842, Ex Parte JS for Accessory to Boggs Assault [C.C.D. Ill. 1843], copy, Nauvoo, IL, Records, CHL; Petition to Nauvoo Municipal Court, 8 Aug. 1842; Orrin Porter Rockwell, Petition to Nauvoo Municipal Court, 8 Aug. 1842, copy, Nauvoo, IL, Records, CHL.)
- [4]
JS, Journal, 8 Aug. 1842. On 5 July 1842, anticipating that Missouri would try to extradite JS, the Nauvoo City Council passed a broad habeas corpus law that allowed the Nauvoo Municipal Court to review all arrests made within the city. (Nauvoo City Council Minute Book, 5 July 1842, 86–87.)
- [5]
JS, Journal, 9–20 Dec. 1842; Clayton, Journal, 14 Dec. 1842. Ford served as a justice on the state supreme court from 1841 to 1842 and was therefore seeking the opinion of his recent colleagues. (Garraty and Carnes, American National Biography, 8:249.)
Clayton, William. Journals, 1842–1845. CHL.
Garraty, John A., and Mark C. Carnes. American National Biography. New York: American Council of Learned Societies, 1999.
- [6]
Letter from Thomas Ford, 17 Dec. 1842; Clayton, Journal, 15–17 Dec. 1842.
Clayton, William. Journals, 1842–1845. CHL.
- [7]
Clayton, Journal, 15 Dec. 1842.
Clayton, William. Journals, 1842–1845. CHL.
- [8]
Thomas Carlin, Proclamation, 20 Sept. 1842; JS, Journal, 26 Dec. 1842; Clayton, Journal, 26–27 Dec. 1842.
Clayton, William. Journals, 1842–1845. CHL.
- [9]
An Act Regulating the Proceeding on Writs of Habeas Corpus [22 Jan. 1827], Public and General Statute Laws of the State of Illinois, p. 326, sec. 11.
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.
- [10]
JS, Journal, 26 Dec. 1842; Clayton, Journal, 26–27 Dec. 1842.
Clayton, William. Journals, 1842–1845. CHL.
- [11]
JS, Journal, 26–27 Dec. 1842; Clayton, Journal, 27 Dec. 1842. Although the master in chancery was responsible for ordering the writ, only the clerk could issue it. (An Act to Provide for Issuing Writs of Ne Exeat and Habeas Corpus, and for Other Purposes [11 Feb. 1835], Public and General Statute Laws of the State of Illinois, p. 145, sec. 2; “Master in Chancery,” in Bouvier, Law Dictionary, 2:105.)
Clayton, William. Journals, 1842–1845. CHL.
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.
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: Deacon and Peterson, 1854.
- [12]
“Petition of Joseph Smith for a Writ of Habeas Corpus,” 26 Dec. 1842, draft, JS Collection, CHL; Clayton, Journal, 26 Dec. 1842.
Clayton, William. Journals, 1842–1845. CHL.
State of Illinois)
)
To Esqr
Master in 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]]
Source Note
Source Note
Document Transcript
Document Information
Document Information
Footnotes
Footnotes
William Clayton handwriting begins.
- [1]
At the time he wrote this petition, JS likely intended to bring the case before the Illinois Supreme Court. Ultimately, he opted to bring his petition before the United States Circuit Court for the District of Illinois. (See Clayton, Journal, 14–17 Dec. 1842; Petition to the United States Circuit Court for the District of Illinois, 31 Dec. 1842; and JS, Journal, 4 Jan. 1843.)
Clayton, William. Journals, 1842–1845. CHL.
- [2]
In making this case, JS was following advice he had received from Justin Butterfield, who explained that the United States Constitution stipulated that states must extradite individuals only in cases where the accused fled from the state in which the alleged crime occurred. Butterfield encouraged JS to “place himself upon the platform of the Constitution of the United States and say I am a citizen of the State of Illinois. I have not fled from the State of Missouri or from the ‘justice’ of that state on account of the commission of the crime with which I am charged. I am ready to prove that the charge of having fled from that State is false, and I am not therefore subject under the Constitution of the U. S. to be delivered up to that state for trial.” JS had not been in Missouri since his escape from the state in April 1839. (Justin Butterfield, Chicago, IL, to Sidney Rigdon, [Nauvoo, IL], 20 Oct. 1842, Sidney Rigdon, Collection, CHL; U.S. Constitution, art. 4, sec. 2, clause 2; see also Court Ruling, 5 Jan. 1843; and JS, Journal, 16 and 22–23 Apr. 1839.)
Rigdon, Sidney. Collection, 1831–1858. CHL. MS 713.
- [3]
On 14 May 1842, JS heard rumors that Boggs had been shot, and he received confirmation of the shooting the following day. Later information clarified that the shooting was not fatal. (JS, Journal, 14–15 May 1842; Woodruff, Journal, 15 May 1842.)
Woodruff, Wilford. Journals, 1833–1898. Wilford Woodruff, Journals and Papers, 1828–1898. CHL. MS 1352.