Petition to Thomas Ford, 31 December 1842 [Extradition of JS for Accessory to Assault], Page 1
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Introduction to Extradition of JS for Accessory to Assault Proclamation, 11 May 1842 [Extradition of JS for Accessory to Assault] Lilburn W. Boggs, Affidavit, 20 July 1842 [Extradition of JS for Accessory to Assault] Lilburn W. Boggs, Affidavit, 20 July 1842, Lyman Trumbull Copy [Extradition of JS for Accessory to Assault] Lilburn W. Boggs, Affidavit, 20 July 1842, William Clayton Copy [Extradition of JS for Accessory to Assault] Thomas Reynolds, Requisition, 22 July 1842 [Extradition of JS for Accessory to Assault] Thomas Reynolds, Requisition, 22 July 1842, Lyman Trumbull Copy [Extradition of JS for Accessory to Assault] Thomas Reynolds, Requisition, 22 July 1842, William Clayton Copy [Extradition of JS for Accessory to Assault] Memorandum of Proclamation, 19 September 1842 [Extradition of JS for Accessory to Assault] Warrant, 2 August 1842, Sylvester Emmons and William Clayton Copy [Extradition of JS for Accessory to Assault] Warrant, 2 August 1842, James Sloan Copy [Extradition of JS for Accessory to Assault] Thomas Carlin, Proclamation, 20 September 1842, as Published in Illinois Register [Extradition of JS for Accessory to Assault] Thomas Carlin, Proclamation, 20 September 1842, William Clayton First Copy [Extradition of JS for Accessory to Assault] Thomas Carlin, Proclamation, 20 September 1842, William Clayton Second Copy [Extradition of JS for Accessory to Assault] Petition to Thomas Ford, 31 December 1842 [Extradition of JS for Accessory to Assault] Petition to Thomas Ford, 31 December 1842, Lyman Trumbull Copy [Extradition of JS for Accessory to Assault] Warrant, 31 December 1842 [Extradition of JS for Accessory to Assault] Warrant, 31 December 1842, William Clayton Copy [Extradition of JS for Accessory to Assault] Petition to Nauvoo Municipal Court, 8 August 1842 [Extradition of JS for Accessory to Assault] Habeas Corpus, 8 August 1842 [Extradition of JS for Accessory to Assault] Habeas Corpus, 8 August 1842, Copy [Extradition of JS for Accessory to Assault] Docket Entry, circa 8 August 1842 [Extradition of JS for Accessory to Assault] Habeas Corpus, 10 August 1842 [Extradition of JS for Accessory to Assault] Habeas Corpus, 10 August 1842, Copy [Extradition of JS for Accessory to Assault] Petition to Chauncey Robison, 26 December 1842, Draft [Extradition of JS for Accessory to Assault] Petition to Chauncey Robison, 26 December 1842 [Extradition of JS for Accessory to Assault] Petition to the United States Circuit Court for the District of Illinois, 31 December 1842, Willard Richards Copy [Extradition of JS for Accessory to Assault] Petition to the United States Circuit Court for the District of Illinois, 31 December 1842, William Clayton Copy [Extradition of JS for Accessory to Assault] Docket Entry, Petition and Order for Habeas Corpus, 31 December 1842 [Extradition of JS for Accessory to Assault] Habeas Corpus, 31 December 1842, Willard Richards Copy [Extradition of JS for Accessory to Assault] Habeas Corpus, 31 December 1842, William Clayton Copy [Extradition of JS for Accessory to Assault] Docket Entry, Return of Habeas Corpus, Bond, and Order, 31 December 1842 [Extradition of JS for Accessory to Assault] Order, 31 December 1842 [Extradition of JS for Accessory to Assault] Order, 31 December 1842, Copy [Extradition of JS for Accessory to Assault] Affidavit, 2 January 1843, William Clayton Copy [Extradition of JS for Accessory to Assault] Docket Entry, Affidavit, Motion, and Continuance, 2 January 1843 [Extradition of JS for Accessory to Assault] Motion, circa 3 January 1843 [Extradition of JS for Accessory to Assault] Docket Entry, Motion, 4 January 1843 [Extradition of JS for Accessory to Assault] Wilson Law and Others, Affidavit, 4 January 1843, Willard Richards Copy [Extradition of JS for Accessory to Assault] Jacob B. Backenstos and Stephen A. Douglas, Affidavit, 4 January 1843 [Extradition of JS for Accessory to Assault] Docket Entry, Motion Overruled and Discharge, 5 January 1843 [Extradition of JS for Accessory to Assault] Trial Report, 5–19 January 1843, as Published in the Sangamo Journal [Extradition of JS for Accessory to Assault] Trial Report, 5–19 January 1843, as Published in Reports [Extradition of JS for Accessory to Assault] Thomas Ford, Order, 6 January 1843 [Extradition of JS for Accessory to Assault] Transcript of Proceedings, 6 January 1843 [Extradition of JS for Accessory to Assault]

Petition to Thomas Ford, 31 December 1842 [Extradition of JS for Accessory to Assault]

Source Note

JS, Petition, [, Sangamon Co., IL], to , [, Sangamon Co., IL], 31 Dec. 1842, Extradition of JS for Accessory to Assault (State of IL, Office of the Governor 1842); handwriting of ; signature of JS; docket and notation by unidentified scribe, [, Sangamon Co., IL], ca. 31 Dec. 1842; endorsement by and , [ca. 31 Dec. 1842]; two pages; Joseph Smith Extradition Records, Abraham Lincoln Presidential Library & Museum, Springfield, IL. Includes notation, docket, and endorsement.
Single leaf, measuring 12½ × 7⅞ inches (32 × 20 cm). The lower third of the verso includes an endorsement. The document was folded twice horizontally, creating four panels. Marked damage has resulted in a significant number of holes and loss of text. The document has undergone conservation.
The provenance of this document is unknown. The Illinois State Historical Library (now Abraham Lincoln Presidential Library and Museum) accessioned the Joseph Smith Extradition Records in 1971, although institutional records indicate the collection was “previously acquired.”

Footnotes

  1. [1]

    Correspondence between Joseph Smith Papers editors and manuscripts curator at the Abraham Lincoln Presidential Library, Springfield, IL, 10 Apr. 2019, copy in editors’ possession.

    Gillett Family Papers, 1736–1904. Abraham Lincoln Presidential Library, Springfield, IL.

Historical Introduction

While in , Illinois, on 31 December 1842, JS petitioned governor to issue a new warrant for JS’s own arrest. He needed a new warrant in order to facilitate his application for a writ of from the Circuit Court for the District of Illinois.
Early in December, secretary of state had written a letter to , constable of , Illinois, directing whomever possessed the original arrest warrant for JS to bring it to and deliver it to , sheriff of , who would then arrest JS. JS planned to apply for a writ of habeas corpus after being arrested so that the case could be tried by the Illinois Supreme Court. Based on assurances from Illinois officials that ’s extradition requisition was illegal, JS submitted to arrest by on 26 December. The following day, on JS’s behalf, and submitted an application to , the master in for , Illinois, for a writ of habeas corpus, which JS hoped would allow him to travel in greater safety to Springfield. Although Robison granted the writ, it remained unsigned and invalid because court clerk had departed for Springfield, having been recently elected to the Illinois Senate.
Following the arrest, JS traveled in ’s custody to , accompanied by a group of supporters. The party arrived on 30 December and lodged at the home of , a Latter-day Saint probate judge living in the city. Having been unable to secure the necessary signatures from the Circuit Court, JS needed to apply for a writ from either the Supreme Court or the Circuit Court for the District of Illinois. Despite earlier indications that JS intended to take his case to the state supreme court, on 30 December the United States circuit court determined to adjudicate the matter. , JS’s attorney in the hearing, evidently believed that this particular matter could be resolved only in a federal court. Butterfield informed JS that Judge had extended the term of his court “on account of JS’s case” but would close the court the following day. In order for Pope to try the case, JS had to obtain a writ of habeas corpus in Springfield, which required him to present a copy of the warrant for arrest. claimed that the undersheriff of , , possessed the original warrant and that “he was coming up some time & he would bring it” to Springfield. On 31 December, however, Butterfield visited JS at Adams’s home and informed him that “the Sherif of Adams Co did not appear willing to bring forward the writ.” Accordingly, JS “signed a pitition to Gov Ford” asking him to issue a new warrant so “that his case might be tried theron.”
received the petition and issued the new warrant the same day. , the deputy sheriff of , took possession of the warrant that morning and served it on JS at ’s home. With the new warrant, JS applied the same day for a writ of habeas corpus from the circuit court and then took the writ to before the close of the court. The court created a certified copy of the petition for JS. The version featured here is the original petition drafted by and endorsed by Ford.
See also Introduction to Extradition of JS for Accessory to Assault and Appendix 1: Missouri Extradition Attempt, 1842–1843, Selected Documents, Introduction.

Footnotes

  1. [1]

    Lyman Trumbull, Springfield, IL, to James Pitman, Quincy, IL, Dec. [1842], Secretary of State, General Correspondence, Illinois State Archives, Springfield.

    Illinois Governor’s Correspondence, 1816–1852. Illinois State Archives, Springfield.

  2. [2]

    Letter from Thomas Ford, 17 Dec. 1842; Letter from James Adams, 17 Dec. 1842; Letter from Justin Butterfield, 17 Dec. 1842; Clayton, Journal, 16–17 Dec. 1842; Petition to the United States Circuit Court for the District of Illinois, 31 Dec. 1842.

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

  3. [3]

    Letter from Thomas Ford, 17 Dec. 1842; Letter from James Adams, 17 Dec. 1842; Letter from Justin Butterfield, 17 Dec. 1842.

  4. [4]

    Petition to Chauncey Robison, 26 Dec. 1842; Clayton, Journal, 26–27 Dec. 1842.

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

  5. [5]

    JS, Journal, 30 Dec. 1842. The party accompanying JS to Springfield included Hyrum Smith, John Taylor, William Marks, Levi Moffet, Peter Haws, Lorin Walker, Willard Richards, and Orson Hyde. Partway to Carthage, Illinois (approximately twenty miles southeast of Nauvoo, Illinois), they met up with Sherwood and Clayton. JS boarded with Adams on at least one previous stay in Springfield. (JS, Journal, 27 Dec. 1842; Historical Introduction to Letter of Introduction from James Adams, 9 Nov. 1839.)

  6. [6]

    Court Ruling, 5 Jan. 1843.

  7. [7]

    JS, Journal, 30 Dec. 1842.

  8. [8]

    An Act Regulating the Proceeding on Writs of Habeas Corpus [22 Jan. 1827], Public and General Statute Laws of the State of Illinois, p. 322, 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.

  9. [9]

    JS, Journal, 30–31 Dec. 1842.

  10. [10]

    Clayton, Journal, 31 Dec. 1842.

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

  11. [11]

    JS, Journal, 31 Dec. 1842.

  12. [12]

    Ford addressed the warrant directly to the sheriff of Sangamon County, William F. Elkin. It instructed Elkin to apprehend JS and deliver him to Edward Ford, who acted as an agent for the state of Missouri and who would return JS to that state. (Arrest Warrant, 31 Dec. 1842.)

  13. [13]

    JS, Journal, 31 Dec. 1842; Petition to the United States Circuit Court for the District of Illinois, 31 Dec. 1842.

  14. [14]

    JS, Petition to Thomas Ford, 31 Dec. 1842, copy, JS Collection, CHL. On 6 January 1843, JS’s party received certified copies of documents most relevant to the case, including an affidavit from Lilburn W. Boggs, Thomas Reynolds’s requisition, the various versions of the arrest warrant, and other affidavits. (JS, Journal, 6 Jan. 1843.)

Asterisk (*) denotes a "featured" version, which includes an introduction and annotation.
Petition to Thomas Ford, 31 December 1842 [ Extradition of JS for Accessory to Assault ]
Petition to Thomas Ford, 31 December 1842, Lyman Trumbull Copy [ Extradition of JS for Accessory to Assault ]

Page [1]

To his excelcy
To his excellency Governor of the State of
The Petition of Joseph Smith Respectfully showeth that he has come to for the purpose of being arrested upon the warrant issued against him by upon the requisition of the of — and suing out a to test the validity of the arrest and the power of the Governor to surrender him up to the authorities of in this case— he is informed that the Persons who [h]ave the said warra[n]t have been duly directed by the to place the same in the hands of the of [in] order that your petitioner might be arrested thereon but but that the said direction has not been complied with— and that the said Warrant is not now at in this — your petitioner therefore respectfully request that another or an Warrant may be issued upon the said requisition and delivered to some person in this to be served in order that your Petitioner may [p. [1]]
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Document Information

Related Case Documents
Editorial Title
Petition to Thomas Ford, 31 December 1842 [Extradition of JS for Accessory to Assault]
ID #
7071
Total Pages
2
Print Volume Location
JSP, D11:307–310
Handwriting on This Page
  • Justin Butterfield

Footnotes

  1. [1]

    Thomas Carlin, Proclamation, 20 Sept. 1842.

  2. [2]

    Thomas Reynolds, Requisition, 22 July 1842.

  3. [3]

    TEXT: “[hole in page]ave”. The document is damaged; text missing due to damage here and in the rest of the document has been supplied from context.

  4. [4]

    TEXT: “warra[hole in page]t”.

  5. [5]

    Lyman Trumbull. (Scofield, History of Hancock County, 529.)

    Scofield, Charles J., ed. History of Hancock County. 2 vols. Historical Encyclopedia of Illinois, edited by Newton Bateman, Paul Selby, and J. Seymour Currey. Chicago: Munsell Publishing, 1921.

  6. [6]

    John Bouvier’s 1839 law dictionary defined an alias writ as “a second writ of the same kind issued in the same cause.” (“Alias,” in Bouvier, Law Dictionary, 1:98.)

    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.

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