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Introduction to Extradition of JS for Accessory to Assault

Extradition of JS for Accessory to Assault
United States Circuit Court for the District of Illinois,
Springfield, Sangamon Co., Illinois, 5 January 1843
 
Historical Introduction
On 22 July 1842, governor sent a requisition to officials demanding the apprehension and extradition of JS to stand trial for his alleged role in the attempted assassination of former Missouri governor in May 1842. Boggs played an instrumental role in the conflict between the Latter-day Saints and their antagonists in northwestern Missouri in 1838. In response to exaggerated reports of Latter-day Saint military operations, then-governor Boggs ordered that church members “be exterminated or driven from the state,” resulting in the Saints’ exodus out of Missouri and JS’s winter imprisonment in the jail in , Missouri. Although the Saints found refuge in Illinois and JS was allowed to escape Missouri state custody in April 1839, discord between church members and Missourians continued. In fall 1840, Boggs demanded that Illinois officials arrest and extradite JS and other Latter-day Saints to answer charges stemming from the 1838 conflict. JS appeared before an Illinois in June 1841 on a writ of , a common law remedy that permitted an authorized judge to review the legality of a prisoner’s detention. The judge discharged JS, citing a deficiency in the arrest warrant.
The next year, on 6 May 1842, an unknown assailant shot through the window of his home in , Missouri. Boggs’s injuries were serious but not fatal. Although Boggs’s neighbors initially identified a man named Tompkins as the shooter, he was no longer a suspect by mid-May. At that point, the church’s opponents began asserting that a Latter-day Saint had committed the crime, citing as evidence Boggs’s role in the expulsion of church members from and a prophecy JS purportedly made in 1841 that Boggs would die a violent death. Although church members publicly rejoiced upon hearing of the shooting, JS denied involvement in the crime.
Given these accusations, Latter-day Saints anticipated that officials might seek JS’s extradition, and church members took steps to protect him by organizing a city watch and by strengthening the Municipal Court’s powers. Under the act incorporating the city of Nauvoo, Illinois, passed by the legislature in December 1840, the city could operate a municipal court with “power to grant writs of habeas corpus in all cases arising under the ordinances of the City Council.” This provision was apparently intended to limit the court’s jurisdiction to prisoners who were detained for alleged violations of city ordinances. However, the authorized the Nauvoo City Council to pass any ordinance “necessary for the peace, benefit, good order, regulation, convenience, and cleanliness” of the city as long as it was “not repugnant” to the national or state constitutions. Under this provision, on 5 July 1842 the city council passed an ordinance that provided that “no Citizen of this City shall be taken out of the City by any Writs, without the privilege of investigation before the Municipal Court” on a writ of habeas corpus. By implication, the ordinance expanded the municipal court’s authority to issue habeas corpus for “any Writs,” or arrest warrants, whether issued by federal, state, or city officials.
In mid-July 1842, former Latter-day Saint amplified the accusations against JS in letters published in and newspapers. Bennett claimed that JS had sent Latter-day Saint to Missouri for the purpose of assassinating , with a promised reward of $500. Bennett stated his intention to work with Missouri officials to bring about the extradition of both men for their alleged crimes. By 20 July 1842, Boggs filed two affidavits before , a justice of the peace. The first affidavit identified Rockwell as the shooter, while the second named JS as an “Accessary before the fact of the intended Murder.” In both affidavits, Boggs referenced “evidence and information” in his possession, a possible allusion to Bennett’s letters. Boggs further stated that Rockwell and JS were citizens or residents of Illinois and requested that initiate extradition proceedings. Reynolds responded by sending two requisitions on 22 July 1842 to Illinois governor . The first, which is apparently not extant, stated that Rockwell had been charged with shooting Boggs “with intent to kill” and had fled as a fugitive to Illinois; it demanded that Illinois officials arrest and extradite Rockwell to answer the charge. Reynolds presumably included Boggs’s 20 July affidavit naming Rockwell to support the requisition. The second requisition stated that JS was “charged with being accessary, before the fact to an assault with intent to kill, made by one O. P. Rockwell on Lilburn W. Boggs.” Whereas Boggs’s affidavit had simply noted that JS was a citizen or resident of Illinois, Reynolds’s requisition identified JS as “a fugitive from justice” and demanded that Carlin extradite him to Missouri to answer the charge.
On 2 August 1842, after receiving ’s requisitions, issued warrants for the arrest of and JS. He gave the warrant for JS to , deputy sheriff of , Illinois, and the warrant for Rockwell to , an Adams County constable. The officers were also apparently accompanied by , the agent designated by Reynolds to convey the prisoners to . The lawmen arrived in on the morning of 8 August and arrested JS and Rockwell. Following the arrests, the two prisoners claimed their right to petition the municipal court for , thereby impeding Ford’s ability to receive them into his custody and take them to Missouri immediately. JS’s petition, drafted with the assistance of his attorney, , cited the habeas corpus provision in the charter and the 5 July 1842 ordinance. The petition stated that JS would demonstrate to the court the “insufficiency” of Carlin’s warrant and the “utter groundlessness” of the charge against him. JS intended to show that he could not be a fugitive from justice, as he had not been in Missouri when the shooting occurred, and that, because he had no knowledge of the crime until after it occurred, he could not be an accessory before the fact. Rockwell’s petition used similar language, emphasizing that he was “not any where in the region of Country” at the time of the shooting. Following a provision in the 1827 habeas corpus statute, both petitions included copies of Carlin’s warrants, made by JS’s scribe .
At noon on 8 August, the City Council met and passed a new ordinance, which further augmented the provisions of the 5 July 1842 ordinance. The new ordinance authorized the court “to examine into the origin, validity, & legality” of a warrant. If the court determined that the warrant was “not legally issued,” it was required to discharge the prisoner. If the warrant proved to be legal, then the court was authorized to “fully hear the merits of the case” and to hold “a fair & impartial trial.” About one o’clock that afternoon, the municipal court convened, with associate justice presiding as chief justice pro tempore in JS’s place. submitted the petitions of JS and and gave supporting oral arguments, after which the court issued writs of habeas corpus directing and to bring their prisoners before the court and explain the reasons for detaining them. Nauvoo city marshal subsequently served the writs on the two lawmen.
Unsure of the court’s authority to issue writs of in such situations, and left JS and “in the hands of the and returned to ” to consult with . noted in JS’s journal that the officers left to determine “wether our charter gave the jurisdiction over the case.” Suspecting that the lawmen would return with orders to disregard the Nauvoo Municipal Court and to retake JS and Rockwell, JS prepared a petition on 9 August requesting a writ of from ’s Circuit Court. The writ was granted the next day but evidently was never served. With his legal situation in flux, JS spent much of the late summer and fall hiding at various Latter-day Saint homes in and western Illinois in order to avoid arrest, while Rockwell went to the area around . Suspecting JS may have gone to Iowa, sent a requisition to territorial governor on 20 August 1842. Chambers issued a warrant, but it was returned unserved.
During the following months, JS’s wife corresponded with , defending her husband’s innocence and the municipal court’s powers. In reply, Carlin insisted that only a court could determine JS’s guilt or innocence and that law required the governor, upon receiving a requisition from another state executive, to issue a warrant. He further stated that, while JS could challenge the warrant on habeas corpus before a circuit court, the municipal court lacked jurisdiction in such cases. On 19 September 1842, announced a reward of $300 for the apprehension of either JS or . The following day, Carlin issued a proclamation offering $200 for either JS or Rockwell.
In December 1842, ’s term as governor ended and he was replaced by , a former state supreme court justice. Optimistic that the new governor would be more open than his predecessor had been to finding a legal resolution to the impasse, JS sent a delegation to , the state capital. The group arrived on 13 December and met with , the attorney for the District of Illinois, the next day. Butterfield had been apprised of JS’s situation and considered the extradition illegal. Under federal law, to be extradited, an individual needed to flee to one state after having been charged with committing a crime in another. Butterfield believed that, should JS appear on before an authorized court—either the Illinois supreme court or the U.S. Circuit Court for the District of Illinois—he would be able to show that he was not a fugitive from justice, and the court would discharge him. On 15 December, Butterfield met with Ford and six justices of the state supreme court. All agreed with Butterfield’s argument, although they were divided over whether Ford was authorized to rescind Carlin’s warrant or if JS should appear before them on a writ of habeas corpus. Ford and Butterfield subsequently each wrote to JS urging him to travel to Springfield for a hearing. The Latter-day Saint delegation then returned to .
After receiving the delegation’s report, JS decided to go to . Guarding against the possibility of apprehension by the officers, who still held ’s warrant, Major General of the arrested JS on 26 December 1842 using the governor’s 20 September proclamation. JS’s party left the following day and arrived in Springfield on 30 December. The next day, when it became apparent that the Adams County officers were unable or unwilling to produce Carlin’s warrant, JS petitioned for a new warrant, which was granted and issued to Sheriff of . opted to file JS’s petition for a writ of with the Circuit Court for the District of , rather than the state supreme court. The federal court, presided over by Judge , granted the writ, which was directed to Law and Elkin, the two men who held JS in custody. The sheriff and the major general presented JS to the court and explained the grounds upon which they respectively held him in custody. The court then admitted JS to bail and ordered him to enter into a $2,000 recognizance, conditioned upon his appearance at the hearing scheduled for 2 January 1843. Pope also issued an order that Ford and Illinois attorney general be informed of the scheduled proceedings as a courtesy.
The court reconvened after the weekend, but requested a continuance to allow more time to prepare his response on behalf of the state. The court granted the motion and rescheduled the hearing for 4 January. filed JS’s affidavit, which denied that he was a fugitive from justice and asserted that he was “ready to prove that he was not in the State of at the time of the commission of the alleged crime” charged in ’s 20 July 1842 affidavit. Two additional affidavits were subsequently filed, the first by and eight other Latter-day Saints, who attested that JS was in on 6 May 1842, the day of the shooting. The second affidavit was signed by , clerk of the Circuit Court, and Judge , prominent individuals who were not members of the church. They similarly affirmed that they had seen JS in Nauvoo at the time of the shooting.
On 4 January 1843, filed a motion to dismiss the proceedings. First, he argued that the circuit court lacked jurisdiction, asserting that the governor and the arresting officers operated under state, not federal, law. Second, he contended that the court lacked authority “to enquire into any facts behind the Writs.” In doing so, Lamborn insisted that on , the court could examine only procedural issues, not the substantive question of JS’s guilt or innocence implied by the affidavits attesting to his presence in at the time of the shooting. and his law partner, , offered lengthy rebuttals to Lamborn’s motion, arguing that because the U.S. Constitution and a 1793 federal statute defined the process followed by governors when initiating extradition proceedings, governors acted under federal authority, and therefore the U.S. circuit court had jurisdiction over the case. Second, JS’s attorneys contended that ’s affidavit, the document upon which the extradition was based, did not claim that JS had committed a crime in , nor did it assert that JS had fled from Missouri’s justice. , having listened to the arguments on both sides, adjourned the court and announced he would deliver his decision the next morning.
On 5 January, first dispensed with ’s objection to the court’s jurisdiction, holding that because the Congress had designated state governors to execute extradition proceedings, the governors acted under federal authority and therefore the U.S. circuit court had jurisdiction. Pope then addressed Lamborn’s second objection. The judge declined to rule on the question of whether JS’s attorneys could submit new evidence that had bearing on JS’s whereabouts on 6 May 1842. Instead, he would confine his ruling to the issue of whether ’s affidavit was sufficient to sustain the extradition. The affidavit did not claim that JS had committed a crime in , nor did it claim that he had fled from the state’s justice. It stated only that JS was accessory to the shooting of Boggs and did not even identify the shooter——since Boggs had named Rockwell in a separate affidavit. obscured the deficiencies in the affidavit when writing his requisition, which stated that JS was charged with being an accessory to Rockwell’s crime in Missouri and that he was a fugitive from justice, information not present in the affidavit. , in his warrant, subsequently perpetuated the errors. Based on the legal insufficiency of the affidavit, Pope ruled that JS must be discharged.
JS’s scribe made fragmentary notes of ’s decision as it was delivered and then inscribed them in JS’s journal. Later that day and into the night, Richards expanded his notes into a draft of the “Decision for the press.” This was done “on request of Judge Pope. per Presidnt Joseph.” After Richards completed the draft, he evidently made a copy, which he gave to Pope the following morning. JS and Richards then paid “2 notes of $230 for his fees,” which, combined with $40 paid previously to Butterfield for his services, totaled $500. then made certified copies of the case documents. During the afternoon of 6 January, JS visited , who signed a statement affirming that “there is now no further cause for arresting or detaining Joseph Smith.” This statement essentially revoked ’s 2 August 1842 warrant—which was still in the hands of the officers—and the former governor’s 20 September 1842 proclamation. Ford wrote that, due to Pope’s decision, “all such proclamations and warrants are inoperative and void.” As the court’s decision applied only to JS, the charge against remained outstanding.
After JS and the Latter-day Saint party left , , presumably assisted by clerk of the circuit court, prepared a formal trial report, reproducing the facts of the case, transcripts of key case documents, the attorneys’ debate over ’s motion to dismiss the proceedings, and the judge’s decision. The Sangamo Journal published the trial report in its 19 January 1843 issue. Other newspapers, including the Nauvoo Wasp and the Times and Seasons, reprinted the trial report. Pope’s ruling became an influential precedent in American extradition law.
 
Calendar of Documents
This calendar lists all known documents created by or for the court or official government offices, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court or office. Where a version of a document was subsequently filed with another court, that version is listed under both courts.
Extradition of JS for Accessory to Assault
United States Circuit Court for the District of Illinois,
Springfield, Sangamon Co., Illinois, 5 January 1843
 
Historical Introduction
On 22 July 1842, governor sent a requisition to officials demanding the apprehension and extradition of JS to stand trial for his alleged role in the attempted assassination of former Missouri governor in May 1842. Boggs played an instrumental role in the conflict between the Latter-day Saints and their antagonists in northwestern Missouri in 1838. In response to exaggerated reports of Latter-day Saint military operations, then-governor Boggs ordered that church members “be exterminated or driven from the state,” resulting in the Saints’ exodus out of Missouri and JS’s winter imprisonment in the jail in , Missouri. Although the Saints found refuge in Illinois and JS was allowed to escape Missouri state custody in April 1839, discord between church members and Missourians continued. In fall 1840, Boggs demanded that Illinois officials arrest and extradite JS and other Latter-day Saints to answer charges stemming from the 1838 conflict. JS appeared before an Illinois in June 1841 on a writ of , a common law remedy that permitted an authorized judge to review the legality of a prisoner’s detention. The judge discharged JS, citing a deficiency in the arrest warrant.
The next year, on 6 May 1842, an unknown assailant shot through the window of his home in , Missouri. Boggs’s injuries were serious but not fatal. Although Boggs’s neighbors initially identified a man named Tompkins as the shooter, he was no longer a suspect by mid-May. At that point, the church’s opponents began asserting that a Latter-day Saint had committed the crime, citing as evidence Boggs’s role in the expulsion of church members from and a prophecy JS purportedly made in 1841 that Boggs would die a violent death. Although church members publicly rejoiced upon hearing of the shooting, JS denied involvement in the crime.
Given these accusations, Latter-day Saints anticipated that officials might seek JS’s extradition, and church members took steps to protect him by organizing a city watch and by strengthening the Municipal Court’s powers. Under the act incorporating the city of Nauvoo, Illinois, passed by the legislature in December 1840, the city could operate a municipal court with “power to grant writs of habeas corpus in all cases arising under the ordinances of the City Council.” This provision was apparently intended to limit the court’s jurisdiction to prisoners who were detained for alleged violations of city ordinances. However, the authorized the Nauvoo City Council to pass any ordinance “necessary for the peace, benefit, good order, regulation, convenience, and cleanliness” of the city as long as it was “not repugnant” to the national or state constitutions. Under this provision, on 5 July 1842 the city council passed an ordinance that provided that “no Citizen of this City shall be taken out of the City by any Writs, without the privilege of investigation before the Municipal Court” on a writ of habeas corpus. By implication, the ordinance expanded the municipal court’s authority to issue habeas corpus for “any Writs,” or arrest warrants, whether issued by federal, state, or city officials.
In mid-July 1842, former Latter-day Saint amplified the accusations against JS in letters published in and newspapers. Bennett claimed that JS had sent Latter-day Saint to Missouri for the purpose of assassinating , with a promised reward of $500. Bennett stated his intention to work with Missouri officials to bring about the extradition of both men for their alleged crimes. By 20 July 1842, Boggs filed two affidavits before , a justice of the peace. The first affidavit identified Rockwell as the shooter, while the second named JS as an “Accessary before the fact of the intended Murder.” In both affidavits, Boggs referenced “evidence and information” in his possession, a possible allusion to Bennett’s letters. Boggs further stated that Rockwell and JS were citizens or residents of Illinois and requested that initiate extradition proceedings. Reynolds responded by sending two requisitions on 22 July 1842 to Illinois governor . The first, which is apparently not extant, stated that Rockwell had been charged with shooting Boggs “with intent to kill” and had fled as a fugitive to Illinois; it demanded that Illinois officials arrest and extradite Rockwell to answer the charge. Reynolds presumably included Boggs’s 20 July affidavit naming Rockwell to support the requisition. The second requisition stated that JS was “charged with being accessary, before the fact to an assault with intent to kill, made by one O. P. Rockwell on Lilburn W. Boggs.” Whereas Boggs’s affidavit had simply noted that JS was a citizen or resident of Illinois, Reynolds’s requisition identified JS as “a fugitive from justice” and demanded that Carlin extradite him to Missouri to answer the charge.
On 2 August 1842, after receiving ’s requisitions, issued warrants for the arrest of and JS. He gave the warrant for JS to , deputy sheriff of , Illinois, and the warrant for Rockwell to , an Adams County constable. The officers were also apparently accompanied by , the agent designated by Reynolds to convey the prisoners to . The lawmen arrived in on the morning of 8 August and arrested JS and Rockwell. Following the arrests, the two prisoners claimed their right to petition the municipal court for , thereby impeding Ford’s ability to receive them into his custody and take them to Missouri immediately. JS’s petition, drafted with the assistance of his attorney, , cited the habeas corpus provision in the charter and the 5 July 1842 ordinance. The petition stated that JS would demonstrate to the court the “insufficiency” of Carlin’s warrant and the “utter groundlessness” of the charge against him. JS intended to show that he could not be a fugitive from justice, as he had not been in Missouri when the shooting occurred, and that, because he had no knowledge of the crime until after it occurred, he could not be an accessory before the fact. Rockwell’s petition used similar language, emphasizing that he was “not any where in the region of Country” at the time of the shooting. Following a provision in the 1827 habeas corpus statute, both petitions included copies of Carlin’s warrants, made by JS’s scribe .
At noon on 8 August, the City Council met and passed a new ordinance, which further augmented the provisions of the 5 July 1842 ordinance. The new ordinance authorized the court “to examine into the origin, validity, & legality” of a warrant. If the court determined that the warrant was “not legally issued,” it was required to discharge the prisoner. If the warrant proved to be legal, then the court was authorized to “fully hear the merits of the case” and to hold “a fair & impartial trial.” About one o’clock that afternoon, the municipal court convened, with associate justice presiding as chief justice pro tempore in JS’s place. submitted the petitions of JS and and gave supporting oral arguments, after which the court issued writs of habeas corpus directing and to bring their prisoners before the court and explain the reasons for detaining them. Nauvoo city marshal subsequently served the writs on the two lawmen.
Unsure of the court’s authority to issue writs of in such situations, and left JS and “in the hands of the and returned to ” to consult with . noted in JS’s journal that the officers left to determine “wether our charter gave the jurisdiction over the case.” Suspecting that the lawmen would return with orders to disregard the Nauvoo Municipal Court and to retake JS and Rockwell, JS prepared a petition on 9 August requesting a writ of from ’s Circuit Court. The writ was granted the next day but evidently was never served. With his legal situation in flux, JS spent much of the late summer and fall hiding at various Latter-day Saint homes in and western Illinois in order to avoid arrest, while Rockwell went to the area around . Suspecting JS may have gone to Iowa, sent a requisition to territorial governor on 20 August 1842. Chambers issued a warrant, but it was returned unserved.
During the following months, JS’s wife corresponded with , defending her husband’s innocence and the municipal court’s powers. In reply, Carlin insisted that only a court could determine JS’s guilt or innocence and that law required the governor, upon receiving a requisition from another state executive, to issue a warrant. He further stated that, while JS could challenge the warrant on habeas corpus before a circuit court, the municipal court lacked jurisdiction in such cases. On 19 September 1842, announced a reward of $300 for the apprehension of either JS or . The following day, Carlin issued a proclamation offering $200 for either JS or Rockwell.
In December 1842, ’s term as governor ended and he was replaced by , a former state supreme court justice. Optimistic that the new governor would be more open than his predecessor had been to finding a legal resolution to the impasse, JS sent a delegation to , the state capital. The group arrived on 13 December and met with , the attorney for the District of Illinois, the next day. Butterfield had been apprised of JS’s situation and considered the extradition illegal. Under federal law, to be extradited, an individual needed to flee to one state after having been charged with committing a crime in another. Butterfield believed that, should JS appear on before an authorized court—either the Illinois supreme court or the U.S. Circuit Court for the District of Illinois—he would be able to show that he was not a fugitive from justice, and the court would discharge him. On 15 December, Butterfield met with Ford and six justices of the state supreme court. All agreed with Butterfield’s argument, although they were divided over whether Ford was authorized to rescind Carlin’s warrant or if JS should appear before them on a writ of habeas corpus. Ford and Butterfield subsequently each wrote to JS urging him to travel to Springfield for a hearing. The Latter-day Saint delegation then returned to .
After receiving the delegation’s report, JS decided to go to . Guarding against the possibility of apprehension by the officers, who still held ’s warrant, Major General of the arrested JS on 26 December 1842 using the governor’s 20 September proclamation. JS’s party left the following day and arrived in Springfield on 30 December. The next day, when it became apparent that the Adams County officers were unable or unwilling to produce Carlin’s warrant, JS petitioned for a new warrant, which was granted and issued to Sheriff of . opted to file JS’s petition for a writ of with the Circuit Court for the District of , rather than the state supreme court. The federal court, presided over by Judge , granted the writ, which was directed to Law and Elkin, the two men who held JS in custody. The sheriff and the major general presented JS to the court and explained the grounds upon which they respectively held him in custody. The court then admitted JS to bail and ordered him to enter into a $2,000 recognizance, conditioned upon his appearance at the hearing scheduled for 2 January 1843. Pope also issued an order that Ford and Illinois attorney general be informed of the scheduled proceedings as a courtesy.
The court reconvened after the weekend, but requested a continuance to allow more time to prepare his response on behalf of the state. The court granted the motion and rescheduled the hearing for 4 January. filed JS’s affidavit, which denied that he was a fugitive from justice and asserted that he was “ready to prove that he was not in the State of at the time of the commission of the alleged crime” charged in ’s 20 July 1842 affidavit. Two additional affidavits were subsequently filed, the first by and eight other Latter-day Saints, who attested that JS was in on 6 May 1842, the day of the shooting. The second affidavit was signed by , clerk of the Circuit Court, and Judge , prominent individuals who were not members of the church. They similarly affirmed that they had seen JS in Nauvoo at the time of the shooting.
On 4 January 1843, filed a motion to dismiss the proceedings. First, he argued that the circuit court lacked jurisdiction, asserting that the governor and the arresting officers operated under state, not federal, law. Second, he contended that the court lacked authority “to enquire into any facts behind the Writs.” In doing so, Lamborn insisted that on , the court could examine only procedural issues, not the substantive question of JS’s guilt or innocence implied by the affidavits attesting to his presence in at the time of the shooting. and his law partner, , offered lengthy rebuttals to Lamborn’s motion, arguing that because the U.S. Constitution and a 1793 federal statute defined the process followed by governors when initiating extradition proceedings, governors acted under federal authority, and therefore the U.S. circuit court had jurisdiction over the case. Second, JS’s attorneys contended that ’s affidavit, the document upon which the extradition was based, did not claim that JS had committed a crime in , nor did it assert that JS had fled from Missouri’s justice. , having listened to the arguments on both sides, adjourned the court and announced he would deliver his decision the next morning.
On 5 January, first dispensed with ’s objection to the court’s jurisdiction, holding that because the Congress had designated state governors to execute extradition proceedings, the governors acted under federal authority and therefore the U.S. circuit court had jurisdiction. Pope then addressed Lamborn’s second objection. The judge declined to rule on the question of whether JS’s attorneys could submit new evidence that had bearing on JS’s whereabouts on 6 May 1842. Instead, he would confine his ruling to the issue of whether ’s affidavit was sufficient to sustain the extradition. The affidavit did not claim that JS had committed a crime in , nor did it claim that he had fled from the state’s justice. It stated only that JS was accessory to the shooting of Boggs and did not even identify the shooter——since Boggs had named Rockwell in a separate affidavit. obscured the deficiencies in the affidavit when writing his requisition, which stated that JS was charged with being an accessory to Rockwell’s crime in Missouri and that he was a fugitive from justice, information not present in the affidavit. , in his warrant, subsequently perpetuated the errors. Based on the legal insufficiency of the affidavit, Pope ruled that JS must be discharged.
JS’s scribe made fragmentary notes of ’s decision as it was delivered and then inscribed them in JS’s journal. Later that day and into the night, Richards expanded his notes into a draft of the “Decision for the press.” This was done “on request of Judge Pope. per Presidnt Joseph.” After Richards completed the draft, he evidently made a copy, which he gave to Pope the following morning. JS and Richards then paid “2 notes of $230 for his fees,” which, combined with $40 paid previously to Butterfield for his services, totaled $500. then made certified copies of the case documents. During the afternoon of 6 January, JS visited , who signed a statement affirming that “there is now no further cause for arresting or detaining Joseph Smith.” This statement essentially revoked ’s 2 August 1842 warrant—which was still in the hands of the officers—and the former governor’s 20 September 1842 proclamation. Ford wrote that, due to Pope’s decision, “all such proclamations and warrants are inoperative and void.” As the court’s decision applied only to JS, the charge against remained outstanding.
After JS and the Latter-day Saint party left , , presumably assisted by clerk of the circuit court, prepared a formal trial report, reproducing the facts of the case, transcripts of key case documents, the attorneys’ debate over ’s motion to dismiss the proceedings, and the judge’s decision. The Sangamo Journal published the trial report in its 19 January 1843 issue. Other newspapers, including the Nauvoo Wasp and the Times and Seasons, reprinted the trial report. Pope’s ruling became an influential precedent in American extradition law.
 
Calendar of Documents
This calendar lists all known documents created by or for the court or official government offices, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court or office. Where a version of a document was subsequently filed with another court, that version is listed under both courts.
 
State of Missouri, Office of the Governor
  • 1842 (5)
    • May (1)
      11 May 1842

      Thomas Reynolds, Proclamation, Jefferson City, Cole Co., MO

      • 11 May 1842; State of Missouri, Office of the Secretary of State, Commissions Division, Register of Civil Proceedings, vol. A, pp. 168–169, MSA; unidentified handwriting.
    • July (2)
      20 July 1842

      Lilburn W. Boggs, Affidavit, before Samuel Weston, Jackson Co., MO

      22 July 1842

      Thomas Reynolds, Requisition, Jefferson City, Cole Co., MO, to Illinois Governor, Springfield, Sangamon Co., IL

    • August (1)
      20 August 1842

      Thomas Reynolds, Requisition, Jefferson City, Cole Co., MO, to John Chambers, Burlington, Des Moines County, Iowa Territory

      • 20 Aug. 1842. Not extant.
    • September (1)
      19 September 1842

      Thomas Reynolds, Memorandum of Proclamation, Jefferson City, Cole Co., MO

      • 19 Sept. 1842; State of Missouri, Office of the Secretary of State, Commissions Division, Register of Civil Proceedings, vol. A, p. 185, MSA; unidentified handwriting.
 
State of Illinois, Office of the Governor
 
Iowa Territory, Office of the Governor
 
Nauvoo, Hancock Co., Illinois, Municipal Court
  • 1842 (3)
    • August (3)
      8 August 1842

      JS, Petition, Nauvoo, Hancock Co., IL, to Nauvoo Municipal Court

      • 8 Aug. 1842; JS Collection, CHL; handwriting of Sylvester Emmons and William Clayton; signature of JS; docket in handwriting of James Sloan.
      8 August 1842

      Orson Spencer and Others, Habeas Corpus, to Thomas King, Nauvoo, Hancock Co., IL

      • 8 Aug. 1842; Collection of Manuscripts about Mormons, 1832–1954, Chicago History Museum; handwriting of Sylvester Emmons; signatures of Orson Spencer, George W. Harris, William Marks, Newel K. Whitney, and Gustavus Hills; certified by James Sloan; docket in handwriting of Sylvester Emmons.
      • 8 Aug. 1842; Nauvoo, IL, Records, CHL; handwriting of John Taylor and James Sloan; notation and docket in handwriting of James Sloan.
      Ca. 8 August 1842

      Docket Entry, Nauvoo, Hancock Co., IL

      • Ca. 8 Aug. 1842; Nauvoo Municipal Court Docket Book, 6, CHL; handwriting of James Sloan.
 
Hancock Co., Illinois, Circuit Court
  • 1842 (3)
    • August (2)
      9 August 1842

      JS, Petition, Nauvoo, Hancock Co., IL, to Chauncey Robison, Carthage, Hancock Co., IL

      • 9 Aug. 1842. Not extant.
      10 August 1842

      Jacob Davis, Habeas Corpus, to Thomas King, Carthage, Hancock Co., IL

      • 10 Aug. 1842; JS Materials, CCLA; handwriting of M. Avise; docket in handwriting of M. Avise.
      • Ca. 10 Aug. 1842; Nauvoo, IL, Records, CHL; handwriting of James Sloan; docket and notation in handwriting of James Sloan.
    • December (1)
      26 December 1842

      JS, Petition, Nauvoo, Hancock Co., IL, to Chauncey Robison, Carthage, Hancock Co., IL

      • 26 Dec. 1842; JS Collection, CHL; handwriting of William Clayton; signature of JS; docket in handwriting of William Clayton.
      • 26 Dec. 1842; microfilm in reel 25 of Wilford C. Wood, Collection of Church Historical Materials, CHL; handwriting of William Clayton; signature of JS; endorsement in handwriting of Chauncey Robison.
 
United States Circuit Court for the District of Illinois