Introduction to Extradition of JS for Treason

Document Transcript

Extradition of JS for Treason
Nauvoo, Hancock Co., Illinois, Municipal Court, 1 July 1843
 
Historical Introduction
On 13 June 1843, governor sent a requisition to officials demanding that they apprehend and extradite JS to answer a charge of treason, allegedly committed during the 1838 conflict between the Latter-day Saints and their antagonists in Missouri. This was the third time since 1840 that a Missouri governor had sought JS’s extradition. The earlier attempts both resulted in courts discharging JS on writs of , with the judges citing deficiencies in the documents supporting the proceedings.
Former Latter-day Saint , who was a key instigator of the second extradition attempt, continued in early 1843 to work with JS’s antagonists in to reinitiate extradition proceedings. Bennett evidently traveled to Missouri in January 1843 to meet with like-minded individuals who could assist him in convening a grand jury to approve a new treason indictment. One such individual was Samuel C. Owens, an , Missouri, merchant, circuit court clerk, and participant in the 1833 expulsion of the Latter-day Saints from , Missouri. Bennett and Owens communicated with governor , and presumably also with Missouri governor , in hopes of securing their cooperation. In addition, Bennett and Owens went so far as to select the two men who would take JS into custody: , Illinois, constable and Jackson County sheriff .
Although began corresponding with Owens in January 1843, it was not until 5 June that a , Missouri, grand jury met to consider JS’s case. After reviewing allegations regarding the 1838 conflict, a new indictment was approved that charged JS and at least five hundred armed men with assembling in Daviess County and levying “public war” against the state of in October 1838. This language alluded to the definition of treason included in the Missouri state constitution. Based on that indictment, on 13 June 1843 sent a requisition demanding that officials apprehend JS and deliver him to , who received a power of attorney from the governor authorizing him to convey JS to Missouri. Sheriff Reynolds arrived in , Illinois, on 16 June and delivered the requisition to . The following day, Ford issued a warrant for JS’s arrest, directing it to . This quick succession of events was apparently timed to coincide with the Smith family’s mid-June 1843 trip to , Illinois, where they visited ’s sister Elizabeth Hale Wasson in Palestine Grove, near , Illinois. JS subsequently claimed that someone had informed Bennett’s Missouri allies of the Smiths’ and that Reynolds and Wilson had sought to capture JS while he was outside the safe confines of .
News that had issued the arrest warrant reached on 18 June, leading JS’s clerk and church member to depart the city in an effort to warn JS. Clayton and Markham arrived at the Wasson home on 21 June and informed JS of Ford’s warrant. Two days later, and approached the Wasson residence, pretending to be Latter-day Saint missionaries. The two men seized JS in a rough manner and threatened Markham with their guns, warning him not to interfere. After arresting JS, Wilson transferred custody to Reynolds.
The lawmen then forced JS into their wagon and drove him about ten miles to , the seat, where they hoped to acquire fresh horses to transport him to . The two officers confined JS in the tavern of Henry McKinney and reportedly refused him access to an attorney. also went to Dixon and met with , who had gone into town earlier in the day. The two worked to hire legal counsel for JS. With the aid of several local citizens, none of whom were members of the church, they retained attorneys and . They were subsequently joined by , an attorney and congressional candidate who was campaigning in the area. JS and his attorneys initiated several legal actions designed to hinder the extradition. First, they obtained a writ of that required to present JS before an circuit court judge, who would review the legality of the detention. Next, the attorneys brought multiple criminal charges against the lawmen stemming from their handling of JS’s arrest. Finally, JS and his lawyers brought a civil suit against Reynolds and for false imprisonment and personal injury. JS submitted to the Lee County Circuit Court an affidavit recounting his arrest, after which Lee County sheriff James Campbell arrested Reynolds and Wilson and held them in custody until they could secure bail.
On 24 June, JS, his attorneys, his captors, Sheriff Campbell, and a few others departed for Ottawa, Illinois, where they expected to appear before Judge John Caton. The party traveled more than thirty miles to , where they learned that Caton was in . On 25 June, they returned to Dixon, arriving in the late afternoon. JS obtained another writ of , which commanded to present him “before the nearest Judge or Judicial tribunal” in the fifth judicial circuit “authorised to hear and determine upon writs of Habeas Corpus.” JS and his attorneys reportedly decided to appear before circuit court judge in , Illinois, possibly because Young had previously been friendly to JS and the church. Reynolds and , still in Campbell’s custody due to JS’s civil suit, also obtained a writ of habeas corpus with the intent to appear before Young to challenge their detention.
The traveling party departed on 26 June. Although was the stated destination, it appears that no one in the party actually intended to go there. and wanted the party to head west to the , where a steamboat was waiting for them, ostensibly to convey them more quickly to Quincy farther south. JS and his associates suspected that once on the boat, Reynolds intended to force JS into , so they instead insisted that the group travel overland in the direction of Quincy. Reynolds later claimed that JS and his allies insisted on the overland route because it would bring them close to and the city’s municipal court, where JS would seek discharge on . confirmed Reynolds’s suspicion, explaining in July 1843 that before the group departed from Dixon, “it was the determination of the whole company”—apparently including Campbell, who held Reynolds and Wilson in custody—“to go to Nauvoo.” Southwick further claimed that the stagecoach was “chartered to go to Nauvoo.”
The Municipal Court’s powers caused significant controversy in western during the early 1840s. Church members argued that the act incorporating the city of Nauvoo—commonly known as the —which was granted by the Illinois state legislature in 1840, and various city ordinances subsequently passed by the Nauvoo City Council granted the court authority to review any warrant, regardless of whether it was issued by federal, state, or city officials. The church’s opponents countered that the legislature had envisioned the municipal court reviewing detentions stemming from alleged violations of city ordinances, not state or federal laws. JS later explained that he had “dictated” to “the laws of Nauvoo” regarding habeas corpus and that the attorney “rec[e]ived them on my testimony.” JS claimed that he had “converted” Walker “to the truth of Habeus Corpus.” explained that he and were also convinced, later stating that the attorneys believed the “jurisdiction of said case was very properly entertained by said court.” Southwick further argued that because “the language of the writ of habeas corpus” obtained in stated that the writ was returnable before the nearest court with habeas corpus powers within the fifth judicial circuit, the writ gave JS “the right to go before the municipal authority of said city.” later stated that he “did not intend” to allow JS to appear before the Nauvoo Municipal Court, which in his view “had no legal power to interfere in the matter at all.”
After the party passed through Geneseo, Illinois, on 27 June, a small cadre of scouts intercepted JS’s group. The scouts were among approximately two hundred legion soldiers who began departing on 25 June to search for JS and to rescue him if his captors sought to convey him out of the without due process. Over the next few days, dozens of legion troops joined the traveling party. Although armed, they evidently kept their weapons hidden. JS enjoined the troops not to harm and , while his allies in the traveling party pledged that they would not allow JS to escape prior to his appearance before a court on . As the traveling party approached , Illinois, on 28 June, it left the main road that would have taken the group to and instead followed the route toward Nauvoo, despite Reynolds’s objections.
As the party approached on 30 June, “an immenes [immense] concourse of people” accompanied by a band escorted it into the city. JS and hosted and at their home for the midday meal, after which JS petitioned the Nauvoo Municipal Court for a writ of . He attached copies of ’s warrant and ’s power of attorney, which authorized Sheriff Reynolds to convey JS to . Because JS, as mayor, ordinarily served as the municipal court’s chief justice, the court elected to serve as its president pro tempore. The court granted the petition. Nauvoo city marshal served the writ on Joseph H. Reynolds, who released JS into the court’s custody for the hearing. Although Reynolds “refused to recognise the jurisdiction of the court,” he nevertheless wrote on the writ of habeas corpus a “return” notation explaining by what authority he detained JS, effectively transferring custody of JS to the court for the hearing. In the evening, JS addressed the Saints, recounting his arrest and the journey to Nauvoo and defending the Nauvoo Municipal Court’s habeas corpus powers.
On 1 July 1843, the municipal court held its hearing. Although the witnesses—, , , , , and —discussed problems with the warrant, they focused primarily on the 1838 conflict and the unfair treatment of the Saints to demonstrate that JS was not guilty of treason. Subsequently, JS’s attorneys—, , and —addressed the court. At the conclusion of the proceedings, the court discharged JS, citing deficiencies in ’s warrant and “the merits of said Case,” essentially acquitting him from the treason charge.
Following the discharge, and claimed that JS “had resisted the law and the Mormons had rescued him.” Furthermore, the lawmen “petitioned the to send on an armed force to take” JS. In response, church members forwarded a petition to Ford asking him not to take this action, and missionaries dispersed throughout to tell the Saints’ side of the story. JS also spoke publicly about his arrest at the church’s 4 July 1843 celebration and worked to influence public opinion in the press. Seeking reliable information on the arrest and subsequent events, Ford sent attorney to to investigate the claims made by Reynolds and Wilson. Under JS’s direction, church members cooperated with the investigation by making copies of the municipal court’s proceedings. The trial report for the case was also published as installments in the Nauvoo Neighbor and Times and Seasons, and in pamphlet form. At the end of the month, Brayman informed JS that Ford had rejected Sheriff Reynolds’s request to send the state militia to arrest him. This ended the third and final attempt by the government to extradite JS.
 
Calendar of Documents
This calendar lists all known documents created by or for the court, 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. Where a version of a document was subsequently filed with another court, that version is listed under both courts.

Footnotes

  1. 1

    This case introduction is adapted from Introduction to Part 4: June–July 1843, in JSP, D12:355.  

    JSP, D12 / Grua, David W., Brent M. Rogers, Matthew C. Godfrey, Robin Scott Jensen, Christopher James Blythe, and Jessica M. Nelson, eds. Documents, Volume 12: March–July 1843. Vol. 12 of the Documents series of The Joseph Smith Papers, edited by Matthew C. Godfrey, R. Eric Smith, Matthew J. Grow, and Ronald K. Esplin. Salt Lake City: Church Historian’s Press, 2021.

  2. 2

    The first attempt was based on an 1839 indictment for treason. After his arrest in June 1841, JS appeared before Illinois judge Stephen A. Douglas, who discharged JS, citing problems with Illinois governor Thomas Carlin’s warrant. The next year, Missouri officials again sought JS’s extradition for his alleged role in the May 1842 attempted assassination of former Missouri governor Lilburn W. Boggs. After spending much of summer and fall 1842 in hiding in and around Nauvoo, JS submitted to arrest in order to appear before Nathaniel Pope, judge of the United States Circuit Court for the District of Illinois, in Springfield, Illinois. On 5 January 1843, Pope discharged JS on the grounds that the evidence provided by Missouri officials to support the extradition was insufficient. (Introduction to Extradition of JS et al. for Treason and Other Crimes; Introduction to Extradition of JS for Accessory to Assault.)  

  3. 3

    Introduction to Extradition of JS for Accessory to Assault. Bennett was excommunicated in May 1842 due to allegations of sexual misconduct. He spent much of 1842 writing letters to newspapers, delivering public lectures, and eventually publishing a book in an effort to enact revenge on JS. One of his allegations was that JS had sent Latter-day Saint Orrin Porter Rockwell to Missouri to assassinate former Missouri governor Lilburn W. Boggs. (“Joseph Smith Documents from May through August 1842,” in JSP, D10:xxxi–xxxiv; Smith, Saintly Scoundrel, 98–141.)  

    JSP, D10 / Kuehn, Elizabeth A., Jordan T. Watkins, Matthew C. Godfrey, and Mason K. Allred, eds. Documents, Volume 10: May–August 1842. Vol. 10 of the Documents series of The Joseph Smith Papers, edited by Matthew C. Godfrey, R. Eric Smith, Matthew J. Grow, and Ronald K. Esplin. Salt Lake City: Church Historian’s Press, 2020.

    Smith, Andrew F. The Saintly Scoundrel: The Life and Times of Dr. John Cook Bennett. Urbana: University of Illinois Press, 1997.

  4. 4

    John C. Bennett, Springfield, IL, to Sidney Rigdon and Orson Pratt, Nauvoo, IL, 10 Jan. [1843], Sidney Rigdon, Collection, CHL. In August 1840, Missouri court officials, assuming that JS was not going to appear for trial, dismissed the 1839 treason indictment. This dismissal did not function as an acquittal, meaning he could be charged again with the same offense. (Docket Entry, Nolle Prosequi, 5 Aug. 1840 [State of Missouri v. Gates et al. for Treason]; Introduction to State of Missouri v. Gates et al. for Treason.)  

    Rigdon, Sidney. Collection, 1831–1858. CHL. MS 713.

  5. 5

    History of Jackson County, Missouri, 170, 256; “To His Excellency, Daniel Dunklin,” The Evening and the Morning Star, Dec. 1833, 114; “We the Undersigned Citizens of Jackson County,” [July 1833], Edward Partridge, Papers, CHL.  

    Hickman, W. Z. History of Jackson County, Missouri. Topeka, KS: Historical Publishing Co., 1920.

    The Evening and the Morning Star. Independence, MO, June 1832–July 1833; Kirtland, OH, Dec. 1833–Sept. 1834.

    Partridge, Edward. Papers, 1818–1839. CHL. MS 892.

  6. 6

    Letter, Samuel Owens to Thomas Ford, 10 June 1843; see also “The Federal Whig Conspiracy to Obtain the Mormon Votes for Browning and Walker—Unexampled Villainy,” Nauvoo Neighbor, 19 July 1843, [2].  

    Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

  7. 7

    Indictment, ca. 5 June 1843 [Extradition of JS for Treason]; Docket Entry, Indictment, 6 June 1843 [Extradition of JS for Treason]; Missouri Constitution of 1820, art. 13, sec. 15; An Act Concerning Crimes and Their Punishments [20 Mar. 1835], Revised Statutes of the State of Missouri [1834–1835], p. 166, sec. 1; see also Introduction to State of Missouri v. Gates et al. for Treason. The grand jury was composed of foreman John W. Thornton, Nimrod Dunkin, John A. Tuggle, John Edwards, William Roper, Solomon Frazier, Moses Netherton, Joseph Smith (no relation to JS), Levi Peacock, William Mitchell, John McClung, James Stone, Thomas Drain, Benedick Weldon, and Joseph Nelson. Witnesses included Adam Black, John Rogers, Jacob Rogers, and “others.” (Daviess Co., MO, Cir. Ct. Record Book A, 359–360, Daviess Co. Courthouse, Gallatin, MO.)  

    Missouri Constitution, 1820. Record Group 5, Office of the Secretary of State. MSA.

    The Revised Statutes of the State of Missouri, Revised and Digested by the Eighth General Assembly during the Years One Thousand Eight Hundred and Thirty-Four, and One Thousand Eight Hundred and Thirty-Five. . . . St. Louis: Argus Office, 1835.

    Daviess County, Missouri. Circuit Court Record, vol. A, July 1837–Oct. 1843. Daviess County Courthouse, Gallatin, MO.

  8. 8

    Letter, Joseph H. Reynolds to Editor, 10 July 1843; Power of Attorney, 13 June 1843 [Extradition of JS for Treason]. The requisition is apparently not extant. The United States Constitution states that “a Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.” In 1793, Congress passed a statute that enacted this provision and specified that the requisition—the document requesting the extradition—should be accompanied by either an affidavit or an indictment specifying the charge. (U.S. Constitution, art. 4, sec. 2; An Act Respecting Fugitives from Justice, and Persons Escaping from the Service of Their Masters [12 Feb. 1793], Public Statutes at Large, 2nd Cong., 2nd Sess., chap. 7, p. 302, sec. 1.)  

    Constitution of the United States of America . . . to Which Are Added, Standing Rules and Orders for Conducting Business in the House of Representatives of the United States. Washington DC: Gales and Seaton, 1843.

    The Public Statutes at Large of the United States of America, from the Organization of the Government in 1789, to March 3, 1845. . . . Edited by Richard Peters. 8 vols. Boston: Charles C. Little and James Brown, 1846–1867.

  9. 9

    Warrant, 17 June 1843 [Extradition of JS for Treason]; Letter, Thomas Ford to Mason Brayman, 3 July 1843 [Extradition of JS for Treason; JS, Journal, 16 June 1843.  

  10. 10

    JS, Journal, 13 June 1843; Recollections of the Pioneers of Lee County, 57–58.  

    Recollections of the Pioneers of Lee County. Dixon, IL: Inez A. Kennedy, 1893.

  11. 11

    “Minutes of a Special Conference,” Times and Seasons, 15 Sept. 1843, 4:329–330; see also Letter, Dixon, IL, to James Gordon Bennett, 23 June 1843, Nauvoo Neighbor, 26 July 1843, [3]. Previous attempts to arrest JS in Nauvoo during the earlier extraditions had been unsuccessful due to the extensive network of Latter-day Saints who were willing to harbor him in their homes. In addition, when officers did arrest JS in Nauvoo in August 1842, the Nauvoo Municipal Court issued a writ of habeas corpus that resulted indirectly in his release. (Editorial, Times and Seasons, Sept. 1840, 1:170; JS, Journal, 1011 Aug. and 7 Oct. 1842; Introduction to Documents, Volume 11: Joseph Smith Documents from September 1842 through February 1843, in JSP, D11:xix–xx; Letter to John M. Bernhisel, 7 Sept. 1842.)  

    Times and Seasons. Commerce/Nauvoo, IL. Nov. 1839–Feb. 1846.

    Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

    JSP, D11 / McBride, Spencer W., Jeffrey D. Mahas, Brett D. Dowdle, and Tyson Reeder, eds. Documents, Volume 11: September 1842–February 1843. Vol. 11 of the Documents series of The Joseph Smith Papers, edited by Matthew C. Godfrey, R. Eric Smith, Matthew J. Grow, and Ronald K. Esplin. Salt Lake City: Church Historian’s Press, 2020.

  12. 12

    JS, Journal, 18 June 1843; Clayton, Journal, 18 and 21 June 1843.  

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

  13. 13

    William Clayton, Journal Excerpt, 23 June 1843 [Extradition of JS for Treason]; “Missouri vs Joseph Smith,” 1 July 1843 [Extradition of JS for Treason]; Letter from Edward Southwick, 29 July 1843; Declaration, ca. 18 Aug. 1843 [JS v. Reynolds and Wilson–A]; JS History, vol. D-1, 1583–1584.  

  14. 14

    William Clayton, Journal Excerpt, 23 June 1843 [Extradition of JS for Treason]; “Missouri vs Joseph Smith,” 1 July 1843 [Extradition of JS for Treason]; JS History, vol. D-1, 1583–1584; Praecipe, ca. 11 Sept. 1843 [JS v. Reynolds and Wilson–A].  

  15. 15

    Letter, Edward Southwick to Editor, 12 July 1843; William Clayton, Journal Excerpt, 23 June 1843 [Extradition of JS for Treason]; JS History, vol. D-1, 1583–1584; see also Discourse, 30 June 1843. Walker had previously represented JS in the June 1841 hearing before Stephen A. Douglas. (Introduction to Extradition of JS et al. for Treason and Other Crimes.)  

  16. 16

    In answer to a petition from JS, Joseph Chamberlin, the Lee County master in chancery, ordered circuit court clerk Charles Chase to issue the writ of habeas corpus, in accordance with Illinois law. (William Clayton, Journal Excerpt, 23 June 1843 [Extradition of JS for Treason]; JS History, vol. D-1, 1583–1584; 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 [1839], p. 145, sec. 2; People v. Town, 4 Ill. [3 Scammon] 19 [Ill. Sup. Ct. 1841]; see also JS, Journal, 27 Dec. 1842.)  

    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.

    Scammon / Scammon, J. Young. Reports of Cases Argued and Determined in the Supreme Court of the State of Illinois. 4 vols. St. Louis: W. J. Gilbert, 1869–1870.

  17. 17

    The documents for the cases stemming from these charges are apparently not extant. However, both William Clayton and Reynolds summarized the charges. Wilson and Reynolds were charged with committing assault and battery against JS and Latter-day Saint Stephen Markham, who was with JS at the time of the arrest. Wilson was also charged with denying JS the right to a writ of habeas corpus. (William Clayton, Journal Excerpt, 23 June 1843 [Extradition of JS for Treason]; Letter, Joseph H. Reynolds to Editor, 10 July 1843; see also JS History, vol. D-1, 1583–1584.)  

  18. 18

    Introduction to JS v. Reynolds and Wilson; Affidavit, 24 June 1843 [JS v. Reynolds and Wilson–A].  

  19. 19

    JS History, vol. D-1, 1584–1585; “Missouri vs Joseph Smith,” 1 July 1843 [Extradition of JS for Treason]; see also Discourse, 4 July 1843.  

  20. 20

    Affidavit from Shepherd Patrick and Others, 2 July 1843. The writ of habeas corpus is apparently not extant, but JS’s attorneys alluded to its language in their 2 July 1843 affidavit. Under Illinois law, judges of the state’s supreme and circuit courts were authorized on habeas corpus to review the legality of detentions. In 1841, the Illinois legislature divided the state into nine judicial circuits, each of which covered several counties. Each circuit was presided over by one judge, who held court in county circuit courts in biannual sessions, with times determined by the legislature. In March 1843, the fifth judicial circuit included ten counties—Adams, Brown, Fulton, Hancock, Henderson, Knox, Marquette, McDonough, Schuyler, and Warren—clustered along the western border of Illinois. (An Act Regulating the Proceeding on Writs of Habeas Corpus [22 Jan. 1827], Public and General Statute Laws of the State of Illinois [1839], p. 322, sec. 1; An Act to Establish Circuit Courts [23 Feb. 1841], Laws of the State of Illinois [1840–1841], pp. 103–105, 108, secs. 1, 4, 9, 18; An Act to Change the Time of Holding Courts in the Fifth Judicial Circuit [4 Mar. 1843], Laws of the State of Illinois [1842–1843], p. 136, secs. 1, 4; Map of Illinois, 31 July 1843, in JSP, D12:548.)  

    The Revised Code of Laws, of Illinois, Enacted at the Fifth General Assembly, at Their Session Held at Vandalia, Commencing on the Fourth Day of December, 1826, and Ending the Nineteenth of February, 1827. Vandalia, IL: Robert Blackwell, 1827.

    Laws of the State of Illinois, Passed by the Twelfth General Assembly, at Their Session, Began and Held at Springfield, on the Seventh of December, One Thousand Eight Hundred and Forty. Springfield, IL: William Walters, 1841.

    Laws of the State of Illinois, Passed by the Thirteenth General Assembly, at Their Regular Session, Began and Held at Springfield, on the Fifth of December, One Thousand Eight Hundred and Forty-Two. Springfield, IL: Walters and Weber, 1843.

    JSP, D12 / Grua, David W., Brent M. Rogers, Matthew C. Godfrey, Robin Scott Jensen, Christopher James Blythe, and Jessica M. Nelson, eds. Documents, Volume 12: March–July 1843. Vol. 12 of the Documents series of The Joseph Smith Papers, edited by Matthew C. Godfrey, R. Eric Smith, Matthew J. Grow, and Ronald K. Esplin. Salt Lake City: Church Historian’s Press, 2021.

  21. 21

    “Arrest of Joseph Smith,” Nauvoo Neighbor, 19 July 1843, [2]; Historical Introduction to Memorial to the United States Senate and House of Representatives, ca. 30 Oct. 1839–27 Jan. 1840. Stephen A. Douglas was previously judge of the fifth judicial circuit, but he resigned on 28 June 1843 to run as Illinois’s Democratic candidate for Congress. Although Young was judge of the seventh judicial circuit, he maintained residency in Quincy, which was within the fifth circuit. (An Act to Establish Circuit Courts [23 Feb. 1841], Laws of the State of Illinois [1840–1841], p. 105, sec. 9; “Stephen A. Douglas,” Illinois State Register [Springfield], 23 June 1843, [2]; Gross and Gross, Index to All the Laws of the State of Illinois, ix; Snyder, “Forgotten Statesmen of Illinois,” 318, 320.)  

    Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

    Laws of the State of Illinois, Passed by the Twelfth General Assembly, at Their Session, Began and Held at Springfield, on the Seventh of December, One Thousand Eight Hundred and Forty. Springfield, IL: William Walters, 1841.

    Illinois State Register. Springfield, IL. 1839–1861.

    Gross, Eugene L., and William L. Gross. An Index to All the Laws of the State of Illinois, Both Public and Private, Which Are Not Printed at Large in Gross’ Statutes of 1869. Springfield, IL: E. L. and W. L. Gross, 1869.

    Snyder, John F. “Forgotten Statemen of Illinois. Hon. Conrad Will.” In Transactions of the Illinois State Historical Society for the Year 1905, 350–377. Springfield, Illinois: Illinois State Historical Library, 1906.

  22. 22

    Reynolds and Wilson obtained their writ of habeas corpus from Lee County court officials, as JS did. (Letter, Joseph H. Reynolds to Editor, 10 July 1843; Edward Southwick, Statement, 5 July 1843.)  

  23. 23

    Letter, Edward Southwick to Editor, 12 July 1843; “Arrest of Joseph Smith,” Nauvoo Neighbor, 19 July 1843, [2]; JS History, vol. D-1, 1586–1589.  

    Nauvoo Neighbor. Nauvoo, IL. 1843–1845.

  24. 24

    Letter, Joseph H. Reynolds to Editor, 10 July 1843.  

  25. 25

    Edward Southwick, Statement, 5 July 1843. In JS’s 30 June 1843 discourse, he also implied that the decision to go to Nauvoo rather than Quincy was made before leaving Dixon. (Discourse, 30 June 1843.)  

  26. 26

    See “The Nauvoo Municipal Court and the Writ of Habeas Corpus”; and Smith, “Joseph Smith’s Use of the Law as Catalyst for Assassination,” 8–42.  

    Smith, Alex D. “Untouchable: Joseph Smith’s Use of the Law as Catalyst for Assassination.” Journal of the Illinois State Historical Society 112, no. 1 (Spring 2019): 8–42.

  27. 27

    JS, Journal, 6 Aug. 1843.  

  28. 28

    Discourse, 30 June 1843.  

  29. 29

    Letter, Edward Southwick to Editor, 12 July 1843.  

  30. 30

    Letter, Joseph H. Reynolds to Editor, 10 July 1843.  

  31. 31

    JS History, vol. D-1, 1587; Woodruff, Journal, 25 June 1843. Willard Richards wrote in JS’s journal that “about 40” legion troops were part of the traveling party when it entered Nauvoo on 30 June 1843. However, Peter Cownover, one of the soldiers who intercepted the party on 27 June, reported in 1854 that “about 100” troops joined the party “in several little squads” prior to reaching Nauvoo. (JS, Journal, 30 June 1843; Peter W. Cownover, Statement, [26 Sept. 1854], Historian’s Office, JS History Documents, ca. 1839–1860, CHL; see also Clayton, Journal, 25 June 1843; and William P. McIntire, Statement, 3 Oct. 1854, Historian’s Office, JS History Documents, ca. 1839–1860, CHL.)  

    Woodruff, Wilford. Journals, 1833–1898. Wilford Woodruff, Journals and Papers, 1828–1898. CHL. MS 1352.

    Historian’s Office. Joseph Smith History Documents, 1839–1860. CHL. CR 100 396.

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

  32. 32

    Letter from Edward Southwick, 29 July 1843.  

  33. 33

    Discourse, 30 June 1843; Edward Southwick, Statement, 5 July 1843.  

  34. 34

    Letter, Joseph H. Reynolds to Editor, 10 July 1843; JS History, vol. D-1, 1589.  

  35. 35

    JS, Journal, 30 June 1843; Clayton, Journal 30 June 1843; Petition to Nauvoo Municipal Court, 30 June 1843 [Extradition of JS for Treason].  

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

  36. 36

    Warrant, 17 June 1843 [Extradition of JS for Treason]; Power of Attorney, 13 June 1843 [Extradition of JS for Treason]; Docket Entry, 1–ca. 6 July 1843 [Extradition of JS for Treason].  

  37. 37

    Act to Incorporate the City of Nauvoo, 16 Dec. 1840; Docket Entry, 1–ca. 6 July 1843 [Extradition of JS for Treason].  

  38. 38

    Habeas Corpus, 30 June 1843 [Extradition of JS for Treason]; Docket Entry, 1–ca. 6 July 1843 [Extradition of JS for Treason]; see also Historical Introduction to Petition to Nauvoo Municipal Court, 30 June 1843, in JSP, D12:406.  

    JSP, D12 / Grua, David W., Brent M. Rogers, Matthew C. Godfrey, Robin Scott Jensen, Christopher James Blythe, and Jessica M. Nelson, eds. Documents, Volume 12: March–July 1843. Vol. 12 of the Documents series of The Joseph Smith Papers, edited by Matthew C. Godfrey, R. Eric Smith, Matthew J. Grow, and Ronald K. Esplin. Salt Lake City: Church Historian’s Press, 2021.

  39. 39

    Minutes, 30 June–1 July 1843, Edward Southwick Draft [Extradition of JS for Treason]; Docket Entry, 1–ca. 6 July 1843 [Extradition of JS for Treason].  

  40. 40

    Letter, Joseph H. Reynolds to Editor, 10 July 1843; Habeas Corpus, 30 June 1843, Copy [Extradition of JS for Treason].  

  41. 41

    Discourse, 30 June 1843.  

  42. 42

    Hyrum Smith, Testimony, 1 July 1843 [Extradition of JS for Treason]; Parley P. Pratt, Testimony, 1 July 1843 [Extradition of JS for Treason]; George Pitkin, Testimony, 1 July 1843 [Extradition of JS for Treason]; Brigham Young, Testimony, 1 July 1843 [Extradition of JS for Treason]; Lyman Wight, Testimony, 1 July 1843 [Extradition of JS for Treason]; Sidney Rigdon, Testimony, 1 July 1843 [Extradition of JS for Treason].  

  43. 43

    Minutes, 30 June–1 July 1843, Edward Southwick Draft [Extradition of JS for Treason]; Docket Entry, 1–ca. 6 July 1843 [Extradition of JS for Treason]; see also “The Nauvoo Municipal Court and the Writ of Habeas Corpus.”  

  44. 44

    Clayton, Journal, 2 July 1843; see also JS, Journal, 2 July 1843; and Letter, Joseph H. Reynolds to Editor, 10 July 1843.  

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

  45. 45

    JS, Journal, 2 July 1843; Clayton, Journal, 2 July 1843.  

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

  46. 46

    Historical Introduction to Discourse, 4 July 1843, in JSP, D12:430–433; Historical Introduction to Letter from Edward Southwick, 29 July 1843, in JSP, D12:508–510.  

    JSP, D12 / Grua, David W., Brent M. Rogers, Matthew C. Godfrey, Robin Scott Jensen, Christopher James Blythe, and Jessica M. Nelson, eds. Documents, Volume 12: March–July 1843. Vol. 12 of the Documents series of The Joseph Smith Papers, edited by Matthew C. Godfrey, R. Eric Smith, Matthew J. Grow, and Ronald K. Esplin. Salt Lake City: Church Historian’s Press, 2021.

  47. 47

    Letter, Thomas Ford to Mason Brayman, 3 July 1843 [Extradition of JS for Treason.  

  48. 48

    JS, Journal, 7 July 1843; Historical Introduction to Affidavit, 7 July 1843, in JSP, D12:441.  

    JSP, D12 / Grua, David W., Brent M. Rogers, Matthew C. Godfrey, Robin Scott Jensen, Christopher James Blythe, and Jessica M. Nelson, eds. Documents, Volume 12: March–July 1843. Vol. 12 of the Documents series of The Joseph Smith Papers, edited by Matthew C. Godfrey, R. Eric Smith, Matthew J. Grow, and Ronald K. Esplin. Salt Lake City: Church Historian’s Press, 2021.

  49. 49

    Trial Report, 8–ca. 26 July 1843, as Published in Nauvoo Neighbor [Extradition of JS for Treason]; Trial Report, 8–ca. 26 July 1843, as Published in Evidence [Extradition of JS for Treason]; Trial Report, 8–ca. 26 July 1843, as Published in Times and Seasons [Extradition of JS for Treason].  

  50. 50

    Historical Introduction to Letter from Mason Brayman, 29 July 1843, in JSP, D12:502; see also “Illinois and Missouri,” 15 Aug. 1843 [Extradition of JS for Treason].  

    JSP, D12 / Grua, David W., Brent M. Rogers, Matthew C. Godfrey, Robin Scott Jensen, Christopher James Blythe, and Jessica M. Nelson, eds. Documents, Volume 12: March–July 1843. Vol. 12 of the Documents series of The Joseph Smith Papers, edited by Matthew C. Godfrey, R. Eric Smith, Matthew J. Grow, and Ronald K. Esplin. Salt Lake City: Church Historian’s Press, 2021.