Account of Hearing, 4 January 1843 [Extradition of JS for Accessory to Assault]

Source Note

Account of Hearing,
Springfield
Settled by 1819. Incorporated as town, 1832. Became capital of Illinois, 1837. Incorporated as city, 1840. Sangamon Co. seat. Population in 1840 about 2,600. Stake of Church of Jesus Christ of Latter-day Saints organized in Springfield, Nov. 1840; discontinued...
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, Sangamon Co., IL, 4 Jan. 1843, Extradition of JS for Accessory to Assault (United States Circuit Court for the District of IL 1843); in JS, Journal, 1842–1844, Book 1, pp. 50–73; handwriting of
Willard Richards
24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...
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; JS Collection, CHL.
Historical Introduction

See Introduction to Extradition of JS for Accessory to Assault.

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passed a Law to prevent any person from speaking disrespe[c]tfully of her inability to pay her debts <we> Might have ½ the <before our cou[r]ts> for Saying we could not pay our debts.— Alabama ag[ain]st — in case of Williams—

Wms had been Spiritually there had not fl[e]d— f[r]om the Justice of that state. <the> Right to demand & power to give up coextensive. < was not an ab[o]litionist as the Gent wo[u]ld intimate>— ⅔ ’s Message to abuse abolitionist

that an attempt should be made to deliver up a man who has never ben out of the state strikes at all the liberty— <of our instituti[o]ns> his fate to day may bee yours tomorrow [p. 71]

passed a Law to prevent any person from speaking disrespectfully of her inability to pay her debts we Might have ½ the before our courts for Saying we could not pay our debts.— Alabama against — in case of Williams—

Wms had been Spiritually there had not fled— from the Justice of that state. the Right to demand & power to give up coextensive. was not an abolitionist as the Gent would intimate— ⅔ ’s Message to abuse abolitionist

that an attempt should be made to deliver up a man who has never ben out of the state strikes at all the liberty— of our institutions his fate to day may bee yours tomorrow [p. 71]

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Editorial Title
Account of Hearing, 4 January 1843 [Extradition of JS for Accessory to Assault]
ID #
18149
Total Pages
24
Handwriting on This Page
- Willard Richards
Footnotes
1. 48
  TEXT: Possibly “their” or “her”.
2. 49
  In October 1842 Butterfield explained in detail the legal basis of this defense of JS in a letter written to Sidney Rigdon. The State of Alabama v. Williams case was the foundation of his argument. Robert G. Williams, an abolitionist residing in New York, was indicted by an Alabama court in 1835 on charges of “intending to produce conspiracy, insurrection and rebellion among the slave population” for distributing his antislavery paper The Emancipator in the latter state. In his request for Williams’s extradition, Alabama governor John Gayle stated that Williams was not in the state when the crime was committed and had not “fled” as the wording in the Constitution required, “according to the strict literal import of that term.” Gayle argued that the term “fled” should be interpreted as “evade” and that Williams should be extradited even though he had not physically fled from the justice of Alabama. New York governor William Marcy, though personally highly critical of abolitionism, rejected this interpretation and refused to extradite Williams, maintaining his stance that a fugitive must physically flee the jurisdiction of the state attempting extradition. The Alabama requisition papers, Gayle’s letter, and Marcy’s lengthy response were printed in the Albany Argus. (Justin Butterfield, Chicago, IL, to Sidney Rigdon, [Nauvoo, IL], 20 Oct. 1842, copy, Sidney Rigdon, Collection, CHL; “Requisition of the Governor of Alabama,” Albany Argus, 7 Jan. 1836, [2].)
  
  Rigdon, Sidney. Collection, 1831–1858. CHL. MS 713.
  Albany Argus. Albany, NY. 1825–1856.
3. 50
  The message cited is probably a reference to New York governor Marcy’s message to the New York state legislature of 5 January 1836. Marcy made it clear that he had protected New York abolitionist Williams from extradition to Alabama because his alleged seditious acts “arose from acts done within this State.” (Documents of the Assembly of the State of New-York, no. 2, pp. 29–39.)
  
  Documents of the Assembly of the State of New-York, Fifty-Ninth Session, 1836. Vol. 1, From No. 1 to No. 42 Inclusive. Albany: E. Croswell, 1836.

Account of Hearing, 4 January 1843 [Extradition of JS for Accessory to Assault]

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