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

  • Source Note
  • Historical Introduction
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it commands the officers therein named to arrest one Joseph Smith Junior, whereas the name of your petitioner is Joseph Smith Senior, & your petitioner avers that he is not known & reputed by the name of Joseph Smith Junior—
2d The said supposed warrant is defective & void for that it does not recite that the Joseph Smith Jr. mentioned therein has been demanded by the of the State of of the of the State of
3d said supposed warrant is defective & void for that it does not state that said Joseph Smith Junior therein named had been indicted or that any other legal accusation of any offence has been legally preferred & is as pending against him in the State of
4th It is defective & void for that it does not show that any legal foundation was furnished was furnished by the of the State of as a foundation upon which to issue the same; & Your Petitioner avers that the same was issued without due authority of law—
5th Said supposed warrant is in other respects defective & void—
6th The said has no authority to detain your petitioner in custody; for that he is not an officer of the State of , nor is he legally authorized by the said [p. [2]]
it commands the officers therein named to arrest one Joseph Smith Junior, whereas the name of your petitioner is Joseph Smith Senior, & your petitioner avers that he is not known & reputed by the name of Joseph Smith Junior—
2d The said supposed warrant is defective & void for that it does not recite that the Joseph Smith Jr. mentioned therein has been demanded by the of the State of of the of the State of
3d said supposed warrant is defective & void for that it does not state that said Joseph Smith Junior therein named had been indicted or that any other legal accusation of any offence has been legally preferred & is as pending against him in the State of
4th It is defective & void for that it does not show that any legal foundation was furnished by the of the State of upon which to issue the same; & Your Petitioner avers that the same was issued without due authority of law—
5th Said supposed warrant is in other respects defective & void—
6th The said has no authority to detain your petitioner in custody; for that he is not an officer of the State of , nor is he legally authorized by the said [p. [2]]
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