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]
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Source Note
JS, Petition, [, Sangamon Co., IL], to the Circuit Court for the District of , [31 Dec. 1842], Extradition of JS for Accessory to Assault (United States Circuit Court for the District of IL 1843). Featured version copied [6 Jan. 1843] in Transcript of Proceedings, [1]–[2]; handwriting of ; JS Collection, CHL. Includes notation.Single leaf, measuring 12⅜ × 7⅞ inches (31 × 20 cm) and ruled with thirty-nine horizontal lines. The leaf was folded in half twice. This leaf has the same dimensions as the leaves on which fourteen other documents related to JS’s second extradition hearing were copied; small holes at the top of the leaf indicate where it was attached to the other copies.On 6 January 1843, made this copy of the document for JS in the presence of circuit court clerk . A circa 1904 Church Historian’s Office (later Church Historical Department) inventory lists “Joseph smith before the distric court,” likely referring to the assembled copies of second extradition documents. By 1973 the document had been included in the JS Collection at the Church Historical Department (now CHL). Its likely inclusion in the circa 1904 inventory and its inclusion in the JS Collection by 1973 suggest continuous institutional custody.
Footnotes
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1
The collection of copies contains a prefatory note, bearing the remnants of a wax seal, that United States circuit court clerk James F. Owings wrote certifying the validity of the copies. (James F. Owings, Certificate, 6 Jan. 1843, JS Collection, CHL.)
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2
James F. Owings, Notation, 6 Jan. 1843, JS Collection, CHL; Clayton, Journal, 6 Jan. 1843.
Clayton, William. Journals, 1842–1845. CHL.
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3
“Index to Papers in the Historians Office,” ca. 1904, draft, 7, Historian’s Office, Catalogs and Inventories, 1846–1904, CHL.
Historian’s Office. Catalogs and Inventories, 1846–1904. CHL. CR 100 130.
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4
See the full bibliographic entry for JS Collection, 1827–1844, in the CHL catalog.
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Historical Introduction
On 31 December 1842, JS petitioned the Circuit Court for the District of in , Illinois, for a writ of in connection with his ongoing attempt to legally prevent his extradition to . The deputy sheriff of , Illinois, , took JS into custody earlier that morning in accordance with an arrest warrant that had been issued earlier that day by Illinois governor in order to comply with Missouri’s extradition requisition. Maxcy accompanied JS and his legal counsel, , to the office that Butterfield shared with his law partner, , where JS signed the petition to the court.JS, , and then proceeded to the courthouse, where they presented the petition to , the federal judge presiding over the circuit court. Under Pope’s direction, the clerk of the court, , issued the writ of habeas corpus, specifying that sheriff would present JS before the court to determine the legality of his arrest. JS had been in custody since 26 December, when , major general, arrested him in preparation for his journey from , Illinois, to to make his legal appeal.The original petition is no longer extant. While it is unclear who authored the petition, the circumstances surrounding its creation suggest that participated in composing it. created a copy of the petition on 6 January 1843 in cooperation with , who certified the validity of the transcription. Clayton’s copy is featured here.See also Introduction to Extradition of JS for Accessory to Assault and Appendix 1: Missouri Extradition Attempt, 1842–1843, Selected Documents, Introduction.
Footnotes
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1
JS, Journal, 31 Dec. 1842; Arrest Warrant, 31 Dec. 1842; Petition to Thomas Ford, 31 Dec. 1842.
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2
JS, Journal, 31 Dec. 1842. Butterfield and Edwards became law partners in June 1842. (“B. S. Edwards,” Sangamo Journal [Springfield, IL], Extra, 10 June 1842, [1]; “Edwards & Butterfield,” Sangamo Journal, 1 July 1842, [3].)
Sangamo Journal. Springfield, IL. 1831–1847.
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3
JS, Journal, 31 Dec. 1842; Clayton, Journal, 31 Dec. 1842.
Clayton, William. Journals, 1842–1845. CHL.
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5
Petition to Chauncey Robison, 26 Dec. 1842. Governor Thomas Carlin’s proclamation, issued in September 1842 at the request of Missouri governor Thomas Reynolds, allowed “any person” to apprehend JS and deliver him to authorities. Accordingly, on 26 December 1842, JS surrendered to arrest by Law. Once Maxcy took custody of JS on behalf of the state, he and Law shared custody. (Thomas Carlin, Proclamation, 20 Sept. 1842.)
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6
James F. Owings, Notation, 6 Jan. 1843, JS Collection, CHL; Clayton, Journal, 6 Jan. 1843.
Clayton, William. Journals, 1842–1845. CHL.
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