Footnotes
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.)
James F. Owings, Notation, 6 Jan. 1843, JS Collection, CHL; Clayton, Journal, 6 Jan. 1843.
Clayton, William. Journals, 1842–1845. CHL.
“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.
See the full bibliographic entry for JS Collection, 1827–1844, in the CHL catalog.
Footnotes
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.
JS, Journal, 31 Dec. 1842; Clayton, Journal, 31 Dec. 1842.
Clayton, William. Journals, 1842–1845. CHL.
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.)
James F. Owings, Notation, 6 Jan. 1843, JS Collection, CHL; Clayton, Journal, 6 Jan. 1843.
Clayton, William. Journals, 1842–1845. CHL.
Extradition of JS for Accessory to Assault, U.S. Circuit Court for the District of IL, 5 January 1843
This is a reference to the affidavit sworn by Lilburn W. Boggs charging JS with being a fugitive from justice. (Lilburn W. Boggs, Affidavit, 20 July 1842.)
Wilson Law arrested JS on 26 December 1842 on the authority of the 20 September 1842 proclamation issued by Thomas Carlin. Carlin explained that the proclamation was issued “in conformity to an act entitled ‘An act concerning fugitives from justice.’” That law stipulated that “whenever the executive of any other state, or of any territory of the United States, shall demand of the executive of this state any person as a fugitive from justice, . . . it shall be the duty of the executive of this state to issue his warrant under the seal of the state, to apprehend the said fugitive,” and that any officer of the state authorized by the governor to execute the warrant was to “convey such fugitive to any place within this state, which the executive in his said warrant shall direct.” (Clayton, Journal, 26 Dec. 1842; Thomas Carlin, Proclamation, 20 Sept. 1842; An Act concerning Fugitives from Justice [6 Jan. 1827], Public and General Statute Laws of the State of Illinois, p. 318, sec. 1.)
Clayton, William. Journals, 1842–1845. CHL.
The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.
Justin Butterfield urged JS to argue that his arrest was illegal because he could prove he was not “in the State of Missouri at the time of the commission of the said crime.” Butterfield shared this strategy with Sidney Rigdon, William Clayton, and Willard Richards prior to JS’s arrest and his journey to Springfield. (Justin Butterfield, Chicago, IL, to Sidney Rigdon, [Nauvoo, IL], 20 Oct. 1842, Sidney Rigdon, Collection, CHL; Clayton, Journal, 14 Dec. 1842.)
Rigdon, Sidney. Collection, 1831–1858. CHL. MS 713.
Clayton, William. Journals, 1842–1845. CHL.
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