History of the Church of Jesus Christ of Latter-day Saints, Volume 5Smith, Joseph, Jr.
History
History of the Church of Jesus Christ of Latter-day Saints, Volume 5
Smith, Joseph, Jr.
Church of Jesus Christ of Latter-day Saints; Smith, Joseph, Jr., 1805-1844
This, however, is not an editorial expression of the _Wasp_; but is
found in a communication, on the editorial page, it is true, signed
by a now unknown writer under the nom de plume, "Vortex," who is
indignantly taking to task a correspondent in the _Hawk Eye,_ a paper
published in Keokuk, Iowa, for charging the supposed assassination of
Boggs upon some Mormon. It is "Vortex" in the _Wasp_ that refers to
the then supposed assassination of Boggs as a "noble deed," not the
editor. The editorial comment of the _Wasp_ on this communication from
"Vortex" is as follows: "We admit the foregoing communication to please
our correspondent, not that we have any faith that any one has killed
Governor Boggs. The last account we have received is that he is still
living and likely to live." On the same page of the _Wasp_ is published
Joseph Smith's denial of complicity in the then supposed assassination
of Boggs and also the prediction of his violent death.
_The First Attempt of Missouri to Extradite the Prophet_.
That Joseph Smith should be accused of the crime of being accessory
before the fact to the attempted assassination of ex-Governor Boggs,
was perhaps to be expected as soon as a Mormon was charged with the
assault. But that his extradition should be demanded by Missouri on
the ground that he was "a fugitive from justice from that State" is
something at which to be astonished, even when the {XXIII} action is
by the officials of Missouri of the period of which I am writing.
For surely it must be a true principle of law--since it is a plain
deduction from common sense principles--that the alleged fugitive from
justice must be such in connection with and in consequence of the crime
with which he is charged. It was matter of common knowledge both in
Missouri and in Illinois, that Joseph Smith had not been in Missouri
for more than three years preceding the assault upon Boggs, nor since
the time of the assault; and that on the day the assault was made he
was in attendance upon an officer's drill. Finally, then, he was not
a fugitive from the State of Missouri in respect of this particular
crime, therefore not extraditable under such charge. If, then, Joseph
Smith had committed the crime of being accessory before the fact, to
the assault upon Boggs at all, it must have been a crime committed in
the state of Illinois and not in the state of Missouri. Therefore he
was not extraditable for the offense at all, but he must be tried, if
tried at all, in the state where the crime was committed, _viz_., in
Illinois. But if astonishment is due that even Missouri should make
such palpable blunders in legal procedure in moving for the extradition
of the Prophet, astonishment changes to amazement when Governor Carlin
of Illinois becomes a party to the attempted illegal extradition. The
whole procedure up to the close of Carlin's administration (which
went out of existence on the 8th of December 1842), warrants the
Public-domain text, read in full here on John Shaqi.
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