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
I.
Pleas before the Circuit Court of the United States for the
district of Illinois, at the December term, A. D., 1842, December
31st.
In the matter of Joseph Smith: Petition for habeas corpus.
Justin Butterfield, attorney for said petitioner, comes and moves
the court for the allowance of a writ of habeas corpus, and files
the annexed petition and the papers referred to therein.
To the Honorable the Circuit Court of the United States for the
district of Illinois:
The petition of Joseph Smith respectfully showeth that he has been
arrested, and is detained in custody by William F. Elkin, sheriff
of Sangamon county, upon a warrant issued by the governor of the
state Illinois, upon the requisition of the governor of Missouri,
as a fugitive from justice, a copy of the said warrant and the
requisition and affidavit upon which the same was issued, is hereto
annexed. And your petitioner is also arrested by Wilson Law, and
by him also held and detained in custody, (jointly with the said
sheriff of Sangamon county) upon a proclamation issued by the
governor of the state of Illinois, a copy of which proclamation
is hereunto annexed. Your petitioner prays that a writ of habeas
corpus may be issued by this court directed to the said William
F. Elkin and Wilson Law, commanding them forthwith and without
delay to bring your petitioner before this honorable court, to
abide such order and direction as the said court may make in these
premises. Your petitioner states that he is arrested and detained
as aforesaid under color of a law of the United {234} States, and
that his arrest and detention is illegal and in violation of law;
and without the authority of law, in this, that your petitioner
is not a fugitive from justice, nor has he fled from the state of
Missouri. And your petitioner, as in duty bound, will ever pray.
JOSEPH SMITH.
II.
The Governor of the State of Missouri to the Governor of the State
of Illinois--greeting:
Whereas it appears by the annexed document, which is hereby
certified as authentic, that one Joseph Smith is a fugitive from
justice, charged with being accessory before the fact, to an
assault with intent to kill, made by one O. P. Rockwell on Lilburn
W. Boggs, in this state; and it is represented to the executive
department of this state, has fled to the state of Illinois:
Now, therefore, I, Thomas Reynolds, governor of the state
of Missouri, by virtue of the authority in me vested by the
Constitution and laws of the United States, do, by these presents
demand the surrender and delivery of the said Joseph Smith to
Edward R. Ford, who is hereby appointed as the agent to receive the
said Joseph Smith on the part of this state.
Public-domain text, read in full here on John Shaqi.
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