Documents, Volume 11, Part 3 Introduction: 17 December 1842–18 January 1843
Part 3: 17 December 1842–18 January 1843
On 9 December 1842, , , , and other
associates of JS traveled from , Illinois, to
,
Illinois, to attend to several legal matters. The
men hoped to meet with , the
attorney for , to dispel his objections to JS’s
bankruptcy petition, for which a hearing was scheduled for 15
December.
The men also sought Butterfield’s legal assistance regarding the
requisition and the ongoing attempt by Illinois
officials to arrest JS and extradite him to Missouri to face charges
related to the attempted assassination of former governor . After the
traveling party spent several days lobbying Illinois governor for support, Ford, Butterfield, and member each wrote to
JS imploring him to come to Springfield so that the matter of the
ongoing extradition efforts could be resolved. In addition to assuring
him that he had a strong case for dismissal, they promised him
safety and a fair hearing in the state capital.
Acting on this advice, JS determined to
travel to and
have the matter adjudicated by either the Supreme Court or the Circuit Court
for the District of Illinois. On 26 December, JS submitted to a
prearranged arrest by , the major
general of the . JS then sent church
members and to , Illinois,
to obtain a writ of for the
arrest, thereby setting up the need for a hearing in
Springfield. That same day, Law and
JS departed for
Springfield in the company of several other friends. After their
arrival in the capital, they met with and state officers
over the next several days. As
part of the legal process preceding the planned habeas corpus
hearing, JS created several documents, including petitions to and the United States Circuit Court for the
District of Illinois as well as an affidavit.
Based on ’s advice, the
affidavit argued that extradition was illegal because JS had not
been in at the time of the assassination
attempt. Accordingly, JS stated that he was not a fugitive from
justice and that his case did not fall within the purview of
extradition law.
On 4 January, JS’s case was heard by
United States circuit court judge , with
Butterfield representing JS. The next morning, Pope decided in favor
of JS and ordered his release.
After a celebratory journey back to Nauvoo, on 10 January JS arrived at home,
where the Saints were also jubilant about his discharge.
Part 3 of this volume consists of seventeen documents,
including several associated with the habeas corpus hearing. The
part also features letters that JS sent to and
received from several church members and business associates, the
copyright for a map of , songs church members wrote to commemorate
’s decision, and an invitation to a party to celebrate JS’s release.