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  2. Documents, Volume 11, Part 3 Introduction: 17 December 1842–18 January 1843

Part 3: 17 December 1842–18 January 1843

On 9 December 1842,
Hyrum Smith

9 Feb. 1800–27 June 1844. Farmer, cooper. Born at Tunbridge, Orange Co., Vermont. Son of Joseph Smith Sr. and Lucy Mack. Moved to Randolph, Orange Co., 1802; back to Tunbridge, before May 1803; to Royalton, Windsor Co., Vermont, 1804; to Sharon, Windsor Co...

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,
William Clayton

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charnock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into Church of Jesus Christ of Latter-day Saints by Heber...

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,
Willard Richards

24 June 1804–11 Mar. 1854. Teacher, lecturer, doctor, clerk, printer, editor, postmaster. Born at Hopkinton, Middlesex Co., Massachusetts. Son of Joseph Richards and Rhoda Howe. Moved to Richmond, Berkshire Co., Massachusetts, 1813; to Chatham, Columbia Co...

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, and other associates of JS traveled from
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

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, Illinois, to
Springfield

Settled by 1819. Incorporated as town, 1832. Became capital of Illinois, 1837. Incorporated as city, 1840. Sangamon Co. seat. Population in 1840 about 2,600. Stake of Church of Jesus Christ of Latter-day Saints organized in Springfield, Nov. 1840; discontinued...

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, Illinois, to attend to several legal matters.
1

Clayton, Journal, 15 Dec. 1842; JS, Journal, 9–20 Dec. 1842.


Comprehensive Works Cited

Clayton, William. Journals, 1842–1845. CHL.

The men hoped to meet with
Justin Butterfield

1790–Oct. 1855. Teacher, lawyer. Born in Keene, Cheshire Co., New Hampshire. Moved to Watertown, Jefferson Co., New York, ca. 1810, where he taught school and studied law. Admitted to bar, 1812, at Watertown. Practiced law in Adams, Jefferson Co., and Sackets...

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, the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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attorney for
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

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, 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
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

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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
Lilburn W. Boggs

14 Dec. 1796–14 Mar. 1860. Bookkeeper, bank cashier, merchant, Indian agent and trader, lawyer, doctor, postmaster, politician. Born at Lexington, Fayette Co., Kentucky. Son of John M. Boggs and Martha Oliver. Served in War of 1812. Moved to St. Louis, ca...

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. After the traveling party spent several days lobbying Illinois governor
Thomas Ford

5 Dec. 1800–3 Nov. 1850. Schoolteacher, newspaperman, lawyer, politician, judge, author. Born in Uniontown, Fayette Co., Pennsylvania. Son of Robert Ford and Elizabeth Logue Forquer. Moved to St. Louis, 1804; to New Design (later American Bottom), Randolph...

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for support, Ford, Butterfield, and
church

The Book of Mormon related that when Christ set up his church in the Americas, “they which were baptized in the name of Jesus, were called the church of Christ.” The first name used to denote the church JS organized on 6 April 1830 was “the Church of Christ...

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member
James Adams

24 Jan. 1783–11 Aug. 1843. Lawyer, judge, insurance agent, land speculator. Born at Simsbury, Hartford Co., Connecticut. Son of Parmenio Adams and Chloe. In New York militia, served as ensign, 1805; as lieutenant; as captain, 1807; and as major, 1811–1815...

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each wrote to JS imploring him to come to Springfield so that the matter of the ongoing extradition efforts could be resolved.
2

Letter from Thomas Ford, 17 Dec. 1842; Letter from Justin Butterfield, 17 Dec. 1842; Letter from James Adams, 17 Dec. 1842.


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
Springfield

Settled by 1819. Incorporated as town, 1832. Became capital of Illinois, 1837. Incorporated as city, 1840. Sangamon Co. seat. Population in 1840 about 2,600. Stake of Church of Jesus Christ of Latter-day Saints organized in Springfield, Nov. 1840; discontinued...

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and have the matter adjudicated by either the
Illinois

Became part of Northwest Territory of U.S., 1787. Admitted as state, 1818. Population in 1840 about 480,000. Population in 1845 about 660,000. Plentiful, inexpensive land attracted settlers from northern and southern states. Following expulsion from Missouri...

More Info
Supreme Court or the
United States

North American constitutional republic. Constitution ratified, 17 Sept. 1787. Population in 1805 about 6,000,000; in 1830 about 13,000,000; and in 1844 about 20,000,000. Louisiana Purchase, 1803, doubled size of U.S. Consisted of seventeen states at time ...

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Circuit Court for the District of Illinois. On 26 December, JS submitted to a prearranged arrest by
Wilson Law

26 Feb. 1806–15 Oct. 1876. Merchant, millwright, land speculator, farmer. Born in Ireland. Son of Richard Law and Ann Hunter. Immigrated to U.S. and settled in Springfield Township, Mercer Co., Pennsylvania, by 1820. Moved to Delaware Township, Mercer Co....

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, the major general of the
Nauvoo Legion

A contingent of the Illinois state militia provided for in the Nauvoo city charter. The Nauvoo Legion was organized into two cohorts: one infantry and one cavalry. Each cohort could potentially comprise several thousand men and was overseen by a brigadier...

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. JS then sent church members
William Clayton

17 July 1814–4 Dec. 1879. Bookkeeper, clerk. Born at Charnock Moss, Penwortham, Lancashire, England. Son of Thomas Clayton and Ann Critchley. Married Ruth Moon, 9 Oct. 1836, at Penwortham. Baptized into Church of Jesus Christ of Latter-day Saints by Heber...

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and
Henry G. Sherwood

20 Apr. 1785–24 Nov. 1867. Surveyor. Born at Kingsbury, Washington Co., New York. Son of Newcomb Sherwood and a woman whose maiden name was Tolman (first name unidentified). Married first Jane J. McManagal (McMangle) of Glasgow, Lanark, Scotland, ca. 1824...

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to
Carthage

Located eighteen miles southeast of Nauvoo. Settled 1831. Designated Hancock Co. seat, Mar. 1833. Incorporated as town, 27 Feb. 1837. Population in 1839 about 300. Population in 1844 about 400. Site of acute opposition to Latter-day Saints, early 1840s. Site...

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, Illinois, to obtain a writ of
habeas corpus

“Have the body”; a written order from a court of competent jurisdiction commanding anyone having a person in custody to produce such person at a certain time and place and to state the reasons why he or she is being held in custody. The court will determine...

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for the arrest, thereby setting up the need for a hearing in Springfield.
3

Historical Introduction to Petition to Chauncey Robison, 26 Dec. 1842.


That same day, Law and JS departed
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

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for Springfield in the company of several other friends. After their arrival in the capital, they met with
Butterfield

1790–Oct. 1855. Teacher, lawyer. Born in Keene, Cheshire Co., New Hampshire. Moved to Watertown, Jefferson Co., New York, ca. 1810, where he taught school and studied law. Admitted to bar, 1812, at Watertown. Practiced law in Adams, Jefferson Co., and Sackets...

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and state officers over the next several days.
4

JS, Journal, 26–31 Dec. 1842.


As part of the legal process preceding the planned habeas corpus hearing, JS created several documents, including petitions to
Governor Ford

5 Dec. 1800–3 Nov. 1850. Schoolteacher, newspaperman, lawyer, politician, judge, author. Born in Uniontown, Fayette Co., Pennsylvania. Son of Robert Ford and Elizabeth Logue Forquer. Moved to St. Louis, 1804; to New Design (later American Bottom), Randolph...

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and the United States Circuit Court for the District of Illinois as well as an affidavit.
5

Petition to Thomas Ford, 31 Dec. 1842; Petition to the United States Circuit Court for the District of Illinois, 31 Dec. 1842; Affidavit, 2 Jan. 1843.


Based on
Butterfield

1790–Oct. 1855. Teacher, lawyer. Born in Keene, Cheshire Co., New Hampshire. Moved to Watertown, Jefferson Co., New York, ca. 1810, where he taught school and studied law. Admitted to bar, 1812, at Watertown. Practiced law in Adams, Jefferson Co., and Sackets...

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’s advice, the affidavit argued that extradition was illegal because JS had not been in
Missouri

Area acquired by U.S. in Louisiana Purchase, 1803, and established as territory, 1812. Missouri Compromise, 1820, admitted Missouri as slave state, 1821. Population in 1830 about 140,000; in 1836 about 240,000; and in 1840 about 380,000. Latter-day Saint ...

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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.
6

Affidavit, 2 Jan. 1843.


On 4 January, JS’s case was heard by United States circuit court judge
Nathaniel Pope

5 Jan. 1784–22 Jan. 1850. Lawyer, judge. Born at present-day Louisville, Jefferson Co., Kentucky. Son of William Pope and Penelope Edwards. Graduated from Transylvania University, 1806, at Lexington, Fayette Co., Kentucky. Moved to St. Genevieve, St. Genevieve...

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, with Butterfield representing JS. The next morning, Pope decided in favor of JS and ordered his release.
7

JS, Journal, 4–5 Jan. 1843.


After a celebratory journey back to Nauvoo, on 10 January JS arrived at home, where the Saints were also jubilant about his discharge.
8

JS, Journal, 10 Jan. 1843.


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
Nauvoo

Principal gathering place for Saints following expulsion from Missouri. Beginning in 1839, Church of Jesus Christ of Latter-day Saints purchased lands in earlier settlement of Commerce and planned settlement of Commerce City, as well as surrounding areas....

More Info
, songs church members wrote to commemorate
Pope

5 Jan. 1784–22 Jan. 1850. Lawyer, judge. Born at present-day Louisville, Jefferson Co., Kentucky. Son of William Pope and Penelope Edwards. Graduated from Transylvania University, 1806, at Lexington, Fayette Co., Kentucky. Moved to St. Genevieve, St. Genevieve...

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’s decision, and an invitation to a party to celebrate JS’s release.
  1. 1

    Clayton, Journal, 15 Dec. 1842; JS, Journal, 9–20 Dec. 1842.

    Clayton, William. Journals, 1842–1845. CHL.

  2. 2

    Letter from Thomas Ford, 17 Dec. 1842; Letter from Justin Butterfield, 17 Dec. 1842; Letter from James Adams, 17 Dec. 1842.

  3. 3

    Historical Introduction to Petition to Chauncey Robison, 26 Dec. 1842.

  4. 4

    JS, Journal, 26–31 Dec. 1842.

  5. 5

    Petition to Thomas Ford, 31 Dec. 1842; Petition to the United States Circuit Court for the District of Illinois, 31 Dec. 1842; Affidavit, 2 Jan. 1843.

  6. 6

    Affidavit, 2 Jan. 1843.

  7. 7

    JS, Journal, 4–5 Jan. 1843.

  8. 8

    JS, Journal, 10 Jan. 1843.

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