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“Persecution,” 15 August 1842 [Extradition of JS for Accessory to Assault] Letter, Emma Smith to Thomas Carlin, 16 August 1842 [Extradition of JS for Accessory to Assault] Letter, Thomas Carlin to Emma Smith, 24 August 1842 [Extradition of JS for Accessory to Assault] Letter, Emma Smith to Thomas Carlin, 27 August 1842 [Extradition of JS for Accessory to Assault] Letter, Thomas Carlin to Emma Smith, 7 September 1842 [Extradition of JS for Accessory to Assault] Letter, Justin Butterfield to Sidney Rigdon, 20 October 1842 [Extradition of JS for Accessory to Assault] Warrant, 31 December 1842, Willard Richards Copy [Extradition of JS for Accessory to Assault] Affidavit, 2 January 1843, Willard Richards Copy [Extradition of JS for Accessory to Assault] Wilson Law and Others, Affidavit, 4 January 1843, Justin Butterfield Copy [Extradition of JS for Accessory to Assault] Account of Hearing, 4 January 1843 [Extradition of JS for Accessory to Assault] Decision, 5 January 1843, as Reported by Willard Richards [Extradition of JS for Accessory to Assault] Decision, 5 January 1843, as Reported by John Taylor and Others [Extradition of JS for Accessory to Assault] “The Release of Gen. Joseph Smith,” 14 January 1843 [Extradition of JS for Accessory to Assault] Affidavit, 20 July 1842 [Extradition of Rockwell for Assault] Warrant, 2 August 1842 [Extradition of Rockwell for Assault] Petition, 8 August 1842 [Extradition of Rockwell for Assault] Habeas Corpus, 8 August 1842 [Extradition of Rockwell for Assault] Docket Entry, 31 August 1843 [Extradition of Rockwell for Assault] Transcript of Proceedings, 18 November 1843 [Extradition of Rockwell for Assault] Order, 23 November 1843 [Extradition of Rockwell for Assault] Venire Facias, 2 December 1843 [Extradition of Rockwell for Assault] Docket Entry, 11 December 1843 [Extradition of Rockwell for Assault] Motion, circa 11 December 1843–A [Extradition of Rockwell for Assault] Motion, circa 11 December 1843–B [Extradition of Rockwell for Assault]

Letter, Emma Smith to Thomas Carlin, 27 August 1842 [Extradition of JS for Accessory to Assault]

Source Note

Emma Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

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, Letter,
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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, Hancock Co., IL, to
Thomas Carlin

18 July 1789–14 Feb. 1852. Ferry owner, farmer, sheriff, politician. Born in Fayette Co., Kentucky. Son of Thomas Carlin and Elizabeth Evans. Baptist. Moved to what became Missouri, by 1803. Moved to Illinois Territory, by 1812. Served in War of 1812. Married...

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, [
Quincy

Located on high limestone bluffs east of Mississippi River, about forty-five miles south of Nauvoo. Settled 1821. Adams Co. seat, 1825. Incorporated as town, 1834. Received city charter, 1840. Population in 1835 about 800; in 1840 about 2,300; and in 1845...

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, Adams Co., IL], 27 Aug. 1842. Copied [3 Sept. 1842] in JS, Journal, Dec. 1841–Dec. 1842, pp. 187–188; handwriting of
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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; JS Collection, CHL.

Historical Introduction

See Introduction to Extradition of JS for Accessory to Assault.

Page 188

described in the writ, according as the Law requires; and that he is not a fugitive from justice.
5

The constitutional requirement for extradition was being charged with committing a crime in one state and fleeing to another state. (U.S. Constitution, art. 4, sec. 2.)


Why then, be so strenuos to have my husband taken, when you know him to be innocent of an attempt on the life of
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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, and that he is not a fugitive from justice? It is not the fear of a just decision against him, that deters Mr Smith from going into Missouri; but it is an actual knowledge that it was never intended he should have a fair trial. And now Sir, if you were not aware of the fact; I will acquaint you with it now, that there were lying <​in​> wait, between this place and
Warsaw

Located at foot of Des Moines rapids of Mississippi River at site of three military forts: Fort Johnson (1814), Cantonment Davis (1815–1818), and Fort Edwards (1816–1824). First settlers participated in fur trade. Important trade and shipping center. Post...

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, twelve men from
Jackson County

Settled at Fort Osage, 1808. County created, 16 Feb. 1825; organized 1826. Named after U.S. president Andrew Jackson. Featured fertile lands along Missouri River and was Santa Fe Trail departure point, which attracted immigrants to area. Area of county reduced...

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, Missouri, for the purpose of taking Mr Smith out of the hands of the officers who might have him in custody. Also those two men from
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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that were here with Messrs
[Thomas] King

25 July 1806–17 Apr. 1854. Merchant. Born in Virginia. Lived at Quincy, Adams Co., Illinois, by Jan. 1832. Served as constable, beginning Aug. 1835. Married Juliett Ann McDade, 9 June 1836, in Adams Co. Served as Adams Co. coroner, by Aug. 1836. Served as...

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and
[James] Pitman

5 Nov. 1813–24 Feb. 1879. Lumber dealer, real estate broker, housing contractor, railroad director, prison warden. Born at St. Charles Co., Missouri. Son of Richard Berry Pittman and Lucinda Hutchings. Adhered to Quaker faith. Moved to Quincy, Adams Co., ...

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, divulg’d the most illegal and infernal calculations concerning taking Mr Smith into
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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the evidence of which, we can furnish you at any time, if required. And dear Sir, our good feelings revolt at the suggestion that
your Excellency

18 July 1789–14 Feb. 1852. Ferry owner, farmer, sheriff, politician. Born in Fayette Co., Kentucky. Son of Thomas Carlin and Elizabeth Evans. Baptist. Moved to what became Missouri, by 1803. Moved to Illinois Territory, by 1812. Served in War of 1812. Married...

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is acquainted with the unlawful measures taken by those engaged in the prosecution— measures which, if justice was done to others, as it would be done to us, were we to commit as great errors in our proceedings, would subject all concerned in the prosecution to the penalty of the law, and that without mercy.
I admit Sir— that it is next to an impossibility, for any one to know the extent of the tyranny, treachery, and knavery of a great portion of the leading characters of the State of
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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: yet it only requires a knowledge of the constitution of 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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, and Statute of the State of
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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; and a knowledge of the outrages committed by some of the inhabitants of that
State

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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upon the people called Mormons, and that pass’d unpunished by the administrators of the law; to know that there is not the least confidence to be placed in any of those men that were engaged in those disgraceful transactions.
If the law was made for the lawless and disobedient, and punishment instituted for the guilty, why not execute the law upon those that have transgressed it, and punish those who have committed crime, and grant encouragement to the innocent, and liberality to the industrious & peaceable. And now I entreat your honor to bear with me patiently while I ask, what good can accrue to this state 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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, or any part of this
State

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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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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, or to yourself, or any other individual, to continue this persecution upon this people, or upon Mr Smith— a persecution that you are well aware, is entirely without any just foundation or excuse. With sentiments of due respect I am your most obedient servant
Emma Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

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To His Excellency
Thomas Carlin

18 July 1789–14 Feb. 1852. Ferry owner, farmer, sheriff, politician. Born in Fayette Co., Kentucky. Son of Thomas Carlin and Elizabeth Evans. Baptist. Moved to what became Missouri, by 1803. Moved to Illinois Territory, by 1812. Served in War of 1812. Married...

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Governor of the State of
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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.
P.S. Sir. You will please tender my best respects and considerations to your wife and family, and tell them I greatly desire to see them with yourself in our place as soon as can be convenient.
Emma Smith

10 July 1804–30 Apr. 1879. Scribe, editor, boardinghouse operator, clothier. Born at Willingborough Township (later in Harmony), Susquehanna Co., Pennsylvania. Daughter of Isaac Hale and Elizabeth Lewis. Member of Methodist church at Harmony (later in Oakland...

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.[”] [p. 188]
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Page 188

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Related Case Documents

Documents Related to Extradition of JS for Accessory to Assault

Editorial Title
Letter, Emma Smith to Thomas Carlin, 27 August 1842 [Extradition of JS for Accessory to Assault]
ID #
18144
Total Pages
2
Print Volume Location
Handwriting on This Page
  • William Clayton

Footnotes

  1. [5]

    The constitutional requirement for extradition was being charged with committing a crime in one state and fleeing to another state. (U.S. Constitution, art. 4, sec. 2.)

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