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Introduction to Extradition of JS for Accessory to Assault Proclamation, 11 May 1842 [Extradition of JS for Accessory to Assault] Lilburn W. Boggs, Affidavit, 20 July 1842 [Extradition of JS for Accessory to Assault] Lilburn W. Boggs, Affidavit, 20 July 1842, Lyman Trumbull Copy [Extradition of JS for Accessory to Assault] Lilburn W. Boggs, Affidavit, 20 July 1842, William Clayton Copy [Extradition of JS for Accessory to Assault] Thomas Reynolds, Requisition, 22 July 1842 [Extradition of JS for Accessory to Assault] Thomas Reynolds, Requisition, 22 July 1842, Lyman Trumbull Copy [Extradition of JS for Accessory to Assault] Thomas Reynolds, Requisition, 22 July 1842, William Clayton Copy [Extradition of JS for Accessory to Assault] Memorandum of Proclamation, 19 September 1842 [Extradition of JS for Accessory to Assault] Warrant, 2 August 1842, Sylvester Emmons and William Clayton Copy [Extradition of JS for Accessory to Assault] Warrant, 2 August 1842, James Sloan Copy [Extradition of JS for Accessory to Assault] Thomas Carlin, Proclamation, 20 September 1842, as Published in Illinois Register [Extradition of JS for Accessory to Assault] Thomas Carlin, Proclamation, 20 September 1842, William Clayton First Copy [Extradition of JS for Accessory to Assault] Thomas Carlin, Proclamation, 20 September 1842, William Clayton Second Copy [Extradition of JS for Accessory to Assault] Petition to Thomas Ford, 31 December 1842 [Extradition of JS for Accessory to Assault] Petition to Thomas Ford, 31 December 1842, Lyman Trumbull Copy [Extradition of JS for Accessory to Assault] Warrant, 31 December 1842 [Extradition of JS for Accessory to Assault] Warrant, 31 December 1842, William Clayton Copy [Extradition of JS for Accessory to Assault] Petition to Nauvoo Municipal Court, 8 August 1842 [Extradition of JS for Accessory to Assault] Habeas Corpus, 8 August 1842 [Extradition of JS for Accessory to Assault] Habeas Corpus, 8 August 1842, Copy [Extradition of JS for Accessory to Assault] Docket Entry, circa 8 August 1842 [Extradition of JS for Accessory to Assault] Habeas Corpus, 10 August 1842 [Extradition of JS for Accessory to Assault] Habeas Corpus, 10 August 1842, Copy [Extradition of JS for Accessory to Assault] Petition to Chauncey Robison, 26 December 1842, Draft [Extradition of JS for Accessory to Assault] Petition to Chauncey Robison, 26 December 1842 [Extradition of JS for Accessory to Assault] Petition to the United States Circuit Court for the District of Illinois, 31 December 1842, Willard Richards Copy [Extradition of JS for Accessory to Assault] Petition to the United States Circuit Court for the District of Illinois, 31 December 1842, William Clayton Copy [Extradition of JS for Accessory to Assault] Docket Entry, Petition and Order for Habeas Corpus, 31 December 1842 [Extradition of JS for Accessory to Assault] Habeas Corpus, 31 December 1842, Willard Richards Copy [Extradition of JS for Accessory to Assault] Habeas Corpus, 31 December 1842, William Clayton Copy [Extradition of JS for Accessory to Assault] Docket Entry, Return of Habeas Corpus, Bond, and Order, 31 December 1842 [Extradition of JS for Accessory to Assault] Order, 31 December 1842 [Extradition of JS for Accessory to Assault] Order, 31 December 1842, Copy [Extradition of JS for Accessory to Assault] Affidavit, 2 January 1843, William Clayton Copy [Extradition of JS for Accessory to Assault] Docket Entry, Affidavit, Motion, and Continuance, 2 January 1843 [Extradition of JS for Accessory to Assault] Motion, circa 3 January 1843 [Extradition of JS for Accessory to Assault] Docket Entry, Motion, 4 January 1843 [Extradition of JS for Accessory to Assault] Wilson Law and Others, Affidavit, 4 January 1843, Willard Richards Copy [Extradition of JS for Accessory to Assault] Jacob B. Backenstos and Stephen A. Douglas, Affidavit, 4 January 1843 [Extradition of JS for Accessory to Assault] Docket Entry, Motion Overruled and Discharge, 5 January 1843 [Extradition of JS for Accessory to Assault] Trial Report, 5–19 January 1843, as Published in the Sangamo Journal [Extradition of JS for Accessory to Assault] Trial Report, 5–19 January 1843, as Published in Reports [Extradition of JS for Accessory to Assault] Thomas Ford, Order, 6 January 1843 [Extradition of JS for Accessory to Assault] Transcript of Proceedings, 6 January 1843 [Extradition of JS for Accessory to Assault]

Petition to Nauvoo Municipal Court, 8 August 1842 [Extradition of JS for Accessory to Assault]

Source Note

JS, Petition,
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
, Hancock Co., IL, to Municipal Court,
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
, Hancock Co., IL, 8 Aug. 1842; Extradition of JS for Accessory to Assault (Nauvoo, IL, Municipal Court 1842); handwriting of
Sylvester Emmons

28 Feb. 1808–15 Nov. 1881. Lawyer, newspaper editor/publisher. Born in Readington Township, Hunterdon Co., New Jersey. Son of Abraham Emmons and Margaret Vlerebome. Moved to Philadelphia, 1831. Moved to Illinois, 1840. Admitted to bar in Hancock Co., Illinois...

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and
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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; signature of JS; docket by
James Sloan

28 Oct. 1792–24 Oct. 1886. City recorder, notary public, attorney, judge, farmer. Born in Donaghmore, Co. Tyrone, Ireland. Son of Alexander Sloan and Anne. Married Mary Magill. Baptized into Church of Jesus Christ of Latter-day Saints. Ordained an elder, ...

View Full Bio
,
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
, Hancock Co., IL, ca. 8 Aug. 1842; two pages; JS Collection, CHL. Includes docket and archival notation.
Bifolium measuring 12⅛ × 7½ inches (31 × 19 cm). The document was folded twice horizontally, then folded in half.
The document was docketed by
James Sloan

28 Oct. 1792–24 Oct. 1886. City recorder, notary public, attorney, judge, farmer. Born in Donaghmore, Co. Tyrone, Ireland. Son of Alexander Sloan and Anne. Married Mary Magill. Baptized into Church of Jesus Christ of Latter-day Saints. Ordained an elder, ...

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, who served as the
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
city recorder and clerk for the Nauvoo Municipal Court from February 1841 to July 1843.
1

Minutes, 3 Feb. 1841; JS, Journal, 30 July 1843.


The recto of the first page also includes an archival notation added by the Church Historian’s Office. By 1973 the document had been included in the JS Collection at the Church Historical Department (now CHL).
2

See the full bibliographic entry for JS Collection, 1827–1844, in the CHL catalog.


The document’s docket, archival notation, and inclusion in the JS Collection by 1973 suggest continuous institutional custody.

Footnotes

  1. [1]

    Minutes, 3 Feb. 1841; JS, Journal, 30 July 1843.

  2. [2]

    See the full bibliographic entry for JS Collection, 1827–1844, in the CHL catalog.

Historical Introduction

On 8 August 1842, JS petitioned the municipal court 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
, Illinois, for 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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in response to his arrest by Thomas C. King, undersheriff of
Adams County

Situated in western Illinois; bounded on west by Mississippi River. Organized from Pike Co., 1825. Quincy established as county seat, 1825. Population in 1830 about 2,200. Population in 1840 about 14,500. Latter-day Saint exiles from Missouri found refuge...

More Info
, Illinois, earlier that day. On 5 July 1842, in light of rumored efforts to extradite JS to
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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for his alleged involvement in the attempted assassination of former Missouri 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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, Nauvoo’s city council had passed an ordinance meant to bolster and localize the already existing right to habeas corpus.
1

Ordinance, 5 July 1842. For more on habeas corpus, see Historical Introduction to Ordinance, 5 July 1842.


The ordinance allowed the municipal court to investigate all writs presented for the arrest and removal of Nauvoo citizens. Two weeks later, on 20 July, Boggs signed an affidavit stating that he believed JS was an accessory before the fact in the attempt on his life and asked Missouri’s governor to formally request that
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
’s governor give JS up to Missouri authorities.
2

Lilburn W. Boggs, Affidavit, 20 July 1842. Boggs’s affidavit was made amid accusations from John C. Bennett that JS had conspired with Orrin Porter Rockwell to assassinate Boggs. Bennett’s claims were included in his letters to the editor printed in the 15 July and 22 July issues of the Sangamo Journal. (John C. Bennett, Carthage, IL, 2 July 1842, Letter to the Editor, Sangamo Journal [Springfield, IL], 15 July 1842, [2]; John C. Bennett, St. Louis, MO, 15 July 1842, Letter to the Editor, Sangamo Journal, 22 July 1842, [2].)


Comprehensive Works Cited

Sangamo Journal. Springfield, IL. 1831–1847.

Two days after that, Missouri governor
Thomas Reynolds

12 Mar. 1796–9 Feb. 1844. Attorney, politician, judge. Born at Mason Co. (later Bracken Co.), Kentucky. Son of Nathaniel Reynolds and Catherine Vernon. Admitted to Kentucky bar, 1817. Moved to Illinois, by 1818. Served as clerk of Illinois House of Representatives...

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filled out a printed requisition form that called for JS’s extradition from Illinois to Missouri. While Boggs’s affidavit failed to claim or show that JS was a fugitive from justice from one state to another—a constitutional requirement for extradition
3

The United States Constitution stated that “a person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up to be removed to the state having jurisdiction of the crime.” Congress and then the Illinois state legislature subsequently passed statutes that enacted this provision in their respective jurisdictions and specified procedures to be followed. (U.S. Constitution, art. 4, sec. 2; An Act respecting Fugitives from Justice, and Persons Escaping from the Service of Their Masters [12 Feb. 1793], Public Statutes at Large, 2nd Cong., 2nd Sess., chap. 7, pp. 302–305; An Act concerning Fugitives from Justice [6 Jan. 1827], Public and General Statute Laws of the State of Illinois [1834–1837], pp. 318–320.)


Comprehensive Works Cited

Sangamo Journal. Springfield, IL. 1831–1847.

The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

—Reynolds’s requisition described JS in just those terms. It also named him as an accessory before the fact
4

An influential nineteenth-century law dictionary defined an accessory as “he who is not the chief actor in the perpetration of the offence, nor present at its performance, but is some way concerned therein.” An accessory before the fact was defined as “one who being absent at the time of the crime committed, yet procures, counsels, or commands another to commit it.” (“Accessary,” in Bouvier, Law Dictionary, 1:36.)


Comprehensive Works Cited

Bouvier, John. A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; With References to the Civil and Other Systems of Foreign Law. 2 vols. Philadelphia: Deacon and Peterson, 1854.

and charged
Orrin Porter Rockwell

June 1814–9 June 1878. Ferry operator, herdsman, farmer. Born in Belchertown, Hampshire Co., Massachusetts. Son of Orin Rockwell and Sarah Witt. Moved to Farmington (later in Manchester), Ontario Co., New York, 1817. Neighbor to JS. Baptized into Church of...

View Full Bio
with the attempted murder of Boggs, even though Boggs did not include Rockwell in his affidavit.
5

Thomas Reynolds, Requisition, 22 July 1842. Boggs created two affidavits on 20 July 1842. The first accused Rockwell of assaulting him with attempt to kill, and the second accused JS of being an accessory before the fact. Relying on Boggs’s two affidavits, Reynolds wrote two requisitions, one for Rockwell and another for JS. The requisition for Rockwell is not extant, but it is referenced in Carlin’s 2 August warrant for Rockwell, which was copied into Rockwell’s 8 August petition for habeas corpus. The fact that Boggs did not mention Rockwell in his affidavit for JS was a mistake. Reynolds complicated the problem by including Rockwell’s name in his requisition for JS, rather than insisting that Boggs correct the underlying affidavit. (Lilburn W. Boggs, Affidavit, 20 July 1842; Affidavit, 20 July 1842 [Extradition of Rockwell for Assault], JS Office Papers, CHL; Orrin Porter Rockwell, Petition to Nauvoo Municipal Court, 8 Aug. 1842, copy, Nauvoo, IL, Records, CHL; Thomas Reynolds, Requisition, 22 July 1842.)


On 2 August, Illinois governor
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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signed warrants for the arrest of JS and Rockwell.
6

Orrin Porter Rockwell, Petition to Nauvoo Municipal Court, 8 Aug. 1842, copy, Nauvoo, IL, Records, CHL.


Three days later, Nauvoo’s city council formed a committee to consider an ordinance on the municipal court’s powers in habeas corpus proceedings.
7

Nauvoo City Council Rough Minute Book, 5 Aug. 1842, 37.


On 8 August, King arrived in Nauvoo with Adams County constable
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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and another officer, perhaps
Edward Ford

1774–after 1850. Law enforcement officer. Born in South Carolina. Married Susanna. Moved to Lewiston (near present-day New Florence), Montgomery Co., Missouri, by 1830. Moved to Lindsey, Benton Co., Missouri, by 1840. Missouri state agent commissioned to ...

View Full Bio
—whom Reynolds had designated in his requisition as the man to receive the prisoner. The three men arrested JS and Rockwell that morning.
In response to being arrested, JS immediately filed the 8 August habeas corpus petition featured here to demonstrate the “insufficiency of the writ” and the “groundlessness of the charge.” Whoever crafted the petition for JS seems to have followed the instructions outlined in a habeas corpus statute passed by 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
legislature in 1827, which required inclusion of the arresting warrant.
8

An Act Regulating the Proceeding on Writs of Habeas Corpus [22 Jan. 1827], Public and General Statute Laws of the State of Illinois [1834–1837], p. 323, sec. 2.


Comprehensive Works Cited

The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

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...

View Full Bio
transcribed the warrant at the end of the petition, which JS then signed.
Rockwell

June 1814–9 June 1878. Ferry operator, herdsman, farmer. Born in Belchertown, Hampshire Co., Massachusetts. Son of Orin Rockwell and Sarah Witt. Moved to Farmington (later in Manchester), Ontario Co., New York, 1817. Neighbor to JS. Baptized into Church of...

View Full Bio
filed a similar petition at the same time.
9

Orrin Porter Rockwell, Petition to Nauvoo Municipal Court, 8 Aug. 1842, copy, Nauvoo, IL, Records, CHL.


At about noon on 8 August, shortly after JS’s and
Rockwell

June 1814–9 June 1878. Ferry operator, herdsman, farmer. Born in Belchertown, Hampshire Co., Massachusetts. Son of Orin Rockwell and Sarah Witt. Moved to Farmington (later in Manchester), Ontario Co., New York, 1817. Neighbor to JS. Baptized into Church of...

View Full Bio
’s arrest and before the municipal court met to consider their petitions, the
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
City Council convened to hear the report of the committee that was considering an expanded ordinance on habeas corpus proceedings.
10

Nauvoo City Council Rough Minute Book, 8 Aug. 1842, 37. The city council had passed an initial ordinance regarding writs of habeas corpus on 5 July 1842. Then on 5 August, John Taylor introduced an ordinance to regulate proceedings in the Nauvoo Municipal Court. His proposed ordinance was referred to a committee composed of Taylor, Orson Spencer, and William Law. On 8 August, the committee reported its findings and introduced a new ordinance that laid out the process to be used for an individual to receive a writ of habeas corpus from the Nauvoo Municipal Court. (Nauvoo City Council Rough Minute Book, 5 and 8 Aug. 1842, 37.)


Apparently the committee was concerned that existing laws did not provide enough protection from extradition attempts. In light of the committee’s findings, the council amended and passed the bill, which directed the municipal court to “examine into the origin, validity, & legality of the Writ or Process, under which such arrest was made” in “all cases, where any Person or Persons, shall . . . be arrested . . . in this city,” and also to “discharge the Prisoner” if the writ was illegal or issued with “malicious intent.”
11

Nauvoo City Council Rough Minute Book, 8 Aug. 1842, 37; Nauvoo City Council Minute Book, 8 Aug. 1842, 98; see also Ordinance, Nauvoo, IL, 8 Aug. 1842, Nauvoo, IL, Records, CHL.


By allowing the court to examine both procedural and substantive issues, the 5 July ordinance gave the court more power than was allowed by the 1827 state law. Most significantly, the ordinance allowed the court to proceed to a full trial on the merits of the case.
12

See An Act Regulating the Proceeding on Writs of Habeas Corpus [22 Jan. 1827], Public and General Statute Laws of the State of Illinois [1834–1837], pp. 323–324, sec. 3. While this 8 August ordinance gave the municipal court broad powers, some Nauvoo citizens acknowledged that the municipal court could not pass judgment on the individual who had been brought before the court by a habeas corpus petition. An editorial published in the 15 August 1842 issue of the Times and Seasons granted that “habeas corpus can only test the validity, not the virtue of a process, (as testimony to prove the guilt or innocence of a person—under an investigation by habeas corpus, is inadmissible).” (“Persecution,” Times and Seasons, 15 Aug. 1842, 3:888–889, italics in original.)


Comprehensive Works Cited

The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

The ordinance also granted the aldermen of the municipal court the power to select a chief justice or president pro tempore of the court when mitigating circumstances prevented the mayor, in this case JS, from officiating as chief justice.
13

The mayor and aldermen of the city council constituted the municipal court. Sections 16 and 17 of the Nauvoo charter granted both the mayor and aldermen jurisdiction over appeals for alleged violations of city ordinances. (Act to Incorporate the City of Nauvoo, 16 Dec. 1840.)


The ordinance decreed that the law would take effect “from and after its passage.”
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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, Nauvoo’s vice mayor and JS’s brother, signed the law as president pro tempore of the city council.
14

Nauvoo City Council Minute Book, 8 Aug. 1842, 99. The city council’s rules of order specified that the vice mayor would “serve as President pro tempore, who shall preside during the absence of the Mayor.” (Nauvoo City Council Minute Book, 22 Jan. 1842, 46.)


At about one o’clock in the afternoon, the municipal court met and, in accordance with the new ordinance, elected alderman
Orson Spencer

14 Mar./13 May 1802–15 Oct. 1855. Teacher, minister, university professor and chancellor. Born in West Stockbridge, Berkshire Co., Massachusetts. Son of Daniel Spencer and Chloe Wilson. Moved to Lenox, Berkshire Co., 1817; to Schenectady, Schenectady Co.,...

View Full Bio
to act as president pro tempore “in the absence of the Chief Justice, who was under arrest.”
Sylvester Emmons

28 Feb. 1808–15 Nov. 1881. Lawyer, newspaper editor/publisher. Born in Readington Township, Hunterdon Co., New Jersey. Son of Abraham Emmons and Margaret Vlerebome. Moved to Philadelphia, 1831. Moved to Illinois, 1840. Admitted to bar in Hancock Co., Illinois...

View Full Bio
, as counsel for both JS and
Rockwell

June 1814–9 June 1878. Ferry operator, herdsman, farmer. Born in Belchertown, Hampshire Co., Massachusetts. Son of Orin Rockwell and Sarah Witt. Moved to Farmington (later in Manchester), Ontario Co., New York, 1817. Neighbor to JS. Baptized into Church of...

View Full Bio
, presented their petitions. The court then issued writs of habeas corpus directing King and
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., ...

View Full Bio
to bring JS and Rockwell before the court.
15

Nauvoo Municipal Court Docket Book, 8 Aug. 1842, 6 (second numbering). Although Emmons apparently was not admitted to the bar until 1843, he acted as a lawyer on Nauvoo City Council business on a few occasions in 1841 and 1842. In such settings, he was referred to as “Judge Emmons.” (Perrin, History of Cass County, Illinois, 239; Nauvoo City Council Minute Book, 30 Oct. 1841, 26; 1 Nov. 1841, 28; 1 Jan. 1842, 38.)


Comprehensive Works Cited

Perrin, William Henry, ed. History of Cass County Illinois. Chicago: O. L. Baskin, 1882.

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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, the city marshal, delivered the writs between two and three o’clock.
16

Writ of habeas corpus for JS, 8 Aug. 1842, Nauvoo, IL, Records, CHL; Writ of habeas corpus for Orrin Porter Rockwell, 8 Aug. 1842, Nauvoo, IL, Records, CHL.


Uncertain about the municipal court’s power to issue such writs, the arresting officers did not comply with the court’s command but instead left JS and Rockwell in the custody of Sherwood while they returned to
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...

More Info
, Illinois, for further instructions from
Governor 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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. In the absence of a warrant, which the officers took with them, Sherwood released JS and Rockwell without a hearing.
17

JS, Journal, 8 Aug. 1842; “The Arrest,” Wasp, 13 Aug. 1842, [2]; Times and Seasons, 15 Aug. 1842. In a letter to Emma Smith in September 1842, Carlin argued against the municipal court’s decision to grant a writ of habeas corpus to JS and Rockwell, since the charges against them were not governed by Nauvoo’s ordinances. (Thomas Carlin, Quincy, IL, to Emma Smith, [Nauvoo, IL], 7 Sept. 1842.)


Comprehensive Works Cited

The Wasp. Nauvoo, IL. Apr. 1842–Apr. 1843.

Sylvester Emmons

28 Feb. 1808–15 Nov. 1881. Lawyer, newspaper editor/publisher. Born in Readington Township, Hunterdon Co., New Jersey. Son of Abraham Emmons and Margaret Vlerebome. Moved to Philadelphia, 1831. Moved to Illinois, 1840. Admitted to bar in Hancock Co., Illinois...

View Full Bio
and
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...

View Full Bio
wrote the petition, which was signed by JS and delivered to the municipal court. The petition was then filed, presumably by
James Sloan

28 Oct. 1792–24 Oct. 1886. City recorder, notary public, attorney, judge, farmer. Born in Donaghmore, Co. Tyrone, Ireland. Son of Alexander Sloan and Anne. Married Mary Magill. Baptized into Church of Jesus Christ of Latter-day Saints. Ordained an elder, ...

View Full Bio
, the court’s clerk.
See also Introduction to Extradition of JS for Accessory to Assault.

Footnotes

  1. [1]

    Ordinance, 5 July 1842. For more on habeas corpus, see Historical Introduction to Ordinance, 5 July 1842.

  2. [2]

    Lilburn W. Boggs, Affidavit, 20 July 1842. Boggs’s affidavit was made amid accusations from John C. Bennett that JS had conspired with Orrin Porter Rockwell to assassinate Boggs. Bennett’s claims were included in his letters to the editor printed in the 15 July and 22 July issues of the Sangamo Journal. (John C. Bennett, Carthage, IL, 2 July 1842, Letter to the Editor, Sangamo Journal [Springfield, IL], 15 July 1842, [2]; John C. Bennett, St. Louis, MO, 15 July 1842, Letter to the Editor, Sangamo Journal, 22 July 1842, [2].)

    Sangamo Journal. Springfield, IL. 1831–1847.

  3. [3]

    The United States Constitution stated that “a person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up to be removed to the state having jurisdiction of the crime.” Congress and then the Illinois state legislature subsequently passed statutes that enacted this provision in their respective jurisdictions and specified procedures to be followed. (U.S. Constitution, art. 4, sec. 2; An Act respecting Fugitives from Justice, and Persons Escaping from the Service of Their Masters [12 Feb. 1793], Public Statutes at Large, 2nd Cong., 2nd Sess., chap. 7, pp. 302–305; An Act concerning Fugitives from Justice [6 Jan. 1827], Public and General Statute Laws of the State of Illinois [1834–1837], pp. 318–320.)

    Sangamo Journal. Springfield, IL. 1831–1847.

    The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

  4. [4]

    An influential nineteenth-century law dictionary defined an accessory as “he who is not the chief actor in the perpetration of the offence, nor present at its performance, but is some way concerned therein.” An accessory before the fact was defined as “one who being absent at the time of the crime committed, yet procures, counsels, or commands another to commit it.” (“Accessary,” in Bouvier, Law Dictionary, 1:36.)

    Bouvier, John. A Law Dictionary, Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; With References to the Civil and Other Systems of Foreign Law. 2 vols. Philadelphia: Deacon and Peterson, 1854.

  5. [5]

    Thomas Reynolds, Requisition, 22 July 1842. Boggs created two affidavits on 20 July 1842. The first accused Rockwell of assaulting him with attempt to kill, and the second accused JS of being an accessory before the fact. Relying on Boggs’s two affidavits, Reynolds wrote two requisitions, one for Rockwell and another for JS. The requisition for Rockwell is not extant, but it is referenced in Carlin’s 2 August warrant for Rockwell, which was copied into Rockwell’s 8 August petition for habeas corpus. The fact that Boggs did not mention Rockwell in his affidavit for JS was a mistake. Reynolds complicated the problem by including Rockwell’s name in his requisition for JS, rather than insisting that Boggs correct the underlying affidavit. (Lilburn W. Boggs, Affidavit, 20 July 1842; Affidavit, 20 July 1842 [Extradition of Rockwell for Assault], JS Office Papers, CHL; Orrin Porter Rockwell, Petition to Nauvoo Municipal Court, 8 Aug. 1842, copy, Nauvoo, IL, Records, CHL; Thomas Reynolds, Requisition, 22 July 1842.)

  6. [6]

    Orrin Porter Rockwell, Petition to Nauvoo Municipal Court, 8 Aug. 1842, copy, Nauvoo, IL, Records, CHL.

  7. [7]

    Nauvoo City Council Rough Minute Book, 5 Aug. 1842, 37.

  8. [8]

    An Act Regulating the Proceeding on Writs of Habeas Corpus [22 Jan. 1827], Public and General Statute Laws of the State of Illinois [1834–1837], p. 323, sec. 2.

    The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

  9. [9]

    Orrin Porter Rockwell, Petition to Nauvoo Municipal Court, 8 Aug. 1842, copy, Nauvoo, IL, Records, CHL.

  10. [10]

    Nauvoo City Council Rough Minute Book, 8 Aug. 1842, 37. The city council had passed an initial ordinance regarding writs of habeas corpus on 5 July 1842. Then on 5 August, John Taylor introduced an ordinance to regulate proceedings in the Nauvoo Municipal Court. His proposed ordinance was referred to a committee composed of Taylor, Orson Spencer, and William Law. On 8 August, the committee reported its findings and introduced a new ordinance that laid out the process to be used for an individual to receive a writ of habeas corpus from the Nauvoo Municipal Court. (Nauvoo City Council Rough Minute Book, 5 and 8 Aug. 1842, 37.)

  11. [11]

    Nauvoo City Council Rough Minute Book, 8 Aug. 1842, 37; Nauvoo City Council Minute Book, 8 Aug. 1842, 98; see also Ordinance, Nauvoo, IL, 8 Aug. 1842, Nauvoo, IL, Records, CHL.

  12. [12]

    See An Act Regulating the Proceeding on Writs of Habeas Corpus [22 Jan. 1827], Public and General Statute Laws of the State of Illinois [1834–1837], pp. 323–324, sec. 3. While this 8 August ordinance gave the municipal court broad powers, some Nauvoo citizens acknowledged that the municipal court could not pass judgment on the individual who had been brought before the court by a habeas corpus petition. An editorial published in the 15 August 1842 issue of the Times and Seasons granted that “habeas corpus can only test the validity, not the virtue of a process, (as testimony to prove the guilt or innocence of a person—under an investigation by habeas corpus, is inadmissible).” (“Persecution,” Times and Seasons, 15 Aug. 1842, 3:888–889, italics in original.)

    The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

  13. [13]

    The mayor and aldermen of the city council constituted the municipal court. Sections 16 and 17 of the Nauvoo charter granted both the mayor and aldermen jurisdiction over appeals for alleged violations of city ordinances. (Act to Incorporate the City of Nauvoo, 16 Dec. 1840.)

  14. [14]

    Nauvoo City Council Minute Book, 8 Aug. 1842, 99. The city council’s rules of order specified that the vice mayor would “serve as President pro tempore, who shall preside during the absence of the Mayor.” (Nauvoo City Council Minute Book, 22 Jan. 1842, 46.)

  15. [15]

    Nauvoo Municipal Court Docket Book, 8 Aug. 1842, 6 (second numbering). Although Emmons apparently was not admitted to the bar until 1843, he acted as a lawyer on Nauvoo City Council business on a few occasions in 1841 and 1842. In such settings, he was referred to as “Judge Emmons.” (Perrin, History of Cass County, Illinois, 239; Nauvoo City Council Minute Book, 30 Oct. 1841, 26; 1 Nov. 1841, 28; 1 Jan. 1842, 38.)

    Perrin, William Henry, ed. History of Cass County Illinois. Chicago: O. L. Baskin, 1882.

  16. [16]

    Writ of habeas corpus for JS, 8 Aug. 1842, Nauvoo, IL, Records, CHL; Writ of habeas corpus for Orrin Porter Rockwell, 8 Aug. 1842, Nauvoo, IL, Records, CHL.

  17. [17]

    JS, Journal, 8 Aug. 1842; “The Arrest,” Wasp, 13 Aug. 1842, [2]; Times and Seasons, 15 Aug. 1842. In a letter to Emma Smith in September 1842, Carlin argued against the municipal court’s decision to grant a writ of habeas corpus to JS and Rockwell, since the charges against them were not governed by Nauvoo’s ordinances. (Thomas Carlin, Quincy, IL, to Emma Smith, [Nauvoo, IL], 7 Sept. 1842.)

    The Wasp. Nauvoo, IL. Apr. 1842–Apr. 1843.

Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Warrant, 2 August 1842, Sylvester Emmons and William Clayton Copy [ Extradition of JS for Accessory to Assault ]
Petition to Nauvoo Municipal Court, 8 August 1842 [ Extradition of JS for Accessory to Assault ]
Warrant, 2 August 1842, James Sloan Copy [ Extradition of JS for Accessory to Assault ]

Page [1]

Sylvester Emmons handwriting begins.


State of Illinois)
City 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
)
To the <​Judges of the​> Municiple Court of the City 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
Whereas I Joseph Smith of said
City

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
being under arrest illegally <​and in the custody of
Thos C 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...

View Full Bio
officer​> by virtue of a Writ issued by
Thos 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...

View Full Bio
Gov— of said
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...

More Info
do hereby apply to the Municiple Court of Said
City

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
for and pray that they may grant me a writ of
Habeus 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...

View Glossary
in pursuance of <​a provision in​> the City Charter and an ordinance in pursuance of said provision,
1

Act to Incorporate the City of Nauvoo, 16 Dec. 1840; Ordinance, 5 July 1842.


that I may be entitled to the privilege of showing to your honors the insufficiency of the writ and the impossibility of utter groundlessness of the charge prefered in said Writ which charges me with being accessary before the fact to an assault with intent to Kill made by one
O. P [Orrin Porter] Rockwell

June 1814–9 June 1878. Ferry operator, herdsman, farmer. Born in Belchertown, Hampshire Co., Massachusetts. Son of Orin Rockwell and Sarah Witt. Moved to Farmington (later in Manchester), Ontario Co., New York, 1817. Neighbor to JS. Baptized into Church of...

View Full Bio
2

Rockwell’s petition for habeas corpus stated that he was “not any where in the region of Country when the offense was committed.” Although an extra edition of the Wasp noted that Rockwell could “prove that he was in Nauvoo the day after the aforesaid assault on Ex-Governor Boggs,” it appears that Rockwell was actually in Missouri. He had evidently gone to Independence, Missouri, to be with his wife, Luana Hart Beebe Rockwell, when she gave birth to their daughter, Sarah Jane Rockwell, on 25 March 1842. The Rockwells were likely staying with Luana’s brother, Isaac Beebe, in Independence. Rockwell reportedly later claimed that “he could prove that he was seven miles north of Independence on the night that Governor Boggs was shot.” Rockwell was one of at least three individuals who were suspected of attempting to murder Boggs. (Lilburn W. Boggs, Affidavit, 20 July 1842; Thomas Reynolds, Requisition, 22 July 1842; Orrin Porter Rockwell, Petition to Nauvoo Municipal Court, 8 Aug. 1842, copy, Nauvoo, IL, Records, CHL; “The Arrest,” Wasp, 13 Aug. 1842, [2]; “Bennettiana,” Wasp, Extra, 27 July 1842, [1]; Jorgensen and Leary, “Luana Hart Beebe,” 126; Joseph O. Boggs, Independence, MO, to John C. Bennett, 12 Sept. 1842, in Bennett, History of the Saints, 286; see also Switzler et al., Switzler’s Illustrated History of Missouri, 251; James H. Hunt, Knoxville, MO, to Nathan Daggett, Kirtland, OH, 16 July 1842, typescript, Daggett Papers, Lake County Historical Society, Mormon Related Archives, CHL; and McLaws, “Attempted Assassination of Missouri’s Ex-Governor, Lilburn W. Boggs,” 58–62.)


Comprehensive Works Cited

The Wasp. Nauvoo, IL. Apr. 1842–Apr. 1843.

Jorgensen, Danny L., and Andrew Leary. “Luana Hart Beebe (1814–1897): A Biographical Sketch of a Remarkable Early Latter-day Saint.” Journal of Mormon History 42, no. 3 (July 2016): 120–154.

Bennett, John C. The History of the Saints; or, an Exposé of Joe Smith and Mormonism. Boston: Leland and Whiting, 1842.

Switzler, W. F., A. J. Conant, G. C. Swallow, and R. A. Campbell. Switzler’s Illustrated History of Missouri, from 1541 to 1877. Edited by C. R. Barns. St. Louis: C. R. Barns, 1879.

Lake County Historical Society. Mormon Related Archives, 1791–1902. CHL.

McLaws, Monte B. “The Attempted Assassination of Missouri’s Ex-Governor, Lilburn W. Boggs.” Missouri Historical Review 60, no. 1 (Oct. 1965): 50–62.

on
Lilburn W Boogs [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...

View Full Bio
on the night of the sixth day of May A D 1842 in 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 ...

More Info
and having fled from the Justi[c]e of said
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 ...

More Info
and taking refuge in 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...

More Info
when as I shall be able to prove before your honors that I was not out 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...

More Info
nor in 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 ...

More Info
for the last two years and that I was not accesory to said assault of on said
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...

View Full Bio
3

Both the United States Constitution and an 1827 Illinois law described fugitives from justice as those who commit a crime in one state and then flee to another state. Commenting on JS’s arrest, the Wasp noted, “We have yet to learn by what rule of right he [JS] was arrested to be transported to Missouri,” as “‘an accessory to an assault with an intent to kill,’ does not come under the purview of the fugitive act, when the person charged has not been out of Illinois &c.” (U.S. Constitution, art. 4, sec. 2; An Act concerning Fugitives from Justice [6 Jan. 1827], Public and General Statute Laws of the State of Illinois [1834–1837], p. 319, sec. 4; “The Arrest,” Wasp, 13 Aug. 1842, [2], italics in original; see also “Persecution,” Times and Seasons, 15 Aug. 1842, 3:888.)


Comprehensive Works Cited

The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

The Wasp. Nauvoo, IL. Apr. 1842–Apr. 1843.

not knowing anything about the intended assault nor anything concerning it untill I was informed of it some time after it had occured
4

According to JS’s journal, rumor of the attempted assassination reached Nauvoo on 14 May 1842. News reports confirmed the rumors the following day. (JS, Journal, 14–15 May 1842.)


the copy of said Writ doth hereby follow
The people 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...

More Info
To
Thos C 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...

View Full Bio
Whereas it has been

Sylvester Emmons handwriting ends; William Clayton begins.


made known to me by the Executive authority 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 ...

More Info
that one Joseph Smith stands charged by the affidavit of
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...

View Full Bio
made on the 20th. day of July A.D 1842 at the county of
Jackson

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...

More Info
in 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 ...

More Info
before
Samuel Weston

24 Oct. 1783–14 Dec. 1846. Blacksmith, joiner, carpenter. Born in Belfast, Ireland. Moved to Ulverston, Lancashire, England, by 1812. Married Margaret Cleminson Gibson, 28 June 1812, in Ulverston. Joined British navy, 1812; captured by Americans and defected...

View Full Bio
a Justice of the Peace within and for the County of
Jackson

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...

More Info
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Related Case Documents
Editorial Title
Petition to Nauvoo Municipal Court, 8 August 1842 [Extradition of JS for Accessory to Assault]
ID #
2027
Total Pages
4
Print Volume Location
JSP, D10:355–361
Handwriting on This Page
  • Sylvester Emmons
  • William Clayton

Footnotes

  1. new scribe logo

    Sylvester Emmons handwriting begins.

  2. [1]

    Act to Incorporate the City of Nauvoo, 16 Dec. 1840; Ordinance, 5 July 1842.

  3. [2]

    Rockwell’s petition for habeas corpus stated that he was “not any where in the region of Country when the offense was committed.” Although an extra edition of the Wasp noted that Rockwell could “prove that he was in Nauvoo the day after the aforesaid assault on Ex-Governor Boggs,” it appears that Rockwell was actually in Missouri. He had evidently gone to Independence, Missouri, to be with his wife, Luana Hart Beebe Rockwell, when she gave birth to their daughter, Sarah Jane Rockwell, on 25 March 1842. The Rockwells were likely staying with Luana’s brother, Isaac Beebe, in Independence. Rockwell reportedly later claimed that “he could prove that he was seven miles north of Independence on the night that Governor Boggs was shot.” Rockwell was one of at least three individuals who were suspected of attempting to murder Boggs. (Lilburn W. Boggs, Affidavit, 20 July 1842; Thomas Reynolds, Requisition, 22 July 1842; Orrin Porter Rockwell, Petition to Nauvoo Municipal Court, 8 Aug. 1842, copy, Nauvoo, IL, Records, CHL; “The Arrest,” Wasp, 13 Aug. 1842, [2]; “Bennettiana,” Wasp, Extra, 27 July 1842, [1]; Jorgensen and Leary, “Luana Hart Beebe,” 126; Joseph O. Boggs, Independence, MO, to John C. Bennett, 12 Sept. 1842, in Bennett, History of the Saints, 286; see also Switzler et al., Switzler’s Illustrated History of Missouri, 251; James H. Hunt, Knoxville, MO, to Nathan Daggett, Kirtland, OH, 16 July 1842, typescript, Daggett Papers, Lake County Historical Society, Mormon Related Archives, CHL; and McLaws, “Attempted Assassination of Missouri’s Ex-Governor, Lilburn W. Boggs,” 58–62.)

    The Wasp. Nauvoo, IL. Apr. 1842–Apr. 1843.

    Jorgensen, Danny L., and Andrew Leary. “Luana Hart Beebe (1814–1897): A Biographical Sketch of a Remarkable Early Latter-day Saint.” Journal of Mormon History 42, no. 3 (July 2016): 120–154.

    Bennett, John C. The History of the Saints; or, an Exposé of Joe Smith and Mormonism. Boston: Leland and Whiting, 1842.

    Switzler, W. F., A. J. Conant, G. C. Swallow, and R. A. Campbell. Switzler’s Illustrated History of Missouri, from 1541 to 1877. Edited by C. R. Barns. St. Louis: C. R. Barns, 1879.

    Lake County Historical Society. Mormon Related Archives, 1791–1902. CHL.

    McLaws, Monte B. “The Attempted Assassination of Missouri’s Ex-Governor, Lilburn W. Boggs.” Missouri Historical Review 60, no. 1 (Oct. 1965): 50–62.

  4. [3]

    Both the United States Constitution and an 1827 Illinois law described fugitives from justice as those who commit a crime in one state and then flee to another state. Commenting on JS’s arrest, the Wasp noted, “We have yet to learn by what rule of right he [JS] was arrested to be transported to Missouri,” as “‘an accessory to an assault with an intent to kill,’ does not come under the purview of the fugitive act, when the person charged has not been out of Illinois &c.” (U.S. Constitution, art. 4, sec. 2; An Act concerning Fugitives from Justice [6 Jan. 1827], Public and General Statute Laws of the State of Illinois [1834–1837], p. 319, sec. 4; “The Arrest,” Wasp, 13 Aug. 1842, [2], italics in original; see also “Persecution,” Times and Seasons, 15 Aug. 1842, 3:888.)

    The Public and General Statute Laws of the State of Illinois: Containing All the Laws . . . Passed by the Ninth General Assembly, at Their First Session, Commencing December 1, 1834, and Ending February 13, 1835; and at Their Second Session, Commencing December 7, 1835, and Ending January 18, 1836; and Those Passed by the Tenth General Assembly, at Their Session Commencing December 5, 1836, and Ending March 6, 1837; and at Their Special Session, Commencing July 10, and Ending July 22, 1837. . . . Compiled by Jonathan Young Scammon. Chicago: Stephen F. Gale, 1839.

    The Wasp. Nauvoo, IL. Apr. 1842–Apr. 1843.

  5. [4]

    According to JS’s journal, rumor of the attempted assassination reached Nauvoo on 14 May 1842. News reports confirmed the rumors the following day. (JS, Journal, 14–15 May 1842.)

  6. new scribe logo

    Sylvester Emmons handwriting ends; William Clayton begins.

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