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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]

Trial Report, 5–19 January 1843, as Published in Reports [Extradition of JS for Accessory to Assault]

Source Note

Trial Report, [
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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, Sangamon Co., IL], 5–19 Jan. 1843, Extradition of JS for Accessory to Assault (United States Circuit Court for the District of IL 1843). Published in John McLean, Reports of Cases Argued and Decided in the Circuit Court of the United States, for the Seventh Circuit, vol. 3, Cincinnati: Derby, Bradley and Co., 1847, pp. 121–139. Includes typeset signature marks.

Historical Introduction

See Introduction to Extradition of JS for Accessory to Assault and Appendix 1: Missouri Extradition Attempt, 1842–1843, Selected Documents, Introduction.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Motion, circa 3 January 1843 [ Extradition of JS for Accessory to Assault ] Trial Report, 5–19 January 1843, as Published in Reports [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 ] 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 ] Trial Report, 5–19 January 1843, as Published in Reports [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 ] Transcript of Proceedings, 6 January 1843 [ Extradition of JS for Accessory to Assault ] Trial Report, 5–19 January 1843, as Published in Reports [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 ]

Page 129

behind the writ. In support of the first point, a law 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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was read, declaring that whenever the executive of any other state shall demand of the executive 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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, any person as a fugitive from justice, and shall have complied with the requisition of the act of Congress, in that case made and provided, it shall be the duty of the executive 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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to issue his warrant to apprehend the said fugitive, &c. It would seem that this act does not purport to confer any additional power upon the executive 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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, independent of the power conferred by the constitution and laws 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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, but to make it the duty of the executive to obey and carry into effect the act of Congress. The warrant on its face purports to be issued in pursuance of the constitution and laws 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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, as well as 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 maintain the position that this warrant was not issued under color or by authority of the laws 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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, it must be proved that 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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could not confer the power on the executive 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
. Because if Congress could and did confer it, no act 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
could take it away, for the reason that the constitution, and laws 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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, passed in pursuance of it, and treaties, are the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding. This is enough to dispose of that point. If the legislature 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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, as is probable, intended to make it the duty of the governor to exercise the power granted by Congress, and no more, the executive would be acting by authority 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 ...

More Info
. It may be that the legislature 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
, appreciating the importance of the proper
execution

“The act of carrying into effect the final judgment of a court, or other jurisdiction. The writ which authorises the officer so to carry into effect such judgment is also called an execution. . . . Executions are either to recover specific things, or money...

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of those laws, and doubting whether the governor could be punished for refusing to carry them into effect, deemed it prudent to impose it as a duty, the neglect of which would expose him to impeachment. If it intended more, the law [p. 129]
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Related Case Documents
Editorial Title
Trial Report, 5–19 January 1843, as Published in Reports [Extradition of JS for Accessory to Assault]
ID #
12354
Total Pages
19
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