Show I 1 copyright secured HISTORY OF JOSEPH SMITH JANUARY 1843 in tle the united states circuit court district of illinois of the december term 1842 december 3 Is day duy in the tho matter of or joseph smith on petition for fur habeas corpus and now at this day comes the said joseph smith by justin butterfield his attorney and presents to the court his petition setting forth that thit lie has been arrested and is detained in custody by william F elkin sheriff of sad Sau gamon county upon a warrant issued by the governor of the ahe state of illinois upon the llie requisition of tile tiie governor of missouri as a fugitive from justice and that he be is also arrested by wilson law liw and by him also held and detained in custody jointly with the said sherid sheriff of Sar sangamon gamon camon county upon a prod kimation issued by the tile governor of the state of illinois that he is arrested and detained as aforesaid under color of a law of tile the united states and that his arrest and detention is ie illegal galand and in violation of law and without the authority li rity of law in this that the said petitioner is not a fugitive from justice nor has ir rp fled from the iha state of missouri and praying that avrit of habeas corpus corrus may be he issued by this court directed to the sau said william F elkin and wil wll wilson wilon on law daw commanding them forthwith and und without de bring the peti petitioner before benore this court to abide such order and direction ns tie this court may make ia in tile the premises upon reading tending and filing of which said petition it ia is considered and ordered by the court that a writ of habeas corpus be issued as prayed for in said petition returnable forth forthwith with nith and thereupon a writ of habeas corpus was issued in the words and figures following to wit the tho united states of america to wi williim liam ilam F elkin sheriff of sangamon sanca Sanga mon mou county state of illinois and wilson law greeting we command you that you do forth forthwith witt with out excuse or or cause bedfor before the circuit court of th uni ed states for tile tho e brict s of at the district court room in th the a c city ity of springfield the body of joseph smith by whatever name naine or audition he is is known or called I 1 and who wl 0 is is unlawfully detained in your custody as it is said wilh the day and cause ot of his tile caption cainion and detention til liten en and there to perform mid and abide such order and direction as the said eaid court shall make m ike ill in that behalf and hereof mahe make due return under the tho penalty of what the I 1 tw w directed directs witness bitne r roger oer B taney chie chief f justice 0 of f tb tiia ilia supreme up reme court of the llie SP span AL united rit state ewes at Spring springfield ri 1 id in the 3 district of illinois this 3 day of december AD A D 1842 1642 and of our independence the year 5 ear JAMES F OWINGS clerk arid aad afterwards on oil the tho it e said day of december aforesaid the said taid writ of habeas corpus was returned with returns endorsed thereon in the words and agures following 1 I william F elkin sheriff of or sangamon county do hereby return to the within writ that the theli bihin hin named joseph sinith snaith iv is iii in jn my custody by virtue of a warrant issued by tho the governor governer of the state of or illinois upon tile the requisition of the governor of the state of missouri made on he be afu biu davit of L W boggs and a copy of the said warrant requisition and affidavit is hereunto au boxed dated december 3 1 1 WM WIN F ELKIN sheriff sheriffs S C illinois 1 I wilson law do return to tl ti e within writ that the tile said sold joseph smith is in in my custody by virtue of an arrest made by me of liis lils li body under erld erid t nd by virtue of a proclamation of the governor gi vernor f the state of illinois a copy whereof is is hereunto annexed dated d ted led Di cember december 31 1842 1642 WILSON LAW or the return to the within writ of or habeas corpus appears by tahe he foregoing returns and the schedule herel hereunto luto annexed and the tile body of sud cud joseph sinith smith la Is in court WM PRENTISS V U S marshal district of illinois december Decer riter 31 1842 1642 and afterwards to wit on the same tame day aforesaid upon the return of the sald eaid writ of habeas corpus the following orders were made in this thi cause in of joseph josepa smith on habeas corpus Will willi gain foin ain kin F elkin and bid nid wilson wison law law baving having made reta return tri to tilo tile th v writ nt of habets habet 8 corpus issued issued la this th cause and brought llie body of the said joseph smith into court on motion of justin butterfield his attorney it is ordered that tile the said joseph smith be admitted to ball bail and thereupon came carne the said joseph smith in proper person principal and james adams and wilson L law liw sw sureties and severally acknowledge themselves to owe and be indebted to the unius unite d states slates of america in tile the suni oe of two thousand dollars each to be levied of their respective goods and chattels lands and tenements but to be void oil on condition that the said joseph smith shall be and appear before the circuit court of the united states for the district of illinois now sitting silling from day to day and shall not depart without leave of tile the court and there thereupon it is ordered tha tiia this cause bo be set for heuring hearing on monday next nex tand and it is further ordered that the governor of illinois and tho tha attorney general be informed by the marshal that joseph arrested on a warrant issued for his fils n by the governor of illinois december is before belore this court on habeas corpus and that the case will be heard beard on monday january 2nd and 1843 1643 and that a copy of this order be ue handed to each of those officers it 13 ordered that the governor of illinois and nd the attorney general be informed by the tile marshal that joseph smith arrested on a N warrant a arant issued for his apprehension 1 by bythe the governor of illinois de dec e I 1 ta is before this court on a I 1 writ of habeas corpus and that the tiie case mil nil be heard on monday 2nd aud january 1843 1643 ana an d that a copy of this order be handed to each eacil of those cincere oin cin cers united states slates of amer Amey america ica I 1 james jmes F ow district of illinois ing clerk c of f the circuit court of the tile united states for the d strict aforesaid do certify that the llie foregoing I 1 id 4 a true copy of an order passed by said court the day of december 1842 i I 1 in ii testimony whereof I 1 have here unto subscribed my name and affixed S SEA EA L I 1 tile the seal of said court at springfield this day of december A D 1842 JAMES F OWINGS clerk delivered a copy of the within order to tho thos ford governor and josith lamborn attorney general of the state of illinois december 1842 WM WAL PRENTISS marshal in the matter of joseph oil on habeas corpus copy of order mar marshi shills ils feis fees for serving on two wo return returning iLg 12 and afterwards to wit on the 2nd and day of january AD 1843 1643 justin justia Butter butterfield fields attorney for bild edid petitioner filed tile tiie written denial of the tile said petitioner of or the matters and things set forth I 1 in the return io to tile the said sald writ of habeas corpus which denial ia 13 in the words and figures following viz circuit court of or the tile united stites states district of illiams iiii ois in tile the matter mailer 0 joseph smith upon habeas corpus joseph smith being brought up on habeas court comes cornea and denies the matter set forth in the tile return to the lle lie same saino in this is not a fugitive from the justice of the I 1 state of missouri hut but alleges and is ready to I 1 prove that he lie was nat not in the state of Bliss missouri ouri outi at the llie time lime of tilo the commission of or the alleged crime set forth in the tiie affidavit of L IV boggs nor had lie he been in said state for more mor ethan three years previous to that time nor lias iras he been ill in that state since that time lime but on the ike be contrad ar at the tiie time the said alleged assault was made upon u pon the said sald boggs as set forth in said sald the said smith sinith vv was as at nauvoo in the county of hancock in tile the state of illinois and that he lie has not fled fied flea from the justice of the tile state tate tale of Mis somi souil and taken refuge in the state of illinois as is most untruly stated in the warrant upon which lie he is arrested and tint the tile matter set eel forth in the requisition of the governor of or missouri and in tile the suid said warranty warr war int are not supported by oath joserh SMITH state of eincig as i joseph smith being duly sworn saith salih that the matter and things set forth in ill trie tiie foregoing state men are true JOSEPH SMITH sworn and subscribed to before me this 2nd and day of january 1813 IS 18 ll 13 iames JAMES F OWINGS clerk and afterwards to wit oil on the same day and year last list aforesaid tile the follow following iw order was made in this cause viz in tho the nutter of joseph smith on habeas corpus at this day comes com i es the said joseph smith and by justin butterfield buttergield butter Bulter field his attorney iles riles lies hib his written denial verified ty affidavit of the matters and things set et forth in IH tho return to tile the writ of habeas corpus issued in this cause and at the tile same time ulso also comes cornea josiah lamborn attorney general of the state of illinois and on n his motion it is ordered that this cause be for forbearing hear bear until wednesday morning next and afterwards to wit on oil the ath day of jawn jaan ary 1843 josiah lamborn attorney general of the state of illinois filed his liia objections object ious to tile the jurisdiction of this court in this cause and moved to dismiss the proceedings herein which said enid motion and objections are in tho words and fi figures following viz united states of america amedea 1 in the circuit court of the state of illin illinois I 1 in the matter of joseph smith sinith I 1 J gimborn Lim borns born of illinois kotc the court to dismiss tile the proceedings herein forthe for the reason that this court lias bus no jurisdiction the arrest and detention retention of said smith was not under or by color of or authority of or the united states or any of the officers of tile the united states but under and by color of or authority au authority thorit Y of the state of Illi illinois neis nels and bythe by the officers of illinois li 2nd and when a fugitive from justice is arrested bk b authority of tile the governor of any state upon the requisition of any other governor of another state the courts of justice neither state or federal have or jurisdiction to enquire into auy any facts behind tha ilia the writ J LAMBORN attorney general of illinois and afterwards to wit on the same day and year last aforesaid the following ord sr ir was made in this cause viz in the matter of joseph smith on habeas corpus and now again at this day comes the said joseph smith by justin butterfield batterfield his attorney and at tl tle e same time also comes josiah lamborn attorney general of the state of illinois and enters his motion to dismiss the proceedings herein for want of jurisdiction and the tile court having heard tile the allegations and proofs herein and the tha arguments of council upon the same and aiso also upon the aforesaid motion and end not being sufficiently advised took time lime ac and arid afterwards to wit on the same day and year aforesaid justin butterfield attorney for sid sald petitioner filed tile the affidavits affidavit of which the to following lowing are copies circuit court of the united slates dih Dis district trici of illinois in the he matter of joseph smith smith upon open habeas corpus district of illinois ss stephen A dougla douglas james 11 II ralston almeron wheat J 13 backenstos being duly duty sworn tach each each for himself says that thit th it they tiley wore were at nauvoo in in the county of hancock in this state on the seventh day ormay I 1 list that they saw joseph smith on that day reviewing the nauvoo legion at that place in the presence of several beveral thousand persons J 13 backenstos STEPHEN A DOUGLAS sworn to and subscribed ij in open court mis wis ath january 1843 1643 JAMES F OWINGS clerk circuit court coutt of tile the united sta states 1 es ij district of 11 illinois i in the matter of joseph smith upon habeas corpus district of illinois willson wilison law henry G sherwood erwood Sli sll theodore theadore turley shadrach Shad nich roundy willard richards william willum claytob clay ton toh and ihira hiram m smith being duly sworn say that they know that joseph smith was in nauvoo in the county of hancock in the state of illinois during the whole of the tho sixth mth and seventh days of or may last that oil on the sixth day of may aforesaid tile tiie suid suld smith sinith attended an officer drill at nauvoo from teu ten in the forenoon to about four ill in the he afternoon at which drill the said joseph smith sinith was present an and these deponent hiram niram smith G sherwood d john taylor and william clayton were with the said smith at nauvoo aforesaid during the ev evening eiling of the sixth day of may muy M ay iy last and sat sit with said joseph smith in nauvoo lodge from six until nine of said evening evening and theto cepon ants niram hiram smith wilard will IT ichards richards and william marks were with the said smith sinith at his dwelling house in nauvoo oil on and during the eve evening riling of the tiie fifth day d ay iy of may last and conversed with ith him and all nil of the deponents aforesaid do say that oil on the tile seventh day of or may aforesaid tile the sad s lid iid smith inith revie reviewed wea wed lle lie the nauvoo legion and aud was present sell seli t with tile the said legion all that day in tile tiie theare pre sence of or many thousand people and it would have hive been impossibly or the said joseph smith to have llave been at any ay place pl ace in tho the state of mis all ali gouri at any time lime on or between the sixth and seventh days dys of may aforesaid and these de pa parents rients ts willard richard Richar dx william clayton Clay lon loc ill hi ram smith and loria lorla walker say that they have hare een aeu seen and conversed with the said smith at nauvoo afore aforesaid sAd daily dally biily from the tenth of february last until the tile first of july last and know that lie he has not been beca absent from said city of nauvoo at any time during that limb limn long enough to have been I 1 in tile tiie state stam of or missouri that lackson jackson county ill in the state of missouri is about three hundred miles from nauvoo r WILSON ILSON LAW HENRY G SHERWOOD THEODORE TURLEY ROUNDY WILLARD RICHARDS WILLIAM CLAYTON JOHN TAYLOR WILLIAM manks MARKS KS LORIN WALKER sworn to and subscribed in oarn 0 sm coart court this thin ath ian jan 1813 18 13 OW INGS clerk and afterwards to wit on the of january jannary 1843 the following orser was iu ill this thia cause viz in the matter of joseph smith on habeas cor tua pus pub and now at this th K day comes again the sald eaid joseph smith by justin butterfield his ins attorney and at the same time also comes josiah lamborn attorney general of the state of illinois and the court being now sufficiently advised of and concerning the motion heretofore entered to dismiss the proceedings iu in this cause it is considered that sald eaid motion be denied and tile the court having faily tally considered the petition of the seid said joseph smith and tile the matters and things set forth in the return made to the writ of habeas corpus issued herein and |