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Introduction to Extradition of JS for Treason Indictment, circa 5 June 1843 [Extradition of JS for Treason] Docket Entry, Indictment, 6 June 1843 [Extradition of JS for Treason] Power of Attorney, 13 June 1843, Unidentified Scribe Copy–A [Extradition of JS for Treason] Power of Attorney, 13 June 1843, Unidentified Scribe Copy–B [Extradition of JS for Treason] Warrant, 17 June 1843, Unidentified Scribe Copy–A [Extradition of JS for Treason] Warrant, 17 June 1843, Unidentified Scribe Copy–B [Extradition of JS for Treason] Account, circa 23–circa 30 June 1843 [Extradition of JS for Treason] Petition to Nauvoo Municipal Court, 30 June 1843 [Extradition of JS for Treason] Habeas Corpus, 30 June 1843 [Extradition of JS for Treason] Habeas Corpus, 30 June 1843, Copy [Extradition of JS for Treason] Minutes, 30 June–1 July 1843, Edward Southwick Draft [Extradition of JS for Treason] Minutes, 30 June 1843–1 July 1843, James Sloan and William W. Phelps Draft [Extradition of JS for Treason] Hyrum Smith, Testimony, 1 July 1843 [Extradition of JS for Treason] Parley P. Pratt, Testimony, 1 July 1843 [Extradition of JS for Treason] Brigham Young, Testimony, 1 July 1843 [Extradition of JS for Treason] George Pitkin, Testimony, 1 July 1843 [Extradition of JS for Treason] Lyman Wight, Testimony, 1 July 1843 [Extradition of JS for Treason] Sidney Rigdon, Testimony, 1 July 1843 [Extradition of JS for Treason] Receipt to James Campbell, 1 July 1843 [Extradition of JS for Treason] Certification, 3 July 1843–A [Extradition of JS for Treason] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Nauvoo Neighbor [Extradition of JS for Treason]

Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason]

Source Note

Docket Entry, [
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, 1–ca. 6 July 1843], Extradition of JS for Treason (Nauvoo, IL, Municipal Court 1843); Nauvoo Municipal Court Docket Book, 55–87, 116–150; handwriting of
James Brown

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and
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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; CHL.

Historical Introduction

See Introduction to Extradition of JS for Treason.
Asterisk (*) denotes a "featured" version, which includes an introduction and annotation. Hyrum Smith, Testimony, 1 July 1843 [ Extradition of JS for Treason ] Trial Report, 8–26 July 1843, as Published in Times and Seasons [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Evidence [Extradition of JS for Treason] Petition to Nauvoo Municipal Court, 30 June 1843 [ Extradition of JS for Treason ] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Times and Seasons [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Evidence [Extradition of JS for Treason] Habeas Corpus, 30 June 1843 [ Extradition of JS for Treason ] Habeas Corpus, 30 June 1843, Copy [ Extradition of JS for Treason ] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason] Parley P. Pratt, Testimony, 1 July 1843 [ Extradition of JS for Treason ] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Nauvoo Neighbor [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Times and Seasons [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Evidence [Extradition of JS for Treason] George Pitkin, Testimony, 1 July 1843 [ Extradition of JS for Treason ] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Times and Seasons [Extradition of JS for Treason] Sidney Rigdon, Testimony, 1 July 1843 [ Extradition of JS for Treason ] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Nauvoo Neighbor [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Times and Seasons [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Evidence [Extradition of JS for Treason] Brigham Young, Testimony, 1 July 1843 [ Extradition of JS for Treason ] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Times and Seasons [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Evidence [Extradition of JS for Treason] Lyman Wight, Testimony, 1 July 1843 [ Extradition of JS for Treason ] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Nauvoo Neighbor [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Times and Seasons [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Evidence [Extradition of JS for Treason] Warrant, 17 June 1843, Unidentified Scribe Copy–A [ Extradition of JS for Treason ] Warrant, 17 June 1843, Unidentified Scribe Copy–B [ Extradition of JS for Treason ] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason] Power of Attorney, 13 June 1843, Unidentified Scribe Copy–A [ Extradition of JS for Treason ] Power of Attorney, 13 June 1843, Unidentified Scribe Copy–B [ Extradition of JS for Treason ] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Nauvoo Neighbor [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Times and Seasons [Extradition of JS for Treason] Trial Report, 8–26 July 1843, as Published in Evidence [Extradition of JS for Treason] Minutes, 30 June–1 July 1843, Edward Southwick Draft [ Extradition of JS for Treason ] Minutes, 30 June 1843–1 July 1843, James Sloan and William W. Phelps Draft [ Extradition of JS for Treason ] Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason]

Page 78

ten days of drunkness, we were informed that we indicted for treason,
Arson

In common law, the “malicious and voluntary burning [of] the house of another, by night or day.” American jurisdictions extended the crime to the burning of a variety of buildings, such as warehouses, churches, and schools.

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, murder,
larceny

Taking and carrying away the personal property of another, with felonious intent and against the owner’s will. Illinois statute defined larceny as “the felonious stealing, taking and carrying, leading, riding, or driving away the personal goods of another...

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, theft & stealing. We asked for a change of venue from that
county

Area in northwest Missouri settled by European Americans, 1830. Sparsely inhabited until 1838. Created from Ray Co., Dec. 1836, in attempt to resolve conflicts related to Latter-day Saint settlement in that region. County is transected diagonally from northwest...

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to Marion County, but they would not grant it; but they gave us a change of venue from
Daviess

Area in northwest Missouri settled by European Americans, 1830. Sparsely inhabited until 1838. Created from Ray Co., Dec. 1836, in attempt to resolve conflicts related to Latter-day Saint settlement in that region. County is transected diagonally from northwest...

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to
Boon county

Located in north-central part of Missouri. First settled, 1812–1813. Organized from Howard Co., 1820. Columbia established as county seat, 1821. Population in 1830 about 9,000; in 1840 about 13,500; and in 1850 about 15,000. While imprisoned and awaiting ...

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; and a
Mittimus

A written order commanding a jailer or keeper of a prison “to receive and safely keep, a person charged with an offence therein named, until he shall be delivered by due course of law.”

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was made out, by the pretended
Judge Birch

Ca. 1807–ca. Sept. 1839. Attorney, judge. Likely born in Tennessee. Married first Ann Ross, 20 Jan. 1824, at Howard Co., Missouri. Began law practice, 1831, at Richmond, Ray Co., Missouri. Married second Celenary (Selinary) Jacobs, 23 Jan. 1834, at Ray Co...

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without date, name or place. The<​y​> fitted us out with a two horse wagon & horses & four men besides the Sheriff, to be our guard; there were five of us. We started from
Gallatin

Founded and laid out, 1837. Identified as county seat, 13 Sept. 1837; officially recorded as seat, 3 Sept. 1839. After 1840 dispute in state legislature, reaffirmed as county seat, 1841. Several Latter-day Saints attempted to vote at Gallatin, 6 Aug. 1838...

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, the sun about two hours high P. M. and went as far as
Diahman

Settlement located in northwest Missouri. 1835 revelation identified valley of Adam-ondi-Ahman as place where Adam blessed his posterity after leaving Garden of Eden. While seeking new areas in Daviess Co. for settlement, JS and others surveyed site on which...

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, that evening & staid till morning. There we bought two horses of the guard & paid for one of them in our clothing, which we had with us & for the other we gave our note. We went down that day as far as
Judge [Josiah] Morin

8 Jan. 1791–25/26 Oct. 1885. Farmer, merchant, judge. Born at Bourbon Co., Virginia (later in Kentucky). Son of John Morin and Sarah Fishback. Served in War of 1812. Married first Mary Shipp, 4 July 1815, in Kentucky. Wife died. Married second Harriet Barnet...

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’s, a distance of some four or five miles. Their we staid until the <​next​> morning, where we started on our journey to
Boon county

Located in north-central part of Missouri. First settled, 1812–1813. Organized from Howard Co., 1820. Columbia established as county seat, 1821. Population in 1830 about 9,000; in 1840 about 13,500; and in 1850 about 15,000. While imprisoned and awaiting ...

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, & travelled on the road about twenty miles distance. There we bought a jug of whiskey, with which we treated the company & while there the sheriff shewed us the mittimus, before referred to, without date or signature, and said that
Judge Birch

Ca. 1807–ca. Sept. 1839. Attorney, judge. Likely born in Tennessee. Married first Ann Ross, 20 Jan. 1824, at Howard Co., Missouri. Began law practice, 1831, at Richmond, Ray Co., Missouri. Married second Celenary (Selinary) Jacobs, 23 Jan. 1834, at Ray Co...

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never to carry us to
Boon county

Located in north-central part of Missouri. First settled, 1812–1813. Organized from Howard Co., 1820. Columbia established as county seat, 1821. Population in 1830 about 9,000; in 1840 about 13,500; and in 1850 about 15,000. While imprisoned and awaiting ...

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& never to shew the
mittimus

A written order commanding a jailer or keeper of a prison “to receive and safely keep, a person charged with an offence therein named, until he shall be delivered by due course of law.”

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; and said he, I shall take a good drink of grog, & go to bed & you may do as you have a mind to. Three others of the guard pretty freely of whiskey, sweetned with honey, they also went to bed & were soon asleep, & the other guard went along with us & helped to saddle the horses. Two of us mounted the horses & the other three started on foot & we took our change of venue for 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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& in the course of nine of <​or​> ten days, arrived safely a<​t​>
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 county, where we found our families in a State of poverty, although in good health; they having been driven out of the
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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previously by the murderous militia, under the exterminating order of the
Executive

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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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 now, the people 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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, a portion of them, would be glad to make the people 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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believe that my brother Joseph has committed treason, for the purpose of keeping up their murderous & hellish persecution, and they seem to be unrelenting & thirsting for the blood of innocence, for I do know most possitively that my brother has not committed treason, nor violated one Solitary item of law or rule 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 ...

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.
But I do know that the Mormon people en masse were driven out 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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, after being robbed of all they had, & they bearely escaped with their lives, as well as my brother Joseph who barely escaped with his life, his family also was robbed of all the<​y​> had & barely escaped with the Skin of their teeth & all of this in consequence of the exterminating order of
Governor 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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, the same being confirmed by the Legislature 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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. And I do know— so does this court, & every rational man who is acquainted with the circumstances, & every man who shall hereafter [p. 78]
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Related Case Documents
Editorial Title
Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason]
ID #
7285
Total Pages
67
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