Introduction to Extradition of JS for Treason
Extradition of JS for Treason
Nauvoo, Hancock Co., Illinois, Municipal Court, 1 July 1843
Historical Introduction
On 13 June 1843, governor sent a requisition to officials demanding that they apprehend and extradite JS to answer a charge of treason, allegedly committed during the 1838 conflict between the Latter-day Saints and their antagonists in Missouri. This was the third time since 1840 that a Missouri governor had sought JS’s extradition. The earlier attempts both resulted in courts discharging JS on writs of , with the judges citing deficiencies in the documents supporting the proceedings.
Former Latter-day Saint , who was a key instigator of the second extradition attempt, continued in early 1843 to work with JS’s antagonists in to reinitiate extradition proceedings. Bennett evidently traveled to Missouri in January 1843 to meet with like-minded individuals who could assist him in convening a grand jury to approve a new treason indictment. One such individual was Samuel C. Owens, an , Missouri, merchant, circuit court clerk, and participant in the 1833 expulsion of the Latter-day Saints from , Missouri. Bennett and Owens communicated with governor , and presumably also with Missouri governor , in hopes of securing their cooperation. In addition, Bennett and Owens went so far as to select the two men who would take JS into custody: , Illinois, constable and Jackson County sheriff .
Although began corresponding with Owens in January 1843, it was not until 5 June that a , Missouri, grand jury met to consider JS’s case. After reviewing allegations regarding the 1838 conflict, a new indictment was approved that charged JS and at least five hundred armed men with assembling in Daviess County and levying “public war” against the state of in October 1838. This language alluded to the definition of treason included in the Missouri state constitution. Based on that indictment, on 13 June 1843 sent a requisition demanding that officials apprehend JS and deliver him to , who received a power of attorney from the governor authorizing him to convey JS to Missouri. Sheriff Reynolds arrived in , Illinois, on 16 June and delivered the requisition to . The following day, Ford issued a warrant for JS’s arrest, directing it to . This quick succession of events was apparently timed to coincide with the Smith family’s mid-June 1843 trip to , Illinois, where they visited ’s sister Elizabeth Hale Wasson in Palestine Grove, near , Illinois. JS subsequently claimed that someone had informed Bennett’s Missouri allies of the Smiths’ and that Reynolds and Wilson had sought to capture JS while he was outside the safe confines of .
News that had issued the arrest warrant reached on 18 June, leading JS’s clerk and church member to depart the city in an effort to warn JS. Clayton and Markham arrived at the Wasson home on 21 June and informed JS of Ford’s warrant. Two days later, and approached the Wasson residence, pretending to be Latter-day Saint missionaries. The two men seized JS in a rough manner and threatened Markham with their guns, warning him not to interfere. After arresting JS, Wilson transferred custody to Reynolds.
The lawmen then forced JS into their wagon and drove him about ten miles to , the seat, where they hoped to acquire fresh horses to transport him to . The two officers confined JS in the tavern of Henry McKinney and reportedly refused him access to an attorney. also went to Dixon and met with , who had gone into town earlier in the day. The two worked to hire legal counsel for JS. With the aid of several local citizens, none of whom were members of the church, they retained attorneys and . They were subsequently joined by , an attorney and congressional candidate who was campaigning in the area. JS and his attorneys initiated several legal actions designed to hinder the extradition. First, they obtained a writ of that required to present JS before an circuit court judge, who would review the legality of the detention. Next, the attorneys brought multiple criminal charges against the lawmen stemming from their handling of JS’s arrest. Finally, JS and his lawyers brought a civil suit against Reynolds and for false imprisonment and personal injury. JS submitted to the Lee County Circuit Court an affidavit recounting his arrest, after which Lee County sheriff James Campbell arrested Reynolds and Wilson and held them in custody until they could secure bail.
On 24 June, JS, his attorneys, his captors, Sheriff Campbell, and a few others departed for Ottawa, Illinois, where they expected to appear before Judge John Caton. The party traveled more than thirty miles to , where they learned that Caton was in . On 25 June, they returned to Dixon, arriving in the late afternoon. JS obtained another writ of , which commanded to present him “before the nearest Judge or Judicial tribunal” in the fifth judicial circuit “authorised to hear and determine upon writs of Habeas Corpus.” JS and his attorneys reportedly decided to appear before circuit court judge in , Illinois, possibly because Young had previously been friendly to JS and the church. Reynolds and , still in Campbell’s custody due to JS’s civil suit, also obtained a writ of habeas corpus with the intent to appear before Young to challenge their detention.
The traveling party departed on 26 June. Although was the stated destination, it appears that no one in the party actually intended to go there. and wanted the party to head west to the , where a steamboat was waiting for them, ostensibly to convey them more quickly to Quincy farther south. JS and his associates suspected that once on the boat, Reynolds intended to force JS into , so they instead insisted that the group travel overland in the direction of Quincy. Reynolds later claimed that JS and his allies insisted on the overland route because it would bring them close to and the city’s municipal court, where JS would seek discharge on . confirmed Reynolds’s suspicion, explaining in July 1843 that before the group departed from Dixon, “it was the determination of the whole company”—apparently including Campbell, who held Reynolds and Wilson in custody—“to go to Nauvoo.” Southwick further claimed that the stagecoach was “chartered to go to Nauvoo.”
The Municipal Court’s powers caused significant controversy in western during the early 1840s. Church members argued that the act incorporating the city of Nauvoo—commonly known as the —which was granted by the Illinois state legislature in 1840, and various city ordinances subsequently passed by the Nauvoo City Council granted the court authority to review any warrant, regardless of whether it was issued by federal, state, or city officials. The church’s opponents countered that the legislature had envisioned the municipal court reviewing detentions stemming from alleged violations of city ordinances, not state or federal laws. JS later explained that he had “dictated” to “the laws of Nauvoo” regarding habeas corpus and that the attorney “rec[e]ived them on my testimony.” JS claimed that he had “converted” Walker “to the truth of Habeus Corpus.” explained that he and were also convinced, later stating that the attorneys believed the “jurisdiction of said case was very properly entertained by said court.” Southwick further argued that because “the language of the writ of habeas corpus” obtained in stated that the writ was returnable before the nearest court with habeas corpus powers within the fifth judicial circuit, the writ gave JS “the right to go before the municipal authority of said city.” later stated that he “did not intend” to allow JS to appear before the Nauvoo Municipal Court, which in his view “had no legal power to interfere in the matter at all.”
After the party passed through Geneseo, Illinois, on 27 June, a small cadre of scouts intercepted JS’s group. The scouts were among approximately two hundred legion soldiers who began departing on 25 June to search for JS and to rescue him if his captors sought to convey him out of the without due process. Over the next few days, dozens of legion troops joined the traveling party. Although armed, they evidently kept their weapons hidden. JS enjoined the troops not to harm and , while his allies in the traveling party pledged that they would not allow JS to escape prior to his appearance before a court on . As the traveling party approached , Illinois, on 28 June, it left the main road that would have taken the group to and instead followed the route toward Nauvoo, despite Reynolds’s objections.
As the party approached on 30 June, “an immenes [immense] concourse of people” accompanied by a band escorted it into the city. JS and hosted and at their home for the midday meal, after which JS petitioned the Nauvoo Municipal Court for a writ of . He attached copies of ’s warrant and ’s power of attorney, which authorized Sheriff Reynolds to convey JS to . Because JS, as mayor, ordinarily served as the municipal court’s chief justice, the court elected to serve as its president pro tempore. The court granted the petition. Nauvoo city marshal served the writ on Joseph H. Reynolds, who released JS into the court’s custody for the hearing. Although Reynolds “refused to recognise the jurisdiction of the court,” he nevertheless wrote on the writ of habeas corpus a “return” notation explaining by what authority he detained JS, effectively transferring custody of JS to the court for the hearing. In the evening, JS addressed the Saints, recounting his arrest and the journey to Nauvoo and defending the Nauvoo Municipal Court’s habeas corpus powers.
On 1 July 1843, the municipal court held its hearing. Although the witnesses—, , , , , and —discussed problems with the warrant, they focused primarily on the 1838 conflict and the unfair treatment of the Saints to demonstrate that JS was not guilty of treason. Subsequently, JS’s attorneys—, , and —addressed the court. At the conclusion of the proceedings, the court discharged JS, citing deficiencies in ’s warrant and “the merits of said Case,” essentially acquitting him from the treason charge.
Following the discharge, and claimed that JS “had resisted the law and the Mormons had rescued him.” Furthermore, the lawmen “petitioned the to send on an armed force to take” JS. In response, church members forwarded a petition to Ford asking him not to take this action, and missionaries dispersed throughout to tell the Saints’ side of the story. JS also spoke publicly about his arrest at the church’s 4 July 1843 celebration and worked to influence public opinion in the press. Seeking reliable information on the arrest and subsequent events, Ford sent attorney to to investigate the claims made by Reynolds and Wilson. Under JS’s direction, church members cooperated with the investigation by making copies of the municipal court’s proceedings. The trial report for the case was also published as installments in the Nauvoo Neighbor and Times and Seasons, and in pamphlet form. At the end of the month, Brayman informed JS that Ford had rejected Sheriff Reynolds’s request to send the state militia to arrest him. This ended the third and final attempt by the government to extradite JS.
Calendar of Documents
This calendar lists all known documents created by or for the court, whether extant or not. It does not include versions of documents created for other purposes, though those versions may be listed in footnotes. In certain cases, especially in cases concerning unpaid debts, the originating document (promissory note, invoice, etc.) is listed here. Note that documents in the calendar are grouped with their originating court. Where a version of a document was subsequently filed with another court, that version is listed under both courts.
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