I.

Pleas before the Circuit Court of the United States for the district of Illinois, at the December term, A. D., 1842, December 31st.

In the matter of Joseph Smith: Petition for habeas corpus.

Justin Butterfield, attorney for said petitioner, comes and moves the court for the allowance of a writ of habeas corpus, and files the annexed petition and the papers referred to therein.

To the Honorable the Circuit Court of the United States for the district of Illinois:

The petition of Joseph Smith respectfully showeth that he has been arrested, and is detained in custody by William F. Elkin, sheriff of Sangamon county, upon a warrant issued by the governor of the state Illinois, upon the requisition of the governor of Missouri, as a fugitive from justice, a copy of the said warrant and the requisition and affidavit upon which the same was issued, is hereto annexed. And your petitioner is also arrested by Wilson Law, and by him also held and detained in custody, (jointly with the said sheriff of Sangamon county) upon a proclamation issued by the governor of the state of Illinois, a copy of which proclamation is hereunto annexed. Your petitioner prays that a writ of habeas corpus may be issued by this court directed to the said William F. Elkin and Wilson Law, commanding them forthwith and without delay to bring your petitioner before this honorable court, to abide such order and direction as the said court may make in these premises. Your petitioner states that he is arrested and detained as aforesaid under color of a law of the United {234} States, and that his arrest and detention is illegal and in violation of law; and without the authority of law, in this, that your petitioner is not a fugitive from justice, nor has he fled from the state of Missouri. And your petitioner, as in duty bound, will ever pray.

JOSEPH SMITH.