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The University of Notre Dame Australia

Extradition

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Missourian Efforts To Extradite Joseph Smith And The Ethics Of Governor Thomas Reynolds Of Missouri, A Keith Thompson Jan 2018

Missourian Efforts To Extradite Joseph Smith And The Ethics Of Governor Thomas Reynolds Of Missouri, A Keith Thompson

Law Papers and Journal Articles

This is the second of two articles discussing Missouri’s requisitions to extradite Joseph Smith to face criminal charges and the Prophet’s recourse to English habeas corpus practice to defend himself. In the first article, the author discussed the English nature of pre-Civil War habeas corpus practice in America and the anachronistic modern idea that the Nauvoo Municipal Court did not have jurisdiction to consider interstate habeas corpus matters. In this article, he analyzes the conduct of Governor Thomas Reynolds in the matter of Missouri’s requisitions for the extradition of Joseph Smith in light of 1840s legal ethics in America. That …


The Habeas Corpus Protection Of Joseph Smith From Missouri Arrest Requisitions, A Keith Thompson Jan 2018

The Habeas Corpus Protection Of Joseph Smith From Missouri Arrest Requisitions, A Keith Thompson

Law Papers and Journal Articles

This is the first of two articles discussing Missouri’s requisitions to extradite Joseph Smith to face criminal charges and the Prophet’s recourse to English habeas corpus practice to defend himself. In this article, the author presents research rejecting the suggestion that the habeas corpus powers of the Nauvoo City Council were irregular and explains why the idea that the Nauvoo Municipal Court lacked jurisdiction to consider interstate habeas corpus matters is anachronistic. In the second article, the author analyzes the conduct of Missouri Governor Thomas Reynolds in relation to the requisitions for Joseph Smith’s extradition. Even by the standards of …