Item Detail
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25834
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19
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18
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English
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Habeas Corpus in Early Nineteenth-Century Mormonism : Joseph Smith's Legal Bulwark for Personal Freedom
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BYU Studies Quarterly
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52
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1
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Provo, UT
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Brigham Young University
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4-97
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After Joseph Smith's incarceration in Liberty Jail in Liberty, Missouri, in 1838-1839, Smith believed that he would not survive another imprisonment. It was in fact his jailing in Illinois that ended in his murder in 1844. This paper explores Smith's use of writs of habeas corpus to combat those who sought his imprisonment. Walker introduces the reader to the historical use of habeas corpus and provides an analysis of the use of this writ within the American legal system during Smith's lifetime. Walker then applies this understanding to specific instances where Joseph Smith employed the writ; from his imprisonment at Liberty to the first two extradition efforts by the Missourians to the enactment of various habeas corpus ordinances by the Nauvoo City Council. While critics have argued that Smith's use of habeas corpus was overreaching, Walker's work brings a new perspective to more accurately understand Smith's use of habeas corpus in the context of the law and practice in his day.
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Documents, Volume 6: February 1838-August 1839
Kingdom of Nauvoo : The Rise and Fall of a Religious Empire on the American Frontier
"Marshaled and Disciplined for War" : A Documentary Chronology of Conflict in Hancock County, Illinois 1839-1845
Missourian Efforts to Extradite Joseph Smith and the Ethics of Governor Thomas Reynolds of Missouri
Mormons and the Grand Jury in Hancock County, 1839-1845
Mortal Enemies : Mormons and Missourians 1839-1844
Revelations in Context: The Stories Behind the Sections of the Doctrine and Covenants
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The Habeas Corpus Protection of Joseph Smith from Missouri Arrest Requisitions
The Joseph Smith Papers, Documents, Vol. 12: March 1843 - July 1843
The Joseph Smith Papers : Documents, Volume 11 : September 1842–February 1843
The Joseph Smith Papers Documents, Volume 13: August-December 1843
The Joseph Smith Papers: Documents Volume 14: 1 January-15 May 1844
The Joseph Smith Papers: Documents Volume 15: 16 May-28 June 1844
The Joseph Smith Papers : Documents, Volume 6 : February 1838–August 1839
"They Pursue Me without Cause" : Joseph Smith in Hiding and D&C 127, 128
Untouchable: Joseph Smith's Use of the Law As Catalyst for Assassination
Vengeance is Mine: The Mountain Meadows Massacre and Its Aftermath -
A Call to Arms : The 1838 Defense of Northern Missouri
Alexander William Doniphan : Portrait of a Missouri Moderate
A Study of the Nauvoo Charter, 1840-1845
Atchison's Letters and the Causes of Mormon Expulsion from Missouri
A Wall to Defend Zion : The Nauvoo Charter
Exiles in a Land of Liberty : Mormons in America, 1830-1846
Joseph Smith And Legal Process : In the Wake of the Steamboat Nauvoo
Joseph Smith and the 1826 Trial : New Evidence and New Difficulties
Joseph Smith's 1826 Trial : The Legal Setting
Mormon Redress Petitions : Documents of the 1833-1838 Missouri Conflict
Nauvoo : A Place of Peace, a People of Promise
Nauvoo : Kingdom on the Mississippi
Orrin Porter Rockwell : Man of God, Son of Thunder
Recollections and Opinions of an Old Pioneer
The Autobiography of Parley Parker Pratt
The Boggs Shooting and Attempted Extradition : Joseph Smith's Most Famous Case
The Joseph Smith Papers : Journals, Volume 2 : December 1841-April 1843
The Rise and Fall of Nauvoo