Missourian Efforts to Extradite Joseph Smith and the Ethics of Governor Thomas Reynolds of Missouri

Abstract: 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. The analysis follows the discovery that Governor Reynolds had dismissed the underlying 1838 charges against Joseph Smith when he was a Missouri Supreme Court judge. It also responds to the revelation that Missouri reissued indictments based on the same underlying facts in June 1843 despite the existence of a double-jeopardy provision in the Missouri Constitution of 1820