BYU ScholarsArchive

Article Title

Habeas Corpus in Early Nineteenth-Century Mormonism: Joseph Smith's Legal Bulwark for Personal Freedom

Authors

Jeffrey N. Walker

Keywords

Mormon studies, habeas corpus, Joseph Smith

Abstract

Habeas corpus has been referred to as the cornerstone of the common law. Indeed, it is the “Great Writ of Liberty.” Chief Justice John Marshall confirmed this singular status given to the writ of habeas corpus in 1807 when he called it the “great constitutional privilege.” This article explores the use of this most famous writ during the early nineteenth century and specifically how Joseph Smith used it against those who sought his incarceration.

Recommended Citation

Walker, Jeffrey N. (2013) "Habeas Corpus in Early Nineteenth-Century Mormonism: Joseph Smith's Legal Bulwark for Personal Freedom," BYU Studies Quarterly: Vol. 52: Iss. 1, Article 2.
Available at: https://scholarsarchive.byu.edu/byusq/vol52/iss1/2