History of the Church of Jesus Christ of Latter-day Saints, Volume 3Smith, Joseph, Jr.
History
History of the Church of Jesus Christ of Latter-day Saints, Volume 3
Smith, Joseph, Jr.
Church of Jesus Christ of Latter-day Saints; Smith, Joseph, Jr., 1805-1844
General Clark had spent his time since our arrival at Richmond in
searching the laws to find authority for trying us by court martial.
Had he not been a lawyer of eminence, I should have supposed it no very
difficult task to decide that quiet, peaceful unoffending, and private
citizens too, except as ministers of the Gospel, were not amenable to a
_military tribunal_, in a country governed by _civil laws_. But be this
as it may, General Clark wrote the governor that he had--
_General Clark's Report to Governor Boggs_.
Detained General White and his field offices here a day or two for
the purpose of holding a court martial, if necessary. I this day
made out charges against the prisoners, and called on Judge King
to try them as a committing court; and I am now busily engaged in
procuring witnesses and submitting facts. There being no civil
officers in Caldwell, {207} I have to use the military to get
witnesses from there, which I do without reserve. The most of
the prisoners here I consider guilty of _treason_; and I believe
will be convicted; and the only difficulty in law is, can they be
tried in any county but Caldwell? If not, they cannot be there
indicted, until a change of population. In the event the latter
view is taken by the civil courts, I suggest the propriety of
trying Jo Smith and those leaders taken by General Lucas, by a
court martial, for mutiny. This I am in favor of only as _dernier
resort_. I would have taken this course with Smith at any rate;
but it being doubtful whether a court martial has jurisdiction or
not in the present case--that is, whether these people are to be
treated as in time of war, and the mutineers as having mutinied
in time of war--and I would here ask you to forward to me the
attorney-general's opinion on this point. It will not do to allow
these leaders to return to their treasonable work again, on account
of their not being indicted in Caldwell. They have committed
_treason, murder, arson, burglary, robbery, larceny, and perjury_.
The three days' investigation having closed at Adam-ondi-Ahman, every
man was honorably acquitted, Adam Black being judge.
[Sidenote: Hardships Inflicted on the "Diahman" Saints.]
General Wilson then ordered every family to be out of Diahman in ten
days, with permission to go to Caldwell, and there tarry until spring,
and then leave the state under pain of extermination. The weather is
very cold, more so than usual for this season of the year.
In keeping the order of General Wilson the Saints had to leave their
crops and houses, and to live in tents and wagons, in this inclement
season of the year. As for their flocks and herds, the mob had relieved
them from the trouble of taking care of them, or from the pain of
seeing them starve to death--by stealing them.
Public-domain text, read in full here on John Shaqi.
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