| 262 the treaty that you have entered into, the leading items of which I shall now lay before you. The first requires that your leading men be given up to be tried according to law; this you have complied with. The second is, that you deliver up your arms; this has also been attended to. The third stipulation is, that you sign over your properties to defray the expenses that have been incurred on your account; this you have also done. Another article yet remains for you to comply with,-and that is, that you leave the State forth-with. And whatever may be your feelings concerning this, or whatever your innocence is, is nothing to me. General Lucas (whose military rank is equal with mine,) has made this treaty with you; I approve of it. I should have done the same had I been here, and am therefore determined to see it executed. The character of this State has suffered almost beyond redemption, from the character, conduct and influence that you have exerted; and we deem it an act of justice to restore her character by every proper means.-The order of the Governor to me was, that you should be exterminated, and not allowed to remain in the State. And had not your leaders been given up, and the terms of the treaty complied with before this time, your families would have been destroyed, and your houses in ashes. There is a discretionary power vested in my hands, which, considering your circumstances, I shall exercise for a season. You are indebted to me for this clemency. I do not say that you shall go now, but you must not think of staying here another season, or of putting in crops, for the moment you do this the citizens will be upon you; and if I am called here again in case of non-compliance with the treaty made, do not think that I shall act as I have done now. You need not expect any mercy, but extermination, for I am determined the Governor's order shall be executed. As for your Leaders, do not think, do not imagine for a moment, do not let it enter into your minds that they will be delivered and restored to you again, for their fate is fixed, the die is cast, their doom is sealed. I am sorry, Gentlemen, to see so many apparently intelligent men found in the situation that you are; and Oh! if I could invoke that Great Spirit of the unknown God to rest upon and deliver you from that awful chain of superstition, and liberate you from those fetters of fanaticism with which you are bound-that you no longer do homage to a man. I would advise you to scatter abroad, and never again organize yourselves with Bishops, Priests, &c., lest you excite the jealousies of the people and subject yourselves to the same calamities that have now come upon you. You have always been the aggressors-you have brought upon yourselves these difficulties, by being disaffected, and not being subject to rule. And my advice is, that you become as other citizens, unless by a recurrence of these events you bring upon yourselves irretrievable ruin."
When asked by the Court if it was correct? and after reading it, he replied-
Yes, as far as it goes -for, continued he, I was present when that speech was delivered, and when fifty-seven of our brethren were betrayed into the hands of our enemies as prisoners, which was done at the instigation of our open and avowed enemies: such as William McClellan and others, and the treachery of Colonel Hinkle. In addition to the speech referred to, General Clark said that, we must not be seen as many as five together. If you are, said he, the citizens will be upon you, and destroy you; but to flee immediately out of the State. There was no alternative for them but to flee: that they need no expect any redress, for there was none for them. With respect to the treaty, the witness further says, that there never was any treaty proposed or entered into on the part of the Mormons, or even thought of. As to the leaders being given up, there was no such contract entered into or thought of by the Mormons, or any one called a Mormon, except by Colonel Hinkle. And with respect to the trial of the prisoners at Richmond: I do not consider that tribunal a legal court, but an inquisition-for the following reasons: That Mr. Smith was not allowed any evidence whatever on his part, for the conduct of the court, as well as the judge's own words affirmed, that there was no law for Mormons in the State of Missouri. And he also knew that when Mr. Smith left the State of Missouri, he did not flee from justice, for the plain reason that the officers and the people manifested by their works and their words, that there was no law, nor justice for the people called Mormons. And further he knows that Mr. Smith has ever been a strong advocate for the laws and constitutions of his country-and that there was no act of his life while in the State of Missouri, according to his knowledge, that could be implied or construed in any way whatever, to prove him a fujitive [fugitive] from justice; or that he has been guilty of "murder, treason, arson, larceny, theft, and stealing," the crimes he was charged with by General Clark, when he delivered him over to the civil authorities; and he supposes that the learned general did not know but there was a difference between "larceny, theft, and stealing."
The witness also says that they compelled the brethren to give away their property by executing
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