Meeting of the Prophet and Gen. Clark.
Some time through the course of that day General Clark came in, and we were introduced to him. We inquired of him the reason why we had been thus carried from our homes, and what were the charges against us. He said that he was not then able to determine, but would be in a short time; and with very little more conversation withdrew.
Some short time after he had withdrawn Colonel Price came in with two chains in his hands, and a number of padlocks. The two chains he fastened together. He had with him ten men, armed, who stood at the time of these operations with a thumb upon the cock of their guns. They first nailed down the windows, then came and ordered a man by the name of John Fulkerson, whom he had with him, to chain us together with chains and padlocks, being seven in number. After that he searched us, examining our pockets to see if we had any arms. He found nothing but pocket knives, but these he took away with him.
Saturday, November 10.—The following is a true specimen of Missouri liberty.
Form of Permit.
I permit David Holman to remove from Daviess to Caldwell county, there to remain during the winter, or to pass out of the state.
R. Wilson, Brigadier-General.
By F. G. Cocknu, Aid.
November 10, 1838.
General Clark Desires to Try the Prophet by Court Martial.
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, 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.