In the meantime (November 4), General Clark arrived at Far West with 1600 men, and 500 more on the outskirts of the city. He ordered General Lucas to send to Adam-ondi-Ahman and there take all the “Mormon” men prisoners and secure their property, till the best means could be adopted for paying damages due to the mob troubles. On the 5th, Clark ordered all the men at Far West to form in line, when the names of fifty-six were called and they were made prisoners to await trial for something which was not defined. On the 6th, he again gathered the male portion of the population and read to them a written address which he had prepared.
His Harangue
Feeling safe in the presence of so many helpless men, and flanked by his troops, he made bold to impress upon the brethren the enormity of their crimes. He read to them a number of stipulations to which they must comply. The first, second and third, to the effect that they must surrender their leading men, deliver their arms, and sign over their properties to defray expenses of the “war.” This, he said, they had done. The fourth is here repeated:
“Another article yet remains for you to comply with, and that is, that you leave the state forthwith; and whatever may be your feelings concerning this, or whatever your innocence, it is nothing to me; General Lucas, who is equal in authority with me, has made this treaty with you—I approve of it—I should have done the same had I been here. I am therefore determined to see it fulfilled. 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 to its former standing among the states, by every proper means.
“The orders of the governor to me were that you should be exterminated, and not allowed to remain in the state, and had your leaders not been given up, and the terms of the treaty complied with, before this, you and your families would have been destroyed and your houses in ashes.
“There is a discretionary power vested in my hands which I shall exercise in your favor for a season; for this lenity you are indebted to my 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. If I am called here again, in case of a non-compliance of a treaty made, do not think that I shall act any more as I have done—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 once think—do not imagine for a moment—do not let it enter your mind that they will be delivered, or that you will see their faces again, for their fate is fixed—their die is cast—their doom is sealed.”
He then very graciously pleaded with them, and invoked the “Great Spirit, the unknown God,” to make them sufficiently intelligent to break the chains of superstition, that they no longer worship man, and never again organize with bishops, presidents, etc., but to become like other men.
Trial in Daviess County
About this time Governor Boggs wrote General Clark to hold a military court in Daviess County, and try those “guilty of the late outrages, committed towards the inhabitants of said county.” He was desirous of having the whole matter “settled completely, if possible” before the forces should be disbanded. “If the ‘Mormons’ are disposed,” said Boggs, “voluntarily to leave the state, of course it would be advisable in you to promote that object, in any way deemed proper. The ringleaders of this rebellion, though, ought by no means to be permitted to escape the punishment they merit.” General Robert Wilson was detailed to Daviess County to take possession of the prisoners. All the men in the town of Adam-ondi-Ahman were placed under arrest, and a court of inquiry instituted with the mobber Adam Black on the bench. Notwithstanding this, after three days of examination, Black acquitted them all. No one knew better than he of their innocence.
The Charges Against Joseph Smith and Companions
General Clark spent some time searching the laws to find some authority by which the Prophet and companions could be tried for treason by court martial. He even sent to Fort Leavenworth seeking such information, which could not be found. It caused him extreme annoyance that no law could be invoked to try private citizens by military code when there was no war. He knew some charges would have to be preferred against the accused, so he wrote the governor saying he had, on November 10, 1838, made out charges against the prisoners and had called Judge Austin A. King to try them as a committing court. He also suggested that they be tried by court martial, especially, said he, should Joseph Smith be so tried, but he could not discover authority for such procedure, and requested the opinion of the attorney general on that point. “There being no civil officers in Caldwell,” he said, “I have to use the military to get witnesses from there, which I do without reserve.” The civil officers in Caldwell, being “Mormons” had all been cast into jail, and of course were not available. He closed his epistle by saying the accused brethren were guilty of “treason, murder, arson, burglary, robbery, larceny, and perjury.” The reply he received was to turn the prisoners over to the civil law, which order hurt him very much, for he hoped to have the pleasure of attending to their execution, after a military trial. In fact, he and Lucas had on several occasions set the date of execution, but the hand of the Lord was always over the afflicted brethren.