Docket Entry, 1–circa 6 July 1843 [Extradition of JS for Treason]
Source Note
Docket Entry, [, Hancock Co., IL, 1–ca. 6 July 1843], Extradition of JS for Treason (Nauvoo, IL, Municipal Court 1843); Nauvoo Municipal Court Docket Book, 55–87, 116–150; handwriting of and ; CHL.
to the satisfaction of the <to his> satisfaction, he returned to , thirty miles distant taking about sixty heads of families with him, & marching them through a severe snow storm, on foot as prisoners leaving their families in a perishing condition.
Having established his head quarters at , Ray county, he sent to & demanded us to be given up to him. We were accordingly transported some thirty or forty miles, delivered over to him & put in close confinement, in chains under a strong guard. At length we obtained an interview with him & inquired why we were detained as prisoners. I said to him, Sir, we have now been prisoners under the most aggravating circumstances for two or three weeks, during which time we have received no information as to why we are prisoners or for what object as no write has been served upon us. We are not detained by the civil law & as ministers of the gospel in times of peace who never bear arms we cannot be considered prisoners of war, especially as there has been no war. And from present appearances we can hardly be considered prisoners of Hope. Why then these bonds? Said he, you were taken to be tried. Tried by what authority, said I. By court martial replied he. By court martial?, said I, Yes, said he.— How says I can men who are not military men but ministers of the gospel, be tried by court martial, in this country where every man has a right to be tried by a jury? He replied it was according to the treaty with on the part of the State of & , the commanding officer of the Fortress of the , on the part of the Mormons & in according with the ’s order. And, said he, I approve of all that has done & am determined to see it fulfilled. Said I was only but a Colonel of the militia & commissioned by the & the Mormons had no Fortress, but were, in common with others, citizens of & therefore we recognize no authority in to sell our liberties for us or make treaties for us.
Several days afterwards, again entered our prison & said he had concluded to deliver us over to the civil authorities. Accordingly we were soon brought before of the 5th Fifth circuit where an examination was commenced, & witnesses sworn at the point of the bayonet & threatened on pain of death if they did not swear to that which would suit the court. During this examination. I heard ask one of the witnesses, who was a Mormon, if he & his friends intended to live any longer on their lands then April & to plant crops? Witness replied, why not? The replied, if you once think to plant crops or to occupy your lands any longer than the first of April, the citizens will be against upon you; they [p. 85]