Brigham Young, Testimony, 1 July 1843 [Extradition of JS for Treason]

  • Source Note
  • Historical Introduction
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no alternative for them but to flee, that they need not expect any redress for there was none for them.” With respect to the treaty the further says that there never was any treaty proposed or entered into by or 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 — And with respect to the trial of the prisoners at , 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, and <​for​> the conduct of the <​Court​> <​as well as his words affirmed the ’s own​> judge upon that occasion would have disgraced the spanish inquisition for he positively declared <​words affirmed​> “that there was no law for mormons in the state of .” And I do know <​he also knew​> that when Mr. Smith left the State of he did not flee from <​the​> justice for the plain reason that the officers & the people showed did manifest<​ed​> by their works & 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 & constitutions of his — and that there was no act of his life while in the state of , according to his knowledge, that could be implied or construed in any way whatever to prove him a fugitive from justice— or that he is <​has​> <​been​> guilty of “murder, treason, , , theft, and stealing”. as <​the crimes he was charged with by when he delivered him over to the civil authorities and​> he supposes, that the learned did not know but there was a difference between “larceny, theft & stealing.” He <​The​> also says that they compelled the brethren to sign away their property by executing a Deed of Trust at the point of the bayonet— & that Judge Cameron stood & saw the Mormons sign away their property— & then he and others would run & kick up their heels— and said they were glad of it, <​&​> “we have nothing to trouble us now” [p. [3]]
no alternative for them but to flee, that they need not expect any redress for there was none for them.” With respect to the treaty the 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 — And with respect to the trial of the prisoners at , 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 ’s own words affirmed “that there was no law for mormons in the state of .” And he also knew that when Mr. Smith left the State of he did not flee from justice for the plain reason that the officers & the people manifested by their works & 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 & constitutions of his — and that there was no act of his life while in the state of , according to his knowledge, that could be implied or construed in any way whatever to prove him a fugitive from justice— or that he has been guilty of “murder, treason, , , theft, and stealing”. the crimes he was charged with by when he delivered him over to the civil authorities and he supposes, that the learned did not know but there was a difference between “larceny, theft & stealing.” The also says that they compelled the brethren to sign away their property by executing a Deed of Trust at the point of the bayonet— & that Judge Cameron stood & saw the Mormons sign away their property— & then he and others would run & kick up their heels— and said they were glad of it, & “we have nothing to trouble us now” [p. [3]]
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