Chapter XXXV (1)

Important Correspondence on Jackson County Affairs, Chiefly between Leading Officials of the Church in Zion and State Officials of Missouri. [1]

Algernon Sidney Gilbert's Letter to Governor Dunklin.

Liberty, Clay County, Mo.,

January 9, 1834.

_Dear Sir_:--Since my communication of the 29th of November, and a
petition dated 6th of December last, to which my name was attached,
I am induced to trespass again upon your patience, with further
particulars in relation to the unfortunate faction in Jackson
county, on which subject I should be silent, were it not that I
entertain a hope of suggesting some ideas that may ultimately prove
useful in ameliorating the present suffering conditions of my
brethren, and in some degree restoring peace to both parties.

Being particularly acquainted with the situation of both parties
at this day, my desire is to write impartially; notwithstanding
I feel very sensibly the deep wound that has been inflicted upon
the Church of which I am a member, by the citizens of Jackson
county. The petition to your Excellency, dated the 6th of December
last, was drawn up hastily by Mr. Phelps, and signed by several
of us, just before the closing of the mail; and there is one item
in particular in said petition, that needs some explanation; the
request that "our men may be organized into companies of Jackson
Guards, and furnished with arms by the state," was made at the
instance of disinterested advisers; and also a communication from
the Attorney General to Messrs. Doniphan and Atchison, dated the
21st of November last, gives his views as to the propriety of
organizing into regular companies, etc. The necessity of being
compelled to resort to arms, to regain our possessions in Jackson
county, is by no means agreeable to the feelings of the Church and
would never be thought of but from pure necessity.

In relation to a court of inquiry, serious difficulties continue
to exist, well calculated to preclude the most important testimony
of our Church; {473} and there appears to be no evil which man is
capable of inflicting upon his fellow-man, but what our people are
threatened with at this day by the citizens of Jackson county. This
intimidates a great many, particularly women and children, and
no military guard would diminish their fears so far as to induce
them to attend the court in that county. This, with other serious
difficulties, will give a decided advantage to the offenders, in a
court of inquiry, while they triumph in power, numbers, etc.

The citizens of Jackson county are well aware that they have this
advantage, and the leaders of the faction, if they must submit to
such a court, would gladly hasten it. The Church are anxious for a
thorough investigation into the whole affair, if their testimony
can be taken without so great peril as they have reason to fear.
It is my opinion, from present appearances, that not one-fourth
of the witnesses of our people can be prevailed upon to go into
Jackson county to testify. The influence of the party that compose
that faction is considerable, and this influence operates in some
degree upon the drafted militia, so far as to lessen confidence in
the loyalty of that body; and I am satisfied that the influence of
the Jackson county faction will not be entirely put down while they
have advocates among certain religious sects.

Knowing that your Excellency must be aware of the unequal contest
in which we are engaged, and that the little handful that compose
our Church are not the only sufferers that feel the oppressive
hand of priestly power; with these difficulties existing, and many
others not enumerated, it would be my wish to adopt such measures
as are best calculated to allay the rage of Jackson county, and
restore the injured to their rightful possessions; and to this
end, I would suggest the propriety of purchasing the possessions
of the most violent leaders of the faction; and if they assent
to this proposition, if the holdings of about twenty of the most
influential in that county (which would embrace the very leaders of
the faction), could be obtained, I think the majority would cease
in their persecutions, at least, when a due exercise of executive
counsel and authority was manifested. I suggest this measure
because it is of a pacific nature, well knowing that no legal steps
are calculated to subdue their obduracy, only when pushed with
energy by the highest authorities of the state.

In this proposal, I believe that I should have the concurrence
of my brethren. I therefore give this early intimation of an
intention, on the part of some of the leading men in the Church,
to purchase out some of the principal leaders of the faction, if
funds sufficient can be raised; hoping thereby to regain peaceful
possession of their homes; and in making a trial of this measure
at a future day, we would deem it important, and of great utility,
if we could avail ourselves of counsel and directions {474} from
your Excellency, believing there will be a day, in negotiations for
peace, in which an executive interposition would produce a salutary
effect upon both parties.

In this communication, with honesty of heart, I have endeavored
briefly to touch upon a few interesting points, in plain truth,
believing that I have given no wrong bias on either side, and with
earnest prayers to our great Benefactor, that the chief ruler of
this state may come to a full knowledge of the gross outrages in
Jackson county, I subscribe myself,

Your obedient servant,

Algernon S. Gilbert.

_To his Excellency, Daniel Dunklin, Jefferson City, Missouri_.

Letter of the First Presidency to the Scattered Saints.

_Greeting_:

We, your companions in tribulation, embrace the present opportunity
of sending you this token of our love and good will, assuring you
that our bowels are filled with compassion, and that our prayers
are daily ascending to God in the name of Jesus Christ, in your
behalf.

We have just received intelligence from you, through the medium of
Brother Elliot, of Chagrin, making inquiries concerning the course
which you are to pursue. In addition to the knowledge contained in
the above on this subject, we say, if it is not the duty of the
Governor to call out and keep a standing force in Jackson county
to protect you on your lands (which it appears must be done, as we
understand the mob are determined to massacre you, if the Governor
take you back upon your lands, and leave you unprotected), it will
become your duty to petition the Governor to petition the President
to send a force there to protect you, when you are reinstated.

The Governor proposes to take you back to your lands whenever you
are ready to go (if we understand correctly); but cannot keep up
an army to guard you; and while the hostile feelings of the people
of Jackson county remain unabated, probably you dare not go back
to be left unguarded. Therefore, in your petition to the Governor,
set all these things forth in their proper light, and pray him to
notify the President, of your situation; and also petition the
President yourselves, according to the direction of the Lord. We
have petitioned Governor Dunklin in your behalf, and enclosed in it
a printed revelation, the same as this which we now send you. The
petition was signed by something like sixty brethren, and mailed
for Jefferson city, one week ago: and he will probably receive it
two weeks before you receive this.

We also intend to send a petition and this revelation to the
President forthwith, in your behalf, and then we will act the part
of the poor widow to perfection, if possible, and let our rulers
read their destiny {475} if they do not lend a helping hand. We
exhort you to prosecute and try every lawful means to bring the
mob to justice as fast as circumstances will permit. With regard
to your tarrying in Clay county, we cannot advise, you must be
governed by circumstances; perhaps you will have to hire out, and
take farms to cultivate, to obtain bread until the Lord delivers
you.

We sent you a fifty dollar United States note some time ago; if you
have received it, please acknowledge the receipt of it to us, that
we may be satisfied you received it. We shall do all that is in our
power to assist you in every way we can. We know your situation is
a trying one, but be patient, and murmur not against the Lord, and
you shall see that all these things shall turn to your greatest
good.

Inquire of Elder Marsh, and find out the entire secret of mixing
and compounding lead and antimony, so as to make type metal, and
write us concerning it. Joseph has sent you another fifty dollar
note, making in all one hundred dollars; write us concerning
it. There is a prospect of the eastern churches doing something
handsome towards the deliverance of Zion, in the course of a year,
if Zion is not delivered otherwise.

Though the Lord said this affliction came upon you because of your
sins, polluting your inheritances, etc., yet there is an exception
of some, namely, the heads of Zion; for the Lord said, Your
brethren in Zion begin to repent, and the angels rejoice over them.
You will also see an exception at the top of the second column of
this revelation; therefore, this affliction came upon the Church to
chasten those in transgression, and prepare the hearts of those who
had repented, for an endowment from the Lord.

We shall not be able to send you any more money at present, unless
the Lord puts it into our hands unexpectedly. There is not quite
so much danger of a mob upon us as there has been. The hand of
the Lord has thus far been stretched out to protect us. Doctor
Philastus Hurlburt, an apostate Elder from this Church, has been
to the state of New York, and gathered up all the ridiculous
stories that could be invented, and some affidavits respecting
the character of Joseph and the Smith family; and exhibited them
to numerous congregations in Chagrin, Kirtland, Mentor, and
Painsville; and he has fired the minds of the people with much
indignation against Joseph and the Church.

Hurlburt also made many harsh threats, that he would take the life
of Joseph, if he could not destroy "Mormonism" without. Brother
Joseph took him with a peace warrant, and after three days' trial,
and investigating the merits of our religion, in the town of
Painsville, by able attorneys on both sides, he was bound over to
the county court. Thus his influence was pretty much destroyed, and
since the trial, the {476} spirit of hostility seems to be broken
down in a good degree; but how long it will continue so, we cannot
say.

You purchased your inheritances with money, therefore, behold you
are blessed: you have not purchased your lands by the shedding
of blood, consequently you do not come under the censure of this
commandment which says, "If by blood, lo your enemies are upon
you, and ye shall be driven from city to city;" give yourselves no
uneasiness on this account.

Farewell, in the bonds of the new covenant, and partakers in
tribulation.

(Signed) Orson Hyde,

Clerk of the Presidency of the Church.

Governor Dunklin to the Brethren in Missouri.

City of Jefferson,

February 4, 1834.

_Gentlemen_:--Your communication of the 6th December, was regularly
received, and duly considered; and had I not expected to have
received the evidence brought out on the inquiry ordered into
the military conduct of Colonel Pitcher, in a short time after I
received your petition, I should have replied to it long since.

Last evening I was informed that the further inquiry of the court
was postponed until the 20th inst. Then, before I could hear
anything from this court, the court of civil jurisdiction will
hold its session in Jackson county; consequently, I cannot receive
anything from one, preparatory to arrangements for the other.

I am very sensible indeed of the injuries your people complain
of, and should consider myself very remiss in the discharge of my
duties were I not to do everything in my power consistent with
the legal exercise of them, to afford your society the redress to
which they seem entitled. One of your requests needs no evidence to
support the right to have it granted; it is that your people be put
in possession of their homes, from which they have been expelled.
But what may be the duty of the Executive after that, will depend
upon contingencies.

If, upon inquiry, it is found that your people were wrongfully
dispossessed of their arms by Colonel Pitcher, then an order will
be issued to have them returned; and should your men organize
according to law--which they have a right to do, indeed it is their
duty to do so, unless exempted by religious scruples--and apply
for public arms, the Executive could not distinguish between their
right to have them, and the right of every other description of
people similarly situated.

As to the request for keeping up a military force to protect
your people, and prevent the commission of crimes and injuries,
were I to {477} comply, it would transcend the powers with which
the Executive of this state is clothed. The Federal Constitution
has given to Congress the power to provide for calling forth the
militia to execute the laws of the Union, suppress insurrection,
or repel invasion; and for these purposes, the President of the
United States is authorized to make the call upon the executive
of the respective states; and the laws of this state empower the
"commander-in-chief, in case of actual or threatened invasion,
insurrection or war, or public danger, or other emergency, to call
forth into actual service, such portion of the militia as he may
deem expedient." These, together with the general provision of our
state constitution that "the Governor shall take care that the laws
are faithfully executed," are all upon this branch of executive
powers. None of these, as I consider, embraces this part of your
request. The words, "or other emergency," in our militia law, seem
quite broad; but the emergency to come within the object of that
provision, should be of a public nature. [2]

Your case is certainly a very emergent one, and the consequences as
important to _your society_, as if the war had been waged against
the whole state, yet, the _public_ has no other interest in it,
than that the laws be faithfully executed; thus far I presume
the whole community feel a deep interest; for that which is the
case of the "_Mormons_" today, may be the case of the _Catholics_
tomorrow, and after them, any other sect that may become obnoxious
to a majority of the people of any section of the state. So far as
a faithful execution of the laws is concerned, the Executive is
disposed to do everything consistent with the means furnished him
by the legislature, and I think I may safely say the same of the
judiciary.

As now advised, I am of the opinion that a military guard will
be necessary to protect the state witnesses and officers of the
court, and to assist in the execution of its orders, while sitting
in Jackson county. By this mail I write to Mr. Reese, enclosing
him an order on the captain of the "Liberty Blues," requiring the
captain to comply with the requisition of the circuit attorney,
in protecting the court and officers, {478} and executing their
precepts and orders during the progress of these trials. Under the
protection of this guard, your people can, if they think proper,
return to their homes in Jackson county, and be protected in them
during the progress of the trial in question, by which time, facts
will be developed upon which I can act more definitely. [3] The
Attorney-General will be required to assist the Circuit Attorney,
if the latter deem necessary.

On the subject of civil injuries, I must refer you to the courts;
such questions rest with them exclusively. The laws are sufficient
to afford a remedy for every injury of this kind; and, whenever you
make out a case entitling you to damages, there can be no doubt
entertained of their ample award. Justice is sometimes slow in its
progress, but is not less sure on that account.

Very respectfully, your obedient servant,

(Signed) Daniel Dunklin.

_To Messrs. W. W. Phelps, Isaac Morley, John Whitmer, Edward
Partridge, John Corrill and A. S. Gilbert_.

Letter of Algernon S. Gilbert to A. Leonard, Esq., Attorney.

Liberty, Clay County, Missouri,

February 13, 1834.

_A. Leonard, Esq_.:

Dear Sir:--I have received a line from William Pratt, who called on
you a few weeks since, to inquire if your services could be secured
in the prosecution of claims for damages by our Church against the
citizens of Jackson county; and by his letter it appears that you
are willing to engage in our case. So far as I have conversed with
the principal leaders of our Church, they are desirous to secure
your services, which also meets the approbation of our counsel in
this county, viz., Messrs. Reese, Doniphan, Atchison, and Wood.

I write this a few moments before closing the mail, and have not
time to state particulars, as to the extent of the suits, but
believe that four or five suits have been brought by Phelps & Co.,
for the destruction of the printing office, etc., etc., and by
Partridge and others for personal abuse. I understand that at the
next Monday term of the circuit court, petition will be made for
a change of venue in Jackson county, and I suppose no case can be
tried before next June {479} or October term. If it is expedient,
some one of our people will call on you in a few days, and during
the interim, wish you to drop me a line if convenient.

We have this day received a communication of the 4th instant, from
the Governor, in which he states, that he is of opinion that a
military guard will be necessary, to protect the state witnesses
and officers of the court, and to assist in the execution of its
orders, while sitting in Jackson county.

By this mail I write to Mr. Reese, enclosing him an order on the
captain of the "Liberty Blues," requiring the captain to comply
with the requisition of the circuit attorney, in protecting the
court and officers, and executing their precepts and orders during
the progress of these trials.

The foregoing relates to a court of inquiry into criminal matters,
to be held in Jackson county, next Monday week.

Very respectfully, your obedient servant,

Algernon S. Gilbert.

The Brethren in Clay County, Missouri, to Judge Ryland.

Liberty, February 19, 1834.

_To the Hon. John F. Ryland, Judge of the Fifth Circuit Court,
Missouri_:

Sir:--Learning that a court of inquiry is to be held in Jackson
county, at the next regular term of the circuit court for that
county, or that some kind of legal proceeding is to be commenced
for the purpose of obtaining the facts, as far as can be, or
bringing to punishment the guilty in that county,--We, therefore,
pray your honor to avail yourself of every means in your power
to execute the law and make it honorable; and believing that the
testimony of some of the members of our Church will be important,
and deeming it unsafe to risk our persons in that county without
a guard, we request that the order from the Executive, already
transmitted, may be put in force.

Respectfully, etc.,

Edward Partridge,

A. S. Gilbert,

W. W. Phelps,

John Corrill,

John Whitmer.

Another request similar to the above was sent, same date, to Amos Reese, Circuit Attorney.

Letter of W. W. Phelps _et al_. to Judge Woodward.

Liberty, February 19, 1834.

_George Woodward, Judge Advocate, in the case of the State of
Missouri, versus Colonel Thomas Pitcher_:

Sir:--The undersigned request of you, if it be consistent with
{480} custom and law, an official copy of the proceedings recorded
by you, in the above stated case, for the purpose of preservation,
as an important link in the history of our unfortunate society.

Respectfully,

W. W. Phelps,

Edward Partridge,

Algernon S. Gilbert.

Affidavit of Abigail Leonard.

I, Abigail Leonard, depose and say, that on the night of the 20th
of February, 1834, in the county of Jackson and State of Missouri,
a company of men, about fifty or sixty in number, armed with whips
and guns, came to the house of my husband: among them were John
Young, Mr. Yocum, Mr. Cantrell, Mr. Patterson and Mr. Noland.
Five of the number entered the house; among them was John Young.
They ordered my husband to leave the house, threatening to shoot
him if he did not. He not complying with their desires, one of
the five took a chair and struck him upon the head, knocking him
down, and then dragging him out of the house; I, in the meantime,
begging of them to spare his life, when one of the number called
to the others, telling them to take me into the house, for I would
"_overpower every devil of them_." Three of the company then
approached me, and, presenting their guns, declared with an oath,
if I did not go in, they would blow me through. While this was
happening Mr. Patterson jumped upon my husband with his heels;
my husband then got up, they stripped all his clothes from him
excepting his pantaloons, then five or six attacked him with whips
and gun sticks, and whipped him till he could not stand, and he
fell to the ground. I then went to them, and took their whips from
them; I then called to Mr. Bruce, who lived in the same house with
us, to come out and help me carry my husband into the house. When
carried in he was very much lacerated and bruised, and unable to
lie upon a bed, and also unable to work for a number of months.
Also, at the same time and place, Mr. Josiah Sumner was taken from
the house, and came in very bloody and bruised from whipping.

(Signed) Abigail Leonard.

The following letter from W. W. Phelps reached the hand of the Prophet at Kirtland at a time when he had received some eastern papers deploring the success attending upon the preaching of "Mormonism" in the East. The Prophet introduces the letter of Elder Phelps in his history in the following language: "Thus, while the press was mourning the prosperity of the work, and the {481} Saints were rejoicing in the East, troubles changed and multiplied in the West, as may be seen by the following letter:"

Letter of Wm. W. Phelps to the Brethren in Kirtland, Detailing the
Farcical Effort of the Officers of Missouri to Enforce the Law.

Clay County, Missouri, Feb. 27, 1834.

_Dear Brethren_--The times are so big with events, and the anxiety
of everybody so great to watch them, that I feel somewhat impressed
to write oftener than I have done, in order to give you more of
the "strange acts" of this region. I have just returned from
Independence, the seat of war in the West. About a dozen of our
brethren, among whom were Bishop Partridge, Elder Corrill and
myself, were subpoenaed in behalf of the state; and on the 23rd of
February, about 12 o'clock, we were on the bank opposite Everett's
Ferry, where we found Captain Atchison's company of "Liberty
Blues"--nearly fifty rank and file--ready to guard us into Jackson
county. The soldiers were well armed with United States muskets,
bayonets fixed, etc., and to me the scene was "passing strange,"
and long to be remembered; the martial law in force to guard the
civil! About twenty-five men crossed over to effect a landing
in safety, and when they came near the warehouse they fired six
or eight guns, though the enemy had not gathered to witness the
landing.

After we were all across, and waiting for the baggage wagon, it was
thought most advisable to encamp in the woods, and the witnesses,
with half the company, marched nearly a mile towards Independence,
to build night fires, as we were without tents, and the weather
cold enough to snow a little. While on the way, the quartermaster
and others, that had gone on ahead to prepare quarters in town,
sent an express back, which was not of the most pacific appearance.
Captain Atchison continued the express to Colonel Allen for the two
hundred drafted militia, and also to Liberty for more ammunition;
and the night passed off in warlike style, with the sentinels
marching silently at a proper distance from the watch fires.

Early in the morning we marched, strongly guarded by the troops,
to the seat of war, and quartered in the blockhouse, formerly the
tavern stand of S. Flournoy; after breakfast we were visited by the
District Attorney, Mr. Reese, and the Attorney-General, Mr. Wells.
From them we learned that all hopes of criminal prosecutions were
at an end. Mr. Wells had been sent by the governor to investigate,
as far as possible, the Jackson outrage; but the bold front of
the mob; bound even unto death (as I have heard), was not to be
penetrated by civil law, or awed by executive influence. Shortly
after, Captain {482} Atchison informed me that he had just received
an order from the judge that his company's service was no longer
wanted in Jackson county; and we were marched out of town to the
tune of Yankee Doodle, in quick time, and soon returned to our camp
without the loss of any lives. This order was issued by the court,
apparently, on account of the speedy gathering of the old mob, or
citizens of Jackson county, and their assuming such a boisterous
and mobocratic appearance. Much credit is due to Captain Atchison
for his gallantry and hospitality, and I think I can say of the
officers and company, that their conduct as soldiers and men, is
highly reputable; so much the more so, knowing as I do, the fatal
results of the trial had the militia come or not come. I can add
that the Captain's safe return refreshed my mind with Xenophon's
safe retreat of the Ten Thousand! Thus ends all hope of "redress,"
even with a guard ordered by the Governor for the protection of the
court and witnesses. [4]

Before a crop is harvested it becomes ripe of itself. The dreadful
deeds now done in Jackson county, with impunity, must bring matters
to a focus shortly. Within two or three weeks past some of the most
savage acts ever witnessed have been committed by these bitter
branches. Old Father Lindsey, whose locks have been whitened by
the blasts of nearly seventy winters, had his house thrown down,
after he was driven from it; his goods, corn, etc., piled together
and fire put to it, but fortunately after the mob retired, his son
extinguished it.

The mob has quit whipping and now beats with clubs. Lyman Leonord,
one of the number that returned from Van Buren county had two
chairs broken to splinters upon him, and was then dragged out of
doors and beat with clubs till he was supposed to be dead, but he
is {483} yet alive. Josiah Sumner and Barnet Cole were severely
beaten at the same time. The mob have commenced burning houses,
stacks, etc.; and we shall not think it out of their power, by any
means, to proceed to murder any of our people that shall try to
live in that county, or perhaps, only go there.

Such scenes as are happening around us are calculated to arouse
feelings and passions in all, and to strengthen the faith and
fortify the hearts of the Saints for great things. Our Savior laid
down His life for our sakes, and shall we, who profess to live by
every word that proceeds out of the mouth of God--shall we, the
servants of the Lord of the vineyard, who are called and chosen
to prune it for the last time--shall we, yea, verily we, who are
enlightened by the wisdom of heaven--shall we fear to do at least
this much for Jesus who has done so much for us? No; we will obey
the voice of the Spirit, that God may overcome the world.

I am a servant, etc.,

W. W. Phelps.

Second Petition to the President of the United States.

Liberty, Clay County, Missouri, April 10, 1834.

_To the President of the United States of America_:

We, the undersigned, your petitioners, citizens of the United
States of America, and residents of the county of Clay, in
the state of Missouri, being members of the Church of Christ,
reproachfully called "Mormons," beg leave to refer the President to
our former petition, dated in October last; and also to lay before
him the accompanying hand-bill, dated December 12th, 1833, with
assurances that the said hand-bill exhibits but a faint sketch of
the sufferings of your petitioners and their brethren, up to the
period of its publication.

The said hand-bill shows, that at the time of dispersion a number
of our families fled into the new and unsettled county of Van
Buren; but being unable to procure provisions in that county
through the winter, many of them were compelled to return to their
homes in Jackson county or perish of hunger. But they had no
sooner set foot upon that soil--which a few months before they had
purchased of the United States--than they were again met by the
citizens of Jackson county, and a renewal of savage barbarities was
inflicted upon these families by beating with clubs and sticks,
presenting knives and fire arms, and threatenings of death if
they did not flee from the county. These inhuman assaults upon a
number of these families were repeated at two or three different
times through the past winter, till they were compelled at last to
abandon their possessions in Jackson county, and flee with their
wounded bodies into this county, here to mingle their tears {484}
and unite their supplications, with hundreds of their brethren, to
our Heavenly Father and the chief ruler of our nation.

Between one and two thousand of the people called "Mormons" have
been driven by force of arms from the county of Jackson in this
state since the first of November last, being compelled to leave
their highly cultivated fields--the greater part of their lands
having been bought of the United States--and all this on account
of our belief in direct revelation from God to the children of
men according to the Holy Scriptures. We know that such illegal
violence has not been inflicted upon any sect or community of
people by the citizens of the United States since the Declaration
of Independence.

That this is a religious persecution is notorious throughout our
country; for while the officers of the county, both civil and
military, were accomplices in these unparalleled outrages, engaged
in the destruction of the printing office, dwelling houses, etc.,
yet the records of the judicial tribunals of that county are not
stained by any record of crime committed by our people. Our numbers
being greatly inferior to the enemy were unable to stand in self
defense; and our lives, at this day, are continually threatened by
that infuriated people, so that our personal safety forbids one of
our number going into that county on business.

We beg leave to state that no impartial investigation into this
criminal matter can be made, because the offenders must be tried
in the county where the offense was committed, and the inhabitants
of the county, both magistrates and people, with the exception of
a few, being combined, justice cannot be expected. At this day
your petitioners do not know of a solitary family belonging to our
Church in Jackson county but what has been violently expelled from
that county by the inhabitants thereof.

Your petitioners have not gone into detail with an account of their
individual sufferings from death, and bruised bodies, and the
universal distress which prevails at this day, in a greater or less
degree throughout our community. Not only have those sacred rights
guaranteed to every religious sect been publicly invaded in open
hostility to the spirit and genius of our free government; but such
of their houses as have not been burnt, and their lands and most of
the products of the labor of their hands for the last year, have
been wrested from them by a band of outlaws congregated in Jackson
county, on the western frontiers of the United States, and this
within about thirty miles of the United States military post at
Fort Leavenworth, on the Missouri river.

Your petitioners say that they do not enter into a minute detail
of their sufferings in this petition lest they should weary the
patience of their venerable chief, whose arduous duties they
know are great, and daily accumulating. We only hope to show him
that this is an {485} unprecedented emergency in the history of
our country, that the magistracy thereof is set at defiance,
and justice checked in open violation of its laws; and that we,
your petitioners, who are almost wholly native born citizens of
these United States, of whom we purchased our lands in Jackson
county, Missouri, with intent to cultivate the same as peaceable
citizens, are now forced from them, and are now dwelling in the
counties of Clay, Ray and Lafayette, in the state of Missouri,
without permanent homes, and suffering all the privations which
must necessarily result from such inhuman treatment. Under these
sufferings your petitioners petitioned the governor of this state
in December last, in answer to which they received the following
letter: [5]

* * * * * * * * *

By the foregoing letter from the Governor, the President will
perceive a disposition manifested by him to enforce the laws as far
as means have been furnished him by the legislature of this state.
But the powers vested in the executive of this state appear to be
inadequate for relieving the distresses of your petitioners in
their present emergency. He is willing to send a guard to conduct
our families back to their possessions, but is not authorized to
direct a military force to be stationed any length of time for
the protection of your petitioners. This step would be laying the
foundation for a more fatal tragedy than the first, as our numbers
at present are too small to contend single handed with the mob of
said county; and as the Federal Constitution has given to Congress
the power to provide for calling forth the militia to execute the
laws of the Union, suppress insurrections, or repel invasions: and
for these purposes the President of the United States is authorized
to make the call upon the executive of the respective states;
therefore, we, your petitioners, in behalf of our society, which
is so scattered and suffering, most humbly pray that we may be
restored to our lands, houses, and property in Jackson county, and
protected in them by an armed force, till peace can be restored.
And as in duty bound, will ever pray.

Here followed one hundred and fourteen signatures, among whom were: Edward Partridge, John Corrill, John Whitmer, Isaac Morley, A. S. Gilbert, W. W. Phelps, etc., etc.

Letter of Algernon S. Gilbert _et al_. to the President
Accompanying Foregoing Petition.

Liberty, Clay County, Missouri, April 10, 1834.

_To the President of the United States_:

We, the undersigned, some of the leading members of the Church
of {486} Christ, whose names are subscribed to the accompanying
petition, beg leave to refer the President to the petition and
hand-bill herewith. We are not insensible to the multiplicity
of business and numerous petitions, by which the cares and
perplexities of our chief ruler are daily increased; and it is with
diffidence that we venture to lay before the executive, at this
emergent period, these two documents, wherein is briefly portrayed
the most unparalleled persecution and flagrant outrage of law that
has disgraced the country since the adoption of the Declaration of
Independence, but knowing the independent fortitude, and vigorous
energy for preserving the rights of the citizens of this republic,
which has hitherto marked the course of our chief magistrate, we
are encouraged to hope, that this communication will not pass
unnoticed, but that the President will consider our location on
the extreme western frontier of the United States, exposed to many
ignorant and lawless ruffians, who are already congregated, and
determined to nullify all law that will secure to your petitioners
the peaceable possession of their lands in Jackson county. We again
repeat, that our society are wandering in adjoining counties at
this day, bereft of their houses and lands, and threatened with
death by the aforesaid outlaws of Jackson county.

And lest the President should have been deceived in regard to our
true situation, by the misrepresentations of certain individuals,
who from religious, political, and speculative motives, are
disposed to cover the gross outrages of the mob, we beg leave to
refer him to the Governor of this state, at the same time informing
him that the number of men composing the mob of Jackson county, may
be estimated at from three to five hundred, most of them equipped
with fire-arms.

After noting the statements here made, if it should be the
disposition of the President to grant aid, we most humbly entreat
that _early_ relief may be extended to suffering families, who
are now expelled from their possessions by force of arms. Our
lands in Jackson county, are about thirty miles distant from Fort
Leavenworth, on the Missouri river.

With due respect, we are, sir, your obedient servants,

A. S. Gilbert,

W. W. Phelps,

Edward Partridge.

P. S.--In February last a number of our people were marched under
a guard furnished by the governor of the state, into Jackson
county, for the purpose of prosecuting the mob criminally; but the
Attorney-General of the state, and the District Attorney, knowing
the force and power of the mob, advised us to relinquish all hope
of criminal prosecution to effect anything against that band of
outlaws, and we returned under guard, without the least prospect of
ever obtaining our rights and possessions in Jackson county, by any
other means than a few {487} companies of the United States regular
troops, to guard and assist us till we are safely settled.

A. S. G.

W. W. P.

E. P.

The foregoing letter and petition were forwarded by mail the same day, April 10th; also the following:

Letter of the Brethren to Governor Dunklin, Asking Him to Write the
President in Connection with Their Petition.

Liberty, Clay County Missouri,

April 10, 1834.

_To His Excellency, Daniel Dunklin, Governor of Missouri_:

Dear Sir:--Notwithstanding you may have become somewhat tired of
receiving communications from us, yet we beg of your Excellency to
pardon us for this, as we have this day forwarded a petition to
the President of the United States, setting forth our distressed
condition, together with your Excellency's views of it, as well
as the limited powers with which you are clothed, to afford that
protection which we need, to enjoy our rights and lands in Jackson
county. A few lines from the Governor of the state, in connection
with our humble entreaties for our possessions and privileges, we
think would be of considerable consequence towards bringing about
the desired result, and would be gratefully acknowledged by us, and
our society, and we may add, by all honorable men.

We therefore, as humble petitioners, ask as a favor of your
Excellency to write to the President of the United States, that he
may assist us, or our society, in obtaining our rights in Jackson
county, and help protect us when there, till we are safe. As in
duty bound, we will ever pray.

(Signed)

W. W. Phelps,

John Whitmer,

A. S. Gilbert,

Edward Partridge,

John Corrill.

Letter of W. W. Phelps to U.S. Senator Benton of Missouri on the
Subject of the Petition to the President.

Liberty, Clay County, Missouri.

April 10, 1834.

Dear Sir:--As our society has just sent a petition and hand-bill
to {488} the President of the United States, setting forth their
distressed condition since expelled from their homes by the Jackson
county mob; and as you may remember that I was about to establish
last summer, previous to the destruction of my office by the mob,
a weekly newspaper, in favor of the present administration, I have
thought best to address this communication to your honor, and
refer you to said petition and hand-bill, and assure you, at the
same time, that my determination is to publish a weekly paper, in
Jackson county, in favor of the present administration as soon as
our society is restored to its legal rights and possessions.

As a people we are bound to support our republican government and
its institutions; and more than all, my press, which was wrested
from me, is now printing a mean opposition paper, by "Kelly and
Davis." Any communication from you will be well received by

Your obedient servant,

W. W. Phelps.

_Hon. Thomas H. Benton_.

Letter from Governor Dunklin to the Brethren, Answering the One
Inviting Him to Write the President on the Subject of the Saints'
Petition.

City of Jefferson,

April 20, 1834.

_To Messrs. W. W. Phelps, Edward Partridge, John Corrill, John
Whitmer, and A. S. Gilbert_:

Gentlemen:--Yours of the 10th inst., was received yesterday, in
which you request me as executive of this state to join you in an
appeal to the President of the United States for protection in
the enjoyment of your rights in Jackson county. It will readily
occur to you, no doubt, the possibility of your having asked
of the President protection in a way that he, no more than the
executive of this state, can render. If you ask for that which I
may be of opinion he has power to grant, I should have no objection
to join in urging it upon him; but I could no more ask the
President--however willing I am to see your society restored and
protected in their rights--to do that which I may believe he has no
power to do, than I could do such an act myself. If you will send
me a copy of your petition to the President, I will judge of his
right to grant it; and if of opinion he possesses the power, I will
write in favor of its exercise.

I am now in correspondence with the federal government, on the
subject of deposits of munitions of war on our northern and western
borders, and have no doubt but I shall succeed in procuring one,
which will be located, if left to me, (and the Secretary of War
seems willing {489} to be governed by the opinion of the executive
of this state), somewhere near the state line, either in Jackson
or Clay county. The establishment will be an "arsenal," and will
probably be placed under the command of a lieutenant of the army.
This will afford you the best means of military protection, the
nature of your case will admit. Although I can see no direct
impropriety in making the subject of this paragraph public, yet I
should prefer it not to be so considered for the present, as the
erection of an arsenal is only in expectancy.

Permit me to suggest to you, that as you now have greatly the
advantage of your adversaries, in public estimation, there is a
great propriety in retaining that advantage, which you can easily
do by keeping your adversaries in the wrong. The laws, both civil
and military, seem deficient in affording your society proper
protection; nevertheless, public sentiment is a powerful corrector
of error, and you should make it your policy to continue to deserve
it.

With much respect, and great regard,

I am your obedient servant,

Daniel Dunklin.

The Brethren in Missouri to Governor Dunklin, Informing Him That
They Expect the Arrival of Reinforcements from Their Brethren in
the East.

Liberty, Clay County, Mo.,

April 24, 1834.

Dear Sir:--In our last communication of the 10th instant, we
omitted to make inquiry concerning the evidence brought up before
the court of inquiry, in the case of Colonel Pitcher. The court met
pursuant to adjournment, on the 20th of February last, and for some
reason unknown to us, we have not been able to obtain information
concerning the opinion or decision of that court; we hoped that the
testimony would have been transmitted to your Excellency before
this, that an order might be issued for the return of our arms,
of which we have been wrongfully dispossessed, as we believe will
clearly appear to the commander-in-chief, when the evidence is laid
before him.

As suggested in your communication of the 4th of February, we have
concluded to organize according to law, and apply for public arms;
but we feared that such a step, which must be attended with public
ceremonies, might produce some excitement; and we have thus far
delayed any movement of that nature, hoping to regain our arms
from Jackson county, that we might independently equip ourselves,
and be prepared to assist in the maintenance of our constitutional
rights and liberties, as guaranteed to us by our country; and
also to defend our persons and property from a lawless mob, when
it shall {490} please the executive at some future day, to put us
in possession of our homes, from which we have been most wickedly
expelled. We are happy to make an expression of our thanks for the
willingness manifested by the executive to enforce the laws, so
far as he can consistently "with the means furnished him by the
legislature;" and we are firmly persuaded that a future day will
verify to him that whatever aid we may receive from the executive
has not been lavished upon a band of traitors, but upon a people
whose respect and veneration for the laws of our country, and
its pure republican principles are as great as that of any other
society in these United States.

As our Jackson foes and their correspondents are busy in
circulating slanderous and wicked reports concerning our people,
their views, etc., we have deemed it expedient to inform your
Excellency that we have received communications from our friends in
the East, informing us that a number of our brethren, perhaps two
or three hundred, would remove to Jackson county in the course of
the ensuing summer; and we are satisfied that when the Jackson mob
get the intelligence that a large number of our people are about
to remove into that county, they will raise a great hue-and-cry,
and circulate many bugbears through the medium of their favorite
press; but we think your Excellency is well aware that our object
is purely to defend ourselves and possessions against another
outrageous attack from the mob, inasmuch as the executive of this
state cannot keep up a military force "to protect our people in
that county, without transcending his powers." We want, therefore,
the privilege of defending ourselves and the constitution of
our county, while God is willing we should have a being on His
footstool.

We do not know at what time our friends will arrive, but expect
more certain intelligence in a few weeks. Whenever they do arrive,
it would be the wish of our people in this county, to return to our
homes, in company with our friends, under guard; and when once in
legal possession of our homes in Jackson county, we shall endeavor
to take care of them, without further wearying the patience of
our worthy chief magistrate. We will write hereafter, or send an
express. During the intermediate time, we would be glad to hear of
the prospects of recovering our arms.

With due respect, we are, sir, your obedient servants,

(Signed)

A. S. Gilbert,

Edward Partridge,

W. W. Phelps,

John Corrill,

John Whitmer.

P. S. Many of the brethren who are expected here soon, had made
{491} arrangements to emigrate to this state before the outrages of
the mob last fall. We hope the painful emergency of our case will
plead an excuse for our frequent communications.

Letter of Governor Dunklin Replying to the Communication of April
24th from the Brethren in Clay County.

City of Jefferson, May 2, 1834.

_To Messrs. W. W. Phelps and others_:

Gentlemen:--Yours of the 24th ultimo is before me, in reply to
which I can inform you, that becoming impatient at the delay
of the court of inquiry in making their report in the case of
Lieutenant-Colonel Pitcher,--on the 11th ultimo I wrote to General
Thompson for the reasons of such delay; last night I received his
reply, and with it the report of the court of inquiry, from the
tenor of which, I find no difficulty in deciding that the arms your
people were required to surrender on the 5th of last November,
should be returned; and have issued an order to Colonel Lucas to
deliver them to you or your order, which order is here enclosed.

Respectfully, your obedient servant,

(Signed)

Daniel Dunklin.

Following is the order referred to above:

City of Jefferson, May 2, 1834.

_To Samuel D. Lucas, Col. 33rd Regiment_:

Sir:--The court ordered to inquire into the conduct of
Lieutenant-Colonel Pitcher, in the movement he made on the 5th of
November last, report it as their unanimous opinion that there
was no insurrection on that day, and that Colonel Pitcher was not
authorized to call out his troops on the 5th of November, 1833. It
was then unnecessary to require the Mormons to give up their arms.
Therefore, you will deliver to W. W. Phelps, Edward Partridge,
John Corrill, John Whitmer, and A. S. Gilbert, or their order,
the fifty-two guns and one pistol reported by Lieutenant-Colonel
Pitcher to you on the 3rd December last, as having been received
by him from the Mormons on the 5th of the preceding October,
[November].

Respectfully,

Daniel Dunklin,

Commander-in-Chief.

Letter to Governor Dunklin Answering His of April the 20th Wherein
He Cautioned the Saints to Keep Their Enemies in the Wrong.

Liberty, Clay County, May 7, 1834.

Dear Sir:--Your favor of the 20th ultimo, came to hand the 1st
{492} instant, which gives us a gleam of hope that the time will
come when we may experience a partial mitigation of our sufferings.
The salutary advice at the conclusion of your letter is received
with great deference.

Since our last of the 24th ultimo, the mob of Jackson county have
burned our dwellings; as near as we can ascertain, between one
hundred and one hundred and fifty were consumed by fire in about
one week; our arms were also taken from the depository (the jail)
about ten days since, and distributed among the mob. Great efforts
are now making by said mob to stir up the citizens of this county
(Clay) and Lafayette, to similar outrages against us; but we think
they will fail of accomplishing their wicked designs in this
county. We here annex a copy of the petition to the President,
signed by about one hundred and twenty.

With great respect, etc.,

(Signed)

A. S. Gilbert,

W. W. Phelps.

_Daniel Dunklin, Governor of Missouri_:

Letter to Colonel S. D. Lucas Asking about Arms Surrendered at
Independence.

Liberty, Clay County, Missouri,

May 15, 1834.

_Colonel S. D. Lucas_:

Sir:--We have this day received a communication from the Governor
of this state, covering the order herewith, and we hasten to
forward the said order to you by the bearer, Mr. Richardson, who
is instructed to receive your reply. We would further remark that
under existing circumstances, we hope to receive our arms on this
side the river, and we would name a place near one of the ferries
for your convenience: as the arms are few in number, we request
that they may be delivered with as little delay as possible.

Respectfully yours,

(Signed)

A. S. Gilbert,

W. W. Phelps,

John Corrill,

Edward Partridge,

John Whitmer.

P. S.--We will thank you for a written communication, in answer to
this letter, and the accompanying order. [6]

{493}All hope for relief from the general government was destroyed on receipt of the following communication from the city of Washington:

Reply of the General Government to the Petition of the Saints.

War Department, May 2, 1834.

Gentlemen:--The President has referred to this department the
memorial and letter addressed to him by yourselves and other
citizens of Missouri, requesting his interposition in order to
protect your persons and property.

In answer, I am instructed to inform you, that the offenses of
which you complain, are violations of the laws of the state of
Missouri, and not of the laws of the United States. The powers
of the President under the constitution and laws, to direct the
employment of a military force, in cases where the ordinary civil
authority is found insufficient, extend only to proceedings under
the laws of the United States.

Where an insurrection in any state exists, against the government
thereof, the President is required on the application of such
state, or of the executive (when the legislature cannot be
convened), to call forth such number of the militia, as he may
judge sufficient to suppress such insurrection.