Chapter LI: Appendix: I (1)

"MORMONS" IN JACKSON COUNTY.

(_Taken from the "History of Jackson County, Missouri," published by Union Historical Co., Kansas City, Missouri,_ 1881, _pp._ 250 _to_ 269, _inclusive._)

A very prominent feature of the early history of Jackson County was the trouble between the "Mormons" and other citizens during 1831 and 1832, which led to the expulsion of the former from the county during the latter part of the year 1832. This sect was brought into existence on the sixth day of April, 1830, near Manchester, New York. The first society consisted of six persons--Joseph Smith, Sr., Joseph Smith, Jr., Hyrum Smith, Samuel Smith, Oliver Cowdery and Joseph Knight. The three Smiths last mentioned were brothers, and sons of Joseph Smith, Sr., and Joseph Smith, Jr., was the reputed author of the new faith, and is the prophet of "Mormon" history. This Smith family came from Vermont, where Joseph, Jr., was born at Sharon, in Windsor County, December 23rd, 1805. They are represented by their neighbors, both in Vermont and New York, to have been a shiftless, worthless family. The parents are represented as having been dishonest, unreliable, ignorant and superstitious, and the sons seemed to have inherited all these peculiarities. A part of the business of the father was that of "water witch," in which capacity he went about the country with a hazel rod divining where water could be found by digging wells, by the writhings of the rod when held in the hands in a peculiar manner.

Young Joseph is reported to have been a wild, reckless boy, dishonest, untruthful and intemperate. As he grew toward adult age he adopted his father's profession of "water-witching," and afterwards added to it the more practical business of digging the wells he thus located. While in this capacity he discovered a smooth, round stone of peculiar shape while digging a well for a Mr. Chase near Manchester. This he adopted as a "peep stone," and pretended that by placing it in his hat in a peculiar way it had the miraculous power of revealing to him where lost and stolen articles could be found, and he then added this to his previous miraculous business of "water-witchery."

During the decade from 1820 to 1830 a great religious revival swept over the country, and gave rise to the phenomena known as "jerks!" This excitement raged greatly in western New York and in the neighborhood of the Smiths. Joseph, Jr., and some of his sisters and brothers became converted at one of the revivals, but Joseph was greatly vexed in spirit by the uncertainty as to which of the sects was the right one. He became a constant reader of the Bible for a time, but subsequently fell again into his old ways, and later events indicate that he fell also into some new ones, which have extended the peculiarities of his nature much beyond the sphere of his personal influence and beyond the period of his time. He put forth the claim that in September, 1823, God sent messengers to him to say that he was forgiven for his sins. Again in 1826, he claimed an angel visited him with the information that in the Hill Cumorah, not far from Manchester, were hidden certain golden plates which he was to unearth and translate. These plates were exhumed in September, 1826, as Joseph represents it, "with a mighty display of celestial machinery," and were delivered by the angels to him. These plates were afterwards translated by Joseph Smith, Oliver Cowdery, a school-master, and one Martin Harris, and published in the early part of the year 1830 as the "Book of Mormon."

Another account of the origin of the Book of Mormon is that it was written as a historical romance, to account for the Indians in America, in 1812, by a Mr. Solomon Spaulding, a retired preacher, and presented to Mr. Patterson, a bookseller in Pittsburg for publication, together with a preface representing it to have been taken from plates dug up in Ohio. Mr. Patterson did not think the enterprise would pay, and hence did not publish it; but Sidney Rigdon, afterwards quite noted in early "Mormon" history, was then at work in the office of Mr. Patterson, and it is suggested that he stole the manuscripts, and had his full share in bringing "Mormonism" into existence, though he did not appear in connection with it for some months after the organization of the first society.

But, however the book may have come, Joseph Smith appears from the first as prophet, and directed the movements of the new sect by what he claimed to be divine revelations, and put forth the most extravagant claims for himself and his prophetic powers. This was a time particularly favorable for the cultivation of such a superstition. The religious ideas prevailing at the time of the religious excitement referred to, embraced the belief in the direct dealings of God with man, very much after the manner represented in ancient Jewish history, which made such pretenses as these peculiarly liable to be accepted. Immediately after the organization of the first society, as above stated, there was an administration of the sacrament, and the laying on of hands for the "Gift of the Holy Ghost." Five days afterward, on the 11th of May, Oliver Cowdery preached the first sermon on the new faith, and before the close of the month, at Colesville, Browne [A] County, New York, there was what was claimed by the new sect to be miracles performed. From this the new sect took strong root with the ignorant and superstitious, and it gained members rapidly, notwithstanding the prophet was several times arrested for misdemeanors. In August, Paxley P. Platte [B] and Sidney Rigdon appeared as "Mormons," and soon after Orson Platte [C] was converted and baptized into the new sect.

[Footnote A: This should be Broome County.]

[Footnote B: Should be Parley P Pratt.]

[Footnote C: Should be Orson Pratt.]

The work of propagandation now became very active and effective. Smith put forth a revelation that mundane things were about to be brought to an end, a claim that was likely to strike terror into the hearts of the ignorant and superstitious, after the strong religious excitement that had been prevailing, and with the ideas of hell and the future state at that time current in theology. This was industriously proclaimed by the preachers, and accompanied with the narration of Smith's miracle, and the injunction to seek safety in the new Church. Its effect upon the ignorant and superstitious was very great, and by October, 1830, the society numbered fifty, and by June, 1831, about two thousand. Rigdon having taken up his residence near Kirtland, Ohio, had gathered around him about fifty very fanatical people. In January, 1831, he visited Smith in New York, and Smith returned with him to Kirtland, and soon afterward there was a gathering of all the adherents at Kirtland. This is known in "Mormon" history as the "First Hegira."

The sect, at this time, as at all others, was composed of ignorant, superstitious and fanatical people prepared by these qualities to accept anything marvelous that might be told them, or to do anything to which they might be directed by one imposed upon them as a prophet or something demanded of them by the Lord.

Such were the character of the people whom Smith attempted to settle in Jackson County. In June, 1831, Smith put forth a revelation to the effect that the final gathering place of the saints, which name they had now assumed, was to be in Missouri. Accordingly he set out with a few elders for the new land of promise, arriving at Independence in July. Here he put forth another revelation stating that this was the land, or as he put it, "the Zion that should never be moved," and that the whole land was "solemnly dedicated to the Lord and his saints." They began at once to build and at first erected a log house in Kaw township about twelve miles from Independence. On the 2nd of August, he gave out another revelation that the site of the great temple was three hundred yards west of the court house in Independence, and accordingly on the 3rd of August the spot was taken possession of by Joseph Smith, Sidney Rigdon, Edward Partridge, W. W. Phelps, Oliver Cowdery, Martin Harris and Joseph Coe, and dedicated with great ceremony, and followed by an "accession of gifts" from God. The next day, August 4th, another and larger party arrived from Kirtland, and the first "general conference" in the Land of Zion was immediately held. During this conference Smith gave utterance to another revelation, stating that the whole land should be theirs and should not be obtained "but by purchase or by blood." The situation, surroundings and leadership of these people seemed to impress their ignorant and superstitious minds with the idea that they were a chosen people designed in the purposes of God, to effect some great reformation in the world, and they seemed to have imagined that they occupied a similar position to that assigned by the Bible to the ancient Jews at the time of their escape from Egyptian bondage and replanting in Canaan. From this extravagance the way to others was open, easy and natural. In their poverty, the purchase of the "whole land" by them was manifestly not intended, and hence they seemed to expect that in some way the Lord would establish them in the possession of Missouri without that. Assuming this that they were the holy people of the Lord, that the Lord was the real owner of all things, and that all his possessions were free to them, they were not calculated to be respectful of the rights and interest of their non-"Mormon" neighbors _But though no overt acts of transgression upon such rights were being committed,_[D] the rapidly gathering members of the "Mormons," their ignorance, poverty and fanaticism, and the boastfulness and assurance with which they reiterated their belief in their destined possession of the country, backed by Smith's significant revelations and the dishonesty of the methods of the leaders, made the new sect an object of profound solicitude to the people.

[Footnote D: Italics are mine.--_R._]

In August following the "general conference," Smith and Rigdon returned to Kirtland, where they established a mill and a bank, the latter being an irresponsible "wild cat" concern that failed soon after its notes were well afloat, which failure was attended by another revelation to Smith, directing him and Rigdon to depart at night for Missouri.

Soon after their arrival at Kirtland in August, W. W. Phelps was appointed to purchase a press and establish a Church paper in Independence, to be called the _Evening and Morning Star._ The prospectus for this paper appeared in February, 1832, and the paper itself in June following. On the 25th of March, 1832, Smith and Rigdon, while away from home, were seized by a mob and tarred, feathered and beaten for attempting to establish communism, and for forgery and dishonest dealings. In April, 1832, Smith being at Independence, a council was held and the printing press set up with religious ceremonies. In June the paper made its appearance and further excited the apprehensions of the citizens by an article on "Free People of Color," which was understood by the slave-holding population of Missouri to mean that the new sect were what was then appropriately called "abolitionists," and which in the excitement of that time about slavery, were as obnoxious to slave-holders as though they possessed the "cloven foot." This was a further cause of apprehension and led to a reply in a pamphlet entitled, "Beware of False Prophets!" In the spring of 1833, the "Mormons" numbered fifteen hundred in Jackson County. They had nearly taken possession of Independence, and were rapidly extending their settlements. They grew bolder as they grew stronger, and daily proclaimed to the older settlers that the Lord had given them the whole land of Missouri; that bloody wars would extirpate all other sects from the country; that it would be "one gore of blood from the Mississippi to the border," and that the few who were left unslain would be the servants of the saints, who would own all the property in the country.

At the same time they fell into equal extravagance regarding spiritual things, and declared themselves "kings and priests of the Most High God," and all other religious sects as reprobates, the creation of the devil designed to speedy destruction, and that all but themselves were doomed, cast away Gentiles, worse than the heathen and unfit to live. They notified all "Gentiles" who were building new houses and opening new farms that it was needless, that the Lord would never allow them to enjoy the fruits of their labor and that in a few months the "Gentiles" would have neither name nor place in Missouri.

At the same time that these extravagances were thus indulged, there does not appear to have been any more lawlessness among them or by them than would result from any equal number of low, ignorant people, so that while their presence was rapidly becoming insufferable, _they were doing nothing that would warrant their legal expulsion._[E] Still their numbers constantly increased by accessions from the east and from time to time large and enthusiastic meetings were held. In addition to their paper they had established a Church store in Independence, which was kept by Bishop Partridge. During the spring and summer it began to be manifest that they would be strong enough at the fall election to control the election of officers, and the other settlers could not regard, except with grave apprehension, the filling of the county offices by members of such a sect. These apprehensions were intensified by scandalous stories, which about this time began to reach Missouri about the leaders of the sect in Ohio, and as the feeling of apprehension increased, there arose a state of restlessness and friction closely bordering upon open hostility. However, beyond some mutual petty annoyances, such as throwing stones at houses, breaking down fences, etc., there was no open action taken until the 20th of July, when a number of citizens, about four hundred, assembled to take action on the situation.

[Footnote E: Italics are mine.--_R._]

The following account of this meeting is taken from a report published in the _Western Monitor,_ at that time published by Weston F. Birch, at Fayette, Mo.:

"The meeting was organized by calling Colonel Richard Sampson to the chair, and appointing James H. Flournoy and Colonel Samuel D. Lucas as secretaries.

"Messrs. Russell Hicks, Esq., Robert Johnson, Henry Childs, Esq., Colonel James Hambriglet, Thomas Hudspeth, Joel F. Chiles, and James M. Hunter, were appointed to draft an address; the meeting then adjourned and convened again, when the following was presented:

"This meeting, professing to act not from the excitement of the moment, but under a deep and abiding conviction, that the occasion is one that calls for cool deliberation, as well as energetic action, deem it proper to lay before the public an _expose_ of our peculiar situation, in regard to this singular sect of pretended Christians, and a solemn declaration of our unalterable determination to amend it.

"The evil is one that no one could have foreseen, and it is therefore unprovided for by the laws, and the delays of legislation would put the mischief beyond remedy.

"But little more than two years ago some two or three of these people made their appearance in the upper Missouri, and they now number some twelve hundred souls in this county, and each successive autumn and spring pours forth its swarms among us, with a gradual falling of the character of those who compose them, until it seems that those communities from which they come were flooding us with the very dregs of their composition. Elevated, as they mostly are, but little above the condition of our blacks, either in regard to property or education, they have become a subject of much anxiety on that point, serious and well-grounded complaints having already been made of their corrupting influence on our slaves.

* * * * * * *

"When we reflect on the extensive field in which the sect is operating, and that there exists in every country a leaven of superstition that embraces with avidity notions the most extravagant and unheard-of, and whatever can be gleaned by them from the purlieus of vice and the abodes of ignorance, it is to be cast like a waif into our social circles. It requires no gift of prophecy to tell that the day is not far distant when the civil government of the county will be in their hands; when the sheriff, the justices and the county judges will be 'Mormons,' or persons wishing to court their favor from motives of interest or ambition.

"What would be the fate of our lives and property in the hands of jurors and witnesses who do not blush to declare, and would not upon occasion hesitate to swear that they have wrought miracles, and have been the subjects of miraculous and supernatural cures; have conversed with God and his angels, and possess and exercise the gifts of divination and of unknown tongues, and fired with the prospect of obtaining inheritances without money and without price, may be better imagined than described.

* * * * * * *

"And we do hereby most solemnly declare,

"That no 'Mormon' shall in future move into and settle in this county.

"That those now here shall give a definite pledge of their intention, within a reasonable time, to move out of the county, shall be allowed to remain unmolested until they have sufficient time to sell their property and close their business without any material sacrifice.

"That the editor of the _Star_ be required forthwith to close his office, etc. * * * * * *

"That those who fail to comply with these requisitions be referred to those of their brethren who have the gift of divination and of unknown tongues to inform them of the lot that awaits them."

Compliance with these demands being refused, the people assembled, tore down the printing office, scattering the materials and paper on the ground, and took Bishop Partridge, and a man named Charles Allen, to the public square, where they stripped and tarred and feathered them. Mr. Gilbert, who was now connected with the store, agreed to close it, and the mob then dispersed until the twenty-third.

On the 23rd of July, this convention of citizens again convened and a committee was appointed to confer with the "Mormon" leaders. This committee was met by Messrs. Phelps, Partridge, Gilbert, and Messrs. Covil, Whitmer and Morley, elders of the sect. Between them an agreement was made to the effect that Oliver Cowdery, W. W. Phelps, William McLellin, Edward Partridge, Lyman Wight, Simeon Carter, Peter and John Whitmer, and Harvey Whitlock, were to remove from the county on or before January 1, 1834, and were to use their influence to secure the removal of all the saints--one-half by January 1st, the other half by April 1, 1834; John Corril and Algernon Gilbert were to be allowed to remain as agents to settle up the business of those removing; the _Star_ was not again to be published nor any other press set up in the county; Mr. Phelps and Mr. Partridge, if their families removed by January 1st, were to be allowed to come and go in settling up their business. The committee of citizens pledged themselves to use their influence to see that no violence was to be used against the saints while compliance to the agreement was being observed.

This agreement as reported to the meeting, was unanimously adopted by the citizens, and the minutes signed by the chairman, Richard Sampson, and the secretaries, S. D. Lucas, J. H. Flournoy.

In September Orson Hyde and W. W. Phelps were appointed by the "Mormons" as a delegation to Governor Dunklin, then Governor of Missouri, and to represent the affairs already recited, and to ask for protection. They prepared and presented to the Governor, October 8th, a long memorial setting forth a long list of grievances, wrongs and intimidations which they had suffered at the hands of the people of Jackson County. The Attorney-General being absent, Governor Dunklin declined to take any action until his return, so that it was not until the 19th of October that they received his decision. The case presented to him was an _ex parte_ one, and it received a decision which led the "Mormon" leaders to rely upon his protection. He denied the right of any citizens to take into their own hands the redress of the grievances, and recommended the "Mormons" to appeal to the civil courts by affidavit and legal process for redress of the wrongs complained of, and promised them a faithful enforcement of the laws.

In pursuance of this action of the Governor, the leaders resolved not to abide by the agreement made with the people in July. Preparations for removal from the county were stopped and their leaders engaged Messrs. Woods, Reese, Doniphan and Atchison to defend them and prosecute for them in the courts. This aroused the citizens again, and although the "Mormons" had not so violated the law as to enable the people to proceed against them by legal process, the prospect, from the facts already stated, were regarded by the people as so extraordinary as to warrant extraordinary measures. Their safety, it appeared to them, depended upon the expulsion of the "Mormons" from the county by force, and they at once began preparations to that end.

On the 31st day of October, a party of forty or fifty armed men, without other warrant than their own judgment of the requirements of the situation, visited a settlement of the "Mormons" on the Big Blue, destroyed ten houses and whipped a number of men. On the night of the 1st of November another party visited a settlement about twelve miles southwest of Independence, where Parley P. Pratt had assembled a force of about sixty men; here they encamped for the night and put out guards, two of which, Robert Johnson and a man named Harris, had an encounter with Pratt, whom one of them knocked down with a musket. They were then captured by Pratt's party and detained over night. The same night they were attacked in Independence and houses were stoned, doors broken down, etc. Part of A. S. Gilbert's house was pulled down and the doors of the store were broken in and the goods scattered on the street. A party of "Mormons," summoned from a neighboring settlement, saved part of the goods and attempted to have a man named Richard McCarty arrested for participation in the affair, but the Justice of the Peace applied to, Samuel Weston, refused to issue a warrant for the purpose. At the same time other "Mormon" settlements were visited by the people and great consternation was caused thereby among the women and children, the men having fled, but no injury was done them. The next day, November 2nd, all the Independence "Mormons," numbering about thirty families, left town and gathered together for protection. The same day people made another attack on the Big Blue settlement, when they unroofed another house. They attacked also another settlement about six miles from Independence. The next day, November 3rd, Joshua Lewis, Hiram Page and two other "Mormons" went to Lexington to ask protection from the circuit court, which was refused; while others applied to Justice of the Peace Silvers at Independence, with a like result. A number of persons at this time visited the "Mormons" and advised them to leave the country, as the people were so incensed at them that their lives were in danger. This was Sunday, and the "Mormons" had a rumor among them that a general massacre was impending for Monday.

When Monday came the citizens collected and took possession of a ferry belonging to the "Mormons" across the Blue, but they soon abandoned it and gathered in greater numbers at Wilson's store about one mile west of it. A party of "Mormons," numbering about thirty, started from an adjacent settlement to help those on the Blue, but hearing of the assembly of the citizens at the store, fled through the cornfields and were pursued by the citizens. Later in the day a party of about thirty arrived from the settlement on the prairie where Pratt had encountered the guards a few nights before, and between them and the citizens a fight occurred, in which Hugh L. Brozeal and Thos. Linville of the citizens were killed and a "Mormon" named Barber fatally wounded. This fight created the greatest excitement throughout the county.

The same day Richard McCarty caused Gilbert and Whitney to be arrested for assaulting him in Independence Saturday night, and for causing his arrest and attempting to prosecute him afterward. The situation of affairs now was that no "Mormon" could receive justice from the public courts any more than a citizen could have received justice in a trial by "Mormons." The conduct of the "Mormons" had so disrupted public peace and order that the county was virtually in the hands of a mob. In this situation Samuel C. Owens, clerk of the county court, advised Gilbert and Whitney to go to jail as a means of protection, and they, together with W. E. McLellin and a Mr. Coville and Morley, and one other "Mormon," took this advice. During the night, Gilbert, Coville and Morley were taken out for the purpose of an interview with their fellow "Mormons," but on being returned next morning were fired upon by a party of six or seven citizens. Coville and Morley ran and escaped, but Gilbert was retained by the sheriff. The balance of the party were released next day.

The next day, November 5th, brought still more exciting times, for rumors from both sides exaggerated the scenes that had transpired; the citizens gathered to the number of hundreds from all parts of the county; the "Mormons," too, were rallying, one hundred of them collecting about a mile west of Independence. There they halted, waiting to learn the condition of affairs. They were informed that the militia had been ordered out for their protection and that Colonel Pitcher was in command. Upon application to this officer the "Mormons" were told that there was no alternative, they must leave the county forthwith; and deliver into Col. Pitcher's hands certain ones of their number to be tried for murder; and to give up their arms. To these demands the "Mormons" yielded. The arms, about fifty guns of all sorts, were surrendered; the men present accused of being in the skirmish the evening before, were given up for trial; and after being kept in durance for a day and night Col. Pitcher took them into a cornfield near by and said to them, "Clear out!"

Following this event small parties went over the country warning the "Mormons" away wherever found, and not unfrequently using violence to the men when any of them were caught. This was continued by the infuriated citizens until the "Mormons" had all fled the county. They attempted to find refuge in adjoining counties, but Clay was the only one that would receive them.

This was the end of "Mormonism" in Jackson County, but not the end of the Mormon trouble, for through the influence of their attorneys, and in the absence of such open violations of law as would have warranted their legal expulsion from the county, they were able to impress Governor Dunklin with the idea that they were then the victims of a ruffianly mob and were being persecuted on account of their religion. Hence for several years afterward there was a sort of support given them by the governor, which, though insufficient to reinstate them in Jackson County, was sufficient to inspire them with the hope, and caused them to expect and to some extent propose to return. This kept up the trouble.

Whether the people were justified in so employing violence to rid themselves of an obnoxious sect, the members of which had not so violated the law as to warrant their legal expulsion, was shown by the events of the next few years. The "Mormons" settled finally in Clay, Carroll, Ray, Caldwell and Daviess counties, where they grew strong and prosperous, and, as in Jackson County, became correspondingly arrogant and unbearable. They took political possession of Daviess County, and there and in Caldwell County began to put in practice the things the people in Jackson County had apprehended and to prevent which they expelled them from the county. After making for themselves a record for treason, arson, burglary, theft, murder, and a long list of other crimes, they were finally, in 1838, expelled from the State by Governor Boggs, whom they attempted afterward, on the 6th day of May, 1842, to assassinate while sitting in his house at Independence.[F]

[Footnote F: For an investigation of this subject see "Rise and Fall of Nauvoo," by the author of "Missouri Persecutions."]

A quite detailed account of their efforts to get back to Jackson County, and of the action of Governor Dunklin, and the negotiations between them and the people of Jackson County, has been furnished in the following, which, it will be observed, is as favorable to the "Mormons" as possible:

November 21st, R. W. Wells, attorney-general of Missouri, wrote to the legal counsel employed by the saints, that he felt warranted in advising them that in case the "Mormons" expelled from Jackson County desired to be reinstated, he had no doubt the governor would send them military aid. He further advised that the "Mormons" might organize into militia and receive public arms for their own defense. Judge Ryland also wrote Attorney Amos Reese, stating that the governor had inquired of him respecting the "outrageous acts of unparalleled violence that have lately happened in Jackson County;" and wished to know whether the "Mormons" were willing to take "legal steps against the citizens of Jackson County."

He further wished to know whether a writ issued by him upon the oath of Joshua Lewis and Hiram Page had been handed to the sheriff for service; and if so what was the fate of the writ. This letter was dated November 24, 1833.

In answer to the governor's inquiries Mr. Gilbert wrote that officer on November 29th, giving the following reasons why an immediate court of inquiry could not be held. "Our Church is scattered in every direction: some in Van Buren, (a new county;) a part in this county, (Clay;) and a part in Lafayette, Ray, etc. Some of our principal witnesses would be women and children, and while the rage of the mob continues, it would be impossible to gather them in safety to Independence. And that your excellency may know of the unabating fury with which the last remnant of our people remaining in that county are pursued at this time, I here state that a few families, perhaps fifteen to twenty, who settled themselves more than two years ago on the prairie, about fifteen miles from the county seat of Jackson County, had hoped from the obscurity of their location that they might escape the vengeance of the enemy through the winter; consequently they remained on their plantations, receiving occasionally a few individual threats, till last Sunday, when a mob made their appearance among them; some with pistols cocked and presented to their breasts, commanding to leave the county in three days, or they would tear their houses down over their heads, etc." * * *

"An immediate court of inquiry called while our people are thus situated, would give our enemies a decided advantage in point of testimony, while they are in possession of their homes, and ours also; with no enemy in the county to molest or make them afraid."

This letter was read and concurred in by Mr. Reese.

Those people threatened on the 24th, as stated by Mr. Gilbert, fled into Clay County and encamped on the Missouri.

December 6th, an additional memorial of facts and petition for aid, was sent to Governor Dunklin, setting forth the facts of their dispersion, and signed by six of the elders of The Church. A letter accompanied the petition, informing his excellency of the wish and intention of the saints to return to their homes, if assured of safety and protection.

On Monday, December 24th, four families living near Independence, whose age and penury prevented their removal in haste, were driven from their homes; the chimneys of their houses were thrown down, and the doors and windows broken in. Two of these men were named Miller and Jones, Mr. Miller being sixty-five years old, and the youngest of the four.

A court of inquiry was held in Liberty, Clay County, during December, which resulted in the arrest of Colonel Pitcher for driving the saints, or "Mormons," from Jackson, for trial by court-martial.

Mr. Gilbert wrote Governor Dunklin from Liberty, Clay County, January 9, 1834, submitting for consideration the idea of the saints making the endeavor to purchase the property of a number of the most violent opposers, if such effort would be satisfactory, and help to solve the question peaceably.

Governor Dunklin replied to the memorials and petitions of the saints in a friendly manner, avowing his desire and design to enforce the civil law, and if practicable, to reinstate those unlawfully dispossessed of their homes. Two clauses in this letter disclose something in reference to the peculiar animus of the persecution waging against the "Mormon" population. He wrote: "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."

An order was sent by the same mail from the governor, directing the captain of the Liberty Blues, a military organization, to comply with the requisitions of the circuit attorney, in the progress of the trials that might ensue. This letter is dated February 4, 1834.

Suits were instituted by Messrs. Phelps and Partridge, in the proper courts of Jackson County, and a dozen or so of the brethren summoned by subpoena to attend the sitting of the court of inquiry to be held. These witnesses were met February 23rd, at Everett's Ferry by the Liberty Blues, fifty strong, commanded by Captain Atchison, to guard them into Jackson County. They crossed the river, and encamped about a mile from it. From reports brought into camp by scouts sent out, Captain Atchison sent an order to Captain Allen for two hundred drafted militia, and to Liberty for ammunition. The next day the party reached Independence, where the witnesses met the district attorney, Mr. Reese, and the attorney-general, Mr. Wells; and from them it was ascertained that all prospect for a criminal prosecution was at an end. Mr. Wells had been instructed by the governor, to investigate, "as far as possible," the outrages in Jackson; but the determined opposition presented to the enforcement of the law, by those who had driven the "Mormons" out, prevented the performance of executive duty. The judge discharged Captain Atchison and his company of Blues, stating that their service was not needed and that officer marched out of town, with the witnesses under guard, to the tune of "Yankee Doodle."

While all this was transpiring time passed on and others were made to suffer. One old man Lindsay, nearly seventy, had his house thrown down, his goods, corn and other property piled together and fired, but was fortunate, after the parties who did it left, to save a part of his effects through the exertions of a son. Lyman Leonard, one of those who was compelled to return from Van Buren County was dragged from his house, beaten and left for dead, but revived and escaped. Joshua Sumner and Barnet Cole were beaten severely at the same time.

March 31st, 1834, Ira I. Willis went over from Clay County into Jackson to look for and reclaim a cow that had strayed. While at the house of Justice Manship, making proof to the ownership of the cow, he was set upon and cruelly whipped.

April 10th, 1804,[G] a petition was prepared memoralizing the President of the United States, and stating the facts of the expulsion of the people from Jackson County; and further setting forth that an impartial investigation into their several individual wrongs in the county where those wrongs were committed was impossible; they therefore asked that the executive power of the United States be exercised in their protection. This memorial and petition was signed by one hundred and fourteen of the expelled refugees.

[Footnote G: Doubtless should be 1834.]

In answer to this petition the President by order replied that the matter of the petition was referred to the War Department, and the department declined interference, as it did not appear that the emergency warranting such interference had occurred. This information was dated May 2nd, 1834, and signed by Lewis Cass. On the same day Governor Dunklin wrote to Messrs. Phelps and others, that the court of inquiry, before which Lieut. Col. Pitcher was to answer, had decided that the demand made by the officer for the surrender of the arms of the saints on Nov. 5th, 1833, was improper, and an order was sent to Col. Lucas to return them. This order directed Col. Lucas to deliver to W. W. Phelps, E. Partridge and others, fifty-two guns and one pistol, received by Col. Pitcher from the "Mormons," Nov. 5th, 1833.

The result of this order is seen from the following communication made to Gov. Dunklin, May 7th, 1834: "Since the 24th ult., the mob of Jackson County have burned our dwellings to the number of over one hundred and fifty. Our arms were also taken from the depository, (the jail,) about ten days since and distributed among the mob." * * * * * * *

The order for the restoration was forwarded to Col. Lucas, at Independence, May 17th, with a statement that he might return the arms to either of the three ferries on the Missouri, the line between Jackson and Clay counties. Of this delivery of the order the governor was informed by letter dated May 29th. To the letter and order to Col. Lucas, that officer stated that he would reply by May 22nd, but before that time he removed to Lexington and did not reply what he would do.

Some time in May the expelled "Mormons" and their friends in Clay County began the manufacture of weapons, in order to be prepared for defense if occasion again required it; and in this many of the influential men of the county encouraged them, in order, as they said, "to help the 'Mormons' to settle their own difficulties."

In the fall and before the agreement to leave Jackson County had been made, by the "Mormons" afterward expelled, a number of their brethren in Ohio, including Joseph Smith, Sylvester Smith, Frederick Williams and others, not far from one hundred and fifty men in all, had made arrangements to move into Missouri, with the intent to aid their followers there in defending themselves, or to share with them the fate that might await them. Of their intention thus to enter the State as immigrants, they notified their brethren in Missouri, who by letter dated April 24th, 1834, informed the governor, asking that their arms be restored to them and they be reinstated in their homes with the privilege of maintaining themselves in those homes, when so reinstated, by force; further asking the governor to give them a guard to escort them to Jackson County, when their friends from the East arrived. This letter was signed by A. S. Gilbert and four others.

This company above referred to, left Kirtland May 5th, 1834, and on June 5th, Mr. Gilbert notified the governor, in accordance with the opinion of Mr. Reese, district attorney, that the company was nearly to their journey's end; and again asked for an escort.

In answer to the communications of Mr. Gilbert and others, Governor Dunklin made answer, dated at Jefferson City, June 6th, 1834, from which letter, directed to Col. J. Thornton, the following extracts are taken:

"Dear Sir:--I was pleased at the reception of your letter, concurred in by Messrs. Reese, Atchison and Doniphan, on the subject of the Mormon difficulties. * * * A more clear and indisputable right does not exist, that the Mormon people, who were expelled from their homes in Jackson County, to return and live on their lands, and if they cannot be persuaded as a matter of policy to give up that right, or to qualify it, my course, as the chief executive officer of the State, is a plain one. The Constitution of the United States declares: 'That the citizens of each State shall be entitled to all privileges and immunities of citizens in the several States.' Then we cannot interdict any people who have a political franchise in the United States, from immigrating to this State, nor from choosing what part of the State they will settle in, provided they do not trespass on the property or rights of others. * * * And again, our Constitution says; That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences.' I am fully persuaded that the eccentricity of the religious opinions and practices of the 'Mormons' is at the bottom of the outrages committed against them. They have the right constitutionally guaranteed to them, and it is indefeasible, to believe, and worship Joe Smith as a man, as an angel, or even as the true and living God, and to call their habitation Zion, the Holy Land, or even heaven itself. Indeed there is nothing so absurd or ridiculous, that they have not the right to adopt as their religion, so that in its exercise they do not interfere with the rights of others. * * * I consider it the duty of every good citizen of Jackson and adjoining counties, to exert themselves to effect a compromise of their difficulties, and were I assured I would not have to act in my official capacity in the affair, I would visit the parties in person and exert myself to the utmost to settle it. My first advice would be to the Mormons to sell out their lands in Jackson County, and to settle somewhere else, where they could live in peace, if they could get a fair price for them, and reasonable damages for injuries received. If this failed I would try the citizens and advise them to meet and rescind their illegal resolve of last summer; and agree to conform to the laws in every particular, in respect to the Mormons. If both these failed, I would then advise the plan you have suggested, for each party to take separate territory, and confine their numbers within their respective limits, with the exception of the public right of ingress and egress upon the public highway. If all these failed then the simple question of legal right would have to settle it. It is this last that I am afraid I shall have to conform my action to in the end, and hence the necessity of keeping myself in the best situation to do my duty impartially."

To facilitate any effort that might be made to effect a settlement of the troubles, the governor appointed Col. Thornton as an aid to the commander-in-chief, and requested him to keep himself and the governor closely informed of all that was transpiring.

The company emigrating from Ohio, under the charge of Joseph Smith, were joined at Salt River, Missouri, by a number from Michigan in charge of Hyrum Smith and Lyman Wright,[H] their united number being two hundred and five men. These were organized and drilled under Mr. Wright, who was appointed to the command of the whole force.

[Footnote H: Wight.]

June 9th, 1834, the governor issued a second order for the return of the arms, directed to Col. Pitcher, Col. Lucas having resigned his command and left the county. This order to Col. Pitcher required him to collect the arms, if not in his possession, and return them to Messrs. Phelps and Partridge and others from whom they were taken.

June 10th, Judge John F. Ryland wrote to Mr. Gilbert from Richmond, requesting that the "Mormons" be called together at Liberty the following Monday, the 16th, at which time he would meet them with a deputation of some of the most respectable citizens of Jackson County and explain to them his views, stating further that he dreaded the consequences likely to ensue if he failed in his efforts to secure an amicable adjustment between the parties. This request was acceded to. Mr. Gilbert and others notified their brethren of the time and place of meeting and its object; and on the 16th the meeting was held, the citizens of Clay County, including the "Mormons," numbering between eight hundred and a thousand, assembled at the court house, where they were met by the judge and a deputation from Jackson County. At this meeting the citizens of Jackson County, through a committee consisting of Mr. Samuel C. Owens and nine others, submitted propositions in substance as follows: That they would purchase the lands and improvements of the "Mormons" at a valuation to be fixed by arbitrators to be agreed upon by the parties; that when these arbitrators should have been chosen, twelve of the "Mormons" should be permitted to go with the arbitrators to point out the lands and improvements to be valued, the people of the county guaranteeing their safety while so doing; that when these arbitrators should have fixed said valuation, the people of Jackson County would pay the same with one hundred per cent added thereto within thirty days after said report. That upon said payment so made the "Mormons" should execute deeds for the lands, and make no effort ever after to settle as a community or as individuals within the county. Both parties were to enter into bonds to keep the terms of the agreement when made. A counter proposition was that the "Mormons" should buy all the lands of the people of Jackson County and their improvements on the public lands, the valuation to be made in the same way by arbitrators, and the same addition of one hundred per cent to such valuation when reported, payment to be made by the "Mormons" within thirty days after said report of valuation, as in the first proposition.

After the reading of this proposition, its adoption and enforcement were warmly urged by Mr. Owens, chairman of the deputation from Jackson County, and were as warmly met and opposed by Gen. Doniphan. Rev. M. Riley, of the Baptist church, urged the expulsion of the "Mormons," stating that they had "lived long enough in Clay County, and must either clear out or be cleared out." Mr. Turnham, the moderator of the meeting, answered this speech, counseling moderation, saying, among other things, "Let us be Republicans; let us honor our country and not disgrace it like Jackson County. For God's sake, don't disfranchise or drive away the 'Mormons.' They are better citizens than many of the old inhabitants." This expression was endorsed by Gen. Doniphan. Considerable excitement ensued, during which a quarrel occurred between some parties outside the door, in which one Calbert stabbed another man named Wales. Someone shouted into the door of the court room, "A man stabbed!" which broke up the meeting. Pending the restoration to order, Messrs. Phelps, McClellan and others consulted together and replied to the proposition, that they were not authorized to accede to either of the set of terms submited, but that they would give general notice and call a meeting of their brethren and make definite answer by the following Saturday or Monday, and that such answer should be placed in the hands of Judge Turnham, chairman of the meeting, earlier than the day named, if possible; assuring Mr. Owens and others that there was no design to open hostilities on the people of Jackson or other counties. They further pledged themselves to prevent any of their brethren coming from the east from entering into Jackson County.

Messrs. Phelps and Gilbert submitted to Mr. Owens and others of the Jackson committee a reply dated June 21st, 1834, stating that they had consulted with their brethren, as agreed, and were authorized to state that the propositions as made to them June 16th, could not be acceded to. In the same communication they gave the assurance that there was no intention on the part of themselves or their brethren to invade the county of Jackson in a hostile manner.

By this uniting, immediate conflict seemed to be averted, and the Jackson County committee returned home by way of the ferry, where is now the Wayne City landing. The boat was taken over to them and ten or twelve men and as many horses went aboard the boat. When about the middle of the Missouri the boat filled with water and sank; men, horses and all went down together. George Bradbury, David Lynch and James Campbell were drowned. S. V. Nolan could not swim, but catching hold of his horse's tail was hauled safely to the Jackson County shore. Samuel C. Owens and Thomas Harrington clung to the wreck of the boat and floated down a mile, and when the boat reached a sandbar Mr. Owens divested himself of all his clothes except his shirt, left the wreck and swam safely to the shore. He found a cow path which he followed to the main road. While traveling the path he found himself terribly annoyed by the sting of the nettle, but he walked to Independence, a distance of some four miles. Mr. Harrington hung to the boat and was drowned. William Everett swam to the Jackson shore and was washed against a drift and was found there ten days afterwards, one hand fast hold of a projecting snag. The other men swam back to the Clay County shore, where they all made it safe except Small-wood Nolan, who clung to a "sawyer" only a short distance from the shore. The men who made the shore built a fire and encouraged Nolan to "cling on" till they could rescue him. He did cling on with the grip of death. When daylight came and the men went in to take him off his scanty support, they found that the water was only waist deep and he could have waded to the shore with ease if he had known it.

It was rumored that the "Mormons" had secretly bored holes in the boat above the customary water mark, but when loaded would sink to the holes and then fill with water. But the most reasonable idea was that the boat did not generally carry such heavy loads, hence the timbers had become dry and the corking loose, and when the water pressed against it gave way and the boat filled.

Joseph Smith and his party passed through Richmond, Clay County, June 19th, and encamped between two branches of Fishing River, not far from their junction. Here they were met by five armed men, who informed them that sixty men from Ray and seventy from Clay counties were to meet others from different places and prevent their further progress. They also learned that two hundred from Jackson County were to cross the Missouri River at Williams' Ferry, there to meet the forces from Ray and Clay Counties, at Fishing River ford, and thence to attack and disperse or destroy them. Their designs, if entertained, were prevented, for on the night following a severe storm of wind and rain occurred, which raised the streams, flooded the country and prevented any hostile movements being made by either party.

Mr. Smith's band moved out on the prairie on the 20th and encamped, where, on the 21st, they were visited by Col. Sconce and two other leading men from Ray County, who were anxious to know what were their intentions. Mr. Smith replied, stating that they had come to assist their brethren, bringing with them clothing and other supplies to aid them in being reinstated in their rights; and disclaimed any design to interfere with, or molest any people. These men returned from their visit, satisfied of the intentions of Mr. Smith and those with him, and rode through the neighborhood, using their influence to allay the excitement.