CHAPTER XV.

AN "ATTEMPTED VINDICATION" OF LAW.

It would appear that as soon as the news of the expulsion of the

saints reached the ears of the State officers, they were anxious to

reinstate them in their possessions. R. W. Wells, the attorney-general

of Missouri, wrote the lawyers employed by The Church to the effect

that if the "Mormons" desired to be returned to their homes in Jackson

County, an adequate force of the State militia would be sent forthwith

to accomplish this object, the militia have been ordered to hold

themselves in readiness for that purpose. He also promised that if the

"Mormons" would organize themselves into a company of militia, they

should be supplied with arms by the State. He also suggested that,

"as only a certain quantity of public arms can be distributed in each

county, those who first apply will be most likely to receive them."

This letter was written after a conversation between the governor and

the attorney-general; and by that conversation, the attorney-general

believed that he was warranted in making these suggestions to the

"Mormons," and one would be justified in regarding the foregoing as the

sentiments of the governor, as well as the attorney-general.

John F. Ryland, the circuit judge for the district of which Jackson

County was a part, wrote to Amos Reese, circuit attorney for the same

district, and also counsel for The Church, saying that he had been

requested by the governor to inform him "about the outrageous acts of

unparalleled violence that had lately happened in Jackson County;" and

had been requested by him to examine into these outrages, and to "take

steps to punish the guilty and screen the innocent." He, however, (that

is, Judge Ryland) could not proceed without some person was willing to

give the proper information before him. He asked the circuit attorney

to find out from the "Mormons" if they were willing to take legal

steps against the citizens of Jackson County; and if they desired to

be reinstated in their possessions. If so, he was willing to adopt

measures looking toward the accomplishment of this object, saying that

the military force would repair to Jackson County, and execute any

order he might make respecting the subject. "It is a disgrace to the

State," said he, "for such acts to happen within its limits, and the

disgrace will attach to our official characters, if we neglect to take

proper means to ensure the punishment due such offenders."

The order for an immediate court of inquiry had been prepared by the

governor, but he waited to hear from the saints, as to whether or not

they desired to be reinstated in their homes. The leading elders of

The Church, learning through their attorneys of the steps taken to

hold an immediate court of inquiry, at once wrote the governor, asking

him not to hold an immediate court of inquiry, as at that time many of

those persons whom they would want as witnesses were scattered through

several of the surrounding counties, and could not be notified in

time to be in attendance. Besides this they urged that many of their

principal witnesses would be women and children, and so long as the

rage of the mob continued unabated, it would be unsafe to take these

witnesses to Independence. "An immediate court of inquiry," wrote A.

S. Gilbert, "called while our people are thus situated, would give

our enemies a decided advantage in point of testimony." He asked his

excellency therefore, in behalf of The Church, to postpone the court of

inquiry until the saints were restored to their homes, and had an equal

chance with their enemies in producing testimony before the court.

Amos Reese, the circuit attorney, and one of the counsel for The

Church, concurred in these very reasonable requests; and said further:

"I think that at the next regular term of the court, an examination of

the criminal matter cannot be gone into without a guard for the court

and witnesses."

The communication which made these suggestions was followed up on the

6th of December by a petition to the governor, which set forth the

outrages committed against the saints by the Jackson County mob, as

already related in these pages; and asked him to restore them to their

possessions in that county; and protect them when restored by the

militia of the State, if legal, or by a detachment of the United States

troops. The petition suggested that doubtless the latter arrangement

could be effected by the governor conferring with the President of

the United States on the subject. They also asked that their men be

organized into companies of "Jackson Guards," and furnished with arms

by the State, that they might assist in maintaining their rights. "And

then," said they, "when arrangements are made to protect us in our

persons and property (which cannot be done without an armed force,

nor would it be prudent to risk our lives there without guards till

we receive strength from our friends to protect ourselves), we wish a

court of inquiry instituted, to investigate the whole matter of the mob

against the 'Mormons.'"

To this petition the governor replied on the 4th of February, 1834;

and said the request to be restored to their homes and lands needed

no evidence to support the right to have it granted. In relation

to the brethren organizing into military companies, the governor

said: "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."

All these answers of the governor to the petition of the exiled saints,

so far, were good, and manifested a spirit to administer even-handed

justice. But when he comes to consider their request to be _protected_

in their possessions, as well as _reinstated_ in them, his reply was

not so favorable. "As to the request," said he, "for keeping up a

military force to protect your people, and prevent the commission of

crimes and injuries, were I to comply it would transcend the power with

which the executive of this State is clothed." Still, the laws of the

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."

In my judgment, it does seem that under the powers here conferred

upon the executive by this provision of the fundamental law of the

State--the constitution--the governor could have granted the request of

the saints to be protected in their homes, until peace was restored.

Surely the clause, _"or other emergency,"_ in the section of the law

just quoted, was broad enough to justify him in protecting, by the

State militia, twelve hundred citizens of the United States in their

homes until mob violence had subsided--until respect for the civil

law had been restored, and these citizens allowed to dwell in safety

upon the lands they had purchased from the general government. Under

this provision he could have "curbed those cruel devils of their

will," without "doing even a little wrong, in order to do a great

right"--without "wresting the law to his authority." But he chose to

interpret the law otherwise--as follows:

The words, "or other emergency," in our militia law, seem quite broad;

but the emergency to come within the object of that provision, shall

be of a public nature. 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.

The sequel will show how _faithfully_ the laws were executed, and how

the "public" stood by, indifferent spectators, while an unoffending

people were robbed of their possessions, and the laws of the State

set at defiance by insolent mobs. The governor closed his answer to

the petition of the exiles by saying that as then advised it would be

necessary to have a military guard for the court and State witnesses,

while sitting in Jackson County; and he sent an order to the captain

of the Liberty Blues to comply with the requisition of the circuit

attorney, in protecting the court and executing its orders during the

progress of the trials arising out of the Jackson County difficulties;

and said the "Mormons" could if they felt so disposed, return under

the protection of this guard to their homes, and be protected in them

during the progress of the trials.

It required no great wisdom, however, to foresee that for the saints to

return to their homes, and then be left there without protection--left

to the mercy of inhuman wretches, in whose veins ran none of the milk

of human kindness--would not be far removed from suicide, as the mob

greatly outnumbered the saints. To return under these circumstances

would only be laying the foundation for a greater tragedy than the one

already enacted; and the brethren wisely concluded not to attempt to

regain possession of their homes, until some measure was adopted to

protect them when there--until "God or the President ruled out the mob."

At the February term of the circuit court, which convened at

Independence, about twelve of the leading elders were subpoenaed as

witnesses on the part of the State, against certain citizens of Jackson

County for their acts of mob violence against the "Mormons." On the

twenty-third of the month these witnesses crossed the Missouri into

Jackson County, under the protection of the Liberty Blues, Captain

Atchison commanding. The company numbered about fifty, and were all

well armed with United States muskets, bayonets fixed--presenting

an outward appearance "fair and warlike." The company and witnesses

commenced crossing the river about noon, but it was nearly night before

the baggage wagon was taken across. While waiting for the arrival

of the wagon, it was decided to camp in the woods, and not go to

Independence until the next morning. Half the company and a number of

the witnesses went about half a mile towards Independence and built

fires for the night. While engaged in these duties the quartermaster

and others, who had gone ahead to prepare quarters in town for the

company, sent an express back, which was continued by Captain Atchison

to Colonel Allen, for the two hundred drafted militia under his

command: and also sent to Liberty for more ammunition. The night was

passed around the camp fires, as the party was without tents, and the

weather cold enough to snow a little.

Next morning the witnesses were marched to Independence under a strong

guard and quartered in the block-house--formerly the Flourney Hotel.

The attorney-general of the State, Mr. Wells, had been sent down by the

governor to assist the circuit attorney, Mr. Reese, "to investigate as

far as possible, the Jackson outrage." These gentlemen waited upon the

witnesses in their quarters, and gave them to understand that all hope

of criminal procedure against the mob was at an end. Only a few minutes

afterward, Captain Atchison informed the witnesses that he had received

an order from Judge Ryland that the services of his company were no

longer needed in Jackson County. So the witnesses for the State were

marched out of town to the tune of Yankee Doodle--quick time.

Thus ended the sickly attempt of the State authorities to "execute the

law"--in which execution the 'public,' according to the governor, was

interested, but no further interested in this outrage. But, "so far

as a faithful execution of the laws is concerned," he presumed, "the

whole community felt 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." [A] After this effort by the State

authorities to execute the law, doubtless all other sects or parties

who were likely to come under the ban of popular sentiment felt secure

in their liberties--satisfied with the valor of the officers of the

State who had trembled before the bold front of a mob--a mob which had

boasted that if the "Mormons" were reinstated in their homes by the

authority of the governor, not three months should elapse before they

would drive them again! And even while the circuit court was convened

at Independence, and a company of militia was in attendance to execute

its mandates, and the attorney-general of the State present to assist

the circuit attorney prosecute those who had violated the law--yet,

in the presence of all this authority, the old citizens of Jackson

gathered, and assumed such a boisterous and mobocratic appearance that

their bold front overawed the officers of the court; the attorneys of

the State telling the State witnesses--who were also sufferers from the

previous violence of the mob--that all hopes of criminal prosecutions

against the mob were at an end; while Judge Ryland issued an order for

the militia to withdraw, just when they were needed to protect his

court in vindicating the law!

Thus ended the only effort that was ever made by the officers of

Missouri to bring to justice these violators of the law. One class of

citizens had conspired against the liberties of another class, and

being the stronger had, without the authority of law, or shadow of

justification, driven twelve hundred of them from their possessions,

and there was not virtue enough in the executive of the State and

his associates to punish the offenders. The determination of the mob

to resist the law was stronger than the determination of the State

officers to execute it and make it honorable. And yet the constitution

of the State made it the imperative duty of the executive to "take

care that the laws are faithfully executed." And the laws of the State

empowered the commander-in-chief of the militia (the governor) "in case

of * * * insurrection, or war, or public danger, or other emergency, to

call forth into actual service such portion of the militia as he might

deem expedient." With this power placed in his hands by the laws of the

State, Governor Dunklin permitted mobs to overawe the court of inquiry

he himself had ordered, and allowed them to continue unchecked in their

unhallowed deeds of devastation and violence. And while the mobocrats

triumphed over the law, the governor's letters to the leading elders of

The Church contained many pretty patriotic sentiments, but he lacked

the courage to execute the law.

[Footnote A: Governor Dunklin's communication, Millennial Star, Vol.

14, p. 702.]

The Missouri Persecutions · 第 15 / 49 章