IMPORTUNING AT THE FEET OF THE JUDGE--THE GOVERNOR--THE PRESIDENT.
Pending the gathering of the strength of the Lord's house to go up
to redeem Zion, the saints who had been driven from their homes were
instructed to importune at the feet of the judge; and if he heed them
not, then to importune at the feet of the governor; and if the governor
heeded them not, then to importune at the feet of the president; and if
the president heeded them not, "then will the Lord rise and come forth
out of his hiding place, and in his fury vex the nation, and in his
hot displeasure, and his fierce anger, in his time, will cut off these
wicked, unfaithful, and unjust stewards."
The brethren now began the work of petitioning in earnest. The
authorities and brethren in Kirtland petitioned the governor of
Missouri in behalf of their afflicted brethren of that State, inclosing
in their petition the revelation the Lord had given respecting the
redemption of Zion.[A] They also sent a similar petition, and the same
revelation, to the President of the United States. "And now," wrote
Joseph to the brethren in Missouri, "we will act the part of the poor
widow [B] to perfection, if possible, and let our rulers read their
destiny if they do not lend a helping hand."
[Footnote A: Doc. & Cov. Sec. 101.]
[Footnote B: Luke 18:1-6.]
The saints in Missouri were by no means idle. They continued to keep
the subject of their wrongs constantly before the authorities of the
State. They also prepared a petition to the President of the nation,
setting forth their wrongs at great length, enclosing in it the reply
of the governor to their petition to him. And since the governor
claimed that the laws of his State did not authorize him to keep a
military force in Jackson County, to protect them in their homes after
their restoration, they asked the President to restore them to their
possessions, and protect them when so restored, by an armed force,
until peace was insured. Their petition also referred to the section of
the Constitution which provides that the United States shall protect
each state against invasion; "and on application of the legislature,
or of the executive (when the legislature cannot be convened) against
domestic violence." [C] At the same time the exiles informed Governor
Dunklin that they had petitioned the President for a force to protect
them in their homes, and asked him to assist them by sending to
the chief executive of the nation a few lines in support of their
claims. Elder Phelps wrote Senator Thomas H. Benton, informing him
of their having sent a petition to the President, and asked him for
his co-operation in securing their rights. Governor Dunklin answered
that as it was possible that the saints had asked the President to do
something that he was not empowered to do, he could not consistently
join with them in urging him to do it. "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." But whether the saints complied with this request or not, I
cannot learn.
[Footnote C: Const. Art. iv, Sec. 4.]
On the second of May, 1834, they received a communication from
Washington, which, as might have been anticipated, stated that the
offenses of which they complained were violations against the laws
of the State of Missouri, and not the laws of the United States, and
the clause in the Constitution to which they had alluded, extended
only to proceedings under the laws of the United States. "Where an
insurrection in any State exists, against the government thereof," said
the communication from Washington, "the President is required, on the
application of such State, or of the executive (when the legislature
cannot be convened), to call forth such a number of the militia, as
he may judge sufficient to suppress such insurrection. But this state
of things does not exist in Missouri, or if it does, the fact is not
shown in the mode pointed out by law. The President cannot call out a
military force to aid in the execution of the State laws, until the
proper requisition is made upon him by the constituted authorities."
And as the "constituted authorities" would not make that requisition,
all hopes of assistance from the general government, of course, were at
an end.
When the State legislature convened, the governor called the attention
of the body legislative to the outrages committed by the citizens of
Jackson County against the "Mormons," saying: "As yet, none have been
punished for these outrages, and I believe that, under our present
laws, conviction for any violence committed against a 'Mormon' cannot
be had in Jackson County. * * * It is for you to determine what
amendment the laws may require, so as to guard against such acts of
violence for the future." This notice of the question in the governor's
message revived the sinking hopes of the exiles, but it was only again
to have them disappointed. The portion of the governor's message which
referred to the Jackson outrage was given to a special committee, and
at the suggestion of Messrs. Thompson and Atchison, of the Missouri
legislature, the saints petitioned that body for an enactment to
reinstate them in their homes and protect them, when thus reinstated,
but it availed nothing. The legislature took no action in the matter.
The violators of the law went unwhipped of justice. Suffering innocence
found no protector in the State.