Chapter 26

The Expulsion from Missouri

1838-1839

The Case Before the Legislature

In December, 1838, the Legislature of Missouri met. Governor Boggs

laid before that body the information in his hands relative to the

difficulty with the Latter-day Saints. This information was woefully

lacking in the matter of the petitions and documents sent to him in

defense of the Saints. On the 10th of that month Brigham Young, Heber

C. Kimball, John Taylor and other brethren petitioned the legislature,

setting forth their side of the case. This petition was presented

to David R. Atchison and others, December 17. The following day Mr.

Turner, from a joint committee, presented before the senate a report

of findings, based on the governor's information. This report stated

that the evidence was "not authenticated," and was confined chiefly to

investigation of criminal charges against individuals under arrest;

the evidence was _ex parte_; and without aid of further evidence,

the committee could not form a satisfactory opinion in relation

to the material points. For these reasons, and because "it would

be a direct interference with the administration of justice, the

committee reported that this document ought not to be published, with

the sanction of the legislature." December 19, the petition of the

brethren was presented by John Corrill, who had but recently departed

from the Church. It was read in profound silence, but at the close

of the reading, the house was in an uproar. A Mr. Childs, of Jackson

County, denounced the petition saying there was not a word of truth

in it. Mr. Ashley, of Livingstone County, denounced the "Mormons" as

did also Mr. Young, of Lafayette. Ashley was one of the murderers at

Haun's Mill, and even boasted of that slaughter before the house. Mr.

Redman, of Howard County, and Mr. Gyer, of St. Louis, and a few other

members, demanded a full investigation, for they believed there was

truth in the petition, and the actions of those members in opposing an

investigation was because they feared their evil deeds might be brought

to light. The result of it all was that the petition was laid on the

table, "until the 4th day of July next,"--Independence day. January 16,

1839, Mr. Turner introduced in the senate a bill "to provide for the

investigation of the late disturbances in this state." The bill passed

the senate, but when it came to the house (Feb. 4) it followed the

petition and was laid on the table, also to be taken up on Independence

day. Many considered this an approval of the wrongs committed on the

"Mormons" in Missouri. David R. Atchison and a few others vigorously

protested against such criminal action, but found themselves in the

minority, for the motion prevailed by a majority of eleven votes.

Legislative Appropriations

In December, the legislature of Missouri appropriated two thousand

dollars "to be distributed among the people of Daviess and Caldwell

Counties." The "good" people of Daviess were very "generous" and felt

that they could do without their portion of this appropriation, and

let it be given to the people of Caldwell. They could well afford to

do such a thing, for they had robbed the "Mormon" people of nearly all

they possessed. They had ransacked their homes and carried off their

household furniture and goods, and otherwise enriched themselves at

the expense of the Saints who had dwelt among them. This sum, so it

was pretended, was distributed among the people in Caldwell. Judge

Cameron and others attended to the "distribution." The way they did

it was to drive off the hogs belonging to the "Mormons" and shoot

them, and without further bleeding, cut them up and deliver them to

the Saints, at four or five cents a pound. They also "gave them a few

calicos," and the "sweepings of an old store," charging them an extra

price for the goods, and thus was the "munificient" sum of two thousand

dollars distributed among the "Mormons." Later the same legislature

appropriated two hundred thousand dollars to pay the troops for their

work in driving the "Mormons" from the state. In this manner were law

and justice administered in Missouri in the years 1838 and 1839.

Extent of "Mormon" Losses

The total value of the property destroyed in Missouri, which belonged

to the Saints, is beyond our knowledge. It was estimated to be not

less than two million dollars, from the time they first settled in

that state until their expulsion. About twelve hundred members of the

Church were driven from Jackson County in 1833, and all their property

was lost to them. When again they were forced to leave Clay County,

though they went peaceably at the request of the other citizens, they

left behind them a vast amount of property for which no remuneration

was ever received. When they were expelled from the state in the winter

of 1838-9, the Saints numbered between twelve and fifteen thousand

souls. All their property, except the little they were able to gather

hastily and carry with them, was either destroyed or stolen by their

enemies. In the appeal made to Congress and the President of the United

States, in 1839, the amount of their losses was estimated at two

million dollars. Claims against Missouri for the losses were presented

to Congress in the sum of $1,381,044.00, and this represented only

491 individuals; many others who lost property, entered no claims for

damages against that state.

In addition to this loss of property, the Prophet Joseph paid in

lawyers' fees, for the defense of the people and himself, against the

unhallowed persecutions of their enemies, about fifty thousand dollars;

with very little benefit in return. And for all this, the generous

state of Missouri, for a show before the world of their charity and

kindness toward the people they had robbed, could afford to appropriate

the magnificent sum of two thousand dollars! And what of the blood of

men, women and children which had been shed by these human fiends?

In Liberty Prison

After the mock trial in Richmond, Joseph Smith and his five companions

were imprisoned in Liberty, Clay County, for a period of six months.

Here they suffered, during that time, many untold hardships. Much

of the time they were bound in chains. Their food was often not fit

to eat, and never wholesome or prepared with the thought of proper

nourishment. Several times poison was administered to them in their

food, which made them sick nigh unto death, and only the promised

blessings of the Lord saved them. Their bed was on the floor, or on the

flat side of a hewn white oak log, and in this manner they were forced

to suffer. Is it any wonder that they cried in the anguish of their

souls unto the Lord, for relief from such inhuman treatment?

Epistles From Prison

The Lord did not forsake them. While they were confined, the brethren

wrote a number of communications to the Saints. Occasionally their

friends were privileged to visit them, but always in the presence of

a strong and heavily armed guard. Letters with words of comfort were

occasionally received, and in this way their spirits were buoyed up,

which enabled them to stand their trials. On March 25, 1839, an epistle

of special import was written from the prison to the Saints scattered

abroad, and to the bishop, Edward Partridge, in particular. This

epistle portrayed many of their grievances and expressed their love

and fellowship for the Saints. Above all this, however, they poured

out their souls to the Lord asking for relief, and wondering why they

were so severely punished. The Lord gave them answer which comforted

them and built them up in hope. They also received encouragement, and

assurance of their delivery from bonds, which was soon to come to

pass.[1]

Release of Sidney Rigdon

The Prophet wrote in his Journal that January 1, 1839, "dawned upon us

as prisoners of hope, but not as sons of liberty. O Columbia, Columbia!

How thou art fallen! 'The land of the free, the home of the brave!'

'The asylum of the oppressed'--oppressing thy noblest sons, in a

loathsome dungeon, without any provocation, only that they have claimed

to worship the God of their fathers according to his own word, and

the dictates of their own consciences." Elder Parley P. Pratt and his

companions in tribulation were still held in bondage in their doleful

prison in Richmond. The brethren appealed to the supreme court in

Missouri for a writ of habeas corpus. Twice their petition was denied.

They also petitioned the judges of the county for like privileges, and

sent a memorial to the legislature asking that they be granted a fair

and impartial trial before an unprejudiced judge in some other circuit,

where they might have hope of justice, which could not be obtained

from Judge King. Finally, in the latter part of February, 1839, they

prevailed on Judge Turnham, one of the county judges, who granted their

request after some reluctance. The judge was afraid of the mob, for the

threats were made by the members of the banditti, that if any judge,

jury or court of any kind, should free the prisoners they would be

killed. Great threatenings were made at the time of this trial, and the

brethren would have been liberated, only for the blundering, wilfully

or ignorantly, of their lawyers. Sidney Rigdon, who had suffered

terribly because of exposure and the ill-treatment he had received, he

being much older and less able to endure than the other brethren, was

released by the action of the judge, at this time. Through a kindness

on the part of the sheriff, Samuel Hadley, and the jailer, Samuel

Tillery, he was let out of prison in the night, for fear of the mob,

and told to make his way out of the state as soon as he could. Even as

it was, he was pursued by a body of armed men; but having a good start

made his way to Quincy, Illinois.

Departure for Daviess

The refusal on the part of the courts and officials to grant a final

trial--for it should be remembered the brethren were being held on a

preliminary hearing all these months--and the threatenings of numerous

enemies caused the brethren to determine on making their escape if

possible. Once they tried and failed. Again the opportunity presented

itself, and the Lord indicated to them that if they were united they

could gain their freedom, but the stubbornness of Lyman Wight defeated

their purpose. The latter part of March, Elders Heber C. Kimball and

Theodore Turley went to Jefferson City with necessary papers, to see

the governor, but he was absent. However, they saw the secretary of

state, who appeared astonished at the action of Judge King, and who

wrote the judge a letter. They also saw the supreme court judges, but

due to the blundering of their attorney, Doniphan, they were unable to

obtain a writ of habeas corpus. They returned to Liberty on the 30th

of March. April 4, they had an interview with Judge Austin A. King,

who was angry to think they had been to see the governor. King said

he could have done all that they desired, and would have signed their

petition if he had been approached, for all the prisoners, but Joseph

Smith, "and he was not fit to live." Fearing that the brethren might

obtain a change of venue, Judge King hurried off with them, April 6,

1839, to Daviess County, where he hoped to continue his persecution.

Perhaps he hoped they would be murdered, for a band of fifty men in

Daviess County, on learning that the prisoners were coming, took an

oath that they would neither eat nor drink until they had murdered the

Prophet. The prisoners arrived at Gallatin, April 8, and the following

day the examination of witnesses commenced before the grand jury, over

which Judge King acted as the presiding judge. Judge Birch, the county

judge, who previously assisted in the prosecution of the brethren, was

associated with him. Both judges and jury were drunk while the case

proceeded, and the men of the jury were members of the raiding party of

Haun's Mill. They served on the jury during the day and as guards at

night, and in their drunken debauchery boasted of their many crimes. On

the 11th of April, they brought in a "true bill" against the prisoners

for "murder, treason, burglary, arson, larceny, theft and stealing."

A Change of Venue

On April 15, 1839, the brethren obtained from Judge Birch a change of

venue from Daviess to Boone County, and a mittimus was made out by

him without date, name or place. The prisoners were fitted out with a

two-horse wagon, necessary horses, and four men besides the sheriff, to

guard them to Boone County. The prisoners numbered five, as follows:

Joseph Smith, Hyrum Smith, Lyman Wight, Caleb Baldwin, and Alexander

McRae. They started from Gallatin in the afternoon and went as far as

Diahman, where they camped for the night at Judge Morin's. The next day

they went about twenty miles where a jug of whiskey was procured, and

all of the guards, save one, got drank and went to bed. The sheriff

showed the prisoners the mittimus and said to them that Judge Birch

told him never to carry them to Boone County, and never to show the

mittimus, and, the sheriff said: "I shall take a good drink of whiskey

and go to bed, and you may do as you are a mind to."

The Escape

The prisoners bought from the guards two of the horses, paying for

one with clothing, and giving their note for the other. After four of

the guards had retired and were asleep in drunken slumber, the fifth

helped them to saddle the horses and started them on their way. Two of

the brethren mounted and three went on foot, changing places from time

to time. Said Hyrum Smith, "we took our change of venue for the state

of Illinois, and in the course of nine or ten days arrived at Quincy,

Adams County." They found their families in good health, but in a state

of poverty due to their persecutions and expulsion from Missouri's soil.

A "Concocted Plan"

Samuel Tillery, the jailer at Liberty, told the prisoners that the

persecutions against the Saints was a "concocted plan," framed by the

various officers who took part in it, from the governor down. It was

first planned in the fore part of the year 1838, but was not fully

carried out until the militia was sent down against the Saints in

Caldwell and Daviess Counties. "But," said Tillery, shortly before

the removal of the brethren to Daviess County from Liberty Prison,

"you need not be concerned, for the governor has laid a plan for your

release." He also said that the governor was now ashamed enough of the

whole transaction, and would be glad to set the prisoners at liberty,

if he dared to do it. Without question the conspirators became alarmed.

They did not plan the escape of the Prophet and associates because of

any repentance, or remorse of conscience, but because of the fear of

public sentiment, without as well as within the state. Knowledge of

the dastardly actions of the officers of Missouri, who were pledged by

oath to uphold and honor their constitution, which grants liberty to

all citizens[2] in their religious worship, spread abroad into other

commonwealths. The citizens of western Illinois received the exiled

Saints with open arms, and invited them to make their homes among them.

The governor of Iowa, Robert Lucas, wrote and spoke in a vehement

manner in opposition to the treatment the "Mormon" people received in

Missouri. He invited the Saints to make their homes within the borders

of the territory of Iowa. All these things had their effect on the

assassins in Missouri, and caused them to fear and tremble. Governor

Boggs, himself, became sick of the reproach brought upon the state, and

reached the point where he would have gladly released Joseph Smith and

his fellow prisoners, but feared that such an action would properly be

interpreted as an acknowledgment of his unlawful course. He preferred

to have it so arranged that they could escape and appear before the

world as fugitives from justice.

Escape of Parley P. Pratt

At the time Joseph Smith and his companions were sent to Liberty,

Elders Parley P. Pratt, Morris Phelps, Luman Gibbs, Norman Shearer

and Darwin Chase, were sent to Richmond, to await trial on the same

charges. Here they suffered many untold hardships and deprivations

in their dungeon, until April 24, 1839, a period of six months, when

they were taken before the grand jury in Ray County, for a hearing of

their case. The same notorious Judge Austin A. King presided at the

deliberations of this body. Norman Shearer and Darwin Chase, who were

only boys, were released, and King Follett, an aged man, was added to

the list of prisoners. A change of venue having been granted them,

the brethren were taken to Columbia, Boone County, and again cast

into prison. In the meantime Luman Gibbs apostatized, hoping to gain

his liberty, but the crafty officers, although they treated him with

improved consideration, still kept him in prison to act as a spy on

his former brethren. July 4, 1839, Elders Pratt, Phelps and Follett,

assisted on the outside by Orson Pratt and a young man named John W.

Clark, a brother-in-law of Elder Phelps, escaped in a very thrilling

and novel manner. Elder Follett was re-captured, but the other two made

their way, after many hardships and difficulties, to Illinois and the

presence of their families. Elder Follett was again cast into prison

and bound in chains, but in course of a month or two was dismissed, no

charge having been proved against him.

Departure of the Exiles

With all three members of the First Presidency in prison, the burden

of removing the Saints from Missouri was placed on the shoulders of

President Brigham Young, of the council of the apostles. A public

meeting was held at Far West, January 26, 1839, and a committee

composed of the following brethren was selected to draft resolutions

and consider means for the removal of the Saints from Missouri: Brigham

Young, Heber C. Kimball, John Taylor, Alanson Ripley, Theodore Turley,

John Smith and Don Carlos Smith. This committee went to work gathering

such means as could be obtained, and devising plans for the removal of

the poor. Later a committee on removal was appointed with the following

members: William Huntington, chairman; Charles Bird, Alanson Ripley,

Theodore Turley, Daniel Shearer, Shadrack Roundy and Jonathan H. Hale.

During the winter months the exodus began, and many of the Saints

gathered at Quincy, Illinois, where they received a kindly welcome. Due

to their extreme poverty--for they had been robbed and plundered--many

of the members of the Church were unable to get away before the spring

of 1839. April arrived, and the vicious mobocrats met in council on the

6th, and determined that all the "Mormons" should be out of Caldwell

County by the 12th of that month. All available teams were secured, and

help was solicited from the members of the Church who were already in

Illinois, and the remaining Saints at Far West began their journey from

Missouri. Thirty families were removed into Tenney's Grove, twenty-five

miles from Far West, by the 14th of April, on their way to Quincy. Most

of the committee remained at Far West until the last. President Brigham

Young was forced to leave about the middle of February, to save his

life from the angry Missourians who sought it. From the Illinois side

he directed the location of the Saints.

Thursday, April 18, 1839, Elder Heber C. Kimball notified the members

of the committee on removal to wind up their affairs at once, and be

off, for their lives were in grave danger. An armed force went to the

home of Theodore Turley to shoot him; similar action was taken against

other members of the committee, and a number of mobbers tried to kill

Heber C. Kimball in the streets of Far West. The members of the Church

had now departed; many went by way of Richmond and the Missouri River

to Quincy. The members of the committee who still remained, were given

one hour to get out of the place. Hurriedly gathering up such articles

as they could take with them, they departed. The mobbers then commenced

to loot the homes, which had not already been looted of all they

contained.

Governor Boggs and his aids had gained a great victory; the Latter-day

Saints had either been exterminated, or driven from the borders

of Missouri, according to his order. Only those remained who were

incarcerated, and the day of their deliverance was near at hand.

Fulfilment of Prophecy

A revelation was given July 8, 1838, calling John Taylor, John E.

Page, Wilford Woodruff and Willard Richards to the apostleship. John

Taylor and John E. Page were ordained under the hands of Brigham

Young and Heber C. Kimball at a meeting held in Far West, December

19, 1838. In this revelation (Doc. and Cov., Sec. 118) the apostles

were commanded to take their leave of the Saints from the temple lot

in Far West on the 26th day of April, 1839. April had arrived and the

Saints were scattered, likewise the members of the council of the

apostles. On the 5th day of April, Samuel Bogart, the mobber, with

John Whitmer and a few other apostates, came to the room occupied by

the committee on removal and read this revelation to Theodore Turley.

With much laughter and assurance that it could not be fulfilled, they

called on him to renounce Joseph Smith, which now he must do as a

rational man. The apostates said: "The twelve are now scattered all

over creation; let them come here if they dare; if they do, they will

be murdered. As that revelation cannot be fulfilled, you will now give

up your faith." Turley jumped up and said: "In the name of God that

revelation will be fulfilled." They laughed him to scorn. John Whitmer

hung his head in shame. In the course of the conversation Turley asked

John Whitmer if his testimony regarding the Book of Mormon was true,

and Whitmer answered: "I now say, I handled those plates; there were

fine engravings on both sides. I handled them;" and he then described

how they were hung, and then he said, "They were shown to me by a

supernatural power."

The 26th day of April arrived, and so also did the apostles at the

temple lot in Far West. Early that morning, these brethren and a few

of the Saints assembled at the temple lot, and proceeded to transact

the business of their mission as they were commanded, according to the

following minutes:

"At a conference held at Far West by the twelve, high priests,

elders, and priests, on the 26th day of April, 1839, the following

resolution was adopted:

"Resolved: That the following persons be no more fellowshiped in

the Church of Jesus Christ of Latter-day Saints, but excommunicated

from the same, viz.: Isaac Russell, Mary Russell, John Goodson

and wife, Jacob Scott, Sen., and wife, Isaac Scott, Jacob Scott,

Jun., Ann Scott, Sister Walton, Robert Walton, Sister Cavanaugh,

Ann Wanless, William Dawson, Jun., William Dawson, Sen., and

wife, George Nelson, Joseph Nelson, and wife, and mother, William

Warnock and wife, Jonathan Maynard, Nelson Maynard, George Miller,

John Griggs and wife, Luman Gibbs, Simeon Gardner, and Freeborn

Gardner.[3]

"The council then proceeded to the building spot of the Lord's

House; when the following business was transacted: Part of a hymn

was sung, on the mission of the twelve.

"Elder Alpheus Cutler, the master workman of the house, then

recommenced laying the foundation of the Lord's House, agreeably

to the revelation, by rolling up a large stone near the southeast

corner.

"The following of the twelve were present: Brigham Young, Heber

C. Kimball, Orson Pratt, John E. Page, and John Taylor, who

proceeded to ordain Wilford Woodruff and George A. Smith, who had

been previously nominated by the First Presidency, accepted by the

twelve, and acknowledged by the Church, to the office of apostles

and members of the quorum of the twelve, to fill the places of

those who had fallen. Darwin Chase and Norman Shearer, who had just

been liberated from Richmond prison, where they had been confined

for the cause of Jesus Christ, were then ordained to the office of

the seventies."

After vocal prayer by each of the members of the council of the

twelve, and singing, the apostles took their leave of the Saints there

assembled, and departed for Illinois, and later for their mission to

Great Britain. And thus closed the history of the Latter-day Saints in

Missouri until some future day.

Notes

1. The prayer and the answer the Lord gave the Prophet are found in

sections 121, 122, 123, of the Doctrine and Covenants.

2. The Constitution of Missouri read as follows:

Article 4. That all men have a natural and indefeasible right

to worship Almighty God according to the dictates of their own

consciences; and that no man can be compelled to erect, support,

or attend any place of worship, or to maintain any minister of the

Gospel, or teacher of religion; that no human authority can control

or interfere with the rights of conscience; that no person can ever

be hurt, molested, or restrained in his religious professions, or

sentiments, if he do not disturb others in their religious worship.

Article 5. That no person, on account of his religious opinions,

can be rendered ineligible to any office of trust or profit under

this state; that no preference can ever be given by law, to any

sect or mode of worship.

3. At a conference held in Quincy, Illinois, March 17, 1839, George M.

Hinkle, Sampson Avard, John Corrill, Reed Peck, Frederick G. Williams,

Thomas B. Marsh, Burr Riggs and several others were excommunicated from

the Church.

Part Four

The Nauvoo Period

Essentials in Church History A History of the Church from the Birth of Joseph Smith to the Present Time (1922), with Introductory Chapters on the Antiquity of the Gospel and the "Falling Away" · 第 26 / 54 章