________ ________ [Fifth Judicial District, State of Missouri]
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________ LEGISLATIVE PROCEEDINGS,In the General Assembly of the State of Missouri House of Representatives, Thursday, November 22, 1838. The House resolved itself into a Committee of the While upon the state of the Republic – Mr. Emmons in the chair. After spending some time therein, the committee rose, and their chairman reported: hat the committee had under consideration the Governor's Message, to them referred, and have come to sundry resolution thereon, which he reported as follows: Resolved, That the Message of the Governor, communicated to the House on the 20th inst., be referred to committees as follows: 15th. So much as relates to the recent difficulties between the people called Mormons, and a portion of the people of this State, to a select committee of seven members, to act jointly with such committee as may be appointed by the Senate, with instructions to inquire into the cause of said disturbances, and the conduct of the military operations in suppressing them, with power to send for persons and papers.
In Senate, Tuesday, December 18, 1838.
2 [Fifth Judicial District, State of Missouri] nor's Message as relates to the recent difficulties between the people called Mormons, and a part of the people of this state, with instructions to inquire into the causes of said disturbances, and the conduct of the military operations in suppressing them, have taken the same under consideration, and would respectfully submit the following report and resolutions:
They have thought it unwise and injudicious under all the existing circumstances of this case, to predicate a report upon the papers, documents, etc., purporting to be copies of the evidence taken before an examining court, held in Richmond, in Ray county, for the purpose of inquiring into the charges alleged against the people called Mormons growing out of the late difficulties between that people and other citizens of this state.
[Fifth Judicial District, State of Missouri] 3 than would be necessary under different circumstances. They would therefore recommend, in order to avoid all the difficulties have been presented, that a committee, after the adjournment of the general assembly, go into the vicinity of the scene of difficulties, make their investigation, and report at such time, and in such as the legislature may direct. If this course should be adopted, committee believe that the session would be much shortened, and heavy expenses saved to the state, which otherwise would necessarily be incurred in sending for witnesses, and bringing them from so great a distance. By a resolution of both houses, the special message of the governor in relation to the subject of inquiry, with the accompanying documents, was referred to the committee, with instructions to select such documents as in their opinion ought to be published with the message, and report to their respective houses. The committee after a full consideration of the subject, with due regard to its importance, are of opinion that it is inexpedient at this time, to publish any of the documents, under the authority of the general assembly, and submit to the two houses the leading reasons for that opinion. The documents may be divided into several classes: 1st. The affidavits and correspondence preceding each series of authorized military operations. 2nd. The orders issued upon such evidence. 3rd. The military operations and correspondence consequent thereon; and 4th. The evidence taken before a court of inquiry, held for the investigation of criminal charges against individuals. It was found by the joint committee, at an early periled after their organization, that, in order to a full and satisfactory investigation of the subjects referred to them, a mass of additional testimony, oral and written, would be required. This becomes apparent to the committee, from the contents of the documents referred to them. These documents, although they are serviceable in giving direction to the courts of inquiry, are none of them, except the official orders and correspondence, such as ought to be received as conclusive evidence of the facts. stated; nor are their contents such as would, without the aid of further evidence, enable the committee to form a satisfactory opinion in relation to the material points of the inquiry. The copy of the examination taken before the criminal court of inquiry, is manifestly not such evidence as ought to be received by the committee: 1st. Because it is not authenticated; and 2nd. It is confined chiefly to the object of that inquiry; namely: the investigation of criminal charges against individuals under arrest; for these reasons, but above all, for the reason that it would be a direct interference with the administration of justice, this document ought not to be published, with the sanction of the legislature. The committee concludes, that it would not be proper to publish the official orders and correspondence between the officers in command, and
4 [Fifth Judicial District, State of Missouri] the Executive, without the evidence on which they were founded; and that evidence is not sufficiently full and satisfactory to authorize its publication. To publish the whole together might tend to give a direction to the public mind, prejudicial to an impartial administration of justice in pending cases, while it will not afford the means of forming any satisfactory conclusion as to the cause of the late disturbances, or the conduct of the military operations in suppressing them. The committee therefore recommend to each house to adopt the following resolutions: Resolved, That it is inexpedient at this time, to prosecute further the inquiry into the causes of the late disturbances and the conduct of the military operations in suppressing them. Resolved, That it is inexpedient to publish at this time, any of the documents accompanying the governor's message in relation to the late disturbances. Resolved, That it is expedient to appoint a joint committee, composed of —— senators, and —— representatives, to investigate the cause of said disturbances, and the conduct of the military operations in suppressing them, to meet at such time, and to be invested with such powers as may be prescribed by law. [See also: History of the LDS Church, Vol. 3: 235-238].
Mr. Campbell offered the following as additional to the resolution of the House: Resolved by the Senate, the House of Representatives concurring therein, that the three foregoing resolutions [of the 18th of December] be referred to a joint committee of the two Houses, heretofore raised, on the subject of the Mormon difficulties, with the instructions to report a bill in conformity thereto, as soon as they can conveniently prepare the same; which was agreed to.
Mr. Turner, from the joint select committee, asked and obtained leave to introduce “a bill” to provide for the investigation of the late disturbances in this State." [This bill consists of twenty-three sections] Which bill is as follows:
To Provide for an Investigation of the Late Disturbances in this State. Be it enacted by the General Assembly of the State of Missouri, as follows: § 1. A joint committee shall be appointed to investigate the causes of the late disturbances between the people called Mormons and other inhabitants of this state, and the conduct of the military operations in repressing them; which committee shall consist of two senators, to be
[Fifth Judicial District, State of Missouri] 5 elected by the Senate and three representatives, to be elected by the House of Representatives. § 2. The committee shall meet at Richmond, in the county of Ray, on the first Monday of May next, and shall thereafter meet at such times and places as they shall appoint, as most suitable for the effectual discharge of the duties enjoined on them by this act. § 3. Such committee shall have power to choose a Chairman, to appoint a Clerk, a Sergeant-at-Arms, and as many Assistants, not exceeding two, as they shall deem necessary for the prompt execution of process issued by them. § 4. A majority of the committee shall constitute a quorum to do business; but any one or more, though less than a majority, attending at the time and place previously appointed for a meeting, may adjourn for a period not longer than two days at a time; but no number less than a majority, shall be competent to adjourn to any place other than that previously appointed by the committee. § 5. The committee shall have power to issue subpoenas and compulsory process for witnesses, to compel the production of books, papers, and other evidences, to punish contempts committed in their presence, tending to disturb or interrupt the committee or its officers in the execution of its duties, to the same extent as a court of record. § 6. Subpoenas and other process shall be under the hand and private seal of the chairman, and countersigned by the clerk, and shall be executed by the sergeant-at-arms or one of his assistants. § 7. The clerk, sergeant-at-arms, and his assistants, shall before entering upon the duties of their respective offices, take an oath to support the constitution of the United States and of this State, and to demean themselves faithfully and vigilantly in their respective offices. § 8. The chairman and each member of the committee, shall have power to admininister [sic] oaths to officers and witnesses to the extent and with like effect as a court of record or a judge thereof. § 9. The sergeant-at-arms and his assistants, shall have power to execute process directed to them, in any county in this State, to the same extent and with the like effect, as any sheriff now has within his county. §10. It shall be the duty of the clerk to keep a regular record of the proceedings of the committee, to record the evidence taken, and to file and preserve all papers and documents, appertaining to the duties of the committee, and to perform such other duties as may be required of him by the committee, and appropriate to the nature of his office. §11. It shall be the duty of the committee to issue ail necessary process, to cause to be exhibited to them all papers and documents tending to aid in the object of the enquiry, to cause persons having knowledge of any fads material to the enquiry, to appear and testify before them, to cause a journal of their proceedings to be kept, and a record of the testimony taken by them to be made and preserved. §12. As soon as the committee shall have completed the duties hereinbefore enjoined, they shall make a report, setting forth the facts
6 [Fifth Judicial District, State of Missouri] which in their opinion are established by the evidence, together with their opinion thereon, as to the causes of the disturbances, and the conduct of the military operations in suppressing them.. §13. If in the opinion of the committee a meeting of the General Assembly, before the time appointed by law, will be necessary, to act on their report, and the evidence taken by them, they shall communicate their reasons for such opinion in writing, together with a copy of their report, to the Governor. §14. The original report, records, evidence, papers and documents, relating to the enquiry, shall be deposited in the office of the Secretary of State, within thirty days after the enquiry shall be concluded. §15. If a proclamation convening the legislature shall not be issued within twenty days after the deposit of the report, records and documents in the office of the Secretary of State, it shall be the duty of the Secretary of State to cause the report and evidence to be published in book form, and distributed in the same manner as the journals of the General Assembly. §16. The members of the committee shall receive the same pay and traveling allowance as members or the General Assembly; the clerk shall be allowed at the rate of four dollars per day for his services, the sergeant-at-arms and assistants, shall receive for each arrest on dollar and fifty cents, for summoning each witness fifty cents, and travelling allowance, at the rate of eight cents per mile he shall necessarily travel in going from the place of sitting of the committee, to serve process and returning. §17. Witnesses shall be allowed for each day's attendance, one dollar and five cents per mile they shall necessarily travel, in going to and returning from the place of the sitting of the committee. § 18. The committee shall have power to have a room wherein to hold their sittings; to purchase stationery and other things necessary in the discharge of their duties. §19. All accounts shall be audited by this committee, and on certificates thereof, signed by the chairman and countersigned by the clerk being produced to the Auditor, he shall issue his warrant for the amount on the State Treasury. § 20. The compensation of the members of the committee and the clerk, shall be paid out of the appropriations for the pay of the General Assembly; all other expenses shall be paid out of the appropriation for the contingent fund of the General Assembly. § 21. The expenses for printing and distributing the report of the committee with the documents, shall be paid for out of the appropriations for printing: and warrants shall be drawn therefore, by the Auditor on the certificate of the Secretary of State. § 22. If a vacancy shall happen in said committee, the chairman for the time being, shall immediately notify the presiding officer of the House in which the vacancy happens thereof, and such officer shall immediately supply such vacancy, by designating a member of the proper house to serve on the committee.
[Fifth Judicial District, State of Missouri] 7 § 23. This act shall take effect from and after its passage. Which was read a first time, and on motion of Mr. Turner, The rule requiring bills to be read a second time, referred to the committee of the whole House, and ordered to be printed for the use of the members of the General Assembly. A bill to provide for an investigation of the late disturbances in this state, was read a third time. Mr. Rawlins offered the following amendment to come in by way of ryder: “Strike out the 13th section, and the first and second lines of the 15th section to the word “State” inclusive.” Which was read a first and second times, and objections being made, the question “shall the ryder be rejected?” was decided negatively as follows: AYES- Messrs. Campbell, Conger, Darby, Deguire, Gilliam, McDanniel, Miller, Morin, Montgomery, Noland, Pratt, Scott, Sterigere, Turner and Thompson- 15. NAYS- Messrs. Ashby, Byrd, Danforth, Gentry, Glascock, Gorham, Grimsley, hunter, Hyatt, Jones of Cooper, Jones of Pike, Maupin, McIlvaine, Monroe, Penn, Rawlins and Watts-17. ABSENT- Mr. Alford. The ryder was read a third time, and the question, “shall the ryder and bill pass?” was decided affirmatively, as follows: AYES- Messrs. Ashby, Campbell, Conger, Danforth, Darby, Deguire, Gilliam, Grimsley, Hyatt, Jones of Cooper, McDanniel, McIlvaine, Miller, Morin, Montgomery, Noland, Penn, Pratt, Scott, Sterigere, Turner and Thompson-22. NAYS- Messrs. Byrd, Gentry, Glascock, Goham, Hunter, Jones of Pike, Maupin, Monroe, Rawlins and Watts- 10. ABSENT- Mr Alford. The bill from the Senate, entitled “an act to investigate the late disturbances in this State,” was read a first time, when Mr. Wright moved that the bill be laid on the table, until the 4th day of July next, and upon this question Mr. Primm desired the ayes and nays, which were ordered, and decided in the affirmative, as follows:
AYES- Messrs. Acock, Ashby, Biggs, Bollinger, Booth, Brown of Franklin, Burchartt, Canole, Cannefax, Caldwell, Carson, Carstarphen, Chiles of Jackson, Clark of Linn, Cowan, Enloe, Emmerson, Fisher, Fulkerson, Gore, Hall, Hancock, Harris, Hickcox, Holliman, Jackson of Audrain, Jackson of Howard, Kemp, Kincheloe, McLean, Miller, Minnis, Montgomery of Benton, Montgomery of Pulaski, Morehead, Morin, Morris, Persinger, Polk, Ritchie, Russell, Smith, Thompson, Wat-
8 [Fifth Judicial District, State of Missouri] son, Williams of Cape Girardeau, Williams of Van Buren, Wilkes and Wright-48. NAYS- Messrs. Atchison, Bogy, Bowring, Brown of Scott, Burt, Burgee, Caulk, Chiles of Franklin, Clark of St. Louis, Coalter, Curd of Callaway, Curd of Marion, Deatherage, Elston, Emmons, Frost, Geyer, Harris, Hickman, Holeman, Hudspeth, Huston, Jarrell, Jones, Manning, Netherton, Pratt, Primm, Redman, Rollins, Sappington, Young of Calaway, Young of Lafayette and Mr. Speaker-37. ABSENT- (sick)- Messrs. Corrill and Kelly. ABSENT- Messrs. Gordon, Mason, Reese, South and Woodson. S. M. Smith, A Mormon, to the Governor. Kirtland, Ohio, March 21, 1839. I beg leave to present to your Excellency a petition, praying your assistance in a matter of vital importance to me, and to my friends. I have received by letter, from the widow and others, the following facts respecting the murder of a brother in your State, by the name of Warren Smith: He was a Mormon, (the only one of the connexion [sic].) He set out for Far West, Mo., last summer, because he believed it (as he said,) his duty to go. This was a misfortune to be visited, not a crime to be punished. When he, in company with three our four other families, had arrived to within a short distance of the end of their toilsome journey, they were informed that the roads were strictly guarded, and to proceed further would be disastrous; they consequently halted a Shoal Creek, and encamped on the edge of a prairie, when they were attacked, on the 6th of November [30th of October], by an armed force of two or three hundred. The women and children fled to the woods, the men and boys to a log blacksmith shop. The ruffians instantly surrounded the latter, and in a few minutes massacred about twenty. After the roar of death hand ceased, and the inhuman banditti retired, the women crept silently from their hiding places, and selected each, their own husband from among the mingled and mangled slain, wiped the warm flowing life blood from their wan cheeks, snatched a hasty kiss, and buried their lifeless remains in a narrow tomb together, (viz: a well,) and fled again to the thick circling shade of the gloomy forest, to escape a like ore a worse fate, and now wander friendless and pitiless, without money or means, in a strange land, a land of enemies! Thus perished my brother and a little son of his about then years of age, who begged hard for his life, but was shot through the head in cold blood, after the excitement of the battle was over. If there is philanthropy in Missouri, let it be exercised in relieving the sufferings of these widows and orphans. If there is power in the laws, or energy in the executions of Missouri, let them be put in execution, to bring to condign punishment the perpetrators of this barba-
[Fifth Judicial District, State of Missouri] 9 rous deed. This is my petition! Will it be heard? Will the Governor of Missouri see that the laws of his State are executed, and the suffering of innocent widows and orphans assuaged? I have not sought to procure the signatures of any, but chose to present my name singly in the name of the suffers. I appeal to your humanity as a man, and your authority as Governor of Missouri, hoping that it will not be in vain. It is said and believed by many, that your proclamation authorized the extermination of the Mormons. I can hardly believe this possible. I think it would go to legalize murder and robbery, and be in compatible with your constitutional powers. In your answer, address S. M. Smith, Kirtland Mills, Georgia [Geauga] county, Ohio. I have the honor to subscribe myself, Your humble and obedient servant, S. [Sylvester]. M. Smith To His Excellency, L. W. Boggs, Governor of Missouri. Since your last session the unpleasant difficulties between a portion of the citizens of our State and the Mormons have entirely subsided, with the exception of some slight interruptions on our northeastern border. -- After that infatuated and deluded sect have left our State they industriously propagated throughout the Union, the most exaggerated details of our difficulties and the foulest calumnies against our citizens. In some of our eastern cities, missionaries of their creed were employed daily in making converts to their cause by proclaiming the cruelty which they alleged they had endured at the hands of our authorities. The report of our alleged barbarities has not been confined to our Union, but even at this day in Europe they are made the ground work of proselyting, and their orators have it to their interest to distort the facts into a persecution, which in every religious excitement that has marked the history of the earth, has always been found the most effective method of conversions.
10 [Fifth Judicial District, State of Missouri] nt season of the year, driven the inhabitants of an entire county from heir homes, ravaged their crops and destroyed their dwellings. Under these circumstances it became the imperious duty of the Executive to [i]nterpose and exercise the powers with which he was invested, to protect the lives and property of our citizens, to restore order and tranquility to the country and maintain the supremacy of our laws. We owe to our reputation. both at home and abroad, the duty of cleansing every aspersion that may rest upon it. Our State character should be held equally as dear as our individual reputation and we should use the same exertion in maintaining the one as spotless as the other. Full testimony as to all the necessary facts of that controversy has been preserved or can easily be procured. Written evidence, on both sides, has been filed among the papers of your last session, forms part also of the records of several of your courts. The facts, as they occurred, can be presented to the world upon proof perfectly conclusive, and the reputation of our State can be rescued from reproach by an exposition of the true causes and events of these difficulties. In recommending the publication of this testimony, I have no care about its effect upon the principles of that sect. Our constitution has given us the high privilege of religious independence, and left the worship of the Supreme to the unfettered will of every member of the community. If true, the creed of that sect will ultimately triumph; if false, it will “die amidst its worshippers.'' To explain the attitude which we have been made to assume, I would recommend the publication of all the evidence relating to the occurence [sic] and distributing the same to the chief authorities of each State. Resolved by the Senate, the House of Representatives concurring : That two thousand copies of the evidence taken before the. examining court in relation to Mormon difficulties, and such of the letters orders and correspondence on that subject on file in the office of the Secretary of State, as may be selected by a joint committee of the two Houses, shall be published in pamphlet form, under the direction of the Secretary of State; that one copy, in lieu of the manuscript copies heretofore ordered, be sent to our delegation in Congress, to be laid before the Houses to which they respectively belong, one to each member of Congress, and the residue be distributed among the members of the General Assembly. Approved Feb. 16, 1841.
[Fifth Judicial District, State of Missouri] 11 CITY OF JEFFERSON, FEB. 17, 1841. To Jas. L. Minor, Secretary of State. The Joint Committee of the Senate and the House of Representatives, on the subject of the publication of the documents on file in you office, relating to the Mormon disturbances, respectfully request that you will furnish us with all the letters, orders, correspondence, paper, and documents in your office, relating to the origin, history, and termination of the difficulties with the Mormons in this State. Very Respectfully, Yours &c., WM. M. CAMPBELL, J. W. REDMAN, W. T. WOOD, J. B. THOMPSON. To Messrs Wm. M. Campbell, J. W. Redman, W. T. Wood, J. B. Thompson.} COMMITTEE.
Gentlemen:—In reply to your letter of this date on the subject of the letters, orders, correspondence, &c, in this office, relating to the origin &c. of the difficulties with the Mormons, I have the honor to state that the committee is now in possession of all such letters, &c. Very Respectfully,
City of Jefferson, Mo., Feb. 17, 1841. The joint committee of the General Assembly appointed to examine the documents, orders, evidence and correspondence in the office of the Secretary of Stale, in relation to the causes, origin, history and termination of the Mormon disturbances, have done so, and are of opinion that all such documents ought to be published under the resolution of the General Assembly, without suppressing any part thereof.
12 [Fifth Judicial District, State of Missouri] 4. All military orders of the Commander-in-Chief, and other military officers, and the correspondence in relation to the military operations against the Mormons. 5. The report of General Clark with the documents accompanying [sic] the same, and all the letters on file from Messrs Ryland, King, Ashby, Rees, Bogart and other citizens of this State. 6. All papers in relation to arms or other property taken from the Mormons. 7. All papers on file in relation to the indictment, escape and demand for the surrender of the Mormon Leaders. (The indictment need not be copied.) 8. The resolution to raise a joint committee at the former session of the General Assembly, the report of the committee, the resolutions adopted directing a bill to be reported to provide for the investigation of the Mormon disturbances, a copy of that bill, the fact of its passage by the Senate and its final rejection by the House of Representatives. 9. It is also the opinion that the Secretary of State should procure from the clerks of the circuit courts of Ray, Caldwell, Daviess and Boone, a general certificate as to who of the Mormons were indicted, for what crime, and what was the final disposition of such indictments, whether they were disposed of by trial or dismissed, or whether in any case a trail was prevented by the escape of the prisoner, or that forfeiture of his recognizance, or from any other cause, and the information thus obtained should be published. The committee believe the whole amount of matter to be published, should be arranged by the Secretary of State in the manner that he in his judgment may deem best, and that a table of contents, or brief index, should be prepared and accompany the same. The committee believe that, that portion of the copies to be published, which are required by resolution to be delivered to the members of the General Assembly, should be sent to the clerk's offices of the several conties [counties] in which they reside, for them, unless they should direct them to be sent in some other manner. WM. M. CAMPBELL, of the Senate. J. W. REDMAN, W. T. WOOD of the House of Representatives.- J. B. THOMPSON The difficulties which have taken place between the people called the Mormons, and the citizens of the adjoining counties, have recently assumed the most serious aspect, it was found necessary to call out a portion of the militia to quiet these disturbances, and to restore peace and order to the community. The troops engaged in this service (with the exception of a company or two retained as a guard over the prisoners) have been discharged. I have concluded to forbear making any further remarks on this
[Fifth Judicial District, State of Missouri] 13 subject at the present time, as the matter is now undergoing judicial investigation. I have directed the general officer who was placed in command of the troops raised for this service, to collect and embody all the facts in relation to the commencement, progress, and termination of this unfortunate affair, and report to me as early as possible, so that the subject may be placed before the Legislature. I shall avail myself of the earliest opportunity, after receiving his report, to lay the whole subject, before you, together with all the documents in relation to it in possession of the Executive. GENERAL ASSEMBLY OF MISSOURI, House of Representatives, Thursday, November 22, 1838. On motion of Mr. Geyer, it was Resolved, that. the Governor be requested to communicate to this house all the information in his possession in relation to the recent difficulties between the people called the Mormons, and a portion of the people of this State, copies of all orders issued by the Executive calling into service volunteers and militia, and for the government thereof, and for the conduct of the military operations, with copies of all correspondence in relation to said difficulties; and the military operations authorized by the Governor. [Extract from the Journal of the House of Representatives, Page 24.] The Governor to the General Assembly. City of Jefferson, December 5, 1838,
Gentlemen:-In compliance with a resolution of the House of Representatives of the 22 ulto. requesting the Governor to communicate to the House "all information in his possession in relation to the recent difficulties, between the people called Mormons and a portion of the people of this State, copies of all orders issued by the Executive calling into service volunteers and militia, and for the government thereof, and for the conduct of the military operations, with copies of all correspondence in relation to said difficulties, and the military operations authorized by the Governor:" I have now the honor herewith to transmit the information required, including Major General Clark's report, and a portion of the testimony taken upon the examination of the Mormon prisoners, before the Hon. Austin A. King, Judge of the fifth Judicial Circuit, at Richmond in Ray county. It will be seen from the report of General Clark that he has made arrangements to procure the residue of the testimony. which, when received, will be transmitted to the House.
14 [Fifth Judicial District, State of Missouri] As formidable as the insurgents were represented, and as they are now known to have been, still the number of troops ordered in this service may appear large. In detaching so many the Executive was influenced solely by a desire to prevent the effusion of blood. It appealed to me every way best to send such a force as would awe them into submission—a smaller number could undoubtedly have conquered and subdued the disaffected in combat but many valuable lives would have been lost; and I did not consider that I should truly reflect the wishes find opinions of the people, had I stopped to weigh the expenditure of a few thousands, against the best blood of the land. I received information of the partial interruption of the peace in De Wilt, Carroll county, whilst absent from the seat of government, but took no order on the subject, knowing that the officer in command of the militia of that division was fully authorized under the law, and had ample force to preserve the peace. It will be seen by the report of Major General Atchison, that measures were promptly adopted by him to meet the emergency. Immediately upon receiving intelligence of the last of the Mormon outrages, Generals Atchison and Lucas repaired to the scene of difficulty with a considerable force; although this movement was not directed by the Executive, and was unknown to him, it was justified by the circumstances [sic], and meets his fullest approbation. Much injustice, I have reason to believe, has been done to this part of the command by the public press, which it is hoped a thorough investigation will make manifest to the world. The conduct of Major General Clark has fully justified the high expectations entertained of him by the Executive, when he was assigned to this delicate and important command. Among the papers submitted, I am happy to lay before the House a voluntary tribute, from the principal men among the Mormons, to the humanity and kindness with which he had executed this disagreeable duty, and to the good conduct of his troops. The information transmitted under the call of the House of Representatives, supersedes the necessity of a special communication to both houses of the Legislature, which it was my intention to have made, as announced in my message at the opening of the session, and will, it is hoped, be taken as a redemption of that pledge. The undersigned therefore respectfully requests that the House of Representatives, at such time as they deem convenient and proper, will cause this communication, and the documents submitted, to be laid before the Senate, for the consideration of that body, I have the honor to be Most respectfully, Your obd't servant, LILBURN W. BOGGS.
[Fifth Judicial District, State of Missouri] 15 State of Missouri, County of Daviess. }ss.
Brunswick, September 1, 1838.
16 [Fifth Judicial District, State of Missouri] thentic data on which to act, but we are strongly of opinion that there is a deeply laid scheme existing among these fanatics, that will be highly destructive to character and at once subversive of the rights and liberties of the people. We have the best authority for believing that, in their public teaching their people are taught to believe and expect that immense number of Indians, of various tribes, are only waiting the signal for a general rise, when, as they state it, the "Flying or Destroying Angel," will go through the land, and work the general destruction of all that are not Mormons. It is not our object at the present to trouble you with a detail of all the reports in references to this affair, but we will state a case within our own knowledge, coming from a man who left the neighborhood to join the Mormons, and who, has the reputation among the citizens of Chariton county, for a number of years, as being a man of strict veracity. He has returned perfectly satisfied that their object is everything opposite to Christian feeling and principle.- The following statement which he makes, is given, at his own request, and under his own hand: "I have resided among the people called Mormons about five months, during which time I have had frequent opportunities of meeting with them, both in their public and private associations, and have sought every possible opportunity of acquiring information, I distinctly recollect hearing Joseph Smith, the prophet, state in a public discourse that he had fourteen thousand men, not belonging to the church, ready at a moment's warning which was generally understood to be Indians. It was a very common source of rejoicing among all classes even the women and children participating, That the time had arrived where all the wicked should be destroyed from the face of the earth, and that, the Indians should be the principal means by which this object should be accomplished. There is a common feeling amongst them, amounting to a conspiracy to protect one-another against the civil officers of the country, even if it should be attended with death. The public teachers have recently been very urgent in soliciting the people to f1y to their towns for protection, as the time had arrived when the “Flying Angel" should pass through the land, accompanied by the Indians, to accomplish the work of destruction, and furthermore stating that they will have enough to do to protect themselves whilst this work is going on." NATHAN MARSH. From the above facts, added to the general reports, we have with all due consideration thought proper to suggest to your Excellency the propriety of issuing orders to the militia, so that in case of necessity they may, be called on according to the exigency of circumstances. Your obd't servants, Daniel Ashby, James Keyte, Sterling Price.
[Fifth Judicial District, State of Missouri] 17 CARROLLTON, MISSOURI, SEPTEMBER 6, 1838. Hon. L. W. BOGGS, Governor of Missouri. SIR:-I am requested by the committee of safety appointed for Carroll county, to forward to your honor, a copy of an affidavit, made by John N. Sapp, the contents of which, they have every reason to believe are true; they wish your honor, if you should consider the same advisable, to acquaint the Indian agents on our frontier with that part of the affidavit which relates to the Indians.
State of Missouri County of Carroll.} I, John N. Sapp, do solemnly swear that I resided in Daviess county, State aforesaid, for about the space of five months, and was a member of the church of the people styled Mormons, and that I left them about the 15th day of August last by stealth. When I left them they (said people styled Mormons) were building block houses, and calculated this fall to build fortifications for the protection of themselves and families in time of war, for which they were making every arrangement, and the understanding is, that each man has to cultivate one acre of land, and if the produce raised on said acre is not sufficient for their maintainance [sic], and that of their families, they are to take the balance from the Missourians, (thereby meaning the people of other denominations;) and I do further say there are betwixt eight and ten hundred men, well armed and equipped, who have taken an oath to support Joseph Smith and Lyman Wight, in opposition to the laws of the State of Missouri, or otherwise, which said men are called Danites; and I was a member of said body of Danites, and have taken the above oath; and I do further say, I have heard Sidney Rigdon and Lyman Wight say, they had twelve men of their church among the Indian and that their object was to induce the Indians to join them (the said Mormons,) in making war upon the Missourians, and they expected to be fully prepared to commence war this fall, or next spring at furthest. And I also say, the Danites aforesaid, are sworn to cowhide any person or persons, who may say aught against Joseph Smith and Lyman Wight, and if that will not prevent them from speaking about said Smith and Wight, then they are to assassinate them.
18 [Fifth Judicial District, State of Missouri] In testimony whereof, I have hereunto set my hand, and affixed my private seal at office, there being no official seal yet procured, this 4th day of September, 1838 Joseph Dickson, Clerk. {L.S.}
Davies county, Sept. 12, 1838 To his Excellency, the Governor of the State of Missouri: We, the citizens of the counties of Daviess and Livingston, represent to your honor that a crisis has come, which we believe requires us, as the legitimate citizens of Missouri, to call on the Executive of State for protection. For several weeks past, the Mormons have been making formidable preparations for a civil war, and one which they are pleased to call a war of extermination. We presume that your honor is apprised of the attack made on Adam Black, Esq., on the 8th of August, by the Mormons, and shall not enter into a detail of it here, but we will apprise your honor that the Mormons have and keep a lawless armed force stationed in our country, and are constantly throwing out menaces, threats and challenges to our citizens. Influenced by fearful apprehensions of danger, we, the people of the above counties, sent an Express to Richmond last week for arms and ammunition, and on their return with their load of guns, say, forty-five, several kegs of powder and two hundred pounds of lead, they were intercepted on Sunday last, in passing through Caldwell county, by a banditti of those fanatical enthusiasts, made prisoners of, and taken to Far West, where they, the guard and the above munitions of war, are still held in custody. On Sunday last, an armed force of fifty Mormons left their own encampment in this county, and marched to the territory of Livingston County, for the purpose, as they said, of removing a considerable amount of property, which was subject to a lien, held by Mr. James Weldon; they passed into the settlement secretly, and falling in with a family which they suspected would alarm the settlement, they violently seized, and made prisoners of the whole family, which consisted of three men and two ladies, all of whom, with three others of our citizens, we believe are still held in the custody of those rebels, and deprived of their liberties. Our country, sir, is in a distressed situation; probably two-thirds of the families of Daviess County have left, and gone to seek protection among the neighboring counties, while a few of the old settlers are still here, and are determined only to surrender their houses with their lives. For about four weeks, we have been humbly and unceasingly petitioning our neighboring counties for aid, but we are yet in a helpless and defenseless condition.
[Fifth Judicial District, State of Missouri] 19 that your honor is well acquainted with the character of those people called Mormons, and believing that our lives, our liberties, our property and our all, are in the most imminent danger of being sacrificed by the hands of those impostorous [sic] rebels, earnestly call on your honor for assistance -- assistance we must have, or leave our homes and seek protection elsewhere. Most of us, sir, emigrated to these frontier counties before there were any settlements formed; we have had to encounter and have realized nearly all the difficulties incident to a new country; we have foregone the pleasures and the advantages of the old and well-settled counties, which we have left in anticipation of enjoying like blessings in these -- but, alas! Our anticipations are blasted, and unless we can get rid of those emissaries of the Prince of Darkness -- we and our families are ruined. We are, sir, your petitioners, The Citizens of Daviess and Livingston Counties. I, George F. Prichard, of the county of Daviess, do solemnly swear, that I had an interview with the Mormons who arrested the family in the territory of Livingston, above referred to, and saw three of the prisoners, and was informed by them, (the Mormons,) that they had the rest of the family under arrest, and that they intended to keep them, until they saw their own time to release them. George F. Prichard. Sworn and subscribe to before me, this 12th day of September, 1838. R. Wilson, Clerk of the Circuit Court of Daviess County. Head Quarters, 3d Div. Mo. Mi.
Sir:-From information received from the counties of Daviess and Caldwell, within the bounds of this Division, I am well convinced, that an insurrection does actually exist, and upon the urgent solicitations citizens of both counties, and also upon the petition of citizens of the adjoining counties, I have deemed it my: duty to order out an armed force to put down such insurrection, and to assist the civil officers in the execution of the laws; also to prevent, as far as possible, the effusion of blood, and to restore quiet, if possible, to the community. This I have done by the advice of the Judge of this circuit. I have ordered four companies, of fifty men each, from the Militia of Clay county, and a like number, from the Militia of Ray county. I have also ordered, four hundred men in addition, to hold themselves in readiness, if required. The troops ordered out are mounted riflemen, with the exception of one company of infantry, who are also mounted. Those troops will proceed immediately to the scene of excitement and insurrection. The
20 [Fifth Judicial District, State of Missouri] citizens of Daviess and Caldwell counties are under arms, so that it is deemed dangerous for peaceful citizens to pass through said counties. Citizens of other counties are flocking in to the citizens of Daviess county, and the Mormons are flocking to the assistance of the Mormons in those counties, so that from, the best information I can attain, there cannot be less than two thousand men in arms, without any legal authority, or pretext whatever, and it is very much feared, that if a blow is once struck, there will be a general conflict, the termination of which, God only knows. So soon as I arrive at the scene of insurrection or excitement, I will report to you forthwith by express. I have the honor to be, Your most obedient servant. [no signature] P. S. I have also required the services of Col. Wiley C. Williams, your aid, and much is expected from his influence and efficiency. HEAD QUARTERS OF THE MILITIA, ADJUTANT GENERAL'S OFFICE
SIR:- Indications of Indian disturbances on our immediate frontier,
and the recent civil disturbances in the counties of Caldwell, Daviess and Carroll, render it necessary as a precautionary measure, that an effective force of the militia be held in readiness, to meet either contingency. The Commander-in-Chief, therefore orders, that you cause to be raised immediately, within the limits of your Division, to be held in readiness, and subject to further orders, four hundred mounted men, armed and equipped as infantry or riflemen, and formed into companies according to law under officers already in commission.
[A similar letter was also addressed to Major Generals John B. Clark, Samuel D. Lucas, David Willock, Lewis Bolton, Henry W. Crowther and Thomas D. Grant.]
[Fifth Judicial District, State of Missouri] 21 To His Excellency, L. W. BOGGS, Governor of the State of Missouri. Your petitioner, William Dryden, an acting justice of the peace, within and for Daviess county, would respectfully represent, that the counties of Daviess, Caldwell and Livingston are settled, in part, by a denomination of people called Mormons. These Mormons, to the number of about fifteen hundred men, have associated themselves together, and have resisted, and do resist with force of arms, legal process against persons belonging to their denomination: Your petitioner further states, that on the 29th day of August last past, Adam Black appeared before me, and made oath, that Andrew Ripley, George Smith and others, had been guilty of a high offense, known to the law, in substance, as follows, to-wit: That on, or about the 8th day of August, 1838, in Daviess county, there came an armed force to his, (Black's house,) in said county, among whom, the said Ripley, Smith and other persons named in said affidavit, were a part, and then and there, with deadly weapons, made an assault upon him, (the said Black,) and then, and there, threatened him (Black, who was then an acting justice of the peace, within and for Daviess county aforesaid,) with instant death, if he did not sign a certain instrument writing, binding himself, as a justice of the peace of said county of Daviess, not to molest the people called Mormons, and threatened the lives of himself, (the said Black) and others, and said they intended to make every citizen of said county sign such obligation, &c.
22 [Fifth Judicial District, State of Missouri] Your petitioner further believes and represents, that the Mormons are so numerous, and so well armed, within the limits of the counties of Caldwell and Daviess, that the judicial power of the counties is wholly unable to execute any civil or criminal process within the limits of either of said counties, against a Mormon or Mormons, as they, each and every one of them, act, in concert, and out number the other citizens. They also declare, that they are independent, and your petitioner verily believes, that the Mormons hold in utter contempt, the institutions of the country in which they live. Your petitioner further represents, some time about the 8th of September last, that three individuals were arrested by the said Mormons, in Caldwell county, and held in custody, and your petitioner represents, that he believes, they are still in confinement, without any warrant of law. Your petitioner further represents that he verily believes, that no civil officer of the State, could cause to be executed any legal process within either of the said counties, aforesaid, to justice. To this end, your petitioner will ever pray, &c. William Dryden, Justice of the Peace, Daviess county. September 15th, 1838 Executive Department, City of Jefferson, Sept. 15, 1838.
Sir:-You will issue an order to Maj. Gen. Atchison, commanding the 3rd Division of the Militia of this State, and direct him to cause a sufficient force of the troops under his command, to aid the civil officers within the county of Daviess, in executing such writs of process as may be legally within the province of their respective duties, and especially, to furnish the officers charged with the service of the writ, mentioned in the foregoing petition of William Dryden, justice of the peace in Daviess county, with a force sufficient to enable him to execute said process, and bring the offenders to justice.
[Fifth Judicial District, State of Missouri] 23 [ORDER.]
Sir:-Information has recently been received by the Commander-in Chief, that the officers entrusted with the administration of the law within and for Daviess county, are wholly unable so to do, without the presence and assistance of an armed force. The Commander-in-Chief, therefore orders, that without delay, you cause to be raised a sufficient force of the troops under your command, and with said troops, aid the civil officers within and for said county, to execute, all writs, and other process, with the service of which, they may be charged; and your are especially directed, with said sufficient force, to aid and assist the officer charged with the execution of certain writ, issued by William Dryden, a justice of the peace within and for said county, on the 29th of August last past, for the arrest of Andrew Ripley, George Smith, and others, named in said writ, to execute the same, and bring the offenders to justice.
[ORDER.]
Sir:-You will cause your company to be held in readiness and mounted, each man with ten day's provisions, and the necessary arms and ammunition, to proceed, immediately upon the order of the Governor, with him to the scene of difficulty, in the counties of Daviess and Caldwell. Your action upon the subject is required to be immediate and prompt.
24 [Fifth Judicial District, State of Missouri] [ORDER.]
Sir:-On the 30th ultimo, an order was directed to you to cause four hundred mounted men to be raised and held in readiness, subject to further orders from the Commander-in-Chief. Information has just reached the Executive, that an insurrection actually exists in the counties of Daviess and Caldwell. You will, therefore, march immediately with the number of men ordered from your
Division, to the scene of difficulties, and co-operate with Gen. Atchison and other officers in restoring quiet to the country, and suppressing the insurrection. Each man will furnish himself with at least ten day's provisions, and the necessary arms and ammunition. Your action on this subject is required to be prompt and immediate. You will, of course, give the preference to volunteer companies already organized, that are subject by law to be ordered out en masse.
Headquarters, 1st Brigade, 3d Division Missouri Militia. Sir:-In pursuance of your orders, dated 11th instant, I issued orders to Colonel William A. Dunn, commanding the 28th regiment, to raise four companies of mounted riflemen, consisting of fifty men each; also to Colonel John Boulware, commanding 70th regiment, to raise two companies of mounted riflemen, consisting each of like number, to start forthwith for service in the counties of Caldwell and Daviess. "On the same day Colonel Dunn obtained the four companies of volunteers required from the 28th regiment, and on the morning of the 12th I took the command in person, and marched to the line of Caldwell, at which point I ordered the colonels to march the regiments to the timber on Crooked River. I then started for Far West, the county seat of Caldwell, accompanied by my aid alone. On arriving at that place, I found
[Fifth Judicial District, State of Missouri] 25 Comer, Miller, and McHoney, the prisoners mentioned in your order. I demanded of the guard who had them in confinement to deliver them over to me, which was promptly done. I also found that the guns that had been captured by the sheriff and citizens of Caldwell had been distributed and placed in the hands of the soldiery and scattered over the country; I ordered them to be immediately collected and delivered up to me. I then sent an express to Colonel Dunn to march the regiment by daylight for that place, where he arrived about seven a. m., making forty miles since ten o'clock a. m. on the previous day. "When my command arrived the guns were delivered up, amounting to forty-two stand; three stand could not be produced, as they had probably gone to Daviess County. I sent these guns under a guard to your command in Ray County, together with the prisoner Comer; the other two being citizens of Daviess, I retained, and brought with me to this county, and released them on parole of honor, as I conceived their detention illegal. "At eight o'clock a. m. we took up the line of march and proceeded through Millport in Daviess County, thirty-seven miles from our former encampment, and arrived at the camp of the citizens of Daviess and other adjoining counties, which amounted to between two and three hundred, as their commander, Dr. Austin, of Carroll, informed me. Your order requiring them to disperse, which had been forwarded in advance of my command, by your aid, James M. Hughes, was read to them, and they were required to disperse. They professed that their object for arming and collecting was solely for defense, but they were marching and countermarching guards out; and myself and others who approached the camp were taken to task and required to wait the approach of the sergeant of the guard. I had an interview with Dr. Austin, and his professions were all pacific. But they still continue in arms, marching and countermarching. "I then proceeded with your aid, J. M. Hughes, and my aid, Benjamin Holliday, to the Mormon encampment commanded by Colonel Wight. We held a conference with him, and he professed entire willingness to disband, and surrender up to me every one of the Mormons accused of crime, and required in return that the hostile forces, collected by the other citizens of the county, should also disband. At the camp commanded by Dr. Austin I demanded the prisoner demanded in your order, who had been released on the evening after my arrival in their vicinity. "I took up line of march and encamped in the direct road between the two hostile encampments, where I have remained since, within about two and a half miles of Wight's encampment, and sometimes the other camp is nearer, and sometimes farther from me. I intend to occupy this position until your arrival, as I deem it best to preserve peace and prevent an engagement between the parties, and if kept so for a few days they will doubtless disband without coercion. I have the honor to be, yours with respect, A. W. DONIPHAN, Brig. Gen. 1st Brig. 3d Div Mo. Mi.
26 [Fifth Judicial District, State of Missouri] Headquarters 3d Division Missouri Militia,
Sir:-I arrived at the County seat of this county, Daviess, on the evening of the 15th instant, with the troops raised from the militia of Ray County, when I was joined by the troops from Clay County under the command of General Doniphan. In the same neighborhood I found from two to three hundred men in arms, principally from the counties of Livingston, Carroll, and Saline. These men were embodied under the pretext of defending the citizens of Daviess County against the Mormons, and were operating under the orders of a Dr. Austin from Carroll County. The citizens of Daviess, or a large portion of them, residing on each side of Grand River, had left their farms and removed their families either to the adjoining counties or collected them together at a place called the Camp Ground. The whole county on the east side of Grand River appears to be deserted, with the exception of a few who are not so timid as their neighbors.
[Fifth Judicial District, State of Missouri] 27 Head Quarters, 3 Div. Mo. Mi. Liberty, September 20th 1838. } Sir:-The troops ordered out for the purpose of putting down the insurrection supposed to exist in the counties of Daviess and Caldwell were discharged on the 20th instant, with the exception of two companies of the Ray militia, now stationed in the county of Daviess, under the command of Brigadier General Parks. It was deemed necessary in the state of excitement in that county that those companies should remain there for a short period longer, say some twenty days, until confidence and tranquillity [sic] should be restored. All the offenders against the law in that county, against whom process was taken out, were arrested and brought before a court of inquiry, and recognized to appear at the circuit court. Mr. Thomas C. Birch attended to the prosecuting on the part of the State. The citizens of other counties who came in armed to the assistance of the citizens of Daviess County, have dispersed and returned to their respective homes, and the Mormons have also returned to their homes; so that I consider the insurrection, for the present at least, to be at an end. From the best information I can get there are about two hundred and fifty Mormon families in Daviess County, nearly one half of the population, and the whole of the Mormon forces in Daviess, Caldwell, and the adjoining counties, is estimated at from thirteen to fifteen hundred men, capable of bearing arms.
28 [Fifth Judicial District, State of Missouri] immediate cause of the disturbance in Daviess county, and also Judge King has given a detail of facts as far as he could learn them; I send you copies of Judge King's communication to me, upon the subject of ordering out a military force; also a petition from the citizens of Ray county, I was also urged to take that step by the citizens of the most respectable classed in the county of Clay, and was urged to it by the citizens of Daviess county, also of Caldwell county; from all which representations. I deemed it my duty to order out all the military forces and I have now no doubt of the propriety of the measure; it has prevented blood from being shed, for the present, and I am in hopes for the future. It has convinced the Mormons that the law will be inforced [sic], and other citizens that it can be enforced, and is ample to redress all grievances. The Mormons of Daviess County, as I stated in a former report, were encamped in a town called Adam-ondi-ahman, and are headed by Lyman Wight, a bold, brave, skillful, and I may add, a desperate man; they appear to be acting on the defensive, and I must further add, gave up the offenders with a good deal of promptness. The arms taken by the Mormons, and prisoners, were also given up upon demand, with seeming cheerfulness. Your order in relation to raising five hundred mounted men, will be attended to with promptness. I have the honor to be, &c., David R. Atchison, Maj. Gen. 3 Div. Mo. Mi. RICHMOND, Sept. 10, 1838. DEAR SIR:-Since my letter to you, on yesterday, I have received divers and sundry communications from Grand River, all going to show that the people in that quarter, on both sides, need protection, and nothing but an armed force can do it.
[Fifth Judicial District, State of Missouri] 29 useless, for the mischief will be done before he could act. Please advise me of your determination by the bearer; I will cordially co-operate with you, when you may require it. Respectfully. AUSTIN A. KING. Gen. David R. Atchison. DEAR SIR:-The undersigned are fully impressed with a belief, that there is an insurrection on foot, in the counties of Caldwell and Daviess, in this State, between the Mormons and other citizens of this State. The citizens of Daviess have a Mormon in custody as a prisoner, who they took as a spy; and the Mormons in Caldwell have three men, to-wit: John Comer, Wm. McHany and Allen Miller, taken and confined as prisoners. They were, taken in passing from Ray through Caldwell to Daviess. The undersigned, therefore, earnestly request you order out the militia, to suppress this insurrection, and to save the effusion of blood, which must speedily take place unless prevented. H. W. Lile, G. B. Thacken, Jesse Coates, Anderson Martin, Wade Hall, John McGee, P.R. Wirt, Geo. Woodward, W. C. Williams, Jas. S. Ball, J. W. Wall, A. B. Sherwood, Isaac Manson, Lewis L. Jacoby, Joel Jacobs, A. H. Ringo, John N. Hughes, Jacob Riffe, Allen Ball, Meril M. White, James Johnson, J. R. Hendley. Houston Long, W. P. Boyce, C. R. Morehead, W. C. Pollard, Nathan Conner, Sept. 10, 1838. S. L. D. W. Shaw. DE WITT, Carroll county, State of Missouri, Sept. 22, 1838. To His Excellency, LILBURN W. BOGGS, Governor of the, State of Missouri. Your petitioners, citizens of the county of Carroll, do hereby petition your Excellency, praying for relief: That whereas, your petitioners have, on the 20th inst., been sorely aggrieved, by being beset by a lawless mob, certain inhabitants of this and other counties, to the injury of the good citizens of this and the adjacent places; that on the aforesaid day, came from one hundred to one hundred and fifty armed men, and threatened, with force and violence, to drive certain peaceable citizens from their homes, in defiance of all law, and threatened then
30 [Fifth Judicial District, State of Missouri] to drive said citizens out of the county, but on, deliberation, concluded to give them, said citizens, till first of October next to leave said county, and threatened, if not gone by that time, to exterminate them, without regard to age or sex, and destroy their chattels, by throwing them in the river. We therefore, pray you to take such steps, as shall put a stop to all lawless proceedings; and we, your petitioners, will ever pray, &c. &c. to drive said citizens out of the county, but on deliberation concluded to give them, said citizens, till the first of October next to leave said county; and threatened, if not gone by that time, to exterminate them, without regard to age or sex, and destroy their chattels by throwing them in the river. "We therefore pray you to take such steps as shall put a stop to all lawless proceeding; and we your petitioners will ever pray, etc. "Benj. Kendrick. Smith Humphrey. Franklin N. Thayer. "H. G. Sherwood. John Tilford. Dudley Thomas, John Kendrick. Wm. P. Lundow. John Murdock, James Valance. G. M. Hinkle, Thos. Dehart. Albert Loree. Francis Brown. Jabez Lake. D. Thomas H. M. Wallace. Samuel Lake. (no Mormon). Asu Manchester. Wm. Winston Nathan Harrison. John Clark. Elizabeth Smith. Thos. Hollingshead. Henry Root. Asa W. Barnes A. L. Caldwell. Elijah T. Rogers. Rufus Allen. John Dougherty. Ezekiel Barnes. Moses Harris. D. H. Barns. Perry Thayer. Wm. S. Smith. B. B. Bartley. James Hampton. Jonathan Harris. Robert Hampton. Wm. J. Hatfield. Jonathan Hampton. Oliver Olney. George Peacock. John Thorp. Daniel Clark. H. T. Chipman. John Proctor. David Dixon. James McGuin. Benj. Hensley. OFFICE OF SECRETARY OF STATE,
SIR:-The accompanying two letters, or reports, from Major General Atchison, and Brigadier General Doniphan, on the subject of the Mormon difficulties, the former directed to your Excellency, and the latter from General Doniphan to General Atchison, have just been received by express; deeming them of sufficient importance to justify sending them to you by express, I have engaged Jesse B. Barber, Esqr., for that purpose, who will leave some time to-night, or very early in the morning.
[Fifth Judicial District, State of Missouri] 31 Liberty, Sept. 23, 1838. To His Excellency, the Commander-in-Chief. SIR:-Your order through the Adjutant General, of the 15th inst., was received on the 22nd inst. Your Excellency will perceive from a former report, that an armed force was ordered out under my Command, from the militia of the third Division, to put down an insurrection supposed to exist in the Counties of Caldwell and Daviess, and to assist the civil officers in the Counties to bring offenders to trial, and otherwise enforce the laws. I now again inform your Excellency, that all offenders against the laws in these counties, against Whom process was issued, and particularly the persons in the writ named, issued by William Dryden, a Justice of the peace for the county of Daviess, were brought before a court of inquiry, and recognized to appear at the Circuit Court; and Brigadier General Parks was left in said county of Daviess, with two companies, of fifty men each, for the purpose of enforcing the laws, under the direction of the civil officers, and from the facts as far as I could learn them, one hundred men were amply sufficient for all purposes of enforcing law, keeping down insurrection, &c.
[ORDER,] HEAD QUARTERS OF THF MILITIA, Jonesborough, Sept. 24, 1838. } MAJOR GEN. JOHN B. CLARK, 1st Div. Mo. Mi. Sir:-The Commander-in-Chief, having this morning received information, by express, that the civil disturbances in the counties Daviess and Caldwell have been, quieted, and order restored to the community; he therefore orders that the troops under your command destined for that service be immediately discharged.
[A similar letter was also sent to Major Generals H. W. Crowther, S. D. Lucas, and Lewis Bolton]
32 [Fifth Judicial District, State of Missouri] Head Quarters, 2nd Brig. 3rd Div. Mo. Mi. Mill Port, Sept, 25, 1838. } His Excellency, Lilburn W. Boggs, Commander-in-Chief. SIR:- I received this morning, after my return from a tour in the upper part of this county, with a detail of the troops under my command, in assisting the constable in bringing offenders against the laws to justice, your dispatch to Major General Atchison, which I took the liberty to open. The Major General left here with the troops from Clay and Ray, except two companies from Ray ordered to remain under my command, on the 18th inst.; since that time I have been employed in assisting the peace officers to execute laws, and in bringing offenders to justice. I am happy to inform you that there is not any necessity to use a larger force here at present; that now under my command I deem amply sufficient for the present purpose; should occasion require it, I have thought I could detach a sufficient force from the Brigade under my command. Whatever may have been the disposition of the people called Mormons, before our arrival here, since we have made our appearance they have shown no disposition to resist the laws, or of hostile intentions.
[Fifth Judicial District, State of Missouri] 33 prevailed upon to return to their homes, and left directions with me to see that they had done so. I have the honor to say to you, that duty has been promptly attended to, all of which I have advised General A. thereof. I have thought it necessary to be thus minute in detailing to you our operations since we took the field; for further particulars I beg your Excellency may refer to the Major General, who I doubt not will communicate to you all the information in his possession; in the mean time, I assure you that any orders, given by you, or the Major General relative to this matter, shall be, promptly attended to. I have the honor to remain, your obd't servant, H. G. PARKS, Brigadier General P. S. Since writing the above, I received information that if the committee do not agree, the determination of the Daviess County men is to drive the Mormons with powder and lead; should any further measures take place, of importance, I will immediately advise the Major General of the Division thereof.
HEAD QUARTERS, 2d Brig. 3d Div.
MAJOR GENERAL ATCHISON. DEAR SIR:-I received this morning a dispatch from the Governor directed to you, which I took the liberty to open and advise you thereof. You will see by the letter of the Commander-in-Chief that he is brining into the field a large body of troops, as I understand, under command of four Major Generals. I have thought it my duty to advise the Commander in-Chief that I deemed the forces now under my command amply sufficient to preserve tranquility and enforce the laws. Since my last to you by Mr. Stone, I have been at this place, employed in fulfilling the orders left by you. I am happy to be able to state to you, that the deeper excitement existing between the parties has in a great degree ceased, and so far I have had no occasion to resort to force, in assisting the constables. On to-morrow a committee from Daviess County meets a committee of the Mormons at Adam-ondi-ahman, to propose to them to buy or sell, and I expect to be there. On Saturday the 29th inst. there are fifteen or twenty of the Mormons cited to trial at Gallatin, where, Lyman Wight has pledged himself to me, they will attend. The officers and men are all in good health at present, and have been actively employed in the above duties. I have this moment heard a threat, thrown out by the men of this county, that should the above measures fail, their intention is to drive the Mormons with powder and led from this county. How far such a measure
34 [Fifth Judicial District, State of Missouri] will be executed I know not, but I will exercise my utmost vigilance in this affair, and advise you thereof, from time to time. I remain, your obd't servant, H. G. Parks, Brig. Gen. Liberty, September 27, 1838.
Sir:-I received a communication by express on the 26th inst., together with a report from Brigadier General Parks, who is in command of the troops, left by me in Daviess county. I have made two reports to your Excellency, one sent by Maj. Rogers, and the other by mail, neither of which I presume your Excellency has received; one dated the 17th of September, the other the 20th of September. The force under General Parks is deemed sufficient to execute the laws and keep the peace in that county, things are not so bad in that county as represented by rumor, and in fact from affidavits I have no doubt your Excellency has been deceived by the exaggerated statements of designing or half crazy men. I have found there is no cause of alarm on account of the Mormons; they are not to be feared; they are very much alarmed. I transmit a report made to me by General Parks, dated 25th of September, and from that report I learn that the General has reported to your Excellency. Boonville, Mo., October 4, 1838. Dear Sir:—As we passed down the Missouri River, on Monday last, we saw a large force of Mormons at De Witt in Carroll county, under arms. Their commander, Col. Hinkle, formerly of Caldwell county, informed me that there were two hundred, and that they were hourly expecting an attack from the citizens of Carroll county, who, he said, were then encamped only six miles from there, waiting for a reinforcement from Saline county. Hinkle said they had determined to fight. News had just been received at this place, through Dr. Scott of Fayette, that a fight took place on yesterday, and that several persons were killed. Dr. Scott informed me that he got his information from a gentleman of respectability, who had heard the firing of their guns as he passed down. If a fight has actually taken place, of which I have no
[Fifth Judicial District, State of Missouri] 35 doubt, it will create excitement in the whole upper Missouri, and those base and degraded beings will be exterminated from the face of the earth. If one of the citizens of Carroll should he killed, before five days I believe that there will be from four to five thousand volunteers in the field against the Mormons, and nothing but their blood will satisfy them. It is an unpleasant slate of affairs. The remedy I do not pretend to suggest to your Excellency. My troops, of the 4th Division, were only dismissed subject to further orders, and can be called into the field at an hour's warning. In haste, I have the honor to be, Your most ob't serv't. SAMUEL D. LUCAS. Sir:—I have just received by express, a communication from Brig. Gen. Parks, a copy of which I herewith transmit. It seems, sir, that the Mormon difficulties are not brought to a close. In Carroll county the citizens arc in arms. for the purpose of driving the Mormons from that county. I have authorized Gen. Parks, if he deems it necessary, to call for the troops raised in the 1st Brigade, 3d Division, under the order from your Excellency, or as many of them as are deemed necessary. The following is a copy of Gen. Parks' communication: HEAD QUARTERS, 2d Brig. 3d Div. Richmond, Oct. 3, 1838. } DEAR Sir.:—I received this morning an affidavit from Carroll county. The following is a copy:
36 [Fifth Judicial District, State of Missouri] made on said place, I have ordered out the two companies raised by your order, to be held in readiness under the command of Capts. Bogart and Houston, to march for De Witt, in Carroll county, by 8 o'clock tomorrow morning, armed and equipped as the law directs, with six day's provisions and fifty rounds of powder and ball. I will proceed with these troops in person, leaving Col. Thompson in command on Grand River. As soon as I reach De Witt I will advise you of the state of affairs more fully. I will use all due precaution in the affair, and deeply regret the necessity of this recourse. H. G. PARKS, Brig. Gen. 2d Brig. 3d Div. P. S. I will thank you to write me by Mr. Wade, and give me any advice you may deem necessary in this affair.
Yours, &c. The undersigned committee were appointed at a public meeting, by the citizens of Chariton county, on the 3d day of October, inst., for the purpose of repairing to De Witt, in Carroll county, to inquire into the nature of the difficulties between the citizens of Carroll and the Mormons. We arrived at the place of difficulties on the 4th of October inst., and found a large portion of the citizens of Carroll and the adjoining counties, assembled near De Witt well armed. We inquired into the nature of the difficulties. They said that there was a large portion of the people called Mormons, embodied in De Witt from different parts of the world. They are unwilling for them to remain there, which is the cause of their waging war against them. To use the gentleman's language, they are waging a war of extermination, or to remove them from the said county. We also went into De Witt, to see the situation of the Mormons. We found them in the act of defense, begging for peace, and wishing for the civil authorities to repair there as early as possible, to settle the difficulties between the parties.
[Fifth Judicial District, State of Missouri] 37 Brigade Head Quarters, 5 miles from De Witt, Carroll county, October 7, 1838. Gen. David R. Atchison. Sir:—Immediately after my express to you, by Mr. Warder, was sent, I proceeded to this place, which I reached yesterday with two companies of mounted men from Ray. I ordered Col. Jones to call out three companies from this county to hold themselves in readiness, to join me at Carrollton on the 5th inst., which order has not been carried into effect. None of the Carroll regiment is with me. On arriving in the vicinity of De Witt. I found a body of armed men, under the command of Doctor Austin, encamped near De Witt, besieging that place, to the number of two or three hundred, with a piece of artillery, ready to attack the town of De Witt on the other side. Hinkle has in that place three or four hundred Mormons to defend it, and says he will die before he is driven from thence. On the 4th inst. they had a skirmish—fifteen or thirty guns fired on both sides—one man from Saline wounded in the hip. The Mormons are at this time too strong, and no attack is expected before Wednesday or Thursday next, at which time Dr. Austin hopes his forces will amount to five hundred men, when he will make a second attempt on the town of De Witt, with small arms and cannon.
38 [Fifth Judicial District, State of Missouri] boys; he need not order out any forces, those already ordered by me I deem sufficient. Yon know a word from his Excellency would have more power to quell this affair than a regiment. Should he come, which I hope he will, for this is no little affair, he will be able to take such Steps as may be deemed by him right and necessary to settle this matter. I have the honor to remain, Your obedient servant, H. G. PARKS, Brig. Gen, Com. Boonville, Oct. 9, 1833. To the Commander-in-Chief. SIR:—Enclosed you will receive a communication from Gen. Parks, which I deem my duty to forward to your Excellency. I have required Gen. Doniphan with the troops from Clay, Clinton and the Platte, to co-operate with Gen. Parks; I have also instructed Parks to prevent armed Mormons from marching to De Witt, and also to send back or take into custody, all the Mormons from Caldwell county, who may be found in arms in Carroll county; also to disperse, all armed bands of citizens from other counties found in Carroll.
I have also suggested to Parks to urge it upon the Mormons in Carroll county to sell out and remove elsewhere, and also to urge the citizens to make the proposition to buy. I have no doubt but your Excellency, if you should deem it your duty to proceed to Carroll county, could restore peace. I would have forwarded this communication by express, but was informed that you were at St. Louis. It is therefore sent by mail. If you deem it necessary to proceed to Carroll county, I would respectfully suggest that it should be done as quick as possible.
[Fifth Judicial District, State of Missouri] 39 Boonville, Oct. 16, 1838. To His Excellency, L. W. Boggs. SIR:—From a communication received from Gen. Parks, I learn that the Mormons in Carroll county have sold out and left, consequently every tiling is quiet there, but Parks reports that a portion of the men from Carroll county, with one piece of artillery, are on their march for Daviess county, where it is thought the same lawless game is to be played over, and the Mormons to be driven from that county and probably from Caldwell county. Nothing, in my opinion, but the strongest measures within the power of the executive, will put down the spirit of monocracy.
Boonville, Oct. 9, 1838. To His Excellency, L. W. Boggs. SIR:—Since I wrote to you, I have received the enclosed information in relation to the Mormon difficulty. The names subscribed to the enclosed paper are worthy, prudent and patriotic citizens of Howard county, and I am persuaded nothing but a case of absolute necessity to protect their friends would induce them to engage as they have done.
I regret exceedingly that your Excellency received information, making it necessary to discharge the troops you had on the march. Nothing but some such step, in my opinion, will ever settle the affair. I hope; your Excellency will write to me on the receipt of this.
40 [Fifth Judicial District, State of Missouri] Camp near De Witt, Oct. 7, 1838. To the Citizens of Howard County. Gentlemen: This county is the theater of a civil war, and will soon be one of desolation, unless the citizens of the adjoining counties lend immediate assistance. The infatuated Mormons have assembled in large numbers in De Witt, prepared for war, and are continually pouring in from all quarters where these detestable fanatics reside.
I, the undersigned, Adam C. Woods, a citizen of Howard County, do certify, that on the 6th day of October, 1838, in company with Capt.
[Fifth Judicial District, State of Missouri] 41 Congrave Jackson and others of Howard County, hearing of the Mormon difficulty at De Witt, concluded to go up there, and did go to interpose our good offices and make peace between them and the citizens. When we reached there on last evening we found under arms in a mile or thereabouts of De Witt, about two hundred citizens encamped and sentinels out. I did not go into De Witt. I was advised not to go in, fearing that I would be injured. I was informed and believe the information to be true, that the Mormons at De Witt are between five and six hundred, well armed. I remained on last night in the camp of the citizens, intending on this morning to go in town and endeavor to make peace, but about midnight the Mormons commenced firing on the sentinels placed out by the citizens, which was returned. There was occasional firing at a distance until day. From the above occurrences we were deterred from making any attempt with the Mormons for peace, and I left on this day about 10 o'clock in the morning. Oct. 7, 1838. Elk Horn, Ray Co, Mo., Oct. 13, 1838. To His Excellency L. W. Boggs. Dear Sir:- I avail myself of this opportunity to inform you [of the] present deplorable condition of our country. I arrived home last night of the 2nd tour of duty to suppress insurrection, when the first campaign closed on Grand River and the public was informed that peace was restored. The citizens who lived in Daviess and the adjoining counties knew and expressed themselves that the Mormons were determined to drive the citizens from Daviess County which the Mormons have since expressed. The lives of the people of Daviess have been threatened. Many of them have fled for safety to the adjoining Cos. Whenever we meet a Mormon he is armed in best manner and continually throwing out his threats. Next we were ordered to De Witt in Carroll County under Gen. H. G. Parks. When we arrived at Carrollton we were informed that the people of Carroll and the Mormons, who were mostly Canadians, were assembled in a mile of each other, ready for battle. We were also told the Mormons of Caldwell were on their way to De Witt, 100 more expected to pass down that night. I went to Gen. Parks and requested him to permit me to move my company on that road and prevent their passing, but he refused and we lay there that day and till midnight at which time W. C. Williams came to the camp and told us the Mormons were passing from Caldwell. I paraded my company and marched to the Mormon road, leaving Parks in Carrollton
42 [Fifth Judicial District, State of Missouri] (d***k) [drunk] incapable of knowing what was going on. The Mormons passed before I reached the road. The next day Parks overtook us with the balance of the troops. We moved down near De Witt & encamped two days without making one effort to disperse either party. I visited De Witt in company with Parks, Dr Ellis, McGee and several others, and on the public highway some half mile from the town we were met by a Mormon from Far West, who cocked his gun, presented it at me, and commanded us to stop. This is a common thing with them in this country; the public highways are guarded. Gen. Parks returned home with his command, leaving over 200 Mormons well armed in Carroll Co, who came from Caldwell after being expressly ordered by Major Gen. Atchison to disperse them at all hazards. The people of Carroll and the Mormons have made a compromise. The Mormons are moving West. It is supposed they intend pushing the citizens out of Daviess. That county is in a state of great agitation, great excitement prevails here. The Daviess & Livingston Co people, and many from others, are on their way to Daviess County with one field piece, with the determination to prevent their settling in that county at all hazards. If there is not some effective means taken to settle this difficulty, much blood will be spilt soon. It will require a strong force. Too many of our officers are seeking popularity with the Mormons, supposing their votes in time will be of some service to them. You may rest assured times grow worse & worse here. The Mormons embody themselves, keep out guards, and refuse to let any person see their forces. Had you proceeded on to Daviess County you could easily have convinced yourself the state of things which are desperate in the extreme. You will no doubt be called on. I hope you will take steps to make a final settlement of this matter. If it is not soon done, our country is ruined. Your ob't. servant, Samuel Bogart, Capt. in the late Volunteers October 21, 1838. I, William Morgan, Sheriff of Daviess County, do certify, that on the 18th day of this instant, as I was going to Gallatin, I saw five men ride off from the store of Jacob Stollings, and on walking fifty or sixty yards further I perceived the house was on fire; I ran to the house where the clerk of the store boarded, say one hundred and fifty yards from the store, and found no one there. Whilst standing there, I saw two other men ride by the store and make no stop, I then expected it was Mormons. On going home, one mile from town, I then learnt that the Mormons had driven off the clerk and had fired the store. Since that they
[Fifth Judicial District, State of Missouri] 43 (the Mormons) have ordered almost all the citizens of the county to leave, and they, myself for one, have moved our families to Livingston county. Our county is in a desperate situation; they arc burning and driving as they go. It is reported by a prisoner that they turned loose last night, that they were to burn Mill Port, and I have no doubt of that being the fact. I remain, yours with respect, WILLIAM MORGAN.
Affidavit of Philip Covington. State of Missouri, County of Daviess. } ss. I, Philip Covington, an acting Justice of the Peace within and for said county, do certify, that on the 18th inst., one hundred or more Mormons marched to Gallatin and drove the Citizens from said place, then robbed the store and post office, and burned said store and office. On the 20th of this instant, twenty-five armed Mormons came to my house, and gave me orders to leave the county against next morning, or they would be upon me and my family. Myself with many other citizens have left the county. They are now robbing and burning the dwellings of the defenceless [sic] citizens. Given under my hand, his 22d day of September, 1838. Philip Covington, J. P.
Daviess Co, Mo., Oct. 21, 1838. To his Excellency, the Governor of the State of Missouri SIR: - I deem it my duty, made so not only from the law, as an officer, but also as an individual, to report and make known to your Excellency the unheard of & unprecedented conduct and high handed proceedings of the Mormons of this & Caldwell Counties towards the other citizens of this county, being myself one of the sufferers. On Monday the 15th inst. we learned that the Mormons were collecting in Far West for the purpose of driving what they term the mob from this county, by which we understand the citizens that were not Mormons. And accordingly they have come & their worst apprehensions have been already fulfilled.
44 [Fifth Judicial District, State of Missouri] office; have driven almost every individual from the county, who are now flying before them with their families, many of whom have been forced out without necessary clothing; their wives and little children wading in many instances, through the snow without a shoe. When the miserable families are thus forced out, their houses arc plundered and burned; they are making this universal throughout the county. They have burned for me two houses; and sir, think this not exaggeration, for all is not told; and for the truth of all and every statement here made, I pledge the honor of an officer and gentleman. These facts are made known to you, sir, hoping that your authority will be used to stop the course of this banditti of Canadian refugees, and restore us to our lost homes. I neglected to state, that among the rest, our County Treasurer's Office has been also burned. I will only ask, in conclusion, can such proceedings be submitted to in a government of laws? I think not, and must answer my interrogatory--no, notwithstanding the political juggling of such men as David R. Atchison and some others, whose reports and circulations, selling the conduct and character of the Mormons favorably before the community, are believed by the people of this county to be prompted by the hope of interest or emolument. I am yours, sir, With due regard, WM. P. PENISTON, Col. 60th Reg. 2d Brig. 3d Div. Mo. Mi. P. S. Since writing the above, I have procured the testimony, on oath, of some six or eight persons, corroborating with my statement, which accompanies this.
This is to certify, that I was called upon last night to wait upon a lady who was about to increase her family: she had travelled [sic] as she told me about eight miles in labour to get from the Mormons, who were engaged in driving off the people from their homes, giving them only about three days notice, plundering and robbing their houses. The lady alluded to above, Mrs. Smith by name, stopped on the camp ground on the east of Daviess county, where she increased her family. There was another lady who stopped on the camp ground, whose baby was but four days old.
[Fifth Judicial District, State of Missouri] 45 from White's must have been considerable, as they fed about two hundred horses, leaving on the ground where they fed a great deal of oats, &c. Given under my hand, this 22nd October. 1838. SAMUEL VENABLE. I certify that the above is a true copy of the instrument given, sworn to, and subscribed before me on 22nd of this inst. this 22nd October, 1838.
Jonathan J. Dryden, after being duly sworn, deposeth and saith: that on the 21st day of October, 1838, he was taken as a prisoner by the persons called Mormons from his own house, sick with the fever, and carried him about one mile, and released him upon the account of his health; and while in custody, he was told by them they had applied to the Governor divers of times for protection, and he had never sent them any assistance, and now they had taken the law in their own hands and they intended to have the thing settled, because they believe the Governor to be as big a mob man as any of them; and the plunder which they were now taking wais to pay them back for property which they had lost in Jackson county, when they were driven from there, and further this affiant saith not.
The above sworn and subscribed before me, this 22nd day of this instant.
James Stone, after being duly sworn, deposeth and saith: that on the 20th day of October, 1838, the people called Mormons came to his house, and told him if he did not leave Daviess county, against next morning, at sunrise, that they would take his head with their sword, and drew their sword and waved it at him, and said they would take his heart's blood if he did not leave the county, and then this affiant took them at their work, and left his house at ten o'clock in the night, he and two other men; and went back next morning and his house was robbed; and this affiant saith, on the 21st day, inst. that he, with several other men, saw the said people called Mormons, herding a number of cattle, he amount not known, he supposed to be about two acres of ground covered, and they looked at them, until they started them towards Caldwell county, and further this affiant saith not.
46 [Fifth Judicial District, State of Missouri] I, Thomas J. Martin, after being duly sworn do testify upon oath that whereas I was returning from meeting on the 21st day of Oct 1838 in Livingston County, I was intercepted and taken prisoner by the body of people called Mormons, which presented their guns and told me that I had one of two things to do. That was, to relate to them all that I knew concerning the [blank] their munitions &c, or to be laid on the sod and let birds eat me. They also took me about 12 miles during which time I saw them rummage the house of Mr. White. I also saw them take 4 others, and they had some others that had been taken before, some of which [they] took to Adam-on-diamon, and I have not [heard] from them since. During the time I was a prisoner they told me that they did not intend to let any man stay in Daviess County that was not friendly to them. And that they were doing the same to redress the injury received in Jackson County.
Liberty Oct. 22nd 1838 To his Excellency the Commander in Chief. SIR:- Almost every hour I receive information of outrage and violence; of burning and plundering in the county of Daviess. It seems that the Mormons have become desperate and act like mad men. They have burned a store in Gallatin, they have burnt Millport; they have, it is said, plundered several houses and have taken away the arms of diverse citizens of that county. A cannon that was employed in the siege of De Witt in Carroll County, and taken for a like purpose to Daviess County, has fallen into the hands of the Mormons. It is also reported that the anti-Mormons have, when opportunity offered, disarmed the Mormons and burnt several of their houses.
The great difficulty in settling this matter seems to me in not being able to identify the offenders. I am convinced that nothing short of driving the Mormons from Daviess County will satisfy the party opposed to them, and this I have not the power to do as I conceive legally. There are no troops at this time in Daviess County, nor do I deem it expedient to send any there. For I am well convinced that it would but make matters worse for, Sir, I do not feel disposed to disgrace myself, or permit the troops under my command to disgrace this state, and themselves, by acting the part of a mob. If the Mormons are to be
[Fifth Judicial District, State of Missouri] 47 drove [driven] from their homes, let it be done without any color of law and in open defiance thereof. Let it be done by volunteers acting upon their own responsibility. However, I deem it my duty to submit these matters to the Commander in Chief, and will conclude by saying it will be my greatest pleasure to execute any orders your Excellency should think proper to give in this matter, with promptness and to the very letter. I have the honor to be your, Excellency's Most Obt Servt, David R. Atchison, Maj. Gen. 3rd Div. Mo. Mi. N.B. I herewith enclose you a report from Gen. Park, also one from Capt Bogart.
Brigade Head Quarters at Richmond 2nd Brigade, 3rd Division } Oct. 21, 1838. Major Gen. D. R. Atchison SIR:- I received yours of the 16th inst. from Boonville, which I will let remain until I see yours. I have now returned from the County of Daviess & assure you this county is agitated by a deeper & more desperate excitement than I have yet witnessed. I left the place on Tuesday the 16th inst. with two companies of mounted men, having directed Col. Dunn to precede me to Daviess County, where I had good evidence to believe the troops and [militia] intending to act against Adam-on-diamon. Intending to cooperate with Gen. Doniphan & the remainder of the troops, I had proceeded to the head of Crooked River when a severe snow storm overtook us & we were compelled to abandon the undertaking for the present. The troops were dismissed until further orders, and the troops under Col. Dunn had been ordered home by Gen. Doniphan who came as far as Far West, from whence he returned home. I with a part of my staff proceeded on to Far West, which I reached on Tuesday night, & learning that the Clay troops had gone home, I determined to proceed to Daviess & examine the state of the country. On Thursday I proceeded to the town of Adam-on-Diahmon in Daviess County, and on the way heard the Mormons had burnt a storehouse in Gallatin belonging to Jacob Stallins. I sent two men to see & learn the fact & on their return confirmed the news. I saw at Adam-on-Diahmon about five hundred Mormons under arms, all well armed, about two hundred of them mounted. I asked them their motive in appearing in arms. There answer was: “they intended to defend that place. They had been driven from De Witt & other places, and here they were determined to stand and die rather than be driven from that place.
48 [Fifth Judicial District, State of Missouri] I next visited Millport, and found on my way down the ridge, that the inhabitants had left their homes, and all above Pennington have fled. That county is in a worse state than at any former period, and I believe that the Mormons are now the aggressors, as I have seen many depredations which they have committed. I have certificates of their having taken arms from the citizens of Daviess forcibly. The excitement in this county is more deep and full of vengeance than I have yet seen it, and I would not be surprised if some signal act of vengeance would be taken on these fanatics. Wednesday next is fixed for a full and general meeting of the citizens of this county, to take into consideration the steps necessary to be taken in this state of affairs. I do not know what to do. I will remain passive until I hear from you. I do not believe calling out the militia would avail any thing towards restoring peace, unless they were called out in such force, as to fright the Mormons and drive them from the country. This would satisfy the people, but I cannot agree to it. I hold myself 'ready to execute as far as I can, any order from you, and wish you to advise the Command-in-Chief as to this situation of the upper country; perhaps a visit from him would have some effect in allaying the excitement. I remain, your ob't serv't, H. G. PARKS, Gen. 2d Brig. 3d Div. Elk Horn, Oct. 23, 1838. Gen. Atchison. DEAR SIR:—The Mormons have burnt Gallatin and Mill Port, and have ravaged Daviess county, driven out the citizens, burnt the post office, taken all kinds of properly from the citizens; have gone into Livingston county, and taken the cannon from the citizens there; they have threatened to burn Buncombe and Elk Horn, and have been seen near, and on the line between Ray and Caldwell. In consequence of which I have ordered out, my company to prevent, if possible, any outrage on the county of Ray, and to range the line between Caldwell and Ray, and await your order and further assistance. I will camp at Field's, 12 miles north of this, to night, I learn that the people of Ray are going to take the law into their own hands, and put an end to the Mormon war.
[Fifth Judicial District, State of Missouri] 49 Richmond, Mo. Oct. 23, 1838. The Governor of the State of Missouri. SIR:- The alarming state of Daviess County, and the panic produced by the late movements of the Mormons in that county has produced a degree of excitement and alarm here that has not been heretofore witnessed. The latest accounts from Daviess County that has reached us, say that all the inhabitants of Daviess County have left and sought refuge in Livingston or this county. The store house of Jacob Stollings in Gallatin, Daviess County, was robbed and burned by the Mormons, the Post Office kept there was also destroyed. And we believe that the houses of 5 or 6 of the inhabitants of Daviess have been you destroyed by fire, the property taken away, and the women and children obliged to flee. The arms of all the citizens in Daviess they could find have been taken by them forcibly. They have also carried away the cannon from Livingston County, and have it now in their possession.
We are deficient in arms. If there are any to spare, we wish them brought up here.
50 [Fifth Judicial District, State of Missouri] Richmond, Mo., Oct. 23, 1838. His Excellency the Governor of Missouri. Dear Sir:- The Mormon difficulties are arising and have arisen here to an alarming height. It is said (and I believe truly) that they have recently robbed and burned the store-house of Mr. J. Stollings in Gallatin, Daviess County, and that they have burned several dwelling houses of the citizens of Daviess, taken their arms from them, and have taken some provisions. Mormon dissenters are daily flying to this county for refuge from the ferocity of the prophet Jo Smith, who they say threatens the lives of all Mormons who refuse to take up arms at his bidding, or to do his commands. Those dissenters (and they are numerous) all confirm the reports concerning the Danite band of which you have doubtless heard much, and say that Jo infuses into the minds of his followers a spirit of insubordination to the laws of the land, telling them that the Kingdom of the Lord is come which is superior to the institutions of the earth, and encourages them to fight and promises them the spoils of the battles.
[Fifth Judicial District, State of Missouri] 51 what Your Excellency should do. The evil is alarming beyond all doubt. I suggest the foregoing facts for your consideration. I am very respectfully, Your ob't serv't, Thos. C. Burch P.S. Judge King will give you some information by the next mail. At a very numerous public meeting held at the Court house in Richmond, Ray County, on Wednesday this 24th day of October 1838 for the purpose of taking into consideration the difficulties of the Mormons.
52 [Fifth Judicial District, State of Missouri] Resolved, that it would at this time be inexpedient to take any offensive, but that we should at present act on the defensive. Resolved, that all who have in good faith renounced the Mormon religion should be protected, either those in this county or in Caldwell during the present excitement. Resolved, that some men should now be raised to go to the northern border of this county, and guard it from intrusion by the Mormons; to act entirely on the defensive for the present; and that Gen. Parks be requested to raise three companies for that purpose, or that they be raised by volunteers. The undersigned having on Monday morning last learned that the Mormons had burned Millport in Daviess County in addition to the burning of Stollings store in Gallatin in said county; and of their having threatened to burn the store in Buncombe Settlement in this county; and feeling an anxiety to know the truth in relation to said reports left this place, Richmond, on that Monday morning & proceeded to Millport. They, however, previously called at Judge Morin's who lives about 1/4 of a mile from Millport, who informed those that all they had learned was substantially true, and that much more had been done by the Mormons than the people of this county had been informed of. He went with us to Millport where we found all the houses in ashes, except a grocery store house belonging to a Mr. Slade and a house in which Mr. Wilson McKinney had lived. We also found the house of Robert Peniston, near Millport, burned. The horse-mill belonging to him (Peniston) was taken down, the stones, bolting chest &c lying out some distance from the shed, and the shed yet standing. Mr. Morin informed us that the burning was done on Sunday night last, that on the next day he saw Mormons there and saw them taking off beds and other things belonging to Wilson McKinney. We also saw some furniture, which we understood from Mr. Morin belonged to McKinney, standing out in the commons and which seemed to have been rifled of its contents. Mr. Morin expected on the day we were there that the Mormons would be there (at Millport) to move off the remaining property and to burn the balance of the houses. He stated to us that he considered the situation a precarious one, that he had been permitted to stay this long owing to having no wagons to move with, but that he expected to get wagons that day & intended moving into Richmond immediately. He said that the county was entirely deserted by the inhabitants except himself and a few others besides the Mormons, and expressed it as his belief that the corn from his house to Diamon would all be gathered and hauled into Diamon by the Mormons in 48 hours from that time. He also stated to us that he was at Diamon a few days previously, and saw a company of men (Mormons) come into camp with a drove of cattle, amounting to about 100 head, which he supposed belonged to other citizens. He also
[Fifth Judicial District, State of Missouri] 53 saw a man in possession of a Mormon which he was very certain belonged to Wm Morgan, a citizen of Daviess County. Mr. Morin looked upon these Mormons who were then a Diamon (amounting he supposed to about 600 men) as a band of robbers and desperadoes. He advised us very strongly to go no farther, not to attempt to go to Diamon or Far West. That we would gather nothing by doing so, in addition to which we there learned that the county on the north side of Grand River and west of him was certainly deserted except by the Mormons, and had been for several days. That the houses were all burned, or to use his own words, that it was a complete waste. Mr. Morin also informed us that the Mormons had ordered the other citizens out of the county, and that he too had been ordered to leave. He appeared very anxious that we should not be seen at his house by any Mormon, that it should not be known that he had given any information or expressed anything unfavorable towards them, until he get away. We did not visit Gallatin, but understood from Mr. Morin and others, whom we met moving into this county, that all the houses in that place were burned except a Shoemaker's shop belonging to a Mr. Borwell. C. R. Morehead, Wm Thornton, Jacob Gudgel, Richmond, Mo. Wednesday, October 24, 1838. Richmond, Oct. 24, 1838. Dear Sir:-As Mr. Williams will be to see you in reference to our Mormon difficulties, I will be able to say all to you perhaps that can be said. I deem it a duty notwithstanding to give you such information as I have sought and obtained, and is such I assure you may be relied on. Our relations with the Mormons are such that I am perfectly satisfied that the arm of the civil authority is too weak to give peace to the country. Until lately, I thought the Mormons were disposed to act only on the defensive, but their recent conduct shows that they are the aggressors and that they intend to take the law into their own hands. Of their recent outrages in Daviess, you have doubtlessly heard much already. Of their course of conduct in Daviess, I will give you the general facts, for to give particulars would far transcend the contents of a letter.
54 [Fifth Judicial District, State of Missouri] that their property should be confiscated and their lives also be forfeited. With this declaration I welcome home, & much else said by Smith, calculated to excite the people present, the next day was set to meet and see who was for them and who against them. And under such severe penalties there was none, that I learn, who did not turn out, and about 3 or 400 men, with Smith at their head, marched to Daviess. This was on Tuesday. The next day was the snow storm, and on Thursday they commenced their ravages upon the citizens, driving them from their houses & taking their property. Between 80 and 100 men went to Gallatin, pillaged houses & the store of Mr. Stollings and the Post Office, & then burnt the houses. They carried off the spoils on horseback & in wagons & now have them, I understand, in a storehouse near their camp. Houses have been robbed of their contents: beds, clothing, furniture &c & all deposited, & they term it a consecration to the Lord. At this time there is not a citizen in Daviess except Mormons. Many have been driven without warning. Others have been allowed a few hours to start. The stock of the citizens have been seized upon, killed and salted up by hundreds. From 50 to 100 wagons are now employed in hauling in the corn from the surrounding country. They look for a force against them and are consequently preparing for a siege, building block houses &c. They have lately organized themselves into a band of what they call Danites, and sworn to support their leading men in all they say and do, right or wrong, and further to put to instant death those who will betray them. There is another band of twelve, called the Destructives, whose duty it is to watch the movements of men & of communities, and to avenge themselves for supposed wrongful movements against them by privately burning houses, property, & even laying in ashes towns, &c. I find I am running out my letter too much in detail. I do not deem it necessary to give you a minute detail of all the facts of which I am possessed, but I give you the above in order that you may form some idea of the disposition of these people. The Mormons expect to settle the affair at the point of the sword, and I am well warranted in saying to you that the people in this quarter of the state look to you for that protection which they believe you will afford when you have learned the facts. I do not pretend to advise your course, nor make any suggestions other than what I have stated, that it is utterly useless for the civil authorities to pretend to intercede. The country is in great commotion and I can assure you that either with or without authority, something will shortly have to be done. I hope you will let me hear from you by the return of Mr. Williams, and if you should come up [to] the country shortly, it will give me pleasure to take the trouble to see you. I am very respectfully, Austin A. King
[Fifth Judicial District, State of Missouri] 55 Being requested by a committee of the citizens of Ray County to make a statement of such facts as are within my knowledge relative to the Mormons, I have to say that I came to Far West the 17th April last and have lived there ever since. I have never been a member of the Mormon church, but my parents are. I am about the age of 18 years. I have lived at the house of Sidney Rigdon the most of the time. I have heard the prophet Smith in public address say he would like to have a play spell of the whole U.S. (in a fight as I took it). This was on the election day last August. I have often heard the Mormons say they would as soon shoot the dissenters that came out and talked against them, as to shoot anything else. I have heard diverse Mormons say that they burnt the store of Mr. Stolling in Daviess County. David W. Patton had the command of the company that went to Gallatin. The Mormons say that they did not burn the goods, but hauled them off. Said Patton went by the name of Capt. Fearnot. A few days ago I heard a company of Mormons who had been to Daviess County say they had taken from the citizens of Daviess County about twenty-four horses and thirty-two guns. And it was said by Mormons about there, that it was done to make up for losses in Jackson County. When the company came up who took the guns & horses, I heard Sidney Rigdon shout three times, "Hosannah to the victors!" and made them a speech exhorting them not to fear, & to keep up courage. Henry Marks Richmond, Mo. Oct. 24, 1838. Sworn to & subscribed before me on the day above written. Henry Jacobs J.P. of Ray County. I Adam Black, a citizen of Daviess county, do state as follows, to wit: that, on the 11th day of October, 1838, Mr. Henry Lee was driven from his house and said county; he stated that the Mormons came to its house in ordered to him to leave immediately you would suffer; that he was in danger; that there was a general insurrection going to take place, and he had better get away, and Mr. Lee left home on the 15th inst. The Post riders stated to citizens of said county, that the citizens of Coldwell were paraded in Far West for the purpose of marching to Daviess county, to drive all of the citizens of the county and that we're not friendly towards them. On the 16th, the Mormons marched into said county, from two to 500, supposed to be. On the 17th, they went to several of the citizens have said county, and took their arms and ammunition, and said they intended to drive all of the mob out of the county. On the 18th, and march about one hundred or more men, well armed, to Gallatin, of the citizens
56 [Fifth Judicial District, State of Missouri] of said town, and robbed the store and Post Office, and burned the said store house and office; they went to G. Worthington's, P.M. of said office, and drove him out of his house, and robbed and burned it; they went to several other citizens on the same day and ordered them to leave the county against the next day, Or they would take their lives. On the 19th, name marched through the county and drove a number of the citizens from said county and robbed their houses and burnt them, my house was one amongst the rest; about 12 o'clock the same night they were seen burning down five houses in Gallatin, the county seat of Daviess county. On the 20th, they were seen marching 300 men through the county, all well armed, driving the citizens before them, rubbing their houses, threatening their lives, if they did not leave. The smoke was seen rising from several buildings by the citizens of Daviess county. On the 21st, about 400 to one Mr. Wm. Osburn's and Daviess county; Mr. Osburn not being at home, they threatened the life of his wife, ordered her out of her house, putting the muzzles of their guns against her, and hunching her with them, and shoved her out of her house and told her to leave their, and plundered and robbed her house. They then marched across Grand River, to the north side, to Esquire Dryden's, and took two saddles, and one pair of saddle bags; took his son and nephew prisoners-march to Mr. White's in Livingston county, the threatening in the presence of Mrs. White, if her husband was at home they would take his life; plundered her house; took a quantity of their clothing, several large chains and draw chains; took and destroyed about 50 bushels of oats; trod down the fences, rode through his field of corn, and destroy the quantity of corn; took five bee stands. We plundered to two other houses in Livingston county, and took two prisoners, a Mr. Dryden and Mr. Martin, were returning from preaching. They then marched out for their city and Daviess county, Adam-on-diahmon; and on their way they took five other men prisoners. In marching a short distance, the discharge three of the prisoners-they carried six others on about twelve miles, where they passed through a large company of footmen; and there they discharged some others of the prisoners, and one of the prisoners states, when he returned, there was a company came with him to Mill Port to burn said place-the light of the fire was seen, and next morning the smoke was seen rising from five houses by Mr. Osborne. It is also stated by Col. Peniston, it (the town) is burnt into ashes. It is stated by Mr. Stone and two other men, That on the 21st, they saw the Mormons driving a large drove live cattle from Daviess county courts Caldwell county-Mr. Osborne states that he lost forty-one or forty-two ahead of cattle-they have taken several forces from the citizens the amount not known-have also taken a quantity of pork logs, the amount not known. It is supposed from the best information there is about eight-hundred or upwards, well armed, embodied in said county, and near about all the citizens of said county have left their homes, and moved their families to Livingston county. There is not a single officer left in said county to execute the laws of our land;
[Fifth Judicial District, State of Missouri] 57 And in behalf of the citizens of said county, and in my own behalf, I ask of the Executive of the State to be reinstated in our homes, and the necessary and legal steps be taken to recover our property, and bring the offenders to justice. ADAM BLACK. At the request of a committee of the citizens of Ray County, I make the following statement in relation to the recent movements, plans & intentions of the Mormons in the counties of Caldwell & Daviess:
58 [Fifth Judicial District, State of Missouri] the honey and burning the gums, in which business of taking out the honey, but few were engaged, for fear, as they said, they would be called on as witnesses against them. When Wight returned from Mill Port and informed Smith that the people were gone and the property left, Smith asked him if they had left any of the Negroes for them, and Wight replied no; upon which some one laughed, and said to Smith, "you have lost your negro, then." During the same time, a company called the Fur Company, were sent out to bring in fat hogs and cattle, calling the hogs, bears, and the cattle buffaloes [sic]. They brought in at one time seven cattle and at another time four or five belonging to the people of Daviess. Hogs were brought in dead, but I know not how many, I saw only two. They have among them a company consisting of all that are considered true Mormons, called the Danites, who have taken an oath to support the heads of the church in all things that they say or do, whether right or wrong; many, however of this band are much dissatisfied with this oath, as being against moral and religious principles. On Saturday last, I am informed by the Mormons they had a meeting at Far West, at which they appointed a company of twelve, by the name of the Destruction Company, for the purpose of burning and destroying; and that if the people of Buncombe came to do mischief upon the people of Caldwell, and committed depredations on the Mormons, they were to burn Buncombe, and if the people of Clay and Ray made any movement against them, this destroying company was to burn Liberty and Richmond. This burning was to be done secretly, by going as incendiaries. At the same meeting, I was informed, they passed a decree that no Mormon dissenter should leave Caldwell county alive; and that such as attempted to do it, should be shot down, and sent to tell their tale in eternity. In a conversation between Dr. Avard & other Mormons, said Avard proposed to start a pestilence among the Gentiles, as he called them, by poisoning their corn, fruit &c, and saying it was the work of the Lord; and said Avard advocated lying for the support of their religion, and said it was no harm to lie for the Lord. The plan of said Smith, the prophet, is to take the State, and he professes to his people to intend taking the United States, and ultimately the whole world. This is the belief of the church, and my own opinion of the prophet's plans & intentions. It is my opinion that neither said Joseph Smith, the prophet, nor any one of the principal men, who is firm in the faith, could be indicted for any offense in the county of Caldwell. The prophet inculcates the notion, and it is believed by every true Mormon, that Smith's prophecies are superior to the law of the land. I have heard the prophet say that he should yet tread down his enemies, and walk over their dead bodies; that if he was not let alone he would be a second Mahomet to this generation, and that he would make it one gore of blood from the Rocky Mountains to the Atlantic Ocean; that like Mahomet, whose motto, in treating for peace, was" the Alcoran or the Sword," so should it be eventually with us, "Joseph Smith or the Sword." These last state-
[Fifth Judicial District, State of Missouri] 59 ments were made during the last summer. The number of armed men at Adam-on-diamon was between three and four hundred. Thomas B. March Sworn to and subscribed before me the day herein written. Henry Jacobs, J. P. Ray county Mo. Richmond, Mo. Oct. 24, 1838. The most of the statements in the foregoing disclosed of Thomas B. Marsh, I know to be true. The remainder I believe to be true.
The undersigned committee, on the part of the citizens of Ray county, have no doubt, but that Thomas B. Marsh & Orson Hyde, whose names are signed to the foregoing certificates, have been members of the Mormon Church in full fellowship until very recently, when they voluntarily abandoned the Mormon Church and faith. And that said Marsh was at the time of his dissenting the President of the twelve Apostles, and President of the Church at Far West, and that said Hyde was at that time one of the twelve Apostles, and that they left the Church and abandoned the faith of the Mormons from a conviction of their immorality and impiety.
Demoss's, Midnight, Oct. 25, 1838. Maj. Gen. John B. Clark. We write you a hasty letter from this point to give you authentic information as to the appalling situation of this country in the neighborhood of the Mormons. We are on our way as expresses to the Governor concerning the following information: that these wretched fanatics have thrown off all restraint and are destroying all before them. They have burned Gallatin, the county seat of Daviess, taken the goods from J. Stallings' store and burned the house. They have burned the village of Millport in Daviess and have burned almost every house from Gallatin and Millport north with many others in other
60 [Fifth Judicial District, State of Missouri] parts of the county, and plundered the whole county of the property of the inhabitants. They say themselves that they have taken $30,000 worth of property. We have this moment received an express informing us that they this morning at daylight attacked Capt Bogart's company of 50 men with 300 Mormons and defeated him, killing some ten men, wounding many others and taking the most of the remainder prisoners. Many of the Mormons having been killed in the fight as is supposed. We have but little hope from these wretched desperadoes but that they will kill all these prisoners. This attack was made in Ray County. Capt Bogart had been stationed on the northern line of the county to patrol and guard it, the Mormons having threatened to invade that county. They have determined to attack and burn Richmond tonight and we have but little doubt but that they will attempt it. The women and children have all left Richmond and are leaving the county, flying for protection to Livingston and elsewhere. These creatures will never stop until they are stopped by the strong hand of force! And something must be done, and that speedily. There is no kind of doubt but that all the alarm, with much more that I have not time to write, is true and you may act accordingly. Yours respectfully, Wiley C. Williams Amos Rees Carrolton, Mo., Oct. 24, 1838. SIR:- We were informed last night by an express from Ray County that Capt Bogart and all his company amounting to between fifty and sixty, were massacred by the Mormons at Buckhorn, twelve miles north of Richmond, except three. This statement you may rely on as being true, and last night they expected Richmond to be laid in ashes this morning. We could distinctly hear cannon and we know the Mormons have one in their possession. Richmond is about twenty-five miles west of this place on a straight line. We know not the hour or minute we will be laid in ashes. Our country is ruined, for God sake give us assistance as quick as possible.
[Fifth Judicial District, State of Missouri] 61 Head Quarters of the Militia, City of Jefferson, Oct. 27, 1838. } Gen. John B. Clark. SIR:- Since the order of this morning to you, directing you to call 400 mounted men to be raised within your division, I have received by Amos Rees Esq., of Ray, & Wiley C. Williams Esq., one of my Aides, information of the most appalling character which entirely changes the face of things and shows the Mormons in the attitude of an open and armed defiance of the law, and of having made war upon the people of this state. Your orders are therefore to hasten your operations with all possible speed. The Mormons must be treated as enemies, and must be exterminated or driven from the state if necessary for the public peace. Their outrages are beyond all description. If you can increases your forces you are authorized to do so to any extent you may consider necessary. I have just issued orders to Major Gen. Willock of Marion Co. to raise 500 men and to march them to the northern part of Daviess and there unite with Gen. But when a door Doniphan of Clay, who has been ordered with 500 men to proceed to the same point for the purpose of intercepting the retreat of the Mormons to the north. They have been directed to communicate with you by express. You can also communicate with him if you find it necessary. Instead, therefore, of proceeding as at first directed to reinstate the citizens of Daviess in their homes, you will proceed immediately to Richmond and there operate against the Mormons. Brig Gen. Parks of Ray has been ordered to have four hundred of his Brigade in readiness to join you at Richmond. The whole force will be placed under your command.
Lexington, 6 o'clock p.m., Oct. 25, 1838. To Messrs. Amos Rees and Wiley C. Williams. Gentlemen:- This letter is sent after you on express by Mr. William Bryant of Ray County. Since you left us this morning, Mr. C. R. Morehead came here on express for men to assist in repelling a threatened attack upon Richmond tonight. He brought news that the Mormon armed force had attacked Capt Bogart this morning at daylight, and had cut off his whole company of 50 men. Since Mr. Morehead left Richmond, one of the company (Bogart's) had come in and reported that
62 [Fifth Judicial District, State of Missouri] there were ten of his comrades killed, and the remainder were taken prisoners after many of them had been severely wounded. He stated further that Richmond would be sacked and burned by the Mormon Banditti tonight. Nothing can exceed the consternation which this news gave rise to. The women and children are flying from Richmond in every direction. A number of them have repaired to Lexington, amongst whom is Mrs. Rees. We will have sent from this county, since 1 o'clock this evening about 100 well-armed and daring men, perhaps the most effective that our county can boast of. They will certainly give them (the Mormons) a warm reception at Richmond tonight. You will see the necessity of hurrying on to the City of Jefferson and also of imparting correct information to the public as you go along. My impression is that you had better send one of your number to Howard, Cooper and Boone Counties, in order that volunteers may be getting ready and flocking to the scene of trouble as fast as possible. They must make haste and put a stop to the devastation which is menaced by these infuriated fanatics. And they must go prepared, and with the full determination to exterminate or expel them from the State en masse. Nothing but this can give tranquillity [sic] to the public mind and reestablish the supremacy of the law. There must be no further delaying with this question anywhere. The Mormons must leave the State, or we will one and all. And to this complexion it must come at last. We have great reliance upon your ability, direction and fitness for the task you have undertaken, and have only time to say God speed you! Yours truly, E. M. Ryland HEAD QUARTERS OF THE MILITIA, City of Jefferson, Oct. 26, 1838, Gen. John B. Clark, 1st Div. Mo. Mi. SIR:—Application has been made to the Commander-in-Chief I the citizens of Daviess county, in the State, for protection and to be restored to their houses and property; with intelligence that the Mormons, which in armed force, have pillaged and burn their dwellings, driven off their stock, and were destroying their crops. Bad they ( that Mormons) have burned to ashes the towns of Gallatin and Mill Port and said county; a former being the county seat of said county, including the clerk's office, and all the public records of the county, and that there is not now a civil officer within said county.
[Fifth Judicial District, State of Missouri] 63 [page 63] tion And at least fifteen days' provisions. The troops from the 1st, 5th, 6th and 12th Divisions will rendezvous at Fayette, in Howard county, on Saturday the 3rd day of next month, (November,) at which point they will receive for the instructions as to their line of march. You will, therefore cause to be raised, the quota of men required of your division ( four hundred men,) without delay, either by volunteers or drafts, and rendezvous at Fayette, in Howard county, Saturday, the 3rd day of next month, (November,) hand there joined the troops from the 5th, 6yh and 12th Divisions. The troops from the 4th Division will join you are Richmond, and Ray county. You will cause the trip to raised in your Division to be formed into companies according to law, and placed under officers already in commission. If volunteer companies are raised a shell elect their own officers. The preference should always be given to volunteer companies already organized in commissioned. You also detail the necessary field and staff officers. For the convenience of transporting the camp equippage [sic], provisions in hospitals stores for the troops onto your commander, you are authorized to employ two or three baggage wagons. By order of the Commander-in-Chief, B. M. Lisle, Adj. Gen. [An order corresponding with the above was issued at the same time of the foregoing, directed to the majors generals commanding the 4th, 5th, 6th and 12th Divisions of the militia of this State. In order was also issued to general Willock of the 14th Division, ordering him to raise five hundred men, and march them to the north of Caldwell county. Orders were also issued to Brig. Gens. Doniphan and Parks, directing them to raise five hundred men each. The understanding that no man were raised under these orders, it is thought a copy is unnecessary. Independence, Nov. 11, 1838. His Excellency, L. W. Boggs, Commander-in-Chief, Mo. Mi. Sir: Your communication of 6th Nov. 1838 through B. M. Lisle, Adj. Gen., has just been received. The prisoners have been sent to Richmond, subject to the order of Gen. Clark, & the arms will be sent as soon as the weather will permit. I have also furnished Gen. Clark a copy of my report to you, all of which proceedings have been transmitted to you by mail, but which I presume did not reach previous to the date of your orders.
64 [Fifth Judicial District, State of Missouri] P.S. I refer you to my report & two other communications since my return from Far West, for further particulars as to the prisoners & arms. Col. S. V. Noland, one of your Aide-de-Camps who accompanied the expedition under my command, will leave this evening for Jefferson City & will communicate further on this subject. S. D. Lucas, Maj. Gen. 4th Div. P.S. The first communication received from Gen. Clark was under date 30th Oct in which he directs Gen. Atchison & myself to act as we think best according to circumstances. This letter was received either on the day or the day before the surrender, by Capt. Long, one of the persons Gen. Atchison & myself had started to you with our report. The 2nd communication from Gen. Clark was dated 1st Nov. In this, he directs us to remain in some secure position, & not to make any attack until he arrived. This, together with the 3rd communication, (the one you sent a copy of in your communication per Mr. Dorriss,) was only received at Williams Ferry, Missouri River, two days after I had disbanded the army, as per my report to you of the 2nd Nov.
HEAD QUARTER, Richmond, Nov. 11, 1838. To His Excellency, L. W. Boggs. SIR.:—In as much as the Commissary General of the State could not follow the movements of the army under my command, and it becoming absolutely necessary for the preservation of the stores and munitions of war to have an acting Commissary, I appointed to that office Alfred W. Morrison, and desire your Excellency to ratify that appointment, and have forwarded to me or Mr. Morrison, at Fayette, a commission to that effect. It is desirable, if possible, to have it before my final report of the expedition is made.
[Let the commission be dated October 29, 1838.]
[Fifth Judicial District, State of Missouri] 65 Head Quarters of the Militia Employed against the Mormons, Richmond, Nov. 10, 1838 His Excellency, L. W. Boggs, SIR:- A day or two before I received your first order, I had upon information from a letter from Mr. Rees and Col. Williams on their way to you, issued an order to have raised in my Division one thousand men ready to march on Monday the 29th day of October last, all of which I communicated to you by express, the one however conveying my communication met one from your Excellency & returned.
66 [Fifth Judicial District, State of Missouri] ed guilty as could be found, and put them into a room. A deep snow falling on this evening, and there being no chance to obtain fuel or provender, I was compelled to march back to Richmond with the prisoners, forty-six in number. I however, the day before I left Far West dispatched Lt. Col. Price from the Second Brigade to Richmond with two companies to receive the prisoners and arms, but on his arrival not finding them there, he went to Gen. Lucas at Independence and informed him of his mission. The Gen. then sent them and they reached here on last evening. On the day I left Far West, I ordered Gen. Wilson with his Brigade (except the two companies with Col. Price), to Adam- ondi-Ahmon, a town in Daviess which had a few days since surrendered & given up their arms, with instructions to take possession of the town and disarm all the Mormons, and act in that quarter in accordance to your instructions to me, a copy of which was furnished him. He was also instructed to take out from the mass of Mormons such as probably could be convicted of crime, and have them committed and then carry them to Keytesville, and have them placed in jail and guarded, but he was instructed not to leave that quarter until he had reinstated the citizens in their property and homes as far as practicable, and if necessary leave a small force there to protect the citizens. I also ordered Capt Comstock with his company in Livingston to continue there, disarming the Mormons where-ever found, and report to Gen. Wilson at Diamon for further orders. This being done, I proposed to march back to Richmond. The morning before I left Far West I called the whole of the Mormons together, about five hundred (a great number having run away between the surrender and my arrival) and informed them that the prisoners I had, together with those taken by Gen. Lucas, would be taken to Richmond, tried, and punished if found guilty. That they must comply with the terms of the capitulation with Gen. Lucas. The situation of their women and children, and the inclemency of the weather, induced me to modify the terms, and not require them to remove forthwith. That they could remain until their convenience suited them in the Spring. That no military guard would go with them, but I would pledge the honor of the State, they should not be hurt, and that their arms should be given up to them whenever they left the State, and not before. This they readily agreed to, so far as I could judge from their expressions. This being done, I took up the line of march with the prisoners, and got here on yesterday. On my arrival here I discharged the whole of the first Brigade. I will here state that on my way to Far West, while at Richmond, I wrote to Gen. Grant and ordered him to countermarch and discharge his forces. The same order I sent to Gen. Willock from Far West, also Gen. Crowster's Division was discharged at Richmond on their way, except the Boonville guards who were taken on to Far West and discharged here this morning. Gen. White, learning of the state of affairs, left his men at the River near Livingston and came on to
[Fifth Judicial District, State of Missouri] 67 meet me with his staff at Far West. I then ordered him to countermarch his Brigade, except the cavalry commanded by Capt Parsons, which company is now here guarding the prisoners. All the forces in this quarter are now discharged, except two companies commanded by Capt Parsons and Capt Bogart. I detained Lieut. Col. Price to superintend the guard of the prisoners, and I also detained Gen. White and his field officers here a day or two for the purpose of holding a Court Martial if necessary. I this day made out charges against the prisoners and called on Judge King to try them as a committing court, and I am now busily engaged in procuring witnesses and submitting facts. There being no civil offices in Caldwell, I have to use the military to get witnesses from there which I do without reserve. Gen. Wilson's Brigade is still in service in Daviess County, under the instructions above stated. They will be discharged as fast as possible. The most of the prisoners here I consider guilty of Treason, and I believe will be convicted, and the only difficulty in law is, can they be tried in any county but Caldwell. If not, they cannot be there indicted until a change of population. In the event the latter view is taken by the civil courts, I suggest the propriety of trying Jo Smith and those leaders taken by Gen. Lucas, by a Court Martial for mutiny. This I am in favor of only as a dernier resort. I would have taken this course with Smith at any rate, but it seems doubtful whether a Court Martial has jurisdiction or not in the present case, that is, whether these people are to be treated as in time of war, & would here ask you to forward to me the Attorney General's opinion on this point. My whole object is to obey your orders & settle this matter so as to have the best effect upon the people, & at the same time not compromise the character of the State. But it will not do to allow these leaders to return to their treasonable work again on account of their not being indicted in Caldwell. I find by inquiry that with all the enormities we have heard charged against these people, many of which charges we looked upon as the offspring of prejudice on the part of our citizens, the truth has not yet been told. There is no crime from treason down to the most petty larceny but these people, or a majority of them have been guilty of. All, too, under the counsel of Joseph Smith Jr., the prophet. They have committed treason, murder, arson, burglary, robbery and larceny, and perjury. They have societies formed under the most revolting covenants in form, & the most horrid oaths to circumvent the law & put them at defiance, & to plunder & burn & murder & divide the spoils for the use of the Church. This is what they call the Danite Club or Society. These facts I gather from some persons I have who have disclosed: Under this horrid system, many of the citizens of Daviess County, who went to that frontier poor, & who by their industry & economy had acquired a good living, have been robbed of every article of property they have - their houses burnt before their eyes, & them & their wives & children driven out of the country, without any kind of shelter. In one instance, I have
68 [Fifth Judicial District, State of Missouri] been informed that a family was ordered off & their house burnt in their light & a woman driven out while it was snowing, with a child only four days old. In another case, I was informed a family was driven away & the woman was compelled to ask protection in a few miles, where she was delivered of a child in a short time after. These, sir, are some of the offenses of these people. I do not wonder at the prejudices against them in their vicinity. I send you enclosed a copy of a Constitution of one of their societies from which you can gather some information. I design to continue my head Quarters here, until the investigation of the cases of the prisoners are closed. You shall be informed from time to time of the progress, as also of the movements in Daviess. Those facts I now communicate to you, supposing they would be useful to you before the meeting of the Legislature. Your communication of the 6th was received today by Mr. Maupin. Its contents were duly noted & shall be attended to. I have this evening informed the prisoners of what is charged against them and ordered the leaders to be bound, so as to be sure to save them. I am, Sir, your obedient servant, John B. Clark, Maj. Gen. Commanding. Independence, Nov. 7, 1838. To His Excellency, L. W. Boggs, Commander-in-Chief, Mo. Mi. SIR:- I received from Gen. Clark last night, per the hands of Col Price, a copy of your orders of the 1st November in which you state that neither Gens. Atchison & Lucas was called or ordered into the field by you. If your orders had of reached me before I got into the field, I would not have went, but I know nothing of the call for men or of the arrangements for giving the command to Gen. Clark, but acted as I have before informed you. Upon a call from Brig. Gen. Parks, then in the field (which, according to military usage & etiquette is equivalent to an order) for assistance, he represented things in such a manner (which your Excellency has been apprised of by Col. Williams and Major Rees) that I believed I had no alternative but to act as I did. I have no disposition to thwart either your designs or Gen. Clark's plans in going into the field, but after I got there with an army of 2500 men I could not consistently lie idle or inactive. For the result of my proceedings, I refer you to my report sent herewith. I did not make any report to Gen. Clark because I did not believe it proper to do so consistent with my grade of office.
[Fifth Judicial District, State of Missouri] 69 P.S. If your Excellency should deem it proper, you can cause Gen. Clark to be furnished with a copy of the above. Executive Department, City of Jefferson, Nov. 6, 1838. To Maj. Gen. John B. Clark, Commanding the forces against the Mormons SIR:- I have the honor to acknowledge the receipt of your communication under the date of the 3rd inst, dated at Richmond, by the express Mr. G. D. Maupin. I regret very much to hear that Gen. Lucas has been guilty of disobedience of orders; on the subject, however, I shall cause in due time an inquiry to be made. I thought I had been so very explicit in my orders, that it was not possible to misunderstand them. You have placed the proper construction upon them, which was that the whole force to be employed in this service was to be placed under your command. General Lucas was not ordered out at all, except in the way I mentioned to you in my last communication. He was directed to cause four hundred men of his division to be raised, and place them under the command of a Brigadier Gen. with the privilege, if he thought proper, to waive his rank as Major Gen. and take Brigadier General's command.
70 [Fifth Judicial District, State of Missouri] homes. It will also be necessary that you hold a Military Court of inquiry in Daviess County and arrest the Mormons who have been guilty of the late outrages committed towards the inhabitants of said county. My instructions to you are to settle this whole matter completely if possible before you disband your forces. If the Mormons are disposed voluntarily to leave the state, of course it would be advisable for you to promote that object in any way deemed proper. The ringleaders of this rebellion, though, ought by no means permitted to escape the punishment they merit. The troops from Col. Gasconade and Franklin are directed to report to you. You had perhaps better return them in service and discharge them who from fatigue or otherwise may be disposed to return. I would be pleased to hear from you of the final result of this matter, previous to the meeting of the Legislature. I shall forward to Gen. Lucas by Express the necessary orders and instructions to obey the orders you have directed to him, under date of the 3rd inst. in relation to the arms and prisoners. I have to request of you to embody all the facts you can collect in relation to the commencement of progress, and termination of the recent difficulties with the Mormons, in order that I may communicate same to the Legislature. I am respectfully, Your obedient servant, L. W. Boggs, Commander-in-Chief P.S. The prisoners will of course be delivered over to the civil authority, when you may deem it prudent to do so. Independence, Mo., Nov. 5, 1838.
SIR: I returned on yesterday with the troops of the 1st Brig. 4th Div. Mo. Mi. We got to Goose Creek in the vicinity of Far West on 30th ult. and the next day the town surrendered to us under the following conditions and stipulations, viz:
1st To give up their leaders to be tried & punished.
[Fifth Judicial District, State of Missouri] 71 We took about six hundred prisoners and rec'd something like that number of arms. In disbanding my command, I ordered Gen. Wilson to take charge of the leaders who I had demanded for trial, viz, Jo Smith, Sidney Rigdon, Lyman Wight, Amos Lyman, Geo. W. Robinson, Parley Pratt, Hyrum Smith, together with the arms, and march them to my Headquarters at Independence to await your further orders. On 3rd of Nov., when at Williams Ferry, Missouri River, I received a letter from Major Gen. Clark, by express, ordering me to march the prisoners and arms to Richmond, to discharge my forces, and repair myself with my staff to his camp wherever I could find it between Richmond and Daviess County. This order I did not comply with, as I could not under any circumstances be commanded by a Junior Major Gen. I was thrown into the field by a call from Brig. Gen. Parks there in the field. Which, according to military etiquette and usage is equivalent to an order. And from your order to Gen. Clark, he is only authorized to command Brigadier Generals, but can make a call on Major Gens. for any force that he may think necessary. I received a copy of your orders to him, and I intend to start the prisoners and arms to Richmond in the morning when the whole will be subject to his order. Your orders of 26th & 27th ult. together with your letter to me of latter date was only rec'd by express on 30th ult. within 6 or 7 miles of Far West. At this point Major Gen. Atchison left me and returned home to Liberty. I was then left in the sole command of about 1,800 men, which I marched that night to Goose Creek, within one mile of Far West. By sun-down the next day my forces were increased to 2500 men. With an army of this magnitude I could not think of lying idle and inactive. I will make out a fair report and send it to you by next mail. We were looking for you every day, for the last 4 or 5 days, or I would have sent an express to you from Far West. A communication I received from Gen. Clark 1st Nov. stated that he had learned you was on your way up, and would arrive in a day or two. Learning that Gen. Clark was on his march with an army of 2000 men, I concluded that he would have force sufficient to operate in Daviess and Livingston Counties, and to make a final close without the co-operation of my troops. I deemed it proper in order to save the state an enormous expense, which each day was immensely heavy, to discharge my forces which was accordingly done, with the exception of four companies left at Far West, and five companies under General Parks, sent to Daviess County. I left your aid, Col. Williams, Col. Burch and Major Reese of Regt at Far West drawing up all the necessary papers, and Col. Hinkle and myself appointed 5th Command, viz: Wm Collins of Jackson, G. W. Woodward of Ray, Judge Cameron of Clay and John Corrill and M. Phelps of Far West. The Mormons are to convey their property in trust to those commands for the benefit of creditors and for indemnifying those that have been damaged by them. This arrangement gave satisfaction to the whole army and was the
72 [Fifth Judicial District, State of Missouri] means of saving a great many valuable lives, and the effusion of immense bloodshed. I have the honor to be with Great respect, Samuel D. Lucas, Maj. Gen. 4th Div. Mo. Mi. P.S. I sent Gen. Clark a copy of my report to you, as soon as I had it made out. Head Quarters, Camp near Far West, November 2, 1838. His Excellency, L. W. Boggs, Commander-in-Chief, Mo. Mi. SIR:- On Monday, October 29th, the troops ordered out by Maj. Gen. Atchison & myself (as per our report to you of said date) took up their line of march from camp near Richmond for Far West. We encamped the night of the 29th at Linville Creek, a short distance from the road, about sixteen miles from Far West, at which point we received an express from Brig. Gen. Doniphan informing us that he was encamped on Log Creek with a force of five hundred men, and that he would join us at the crossing of said creek on the road from Richmond to Far West by 10 O'clock A.M. The next morning on 30th Oct. the troops got together at the late named point, when we mustered about 1800 men. Whilst at this place we received your orders of 26th ult. and I received an order of 27th ult. & a letter from you of the same date. At this point Maj. Gen. Atchison left me for Liberty, when I was left in sole command. Before leaving Line Creek I received information that a band of Mormons two hundred in number, called Danites, had been seen about two hours previous near the route that we had passed. Upon receiving this intelligence I ordered a detachment of two companies from the respective commands of Brig. Gen. Wilson, Doniphan, Parks & Graham to go in pursuit of said band, which I placed under the command of Gen. Wilson with instructions to intercept, and if possible to cut off their retreat to Far West. I then took up my line of march for Goose Creek, one mile south of Far West, which point we reached about one hour by sun in the evening. Just as the troops were encamping, I received intelligence from Gen. Doniphan, from his position on the right, that he had discovered a party of Mormons approaching Far West from the east, and requested permission to intercept them if possible. Leave was granted, & his Brig. started off at nearly full speed to accomplish the order, but the Mormons succeeded in reaching the fort.
[Fifth Judicial District, State of Missouri] 73 Gen. Doniphan approached within 200 yards of their fortress when they displayed a force of about 800 men. At this juncture I ordered Gen. Graham's Brigade (holding, Gen. Parks and part of Gen. Wilson's mounted, in reserve,) to march full speed to the relief of the 1st Brig. 3rd Div. But from the inequality of the force of the 1st detachment (being only two hundred and fifty strong at the time) and the Mormons, it was considered prudent to withdraw the troops and march against them in the morning. Which was accordingly done, and they all returned, as dark set in, to camp. At this place I established my Head Quarters and continued there during the expedition against the Mormons. The detachment under Gen. Wilson returned about 9 o'clock p.m. The next morning, 31st Oct, I received a message from Col. Hinkle, the commander of the Mormon forces, requesting an interview with me on an eminence near Far West, which he would designate by hoisting a white flag. I sent him word that I would meet him at 2 o'clock p.m., being so much engaged in receiving and encamping of fresh troops who were hourly coming in, that I could not attend before. Accordingly, at that time I started with my staff officers and Brig. Gens. Wilson, Doniphan and Graham, Gen. Parks being left in command. We met him and some other Mormons at the point before mentioned. He stated that his object in asking me to meet him there was to know if there could not be some compromise or settlement of the difficulty without a resort to arms. After giving him to understand the nature of your orders, I made him the following propositions, which I furnished him a copy of, and a copy of your order, viz: 1st: To give up their leaders to be tried and punished. 2nd: To make an appropriation of their property, all who had taken up arms to its payment of their debt and indemnity for damage done by them. 3rd: That the balance should leave the State, and be protected out by the militia, but to be permitted to remain under protection until further orders were received from the Commander in Chief. 4th: To give up their arms of every description, to be receipted for Col. Hinkle agreed to the proposition readily, but wished to postpone the matter until morning. I then told him that I would require Joseph Smith Jr., Sidney Rigdon, Lyman Wight, Parley Pratt and Geo. W. Robinson as hostages for his faithful compliance with the terms, and would pledge myself and each one of the officers present that in case he, after reflecting and consulting upon the propositions during the night, declined acceding to them, that the hostages would be returned to him in the morning, at the same point they were received. But it was understood that in case they did comply, they were to be held for trial as part of the leaders called for by 1st stipulation. I then gave him until one hour by sun in the evening to produce and deliver them. We then returned to camp, and I directed the troops to make preparations to march to Far West by an hour & a half by sun, with a determina-
74 [Fifth Judicial District, State of Missouri] tion, in case the hostages were not produced, to make an attack upon the town forthwith. I directed Gen. Parks' Brigade to be mounted, & to form on the right of the Division, to act as flankers if necessary and, if required, to pass entirely around the town and form on the north side with instructions to make the attack at the report of the cannon, which was to be the signal for the general attack. Gen. Graham's Brigade was mounted & formed on the extreme left to act as flankers and, if required, to form the line on the west side with similar instructions as to the commencement of the attack. Gen. Doniphan's Brig. was ordered to parade on foot and to form on the left of Gen. Parks, with instructions to form on the East side, with similar orders relative to attack. Gen. Wilson's Brig. was ordered to parade on foot and to form on the left of Gen. Doniphan, with instructions to form the line of battle on the South side, with same instructions as to commencement of attack. The artillery company, with one piece of ordnance, was placed at the head of Gen. Doniphan and Gen. Wilson's Brigades with instructions to occupy an eminence within 300 yards of the town. The army being disposed of in this manner, at the appointed time I took up the line of march in the direction of Far West. When the troops got within about 600 yards I discovered the flag, and the hostages advancing. I immediately halted the army and rode out and met them, received the hostages and placed a guard over them for their safety and protection, and ordered the force back to our encampment. I cannot forbear at this point expressing my gratification and approbation of the good conduct & gallant bravery evinced by all the officers and men under my command. They marched up with as much determination and deliberation as old veterans, not knowing but that the charge would be sounded every moment for surrounding the town. There was no noise [nor even passion/fusion] - nothing but an eager anxiety upon the countenance of every man to get at the work. When the hostages were received, the troops, with some slight exceptions, marched back in profound silence. 1st Nov., I ordered the whole forces amounting to 2500 men to parade at 9 o'clock a.m. and to take up the line of march for Far West, and 1/2 past 9 o'clock to receive the prisoners and their arms. The troops marched out & formed in the prairie about 200 yards east of the town. Gen. Wilson's Brig. formed the west line, Gen. Doniphan's the east line, Gen. Graham's and Gen. Parks' the south line with the artillery company and the cannon in the center of the two latter, leaving one side of the space open. The Mormon army, reduced to about 600 men by desertion and otherwise, under their commander Col. Hinkle, marched out of their town, through the space into our square, formed a hollow square and grounded their arms. Col. Hinkle then rode forward & delivered up to me his sword & pistols. I then directed a company from the respective Brigades to form a front, rear, and right & left flank guards, & to march the prisoners back to Far West, & protect & take charge of them until the next morning. I then detailed a company from Gen. Doniphan's com-
[Fifth Judicial District, State of Missouri] 75 mand to take charge of the arms. Then, in order to gratify the army, and to let the Mormons see our forces, marched around the town & through the principal street, & back to Headquarters. Considering the war at an end in this place, I issued orders for Gen. Doniphan's Brigade, with the exception of one company, and Gen. Graham's Brig. to take up their line of march for their respective Head Quarters, & dismiss their men. And directed Gen. Wilson to take charge of the prisoners (demanded for trial) & arms & march them to my Head Quarters at Independence to await further orders, and to dismiss all except a guard for the prisoners & arms. 2nd Nov: I relieved the guard placed over the prisoners at Far West by 4 companies of Gen. Parks' Brig. and placed them under the command of Col. Thompson's 2nd Brig., 3rd Div., with instructions to report to Gen. Clark. The balance of Gen. Parks' Brigade, with Capt. Gilliam's company of Gen. Doniphan's Brigade under the command of Gen. Parks, I ordered to Adam-on-Diamon, a Mormon town in Daviess County, with instructions to disarm the Mormon forces at that place and to leave a guard of 50 men for the protection of prisoners, and to report to Gen. Clark. In order to carry the treaty & stipulations into effect, I have requested your Aide-de-Camp Col. Williams, together with Col. Burch & Major J. Reese of Ray, to attend to drawing up all the papers legally, & directed Col. Thompson to wait on them with a portion of his command, & to cause all their orders & requirements consistent with the stipulations to be carried into effect. This day about 12 o'clock there was a Battalion of 100 men from Platte arrived at Far West, which I ordered back, having understood that Major Gen.. Clark would be in a day or two with a sufficient force to operate in Daviess & Livingston, & for any service that may be required. I have the honor to be, Most respectfully, Samuel D. Lucas, Maj. Gen., Commanding. Chariton, Oct. 30, 1838. His Excellency Gov. Boggs. SIR:- I have ordered one thousand men from this Division, and now have five hundred this far under march, and five hundred from the Second Brigade will join me today at Keytesville from whence I will proceed to Richmond without delay. Your two orders were both received on day before yesterday at the same time. On this moment I received per Capt. Long the enclosed express from Gen. Atchison and Lucas then at Richmond; it was met by Col Williams, your Aide, and opened and sent to me, supposing that the powers conferred on me were sufficient.
76 [Fifth Judicial District, State of Missouri] This may be so, but I would give your Excellency my decided opinion, that it would be best for you to be there, and hope you will if practicable. In the meantime, I will endeavor to act out your orders in letter and spirit, however great the responsibility. I have this moment dispatched to Gens. Atchison & Lucas a copy of your two orders to me, with instructions to act for the best, until I can arrive. All the additional information that I have from the scene of disturbance is worse and worse. I have the honor to be, Your obedient servant, John B. Clark, Maj. Gen. Commanding. Head Quarters of the 3rd & 4th Div. Mo. Mi. Richmond, October 28, 1838. To the Commander-in-Chief, Mo. Mi. SIR:- From late outrages committed by the Mormons, civil war is inevitable. They have set the laws of the country at defiance, & are in open rebellion. We have about two thousand men under arms to keep them in check. The presence of the Commander in Chief is deemed absolutely necessary, and we most respectfully urge that your Excellency be at the seat of war, as soon as possible.
Executive Department, City of Jefferson, Nov. 1st, 1838. Maj. Gen. John B. Clark. SIR:- Your communication by express of Oct 30th, enclosing one from Major Generals Atchison & Lucas of the 28th Oct. have been recd. It is impossible for me to leave here, the near approach of the meeting of the Legislature renders it necessary that every moment of my time be employed in preparation to meet them. It was considered by me that full and ample powers were vested in you to carry into effect my former orders. The case is now a very plain one, the Mormons must be subdued and peace restored to the community. You will therefore proceed without delay to execute the former orders; full confidence is reposed in your ability to do so. Your force will be amply sufficient to accomplish the object. Should you need the aid of artillery, I would suggest that an application be made to the Commanding Officer of Ft. Leavenworth for such as you may need. You are au-
[Fifth Judicial District, State of Missouri] 77 thorized to request the use of it in the name of the State of Missouri. My presence there could affect nothing, I therefore again repeat that you are authorized and full power is given to you to take whatever steps you deem necessary and such as the circumstances of the case may deem it to demand, to subdue the insurgents and give peace and quiet to the country. The ringleaders of this rebellion should be made an example of, and if it should become necessary for the public peace, the Mormons should be exterminated or expelled from the State. In order that no difficulty may arise in relation to the command, I must inform you that neither Generals Atchison or Lucas have been called into service under this late order, except Gen. Lucas was directed to raise 400 men in his Division and to place them under the command of a Brigadier General. The privilege was offered him of commanding the troops from his own Division, though subject to your orders. All the troops now under arms and those that may arrive at the seat of war are placed under your command. You will report to me by express and keep me regularly informed of anything of importance which may occur. The near approach of winter requires that your operations should be hastened. After having restored quiet, you will cause the people of Daviess County who have been driven from their homes to be reinstated. I am respectfully. Your ob't serv't, L. W. Boggs Commander-in-Chief Head Quarters, 2nd Brig. 1st Div. Mo. Mi. Adam-on-Diahmon November 12, 1838 } Maj. Gen. Clark. SIR:- In pursuance of your order of the 7th at Far West, I took up the line of march with my command & arrived here on the 8th. We suffered much from the inclemency of the weather, which still continues.
78 [Fifth Judicial District, State of Missouri] with but little hope of effecting much, as the citizens seem to be unable to identify but few. It is perfectly impossible for me to convey to you anything like the awful state of things which exist here. Language is inadequate to the task. The citizens of a whole county first plundered, & then their houses & other buildings burnt to ashes. Without houses, beds, furniture or even clothing in many instances to meet the inclemency of the weather. I confess that my feelings have been shocked with the gross brutality of these Mormons, who have acted more like demons from the infernal regions than human beings. Under these circumstances you will readily perceive that it would be perfectly impossible for me to protect the Mormons against the just indignation of the citizens. I therefore promptly informed the Mormons in a short address of all the facts that had then come to my knowledge - told them I should remain in Daviess County ten days, & would endeavor to protect them during that time. At the end of the ten days I would leave, and was not authorized to promise them further protection in Daviess County - that you had promised protection in Caldwell County - that such of them as wished to remove to Caldwell, or out of the state, I would give a permit to state that effect & would guarantee their safety on the route. The Mormons themselves appeared pleased with the idea of getting away from their enemies & a justly insulted people, and I believe all have applied to receive permits to leave the county. And I suppose about fifty families have left & others are hourly leaving, & at the end of the ten days, Mormons will not be known in Daviess County. This appears to me to [be] the only course left to prevent a general massacre and I hope my course in this matter may meet your approbation, as it has been your pleasure to commit to my charge a most important command without special instructions. I feel the more bound not only to return you my sincere thanks for the honor thus done, but to give you a full account of all my acts. Nothing has been left undone on my part to justify that confidence. The citizens of Daviess have cooperated heartily with me & to their praise be it said, have shown a degree of compassion & charity, unparalleled under the circumstances, to their enemies, & have cheerfully obeyed every order I have found it proper to give in this matter & now confidently believe I shall be able to close this most shocking insurrection without further bloodshed. I had previously to receiving your order discharged all the troops under my command, except one company under Capt. Newbold. This company will be retained until I close my business here. I expect, without otherwise ordered, to remain here until tomorrow week & then set out for home. If therefore it is your pleasure to give me further orders before leaving, I would suggest that they be forwarded in time to reach here before that time. It would astonish you to see the immense piles of stolen property which has been brought in & deposited by the Mormons, consisting of almost everything to be found at a farm house, and much remaining
[Fifth Judicial District, State of Missouri] 79 yet concealed. Large quantities have been found buried in & near town. I have been making all possible exertions to collect and preserve this property for the owners, but I find it hard to do as these dirty thieves are more skillful in the pilfering line than any I have yet seen. The citizens inform me that much of their property has been to Far West. I suggest that you order them to return them here at their own expense. I write in a miserable shanty called the Lord's Store House, late at night after having been well soaked in the rain during the day, & much fatigued. I may have omitted some things, but when I am more comfortable I will write you more fully. I have the honor to be, With unfeigned good will, Your obedient servant, R. Wilson, Brig. Gen., Commanding 2nd Brig. Mo. Mi. Head Quarters, Richmond, Nov 12, 1838. His Excellency, Gov. Boggs. SIR:- In my last communication I informed you of all the important incidents of the expedition up to that time. On Tuesday last we commenced the examination of the alleged crimes, being treason, murder, burglary, arson & larceny against Jo Smith and his co-leaders & about forty six others who occupy less a space amongst their people, but many of whom are equally guilty. The defendants have employed Messrs. Rees and Doniphan to defend them, who are both present. The enquiry, as you may well imagine, takes a very extensive range and involves many important legal principles not often adverted to in our own practice, and being as I consider too important to be made out against the prisoners I, at the suggestion of Mr. Burch, the Circuit Attorney, spoke to Col. W. T. Wood to assist in the prosecution, promising him to lay the matter before your Excellency, not doubting but what some provisions would be made by which he would have paid to him a reasonable fee. This was not done because I doubted Mr. Burch's ability in the least, for he is a good lawyer, and entering into this matter with his whole energy, but there are so many points [starred] and so much labor to arrange the facts, so as to make them bear on the various defendants that I did not wonder he should ask assistance. And for the good of the state I spoke to Col. Wood as above stated, and he very willingly engaged with Mr. Burch. We progress slowly, but thus far the disclosures indicate certain conviction of treason against Smith, Wight,
80 [Fifth Judicial District, State of Missouri] Pratt, Rigdon & some one or two more, and of murder against some five or six. Burglary against several, arson against a number & larceny against others. How it will all result I cannot yet tell, but that the leaders will all be convicted of treason or murder I think is reasonably certain, and many others of felony. You shall be informed as we progress. I received this evening a communication from Gen Wilson, who had been dispatched to Daviess County, a copy of which I enclose you, from which you will discover that things are becoming as well settled there as can be under the circumstances, though they and I would have been much better settled if your orders had been complied with before my arrival. It seems to me if proper steps had been taken to save the active leaders, they could all have been captured. The protection Gen. Wilson alludes to my giving the Mormons in Caldwell I explained to you in my last communication. I regret exceedingly to learn that any acts of yours should create any heart burnings or collision with your Excellency and any General officer, and particularly to such an extent as I understand exists with Gen. Atchison. Your motives doubtless were good, your orders were undoubtedly right as to the Mormons, and my command and I have no doubt the whole country will sustain you. Business of a very urgent nature compels me to leave here on tomorrow for Fayette, where I will arrive on Sunday, leaving Lt. Col. Price, a competent officer, here until my return. I will only remain in Fayette until Tuesday or Wednesday next, & then I shall return here to remain until this whole prosecution is settled or put in such a condition that a military force is unnecessary. It is thought that the investigation will last for two or three weeks. I am, sir, your ob't serv't, John B. Clark, Maj. Gen., Commanding Executive Department, City of Jefferson, Nov. 12, 1838. To Maj. Gen. D. Willock, Commanding detachment at Huntsville. SIR:- I have the honor to acknowledge the receipt of your communication of the 10th inst. from Hartville. From information received from Gen. Clark, who was placed in command of all the troops raised in pursuance of the late order of the Executive, there will not be any necessity for your proceeding any further. You will therefore return your troops and discharge them. The Quarter Master of your detachment will purchase and grant certificates to the person of whom he purchases, for such provisions as you may need. You will, however, endeavor to make out with as small a quantity as possible.
[Fifth Judicial District, State of Missouri] 81 You will please present my thanks to the troops under your command for their promptness in marching to the call of their country. Respectfully, L. W. Boggs, Commander-in-Chief. Executive Department, City of Jefferson, Nov. 15, 1838. SIR:—I have the honor to acknowledge the receipt of your communications of the 10th and 11th inst., by Mr. Maupin, the express.
Upon an examination of the law, I find I have no power to appoint a Commissary General, there being one already in commission. The duties you speak of as having been performed by A. W. Morrison. Esq., might have been performed by your Division Quarter Master. Your certificate of his appointment, however, to discharge certain duties, as for instance, as acting Commissary for the detachment under your command, I presume would be altogether sufficient. You will oblige me by sending at your earliest convenience, a copy of my second order to you, as forwarded by Mr. Rees. In the hurry of business, I neglected to retain a copy, and it is necessary to have one, as SIR:—You will take immediate steps to discharge all the troops you have retained in service as a guard, and deliver the prisoners over to the civil authorities. You will not attempt to try them by court martial, the civil law must govern. Should the Judge of the Circuit Court deem a guard necessary, he has the authority to call on the militia of the county for that purpose. In the absence of the Attorney General,
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[Fifth Judicial District, State of Missouri] Dear Sir: In answer to your note of this morning requesting me to give you such information as was in my knowledge relative to the battle fought on the 30th October at the Mills on Shoal Creek between the citizens and Mormons.
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Gentlemen:- I am now here with near one thousand men under a force march to Richmond in performance of an order from the Commander in Chief, copies of which are herewith enclosed to you for the use only of your confidants. You will discover by them the power vested in me and for that purpose I enclose them to you. Capt Long this moment arrived with an express from you to the Governor which had been wet and opened by Col Williams, one of the Governor Aides, and sent to me. I have forwarded it to the Governor.
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[Fifth Judicial District, State of Missouri] Gentlemen:- Understanding two days since, while at Chariton on my march, that you were at Richmond and was only holding the Mormons at check until further orders which you sought from the Commander in Chief. And having before then received orders from the Commander in Chief with plenary powers to settle this whole difficulty and call to my aid such force as I might deem necessary, a copy of which I sent you by express per Capt. Long, but learning at this place that you have proceeded to Far West and hearing a report (not official) that some of the Mormons have already surrendered to you. Therefore, under my orders, and in pursuance of the only and proper power assigned me, I send you respectively the following orders (viz): you are to remain at some secure position in the vicinity of Far West, protecting the citizens & their property from the aggressions of the Mormons until I arrive with my force, which will be by tomorrow night, amounting to two thousand. But you are not to make any attack or operate offensively until I arrive, where the plan of adjustment suggested by the Commander in Chief and proposed by myself, will be communicated. You must take steps if you have not and if it be necessary to provision your forces by foraging or otherwise. If you have any prisoners, you will make no truce with them by which they are to be discharged until my arrival, but preserve them from injury as prisoners. The Governor, I have learned this evening, is on his way up and will join us perhaps to-morrow.
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SIR:- I received your communication of this day per express and can only say you are right in obeying the orders of Gen. Lucas although they were not without authority so far as he was concerned. You have, I suppose, taken the whole of the men of the Mormons prisoners. If not, you will do so and place such a guard around them and the town as well to protect the prisoners and to secure them until they can
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[Fifth Judicial District, State of Missouri] [General Order.] Brig. Gen. Robert Wilson will take up the line of march with his Brigade this morning for Adam-on-diamon in Daviess County and take possession of the prisoners at that place and proceed to ascertain those who committed crimes. And when done to put them under close guard. And when he moves, take them to Keytesville after having them recognized by the proper authority. He will then endeavor to restore the citizens of Daviess to their homes. After things have been restored as far as may be he will march for home and discharge his force and report to me. I send a copy of the orders of the Governor to me, which are transferred to him, all things for that particular service to do all things which you may deem necessary under said order.
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Understanding that Maj. Gen. Clark is about to return with the whole of his command from the scene of difficulty, we avail ourselves of this occasion to state that we were present when the Mormons surrendered to Major Gen. Lucas at Far West and remained there until Major Gen. Clark arrived. And we are happy to have this opportunity as well as the satisfaction of stating that the course of him and his troops while at Far West was of the most respectful kind and obliging character towards the said Mormons. And that the destitute among that people are much indebted to him for sustenance during his stay. The modification of the terms upon which the Mormons surrendered, by permitting them to remain until they could safely go in the spring was also an act that gave general satisfaction to the Mormons. We have no hesitation in saying that the course taken by Gen. Clark with the Mormons was necessary for the public peace, and that the Mormons are generally satisfied with his course. We feel duty bound to say that the conduct of the Gen., his staff officers and troops was highly honorable as soldiers and citizens so far as our knowledge intends, and we have heard of nothing derogatory to the dignity of the state in the treatment of the prisoners.
SIR:- In pursuance of your order dated at Far West Nov 7th, I marched with the troops under my command for Adam-on-diahmon in the County of Daviess where I arrived on the 8th. Immediately after my arrival I had called together all the Mormons then residing in Daviess County and distinctly informed them of the nature of the order of the Commander in Chief, and that you had transferred the same to the undersigned to be executed in the County of Daviess. I also informed them that they would be permitted to remain in Daviess County during the winter or that they, at their option, should be permitted peaceably to remove themselves and property to Caldwell County if they desired so to do. That I would remain ten days with a sufficient force for their protection, and that I would give to such as desired it a written permit to remove to Caldwell or out of the state. So soon as this was made known to them, they unanimously made application and received the permit above alluded to. And in the course of ten days all the Mormons residing at that point, with a few exceptions,
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SIR:—The whole of the forces placed under my command, for the purpose specified in your orders of the 26th and 27th of last month, (copies of which are here attached, marked A and B,) being discharged, I now, in pursuance of your orders, proceed to report to you my movements; as well as to submit to you such facts as I have been able to embody, showing the commencement, progress and termination of this perplexing difficulty. One or two days before I received your orders, above referred to, I had, upon information received from Messrs. Rees, Williams, Dickson, and Woods, in writing (copies of which are here attached, marked C.) issued orders to have raised in my division 1,000 mounted men, to be ready to march on Monday the 29th of last month, all of which I immediately communicated to you by express. The express, however, conveying my communication, met one from your Excellency, conveying to me your orders, and returned. On the 29th, according to my order, the first Brigade rendezvoused at Fayette, prepared to march and did on that evening take up the line of march and reach Chariton. On the next morning, the 30th, I received an express from Gens. Atchison & Lucas to you, but which had been sent to me by Col. Williams, your aid. After examining it I enclosed it to you. This letter slated war was inevitable, and that they would hold the enemy in check, until you could arrive. Supposing from previous information that the forces under the command of Gens. Atchison and Lucas would only be employed as stated, I wrote to them, telling them to act for the best, according to circumstances, until my arrival, in which letter I enclosed copies of your two orders to me, (this letter is here attached, marked D.) On this evening we reached Keytesville, when we met the second Brigade, commanded by Brig. Gen. Wilson, who had been ordered to join me at this place. Here 1 organized the division, giving Col. J. W. Redman the command of the first Brigade, in the absence of the Brig. Gen. The next day we took up the line of march for Richmond, making forced marches. On the day we reached Carrollton, Nov. 2., I heard that Gen. Lucas had invested Far West, and affected a capitulation, the terms of which was that the Mormons were, 1st, to give up their leaders to be tried and punished. 2nd, All who had taken up arms to make an appropriation of their property, to pay their debts, and the damages they had done. 3rd, The balance should leave the State forthwith, and be protected out of the Stale by the Militia. 4th, To give up all their arms. These propositions seem to have been proposed in writing by Gen. Lucas, and accepted to by the Mormons, as I afterwards learned. I here sent another express to Gen. Lucas, ordering him to hold to the prisoners, and make no final treaty until I arrived; when I would communicate to him my views,
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[Fifth Judicial District, State of Missouri] Respected Friends:—Humanity to an injured people prompts me at present to address you thus. You were aware of the treatment (to some extent before you left home,) received by that unfortunate race of beings called the Mormons, from Daviess, in the form of human beings inhabiting Daviess, Livingston, and a part of Ray county; not
being satisfied with the relinquishments of all their rights as citizens and human beings, in the treaty forced upon them by General Lucas, by giving up their arms, and throwing themselves upon the mercy of the State, and their fellow-citizens generally, hoping thereby protection of their lives and property, are now-receiving treatment from those demons, that makes humanity shudder, and the cold chills run over any man, not entirely destitute of any feeling of humanity. Those demons are now constantly strolling up and down Caldwell county, in small companies armed, insulting the women in any and every way, and plundering the poor devils of all the means of subsistence (scanty as it was) left them, and driving off their horses, cattle, hogs, &c., and rifling their houses and farms of every thing therein, taking beds, bedding, wardrobe and all such things as they see they want, leaving the poor Mormons in a starving and naked condition.
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DEAR SIR:—I have recently seen Col. Price, who made known to me-the object of his mission to this part of the State. In reference to the lawless depredations said to be practiced [sic] on the Mormons, I have no doubt that the charges are, to a certain extent, true, and I have as little doubt that the perpetrators of them can be effectually brought to justice by the civil authorities. If, instead of writing those inflammatory letters to members of the Legislature, these same men would come before me, and give such information as the law requires against these lawless character? I should bring them to an immediate account, and I am satisfied there is virtue enough in this community To aid and sustain me in so laudable an undertaking. I have heard frequent complaints, and have uniformly invited them to institute a legal investigation, but no person has thought proper to do so.
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[Fifth Judicial District, State of Missouri] SIR:—You will take measures, as soon as practicable, to cause the arms, surrendered by the Mormons, to be delivered to the proper owners, upon their producing satisfactory evidence of their claims. If, in any case, yon think an improper use would be made of them, you can retain such, using a sound discretion in the matter. You will call upon Capt. Pollard or any other person who may have arms in possession, and take charge of them, and this wilt be your authority for so doing. [Fifth Judicial District, State of Missouri]
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Document Containing... Correspondence, Orders, &c. Document Containing... Evidence. |