Senate Document 189 Evidence from King's preliminary hearing presented before the U. S. Senate
From Joseph Smith's History Vault
________ ________ [Fifth Judicial District, State of Missouri]
1
________ 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:
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