DOCUMENT
OONTAINING THE
CORRESPONDENCE, ORDERS, &C.
IN RELATION TO THE DISTURBANCES WITH THE
MORMONS;
AND THE
EVIDENCE
GIVEN BEFOBK THE HON* AUSTIN A. KING, JUDGE OF THE FIFTH JUDICIAL
CIRCUIT OF THE STATE OF MISSOURI, AT THE COURT-HOUSE IN RICHMOND,
JW A CRIMINAL COURT OF INQUIRY, BEGUN NOVEMBER 12, 1838,
ON THE TRIAL OF JOSEPH SMITH, JR., AND OTHERS, FOR HIGH
TREASON AND OTHER CRIMES AGAINST THE STATE.
PUBLISHED BY ORDER OF THE GENERAL ASSEMBLY.
Printed at the office of (be Boon's Lick Democrat, FAYETTE, MISSOURI :
1841.
INDEX.
PACE.
Legislalive Proceedinga - - - 1 S. M. Smith , a Mormon, to the Governor 8 Kxtract from Gov. Bogirs' Message of
1840 9
Resolutions ordering the printing of the
Mormon Documents - - - 10 Messrs. Campbell, Redman, Wood, and
Thompson, to J. L. Minor - - 11 J. L. Minor to Messrs. Campbell, Red- man, Wood and Thompson - - ib. Report of the Joint Committee - ib.
ULxtract (rnm the Message of Gov. Bofga
for 1838 12
General Assembly of Missouri - 13
The Governor to the General Assembly ib. Testimony accompanying the .Message 15 D. Ashby and others to the Governor i'j. The Cletk of the Circuit Court of Carroll
county to the Governor - - 17
Citizens of Daviess and Livingston
counties to the Governor - - 18 Supposed Irom Gen. Atchison to the
Governor, no signature appearing - 19 The Governor to Gen. Atchison - 20 Statement of William Dryden - - 2] L. W. Boggs to the Adjutant General 21 The Governor to Gen. Atchison - 23 The Governor to Ciipt. Childs - ib.
The Governor to Gen. Lucas - - 24 Gen. Doniphan to Gen. Atchison - ib. Gen. Atchis in to the Governor 26-27
Hon. A. A. King to Gen. Atchison - 28 Citizens ol Ray county to Gen. Atchison 29 A petition from certain Mormons to the
Governor - - - - ib.
Secretary of State to the Governor - 30 Gen. Atchison to the Governor - 31
Governor to Gen. Clark - - ib.
Gen. Parks to the Governor - - 32 Gen. Parks to Gen. Atchison - - 33 Gen. Atchison to the Commander-in- Chief -.-... 34 Gon. Lucas to the Governor - . jb. Gen. Atchison to the Governor - - 35 Report of the Committee of Chariton
county - . - . . 3g
Gen. Parks to Gen. Atchison - - 37 Gen. Atchison to the Governor - 38-39 Gen. Clark to the Governor - - ib. Statement of Adam G. Woods - 40
Capt. Bogart to the Governor - - 41 The Sheriff of Daviess county to the
Governor (affidavit) ... 40 ."Vffidavit of Philip Covington . . 43 (*)1 . Penniston to the Governor - ib.
Affidavit of Samuel Venable - . 44 Affidavit of Jonathan J. Dryden - 45 Affidavit of James Stone -" - . ib. Affidavit of Thomiis J. Martin - . 46 Gen, Atchison to theGovernur - - in. Gen. Parks to Gen. Atchison . - 47 Capt. Bogart to Gen. Atchison - 48
Citizens of Ray county to the Governor 49
PAOK.
T . C . Burch to the Governor - - 50 Proceedings of a public meeting in Ray county - - - - - - 51
Hon. A. A. King to the Governor - 53 Affidavit of Henry Marks - - 55
Affidavit of Adam Black - - ib.
Affidavit of Thomas B. March- - 67 Messrs. Williams and Reos to Gen. Clark ------ ib.
Letter from Messrs. Woods and Dickson 60 Governor to Gen . Clark - - - 61 E. M. Ryland to Messrs. Reesand Will- iams ------ ib.
Commander-in-Chief to Gen. Clark - 62 Gen. Lucas to the Commander-in-Chief 63 Gen Clark to the Governor - 64-65
Gen Lucas to the Governor - - 6(t Governor to Gen. Clark • - - 69 Gen. Lucas to the Governor - 70-72
Gen. Clark to the Governor - - 75 Gens. Atchison and Lucas to the Gov- frnur .... . . 7^
Governor to Gen. Clark - - - ib Gen. Wilson to Gen. Clark - - 77
Gen. Clark 10 the Governor - - 79 Governor to Gen. Willock - - 80
Governor to Gen. Clark - - 81-ib. D. Ashby's statement ol the Battle of
the Mill 82
Gen. Clark to Gens. Lucas and Atchi- son 83-84
Gen. Clark to Gen. Lucas - - - 85 Gen. Clark to Gen. Parks - - - it,. Gen. Clark to Gen. Wilson - - 86 Ceriiticaie of Mormons as to the eon- duct of Gen. Clark and his troops - 87 Gon. Wilson to Gen. Clark - - ib. Report of Gen. Clark - - - 89
iVl. Arihur, Esq. to the Representatives
Irom Clay county - ... 94 Hon. A. A. King to the Governor - 96 Governor to Col. W.C. Williams - 96
EVIDENCE.
Sampson Avard - - - - 97
Nehemiah Odle . - . . lOg
Capt. Samuel Bogart . - - ib.
Wyatt C.'avens KVS
.Maurice Phelps - - - - ib
John CorriU - - - - - 1 11} James C.Owens - - - 113-120
Nathaniel Carr - .... 1|4
John Clenunson - - - - ih.
Reed Peck - - - - - 1 16
William W.Phelps - - - - 120
Geo. iM. Hiiikle 125
William Splawn - - - - 129
Thomas M. Odle - - - - 130
John Raglin - . - . . 131
Allen Raihbun ■ - . - - ib.
Jeremiah Myers - - . - ib
Andrew J. job 132
Frecburn II. Gardner . . - 133
BurrUiggs 134
Elisha Comerm Charles Bleckley James Cobb Jesfe Kelly Addison Price - Samuel Kimbel John Whitmer - James B. Turnur George W. VVotrhington Joseph H. McGee John Lockhart - Porier Yale Benjamin Slade Ezra Williams - Addison F.Green John Taylor Timothy Lewis
PAGE.
- 136
- ib.
- ib
- 137
- ib.
- 138
- ib.
- 139
- 140
- 141
- 142
- ib.
- 143
- ib. . 144 . ib.
- 145
PAGE.
Patrick Lynoli - • - • - us
Malinda Porter ----- |46
Delia F. Pine ----- ib.
Nancy Rigdon ----- 147
Jonathan W. Barfow - - - . ib-
Thorit Parsons 148
Ezra Chipman - - • - - ib .
ArzaJudd, jr. - - - - - ib.
Asa Cook ...--- 149
O. H.Searcy to Gen. Clark - - 151
CERTIFICATES.
Secretary of State to the Clerks of the Circuit Courts of the counties of Boone, Caldwell, Daviess, and Ray 152; Certificate of the Clerk of Boone co. 153 Certificate of the Clerk of Daviess co. 156 Certificate of the Clerk of Caldwell co. 163.
CORKESPONDENCE, EVIDENCE, &G.
lp:gislative proceedings,
In the General Assembly of tlie Slate of Missouri. House of Representatives, Thursday, November 22, 1838-
On motion of Mr. Geyer,
Tlie House resolved itself into a Committee of the Whole upon tha state of the Republic — JMr. Emmons in the chair.
After spending some time therein, the committee rose, and their chairman reported: That the committee had under consideration the Governor's Message, to them referred, and have come to sundry reso- lutions thereon, which he reported as follows:
Resolved, That the Message of the Governor, communicated to the House on the 20th inst., be reierred to commitiees as follows:
ir)th. So much as relates to the recent difficulties between the peoeple called Mormons, and a portion of the people of this State, to a select committee of seven members, to act jointly with such commit tee ai may be appointed by the Senate, with instructions to mquire 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, Friday, November 23, 1838, On motion of Mr. Monroe, The Senate took up the joint resolution of the House of Represen- tatives relative to the late difficulties with the Mormons, which was concurred in, and Messrs. Turner, Noland and Scott were appointed a. committee on the part of the Senate, to carry the above resolutioji iQto ef!t!ct.
In Senate, Tuesdat^, December 18, 1838.
Mr. Turner , from the joint committee on the Mormon investigation, submitted tlie t ollowing report, preamble and resolutions: The joint committee to whom was reierred so much of the Gover- 1
^ 2
nors Message as relates to the recent difficulties between the people called Mormons, and a part of the people of this Slate, with instruc- tions 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 respectfally submit the tbllowing report and resolutions: ^
They have thought it unwise and injudicious under all the existing circumstances of this case to predecate a report upon the papers, doc- uments, &c., purporting to be copies of the evidence tsken before an examining court, held in Richmond, in Ray county, for the purpose of inquiring into the charges alleged against the people called Mormons, "rowing out of the late dilficulties between that people, and other citi- zens of this State.
They consider the evidence adduced in the examination there held, in a great degree exparte, and not of the ciiaracter which should be de- sired for the basis of a fair and candid investigation. Moreover, the papers, documents, &c., have not been certified in such manner, as to satisfy the committee of their authenticity.
It has been represented to them that the examining court have sent on for further ti-ial, many of that class of citizens called Mormons, charged with various criniesand oflences: under the charge of treason, six; tor murder and as accessaries tt ereto, before and after the fact, eight; and for other felonies, twenty-seven. Special terms of the Cir- cuit Court are expected to be held in the several counties, in which the above mentioned crimes are represented to have been committed. Grand Juries will then have those charges against said people belore them, and must act upon the ^ame documentary evidence which the committee would necessarily be compelled to examine, by which cir- cumstance two co-ordinate branches of this government may be brought • into collision — a contingency that should be studiously avoided and cautiously guarded against.
Another insuperable objection that has presented itself to the mind of the committee, and which v^ould induce them to suspend an investi- cration, under present and existing circumstances, would be the conse- quences hkely to result from a publication of their report. Those per- sonsvvho have been sent on iorfurther trial, have guaranteed to them the sacred and constitutional right ot "a speedy trial by an impartial juiy of the viscinage," and if the guilt of the accused should be confirmed by the report of the committee, it would so prejudice public sentiment against them, as to deprive them of that right, which should not be ta- ken away by any consideration involved in this inquiry.
If the committee were to find it necessary in the prosecution of their object, to have access to the papers, documents, &c., connected with this difficulty, the probable interference of the several courts be- ing in session, might seriously interrupt their views. It might reason- ably be expected that all the evidence of every description, would be m the possession of the courts, to be used on the final trial, and by that .means the investigation would be protracted to a much greater length
than would be necessary under different circumstances. They would therefore recommend, in order to avoid all the difficulties that have been presented, that a committee, after the adjournment of the General Assembly, go into the vicinity of the scene of difficuliie?, and makei their investigation, and report at such time, and in su'ch manner, as the the Legislature may direct. If this course should be adopted, the com- mittee believe that the session would be much shortened, and heavy ex- penses saved to tlie State, which otherwise would necessarily be incur- red in sending for -ivitnesses, 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 this committee, with instructions to select such docu- ments as in their opinion, ought to be published with the ^Message, and report to their respective Houses. The committee after a full consid- eration 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, un- der the autliority of the General Assembly, and submit to the two Houses the leading reasons for that opinion.
The documents may be divided into several classes:
Isi. The affidavits and correspondence preceding each series of au- thorized military operations.
2nd. The orders issued upon such evidence.
3rd. The military operations and correspondence consequent there- on; and
4th. The evidence taker; before a court of inquiry, held for the inves- tigation of criminal charges against individuals.
It was found by the joint committee, at an early' period 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 o! the documents referred to them. These docu- ments, although they are serviceable in giving direction to the course of inquiry, are none of them, except the official orders and correspondence, such as ought to bo received as conclusive evidence of the facts stated; nor are their contents such as would, without the aid of further evi- dence, 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 in- quiry, 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 reasons that it would be a direct interference with the administration of justice, this document ought not 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
the Executive, without the evidence on which they were founded; an<i that evidence is not sufficiently lull and satisfactory to authorize its publication. To publish the whole together might tend to give a direc- tion to the public mind, prejudicial to an impartial administration of justice in pending ca?es, while it will not afibrd 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 fol- lowing resolutions:
Resolved. 'I'hat it is inexpedient at this time, to prose'cutp 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 tha late disturbances.
Resolved, That it is expedient to appoint a joint committee, coin- posed of Senators, and Representatives to investigate
the cause of said disturbances, and the conduct of the mi'itary opera- tions in suppressing them, to meet at such tkne, and to be invested witti such powers as may be prescribed by law.
In Senate, Thursday, January 10, 1839.
Mr. Cam,pbell offered the following as additicnal to the resolution of the House:
Resolved by the Senate, the House of Representatives concurring therein. That the thiee foregoing resolutions be referred to a joint committed of the two Houses, heretofore raised on the subject of the Mormon dif- ficuliies, with instructions to report a i)ill in conformity thereto, as soon as they can conveniently prepare the same; which was agreed to.
In Senate, Wednesday, Janqary 1G, 1839.
Mr. Turner from the joint select cornmitte asked and obtained leave to introduce "a bill to provide for :iie investigation of the late distur- bances in this State." Which bill is as follows:
A BILL
TO PROVIDE FOR AN INVESTIGATION OF THE LATE DISTURBANCES IN THIS STATE.
Be it enacted by the General' ^ Assembly of the Stale of Missouri, as follous:
§ 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 ia repressing them: which committee shall consist of two Senators, to b«
elected by the Senate, nnd three Representatives, to be elected by the House of Representatives.
§ 2. Tiie committee sIkiII meet at Richmond, in the county of Ray, «n the first Monday of May next, and shall thereafter meet at such times nnd places us they shall a|i|ioint, as most suitable tor the efl'ectual dis- charge of the duties enjoined on them by this act.
§ 3. Such committee shall have power to choose a Chairman, to ap- point a Clerk, a Sergeant-at-Arms, and as many Assistants, not exceed- ing two, as they shall deem necessary fur the prompt execution of pro- cess issued by them.
§ 4. A majorit}" 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 appomted for n 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 com- pulsory process for witnesses, to con)pel the production of books, pa- pers, and other evidences, to punish contempts committed in their pres- ence, 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. Subpamas and other process shall be under Ine hand and private seal of the chairman, and countersigned by the clerk, and shall be exe- cuted by the sergeant-at-arms or one of his assistants,
§ 7. The clerk, sergeant-at-arms, and his assistants, shall before en- tering upon the duties of their respective offices, take an oath to sup- port the constitution of the United States and of this State, and to demean themselves faithfully and vigilantly, in their respective ofRces.
§ 8. The chairman anti each member of the committee, shall hava power to admininister oaths to officers and witnesses to the same ex- tent and with like rfTect as a court of record or a judge thereof.
§ 9. The sergeant-at-arms and his assistants, shall have power to ex- ecute process directed to them, in any county in this State, to the same extent and with the like eflect, as any sherif}' now has within his county.
§ 10. It sliall tie the duty of the clerk to keep a regular record of the proceedings of the committee, to recoid the evidence taken, and to file and preserve all papers and documents, appertaining to the duties ot 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 al! papers and documents lending to aid in the object of the enquiry, to cause persons having knowledge of any facts 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 comnittee shall have completed the duties hereinbefore* enjoined, they shall make a report, setting forth the facH
which in their opinion are established by the evidence, together with their opinion thereon, as to the causes of the disturbances, and the con- duct 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 oflice of the Secretary of State, within thirty days after the enquiry shall Ije concluded.
§ 15. It a proclamation convening the legislature shall not be issued within twenty days after the deposite of the report, records and docu- ments 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 travelling allowance as members of the General Assembly; the clerk shall be allowed at the rate of four dollars per day for his services; the sergea,nt-at-arms and assistants, shall receive for each arrest one dollar and fifty cents, for summoning each witness fifty cents, and trav- elling allowance, at the rate of eight cents per mile he shall necessa- rily travel in going from the place of sitting of the committee, to serve process and returning.
§ 17. VVitnesses shall be allowed for each day's attendance, one dol- lar and five cents per mile they shall necessarily travel, in going to and returning from the place of the sitting of the committee.
§ 1 8. The committee shall have power to have a room wherein to hold their sittings; to purchase stationery and other tilings necessary in the discharge of their duties.
§ 19. All accounts shall be audited by the committee, and on certifi- cates 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 their clerk, shall be paid oui of the appropriations for the pay of the General Assembly; ah' other expenses shall be paid out of the appropriation for the contingent fund of th General Assembly.
§ 21. The expenses for printing and distributing the report of the committee with the documents, shall be paid for out of the appropria- tions for priming: and warrants shall be drawn therefor, by the Audi- tor 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 im-' mediately supply such vacancy, by designating a membor of the proper house to serve on the committee.
§ 23. This act shall take eflect from and after its passage. Which was read a first time, and on motion of Mr. Turner, The rule requiring bills to be read on three several days being dis- pensed witfi, tl-ie bill was read a second time, referred to the committee of ihe whole House, and ordered to be piinted for the use of the mem- bers of the Geneial Assembly.
Ii* Skkate, Thursday, January 31, 1839.
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 1 3th section, and the first and second lines of the 1 5th section to tiie 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:
Atks — Messrs. Campbell, Conger, Darby, Deguire, Gilliam, McDan- iel, Miller. Morin, Montgomery, Noland, Pratt, Scott, Sterigere, Tur- ner and Thompson — 15.
Nays — Messrs. Ashby, Byrd, Daniorth, Gentry, Glascock, Gorham, Grimsley, Hunter, Hyatt, Jones of Cooper, Jones of Pike, Maupin, MclWaine, 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 Ibllows:
Ayes — Messrs. Ashby, Campbell, Conger, Danforth, Darby, Deguire, Gilliam, Grimsley, Hyatt, Jones of Cooper, McDaniel, Mcllvaine, Mil- ler, Morin, Montgomery, jNoland, Pehn, Pratt, Sterigere, Scott, Turner and Thompson — 22.
Nays — Messrs. Byrd. Gentry, Glascock, Gorham, Hunter, Jones of Pi'ke, Maupin, Monroe, ilawlins and Watts — 10.
Absent — Mr. Alford. >
House of Representatives, Monday, February 4, 1839.
The bill from the Senate, entitled "an act to investigate the late dis- turbances 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, BVown of Franklin, Burckhartt, Canole, Cannefax, Caldwell, Carson, Carstarphen, Chiles of Jackson, Clark of Linn, Cowan, Enloe, Emmerson, Fisher, Fulkerson, Gore, Hall, Hancock, Harris, Hickcox, HoUiman, Jackson of Audrain, Jackson of Howard, Kemp, Kincheloe, McLean, Miller, Min- nis, Montgomery of Benton, Montgomery of Pulaski, Morehead, Mo- rin, Morris, Persinger, Polk, Ritchie, Russell, Smith, Thompson, Wat-
8 • '
(ton, Williams of Cape Girardeau, Williams of Van Buren, Wilkes and Wright— 48.
Nats — Messrs. Atchison, Bogy, Bowring, Brown of Scott, Burt, Burgee, Cauik, 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, Nelherton, Pratt, Primm, Redman, Rollins, Sappinglon, Young of Cal- laway, Young of Lafayette and Mr. Speaker — 37.
Absent, (sick) — ^Messrs. Corrill and Keljy.
Absent — Messrs. Gordon, Mason, Reese, South and Woodsoa.
CORRESPONDENCE. S. M. Smith, a Mormon, to the Governor.
KiRTLAND, Ohio, March 21, 1839.
1 beg leave to present to your Excellency a petition, praying your assistance in a matter of vital importance to me, and to my friends. ] have received by letter, from the widow and others, the following iacls respecting the murder of a brother in your State, by the name of War- ren Smith: He was a Mormon, (the only one of the connexion.) 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 or four other fami- lies, had arrived to within a short distance of the end of their toilsome journey, they were inf-jrmed that the roads were strictly guarded, and to proceed further would be disastrous; ihey consequently halted at Shoal Creek, and encamped in the edge of a prairie, when they were attacked, on the 6th of November, by an armed force of two or three hundred. The women and children fie 1 to the woods, the men and boys to a log blacksmith shop. The ruffians instantly surrounded the latter, and m a few minutes massacred about twenty. After the roar of death had ceased, and the inhuman banditti retired, the women crept silently from their hiding places, and selected each, her 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 deep narrow tomb together, (viz: a well,) and fled again to the thick circling shade of the gloomy forest, to escape a like or a worse late, 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 ten years of age, who begged hard foi 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 ex- ocution, to bring to condign punishment the perpetrators of this barba-
rous deed. This is my petition! Will it be heard? Will the Gover- nor of Missouri see that the laws of his State are executed, and the luifeiing of innocent widows and orphans assuaged? I Jjave not sought to procure tlip signatures of any, but choose to ])resent my name snigly in the name of the suffisrers. I appeal to your hunianily as a man, and your authority as Governor of Missouri, hoping that it will not be in vain. It is said and beleived by many, that your [Proclamation author- ized the extermination of the Mormons. I can hardly beiieve this pos- sible. I ihink it would go to legalize murder and robbery, and be in- compatible with your constitutional powers.
In your answer, address S. M. Smith, Kirlland Mills, Georgia county, ■Ohio. I have the honor to subscribe myself.
Your liumble and obedient servant,
S. M. SMITH.
To His ExcelleiLcy, L. W. Bogcs,
Governor of Missouri.
EXTRACT FROM GOV. BOGGS' MESSAGE OF 1840,
Since your last session, the unpleasent difficulties between a portion •f the citizens of our State and the Mormons have entiiely subsided, with the exception of some slight interruptions on our north-eastern border, — Alter ihat infatuated and deluded sect had left our State, they industriously propagated ihorouuhout the Union, the most exaggerated detai's of our difficulties and the foulest calumnies agairjst onr citizens. In some of our eastern cities, missionaries of their creed were employ- ed, daily making converts to their cause by proclaiming the cruettie* 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 find it to their interest to distort ths acts into a persecution, which in every religious exciti'ment that has marked the history of the earth, has always been lound tlie most effect- ive weipon of conversion.
In all intestine commotions, particularly when mingled with religi- ous fervor, it freq uenlly happens that cases occur o( peculiar hardship ■lid unusual distress, and when public sympathy is excited in their be- half, these unavoidable consequences of civil dissension may easily be magnified into barbarous cruelty — that such cases arose in the course of- the difficulty, I do not doubt, — But they must be attributed to tha excited nature of the contest of the parlies and not to any desire on tlie part of our constituted authorities to wilfully or cruelly oppr them.
These people had violated the laws of the land by open and avowed resistance to them — they had undertaken without the aid of the civil authority to redress their real or fancied greivances — they had mstilu- od among themselves a government of their own, independent o( and- la opposition to the government of this State — they had, at an inclem-
10
ent season of tlie year, driven the inhabitants of an entire county from iheir homes, ravaged their crops and destroyed their dwellings. Under these circumstances it became the imperious dnty of the Executive to interpose and exercise the powers Vt^ith which he was invested, to pro- tect the lives and property of our citizens, to restore order and tran- quility to the country and maintain the supremacy of our laws.
We o^we 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 »ur individual reputation and we should use the same exertion in maintainig the one as spotless as the other. Full testimony as to all the necessary facts of that contro- versy has been preserved or can easily be procured. Written evi- dence, on both sides, has been iiled 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 per- fectly conclusive, andahe reputation of our State can be rescued from reproach by an exposition of the true causes and events of these diiSculties.
In recommending the publication of this testimony, I have no care about its efl'ect upon the principles ol that sect. Our constitution has given us the high piivilege of religious independence, and left the wor- ship 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 publica- cation of all tjie evidence relatihg to the occurence and distributmg the same to the chief authorities of each State.
RESOLUTION ORDERING THE PRINTING OF MORMON
DOCUMENTS.
Resolved by the Senate, the House of liepreseniatives concurring :
That two thousand copies of the evidence taken before the examin- ing court in relation to Mormon difficuldes. and such of the letters (M'ders 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 ibrm, under the direction ot the Secretary of State ; that one copy, in lieu of the manuscript copies heretofore ordered, be sent to our delegation in Congres, to be laid be- fore the Houses to which they respectively belong, one to each mem- ber of Congress, and the residue be distributed among the members ot the Geaeral Assembly. v
Approved Feb, 16, 1S41.
11
CiTT OF Jefferson, Fe^. 17, 1841.
To Jas. L. Minor, Secretary of State.
The Joint Committee of the Senate and the House of Representa- tives, on the subject of tlie publication of the documents on file in your office, relating to the Mormon disturbances, respeclluliy request that you will furnish us with all the letters, orders, correspondence, papers and documents in your office, relating to tire origin, history, and ter- mination of the difficulties with the Mormons in this State.
Very Respectfully,
Yours &c.,
WM. M. CAMPBELL, J. W. REDMAN, W. T. WOOD, J. B. THOMPSOiN.
CiTT OF Jefferson, Feb. 17, 1S41. ,To Messrs Wm.M. Campbell, J. W. Redman, ) Committee. W. T. Wood, J. B. Thompson. ^ Gentlemen -.—In reply to yoftr 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, 1 have the honor to state that the committee is now in possession of all such letters, &:c. Very Respectfully,
JAS. L". MINOR, ^ Secretary of State.
REPORT OF THE JOINT COMMITTEE.
CiTV OF Jefferson, Mo., Feb. 17, 1841.
The joint committee of the General Assembly appointed to examine the documents, orders, evidence and corespondence in the office of the Secretary of Stale, in relation to the causes, origin, history and termi- nation of the Mormon disturbances, have done so, and are of opinion that all such documents ought to be published under the resolution ot the General Aeshmbly, without suppressing any part thereof.
These documents would con sist of the following parts:
1. The entire evidence taken before Judge King, sitting as an ex- amining court, together with the. written statement (or sentence) ol Judge King appended thereto.
2. All the communications to the Governor of the public meetings, or from citizens complainig of the conduct of the Mormons and asking for military aid.
3. All communications to the Governor irom the Mormons com- plainmg of the conduct ot the citizens of the county and asking for nrotection.
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4. All military orders of the Commander-in-Ciiicf, and other military officeos, and the correspondence in relation to the military operations Bgainst the IMoi'mons.
5. The report of General Clark with the documents accompaning the same, and all the letters on file fiom Messrs Ryiand, King, Ashby, Rees, Bogarl and other citizens of this State.
6. All papers in relation to arms or other property faken from th» Mormons.
7. All papers on file in relation to the indictment, escape and de- mand for the surrender of the Mormon Leaders. (The indictment need ROt 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 Repiesentalives.
9. It is also the opinion that the Secretary of Slate should procure , from the clerks of the circuit courts of Ray, 'Caldwell, Daviess and
Boone, a general certificate as to vvho 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 [)revented by the escape of the prisoner, or the forfeiture of iiis recognizance, or from any other cause, and the infor- mation thus obtained should be published.
' The committee believe the whole amount of matter to be published, should be arranged by the Secretary of Stale in the manner that he in his judgement may deem best, and that a table of contents, or brief 'index, should be pi-epared and accompany the same.
The committee believe that, that portion of the copies to be publish- ed, which ai'e 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 in which they reside, for them, unless ihey should direct them i» ba sent in some other manner.
WM. M. CAMPBELL, of the Senate. J. W. REDMAN, i . „ „ r n
W T WOOD V ^J -""^"^^ ^^ ^'
J. B. THOMPSON. S resenlalives.
EXTRACT FROM THE MESSAGE OF GOV. BOGGS FOR 1838.
The difiiculties which have taken place between the people called the Mormons, and the citizens of the adjoining counties, have recent- ly assumed the most serious aspect. It was Ibund neccessary to call out a portion of the militia to quiet these disturbances, and to restore ]3eace 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 thi«
13
subject at the present time, as tiie matter is now undergoing judicial investigation. 1 have directed the general officer who was placed ia command of the troops raised for this service, to collect and embodj all the facts in relation to the conimencemeiit, progiess, and termina- tion of this iiniortunate affair, and report to me as early as possible, so that the suliject may be placed belore the i.egisialure. I shall avail myself of the earliest opportunity, after receiving his r°port, 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 Rkpresentatives, Thursday, November 22, 1038.
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 ot the people of this (State, copies of all orders issued by the Executiva 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 ope- rations authorized by the Governor.
[Extract from the Journal of the House of Representatives. Page 24.]
The Governor to the General Assembly,
City or Jejterson, December 5, 1833.
To the Honorable the House of Representatives of the State of Missouri.
Gentlemen : — In compliance with a resolution of the House of Ke- presentalives of the 22ulto. requesting the Governor to communicate tcf the House "all infoimation in his possession in relation to the recent difficulties, between the people culled Moimons ami a portion of the people of this State, copies of all orders issued by the Executive calling mto service volunteers and fnilita, and lor the government there- of, ami lor the conduct of the military operations, with copies ol all cor- respondence in relation to said difficulties, and the military opera- tons auiliorized bv the Governor:" I have now the honor herewith to transmit the information required, including Major General Claik's report, and a portion of the testimony, taken upon the examination ot 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 ihe residue of the testimony, which, v/hen received, will be transmittetl 10 the House.
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As formidable as the insurgents were represented, and as tiiey are now known tn jiave been, still the number of troops ordered in this service may appear large. In detatching So many the Executive was influenced solely by a desire to prevent the efTusion of blood. It ap- peared to me every way best to send such a force as would awe them into submissiori —a smaller number could undoubtedly have conquered and subdued the disafiected in combat but many valuable lives ""would have been lost; audi did not consider that I should truly reflect the wishes and opinions of the people, had I stopped to weigh the expen. diture ofa few thousands, against the best blood of the land.
I received information of the partial intelrupfion of the peace in De Witt, 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 divison \v3.s fully authorized under the law, and had ample force to preserve the peace. It will be seen by the report of Mnjor Generals Atchison, that measures were promptly adopted by him to meet the emergency.
Immediately' upon receiving intelligence of the last of the Mormon outrages. General Atchison and Lucas repaired to the scene of diffi- cultv with a considerable force; although this movement was not direct- ed by the Executive, and was unknown to him, it was justified by the circumstanses, 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 ot him by the Execu- tive, when he was assigned to this delicate and important command. Among the papers submitted, I am happy to lay before the Hr>\isil a voluntary tribute, from the principal men among the Mormons, to the humanity and kindness with which he had executed this dissagreeable duty, and to the good conduct of his troops.
The information transmitted under the call of the House of Repre- sentatives, 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 opeaing of the session, and will, it is h(^ed, be taken as a redemption of that pledge. The under- .signed therefore respectfully requests that the House of Representa- tives, at such time as they deem capvenient and proper, will cause this communication, and the documents submitted, to be laid before the Senate, for the considoration of that body.
I have the honor to be ' Most respectfully.
Your obd't servant,
LILBURN W. BOGGS.
. 15
TESTIMONY ACCOMPANYL\G THE MESSAGE.
Stale of Missouri, }
1 > ss
Counlij of Daviess. 5
Before me, William Dnden,one of the Jus- tices of the Peace of said county, personally came Adam Black, who being duly swnrn according to law, deposith and saith : that on, or about the 8th day of August, 1838, in the county of Daviess, then came an armed force of men, said-(oj be 154, to the best of my information and surrounded his house an d family, and threutened him with instant death if he did not sign a certain instrument of writing, binding him- sell as a Justice of the Peace for said county of Daviess, not to molest the people called Mormons, and threatened the lives of myself and other individuals, and did say they intended to make every citizen sign such obligation, and further said they intended to have satisfiction for abuse ihey had received on Alonday previous, and they w'ould not sub- mit to the laws; and further saith, that from the best infoimation and his own personal knowledge, that Andrew Ripley, George Smith, Eph- riam Owens, Harvey Umstead, Hiram Nelson, A. Brown, John L. Butler, Cornelius Lett, John Woods, H. Redfield, Riley Stuart, James Whitacre, Andrew Thor, Amos Tubbs, Dr. Gourze and Abram Nelson was guilty of aiding and abetting in committing and perpetrating the above oU'ence.
Sworn to and subscribed this 28th day of August, 1838. W, Drtben Justice of the Peace ) a tm i>t m . nr-
of the county aforesaid. \ ^^AM BLACK.
D, A'ihbjj and others to the Governor.
Brunswick, September 1, 1838. His Excellency Lilburn W. Boggs:
Dear Sir: — Our country is in a complete ferment, and our families are rendered daily unhappy in consequence of the reports which are constantly coming in concerning the hostile intentions of the Mor- mons and their allies, as it is currently reported and believed that they have ingratiated tliemselves with the Indians, and indeed they say so, to assist them in their diabolical career.
The fears ef the people are greatly excited, and nothing is now talk- ed of but the contemplated struggle, and plans seem to be devising all around us for the most efficient protection against their encroach- ments. A deadly hostility is kept constantly alive on their borders, and GUI' old neighbors and frieuds are petitioning help fromabroad to re- lieve them in their present ditficulties. Being remote from tiie imme- diate vicinity of the Mormon troubles, we can give but little of au-
16
thentic dnta on which to act, but we are strongly of opinion that lher«. is a deeply laid scheme existing among these fanatics, that will b» highly destructive to character and at once subversive of the right* and liberties of the, people.
We have the best authority for believing that, in their public teach- ings, their people are taught to believe and expect that immense num- bers of Indians, of various tribes, are onlv waiting llie signal for a general rise, when, as they state it, the "Flying oi Destroying Angel," will go through the land, and work the general destrucUKm of all that are not Mormons. It is not our object at liie present to trouble you with a detail of all the reports in reference to this afiiiii', but we will «taie a case within our own knowledge, coming fron*! a man who left this neighborhood to join the Mormons, and who has the reputation amoni'' the citizens of Chariton county, for a number of years, as being a man of strict veracity. He has returned periectly satisfied that their object is everything opposite to Christian feeling and principle. — 'I he following statement which he makes, is given at his own request, and underhisown hand: — "I have resided smtng the jeople called Mormons about five months, during which time I have had frequent opportunities of meeting with them, both in their public and privals associations, and have sought every possible .ipportunity of acquiring information. I distinctly recollect hearing Joseph Smith, the prophet, state in a public discouise that he had fourteen thousand men, not b«- longing to the church, ready at a moment's warning which was general- ly understood to mean Indians. It was a very common source of re- joicing among all classes, oven the women and children participating, that the time had arrived when 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 com mon feeling amongst them, amounting to a conspiracy to protect one- another against the civil officers of the couniry, even if it should be at- tended with death. The public teachers have recently been very ur- gent in soliciting the people to flv to their towns for protection, as th» time had arrived when the " Flying Angel" should pass through th« land, accompanied by ihe Indians, to accomplish the work of destruc- tion, find furthermore stating i,that they will have enough to do to protect ihemselve whilst this work is goins on."
'NATHAN MARSH." From the above facts, added to the general reports, we have with all due consideration thougiit proper to suggest to your Excellency the propriety of issuing orders to the militia, so that incase ol necessitv they may be called on according to the exigency of circumstances.
Your obd't servants,
DANIEL ASHBY, JAMES KEY TE, STERLING PRICE.
17
The Clerk of llie Circuit Court of Carroll Counfy to /he Governor, Cai;i!Oi.lton, IWissouri, Septkmeer, G, 1C3C. Hon. 1.. W. BooGs, Governor of Missouri.
Sin: — I nm vpqueslrd liy the cunnnitlee of s-afely nppoinled for Cariiill c.iainiy, u> Iniwaid \o your lienor, a cipy ol jin nl/idavit made by Joliii N. S.ipp. iliii cdhU'iits of which, ihry have evoiy reason lo ije- lieve are iiur; iliey \vis!i your honor, it you should consider ihe same sdvisnlile. 111 acquninl ihe Jndiiin ngcnlson our Ironlier w'uli that part of llie ulfiduvit |\hiii\ rclaios lo ihe Indians. 1 have ihe honor U) lie,
Will) great respect, vour nhd't servant, JOSEPH DICKSON. Sidle of Missovri, ) County ol Carroll.^
I, John N. Sapp, d(i Solemnly swear ihnt I resided in Daviess county, State atiiresaid, toi- abogi the space of five months, and wasameinber of ihe chuich ol ihe pei'-ple sti\'led JMormons, and ihal 1 lelt them about llie l5ili day of August last l>y stealih. When I left ihem they (said people siylfil r\i(innons) were building block houses, and calcu- lated lliis lall 111 build fortificalions for ihe proleciion of lheinse!\''es and I'ainilies in lime ol war, !or which ihey were making evcrv ar- rangement, and the i ndersiandins is, that each man has to cultivate one acre of land, and if the produce raised on said acre is not suffi- cient for their mainlaitiance, and ihal ot their families, tlicy are lo take the lialanci- from ilie Missourians, (liiereby meaning ihr people o'f other denoai niiioiis:) and I do, further say tliere aie beiwixt eight .-nd ten bundled iiien,»\\e!l arnifd and ((piioped, who have taken anoailito support Joseph Sniiih and Ls man ^Viglil, in opposition to the laws of tlie Slate of Alissouri, or oihciw ise. which said men are called Daniles; and 1 was a member of said body of Daniles. and have lakcn the above oath; and 1 do luilhersay, 1 liave beard Sidney' Rigdon and Lyman Wight say, they iiad twelve men of their cluirch among ibe Indians, and that their object was to induce the Indians to join lliem (ihe said Mormons.) in making war upon the lAJissourians, and they expected to be fully prepared to commence war ttiis fall, or next spring at I'unhest. And 1 also say, the Daniles aforesaid, are sworn to cowhide any person or persons, who may say aught against Joseph Smilh and Lyman Wight, and if lliat'will noi prevent them frtini speaking about said Siniili and Wight, then lliey are to assassinate Ihem.
his JOHN N. Xl SAPP. n.ari k
Snbsciibed nr.d sworn to before mo. Joseph Dickson, Clerk of the County Court, within and for the County of Carroll, Slate of Missouri, on tiie 4tli of September, 1838.
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In testimony whereof, I have hereunto set my hand, and [L. a.] affixed my private seal at office, there being no official seal yet procured, this 4lh day of September, 1838.
JOSEPH DICKSON, Clerk.
Citizens of Daviess and Livingston counties to the Qovcrnor,
Daviess CouNxr, Sept. I2, 183S.
To His Excellency, the Governor of the State of Missouri:
We, the citizens of the counties of Daviess and Livingston, repre- sent 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 Sth of Au- gust, 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 law- less 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 couniies, sent an express to Richmond last week for arms and ammuniiion, 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 prisjDners of, and taken to Far West, where they, the guard and the above munitions of war, are still held in custo- dy. On Sunday last, an armed force of fifty Mormons left their own en- campment in this county, and marched to the territory of Livingston county, for the purpose, as they said, of removing a considerable a- mount of property, which was subject to a lien, held by Mr. James Wel- den; they passed into the settlement secretly, and falling in with a fam- ily which they suspected would alarm the settlement, they violently seized, and made prisoners of the whole faimily, which consisted of three men and two ladies, all of whon\, with three others of our citi- zens, we believe are still held in the custody of those rebels, and depri- ved 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 humbly and unceasingly been petitioning our neighboring counties for aid, but we are yet in a helpless and defenceless condition. We, therefore, ttie people of the above counties, being well aware
19
that your honor is well acquainted with the character of those people called iMormons, and beleiving that our lives, our liberties, our proper- tv and our all, are in the most imminent danger of being sacrifioed by tile hands of those impostorous rebels, earnestly call on your honor for assistance — assistance we must have, or leave our homes and seek pro- tion elsewhere. Most of us, sir, emigrated to these frontier counties before ihere were any settlements formed; we have had to encounter, and have realized nearly all the dilHculties incident toa»ew 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 Canadian Refugees and emniissaries of tiie . Prince of Darkness — we and our families are ruined.
We are, sir, your petitioners, The Citizens of Dav:ess and Livingston Counties.
I, George F. Prichard, of the county of Uaviess, do solemnly swear,' that 1 had an interview with the Mornions who arrested the family in the territory of Livingston, above referred to, and saw three of the prisoners, and was informed by them, (the IMormons,) 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 subscribed to before me, this r2th dav of September, !S38. R. WILSON,
Clerk of the Circuit Court of Daviess county.
Supposed from General Atchison to the Governor, no signature appearing ,
Head Quarters, 3d Div. Mo. JMi. } Richmond, September 12, 1838. I
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 of 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 efTu- sionof 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 :i like number, from the Militia of Ray county. I have also ordered, four hundred men in addition, to hold themselves in readiness, if requi- red. The troops ordered out are mounted riflemen, with the exception of one company of infantry, who are also mounted. Those troops will proceed i.mmediately to the scene of excitement and insurrection. The
20
citizens ol' Daviess nnd Caldwell cnunlips are lyider nrms, so that it is deemed dnngernus for pe;if;eiilile cilizens lo puss lliiongli s;iiu couiilies. Cilizciis ul oilier cdunlips iiie flnclung in lo the ciiizpns ol Daviess couniv, nnd ilie ftJiuiiKiris aie flnckini; to iiie nssislance nl ihe Mor- mons in llioi-e ci'uniips, so ili;:t iKin liiC he^t inrorniati(>n 1 can alia'in, there caniioi lie less Uian l\\ o liiousand nicii in arms, wiihoiii, ;nv legal autliiiiiU' (ir|'iei(Xl wlnucvr-r, and il is very niueh learcd. tlial if a blow is vnvo. siiuck, ilieie w ill be a general condicl, the lei iiiiralion of •which, God onlv Iwiows. So soon as I arrive at ihe scene ol insurrec- tion or excitcinenl, 1 uill report to you lorlhwiih by express.
1 have the honor to be.
Your most obedient servant. P, S. I have also rfquii'cd ihe services ol' Col. Wiley C. AV.dliants, your aid, and niucii is expected Irom his influence and efficiency.
The Governor lo General Atchison.
[ORDER.]
Head Quartkhs of tme IVIii.itia, AnjuxANT Gexf.r.m.'s Office,)
August 30, icsa, , J
Gen. David R. Atchison, 3d Div. Mo. Mi.
Siii: — Indicatiiins of Indian disturbances on our immediate frontier, and the recent civil disiui liances in the counties of Caldwell, Davies* nnd Carroll, render it necessar\, as a [irecautionary measuir, that an efi'eciive loice ol the miliiia be held in reauiness, lo meet eiiher contin- gencv. 'Jiie Commander-in-Ciiiel, ihcrelore orders, that \ on cause to be'iaised immidiaiely, within the lindis (jf your Division, lo be held in readiness,^and sulijcct loluiiber oii'eis. lour bundi cd rnonnlrd men, aimed and( qui| I ( (I as inlaniiy oi' rifl( n.cp, and loinicd into ccmpanie* uccoi'diiig to h ^^, 1 rif ( r I (F.(eis already in comirission.
The Ci'ini)i(ni(ler-iii-Chu'l >ui:^'psis ihe pi(i|)iieiy of your causing the above order lo lie cariied inlo eliecl, m a manner calculated to produce asliule exciieineiit as possible, and rcpuit your proceedings to him throuiih liie Adjulani General.
\j\ order ol the Commander-in-Chief,
13. M. DISLE, Adjutant General.
[A similar letter was also addres,-ed lo J\]ajor Generals .lohn B.Clark, Samuel D. Lucas. David Willdck, Lewis liolton, Henry VV. Crowther und Thomas D. Giunt.j
21
Statement of William Dnjden.
To His Excellency, L. VV. Boggs,
Governor of Ike Stale of jllissouri.
Your petiiioner, Williini Divilen, an acting j'.istioe of tlie peace, within and lur U.ivii;s3 conntv, w.inld rrts();!ctliills' represent, ill it iIib counties ol Uiviess, G.ildvvt^ll and LivingUon are <eiiled, in part, liv a denoiiiiniUion nl people ciUhJ Al^ijnjns. These M )rnii)ns, to ihe num- ber ol ;iljoui. (iiteen hun Ircd men, hive assnciaied tliem-jelves l.'geiher, and have resisted, and do resist with force of arFn<, le^al pro'iess a- gainst persons bi'longini' to their denomination. Your p.'iiiioner fur- ther states, that on tiie 2Jih d ly ol' Ai^a-st last pist, Adam Black ap- peared before me, and m ide oaili, that Anihew llipley, George ymilh and others,, had ;)oen guilty of ahi.,'h oTeiico, kno.vn to the hiw, in sub- stance, as follows, to-vvit: That on, or about the 8ih day of August, 1833, in Diviess county, theiv came an armed lorcc to his, (Black's house.) in said coniuy, among wliom, the said llipley, Smiili and other persons nameil in said allilavit, were a part, and then ;ind there, with deadly weapons, m ide an assauU upon him, (the Siiid Black.) and then and there, threatened him (Black, who was then an acting justice of the peace, within and for Daviess county aforesaid,) witii instant death, if he dill n >l sign a certain inslru mm of writing, binding himsell, as a justice ol ilie peace of saul county ol Diviess,noi lo molest the people called Alormons, „n I tlireiiened tlie lives of liimsttif, (ihe said Black) and others, and said ihev intended to mike everv citizen of said coun- ty sign such obligation. &"..
Your petitioner further states, that he immediateij i?sued .a writ pur- suant to hnv, lor the ai-rcst of the said An:li'ew llipley, Ge^'i-ge iSmilh and otliLMS, comm mdinij: the oiti ;er, entrusted with l!ie execution of said writ, alter t'le arrest, !3 bring the bodies of ihepei'sons therein na- med, toi'ilpvith before your p 'tiliaacr, to ans woi' iha .;)n)'iini and further to be dealt with according to huv. There being no constable within ihailovvnship of which lam justice, he having been d:iven from the county by, and through fear of the Mormons, and your petiiioner believing that said writ would not be executed, unless a special deputy was m idc for that purjiose, your petitioner, then and there, appointed Nathaniel H. Blakely a sjiecial djpntv, to serve said ivrit, and saiil ap- pointment was endorsed on said writ, and signed bv myself oiiicially, .ind then and tliere delivered to the said Blakely. Your pstiiioner fur- thecstates, that the said Blakely, took the said writ, and summoned a guard, consisiingof ten men, who weni in searcii of the persons named in said writ, for tl'.e purpose of execuiinir s aid wiit, but tiiesaid consta- ble returned, that the persons named in said wiii, were not found in said comity, by reason of himself and guard liavin^r been d.-iven, by force, from ti'e town, in said county, in which the oifenders were sup- posed there to be. The said afli I ivit, writ and return, are herewith respectfully submitted lo jour lixcellency.
22 '
Your petitioner further believes and repiesents, 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 ftlormons, as they, each and every one of them, act in concert, and out number the other citi- zens. They also declare, that they are independent, and your peti- tioner verily believes, that the Mormons hold in utter contempt, the institutions of the country in which they live.
Your petitioner further represents, soaie time about the 8th of September last, that three individuals were arrested by the said Mor- mons, in Caldwell county, and held in custody, and your petitioner represents, that he believe?, they are still in confinement, without any warrant of law. Yourpetitioner further represents that he verily be- lieves, that no civil officer of the State, could cause to be executed any legal process within either of said counties of Caldwell or Daviess.
Your petitioner, therefore, respectfully prays your Excellency to fur- nish the civil officers, within and for the counties of Daviess and Cald- well, a sufficient number of troops to enable them to execute the laws of the land, and bring the offenders, aforesaid, to justice. To this end, vour petitioner will ever pray, &lc.
WILLIAM DRYDEN, Justice of the Peace, Daviess county.
.September 15th, 1838.
Executive Department, City oy Jefferson, Sept. 15, 1838.
To the Adjutant General.
Sir: — You will issue an order to Maj. Gen. Atchison, commanding the 3d 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 es- pecially, to furnish the officers charged with the service of the writ, mentioned in the foregoing petition of William Dryden, justice of the peace of Daviess county, with a force sufficient to enable him to eie- cnte said process, and bring the offenders to justice.
I L. W. BOGGS, Commander-in-Chief.
23
The Governor to General Atchison. [ORDER.]
Head Quarters ok the Militia, Adjutant General's Office, ) City of Jefferson, Sept. 15, 1838. 5
Gen. David R. Atchison, 3d Div. Mo. Mi.
Sir: — Information has recenily been received by the Gommander-in Chief, that the officers entrusted with the administration of the law Avilhin and for Daviess county, are wholly unable so to do, without the presence and assistrince of an armed ibrce.
The Commander-in-Chief, therefore orders, that without delay, you cause to be raised a sufficient force of the troops under your commt^nd, and with said troops, aid the civil officers within and for said county, to execute all writs andotiier process, witli the service of which, they may be charged,; and you are specially directed, with said sufficient force, to aid and assist the officer charged with the execution of a cer- tain 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 An- drew Ripley, George Smith and others, named in said writ, to execute the same, and bring the oli'enders to justice. By order of the Commander-in-Chief,
B. M. LlSi.E, Adj. Gen. Mo. Mi.
The Governor to Captain Child'!. >
[ORDER.]
Head Quarters oi the Militia, Adjutant Gen'eral's Office, ^ ' City of Jefferson, Sept. 18, 1838. ^
To Capt. Chilps, Commander of the Boonville Guards.
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 Gover- nor, with him to the scene of difficulty, in tiie counties of Daviess and Caldwell. Your action upon the subject is required to be immediate and prompt.
The Commander-in-Chief hopes and calculates upon the Boonville Guards using every exertion in their power, to procure horses, and of their being in readiness to march upon his arrival in Boonville, which will be about the end of this week.
By order of the Commander-in-Chief,
B. M. LISLE, Adj. Gen. Mo. Mi.
24
The Governor to General Lucas.
[OllDER.]
Head Q,jai;te:is of tii;-, Militia, .Vfijutant Gi'-AT-iiL's Ci'incB,') City of JelTerson, ypin. IC, lo33. \
Maj. Gen. S. D. Lucas, 4lh Div. Mo. Mi. Independence, Mo.
Sm: — On the 3Dl!i uliiino, an ordei wns direnled to you to onuse four hundred niountedmen to l)e raised imd held in re.idiness, subject to fuf- iher orders Iroiii the Com u uider-in-Chier. Inlornrition lias just reach- ed the Executive, that an insurreoiioii actually exists in the counties of Daviess and Cddwell. You will, ihei-efnre, inarch immediately "ith the number of men ordered from your Division, lo the scene ol dilli ;ukies, and co-i)[)er.ite with Gen. Aichlson and other otR.ier'! in resio.'iiiix ijuiet to the country, and supprdssiny the insunectiun. E ich mm will fur- nish himsell vviih at least ten day's pruvisions, and the neci'jsary arms and amauiniiiMn. Your action on this subject is |-e(|'iircd Id be prompt and iinmediite. Y'la will, of course, rrive the preference to volunteer companies already organized, that are iubject by la\V to be ordered out en musst:
liy order I'f the Commander-in-Cliipf,
B. M. iJSLE, Arij. Gen. Mo. Mi.
[A similar letter was ai' 'ressed to Maj. Gone;als Lewis B.ilton, John B. Ciailt and Thoioas D. 'J.-.)ni.]
General Doniphan lo General Atchison.
Head Quatiteiis, Ist Brig. 3d Div, Mr.. Ml. > Camp at Grand lliver, acpt. 15, 1333. \
Maj. Gen. David II. A.tciuso>;, Comm in Jing 3d Div. iMo. Mi.
Sir: — In pursuance of your orders, dated 1 1th inst., I issued orders to Col. Win, A. I^unn, comai mding ilie 23th ll-^gim^nt, to raise four com- panies of mounted rifl.Mnen, consisting of fiity men eacii, also lo CoL John B lulvvare, com nanding the 70;ii Rjginient, to raise two compa- nies ol m 'unted ridamfn, consisting each of like number, to start forth- with for service in the counties of Cald.vell and Da\iess, on the same day. Col. D inn obiained the lour companies of vo'iiaieers re- quired from ihe 23[h llegiment; on the morning of the 12tli, 1 took iha command in person, and marched to the line of llald well, at which point, I ordered the Colonels to m iiadi t!ie regiments to the timber on Crooked River. I then started for Far West, the county seal of Cald- well, accompanied by my aid alone. On arriving at that place, 1 fouad
2o
Comer, Miller nnd MoHany, llio prisoners mentioned in vour onlor. I demiiniled ot iliegirird, who had iheni in c.onlint'nu'nt, to deliver ihem ovei to ii,e, whici) \.v;is prompily done. 1 also found, that the f:;uns that had [■■wn iM,)iured by the sherilFand ciiizHPs of I'm! i\vell,had been dis- tribuied and jjlaced in ihe h mds (d the soldiei'v and scaiiered over the cnuiiiry; I ordered them lo lie iainiediately col eciled nnd delivered up to ni'. I then Srint an express lo (Jol. Dann, to nnrch the ren;iini'nt by dayli;i;!it, lor th.it plaiiv, where he arrived about 7 o'clock, A. ;\!.nid<ing forty miles since 10 o'clock, A. M. on the [irevioiis dav. When my coniinahd arrived, ihe guns vvere dt-livereij uj), am nintin.; to loriv-two stand lliree stand coiiM not ha produceil, a-; they had projiblv gme to Daviess county. I sent these guns under a guard, lo your command in Ray county^ together wiih the prisoner Comer, the oilier two being r/itizensol' Uaviess, 1 retained and bi'oiight wiih me to this count \', and relea'^ed them on parol ot" honor, ns I conceived their detent i >ii illegal. At 3 i'"i;!o(:k, A. iM. wo took up ihe line of m iivdi. and proceeded llirough Mill Port, ia I) iviess county, ihirty seven miles I'rom our I'ormer en- campo.Mit. and arrived at the carnp ot the citizens of Daviess aiid oiher adjoiuMig counties — they amounted to between two and ihri'e hiin(]ied, as their commander. Dr. Austin of (Jai'roll, inloimed me. Ycuii ;irder, requiring them '.o disperse, which had been forwarded in adv.-ince 'if my command, by your aid, .lames iM. Hughes, was reiid lo them, .and thev were i''>]Miied to dispei'se; -tiiey pr:ili'Sje(l ih.it their (jbjecl lor arming and c.ilieciiiig was solel; lor defence, bat they were matching and countrroKiudiing guards iiut, and ii'vself and others who approached the camp were taken to t.isk, and required to wait the approach ^i' the sergi' lilt ol' the guard. 1 liad an mlerview with Dr. Austin, and \\U pro- fessions were all pacific, but ihey still continue in ;M'ms, marrhnig and counter-iharching. 1 then proceeded with your aitl, .1. M. Huiihes, and my aid. IJ.mj. H dlidav', to the iMorm m encampment, commanded by Col. Ijvman VVight; we' held a conference with him, and he professed efiliic williiigiiers lo ihsband and surrender up lo me everv one ol the Mormons accused of ciiine, and I'cquired in return, ihat the liosiilft for- ces, collected by liie other citizens id the county, should also disband. At the cimp, commmded by \)i\ Austin, 1 demmded the, prisoner, de- manded in \nur order, who had been released on tha evening after my arrival in their vicinity. I took up line of march, and encamped in the direct road between the two hostile encampments, whete 1 have re- mained since, within about two and a li.ilf miles oi Wight's encamp- ment, e.nd sometimes the other camp is nearer, and some times i'urther from me. I mtcnd to occupy this position until your arrival, as 1 deem it best to preserve peace, and prevent an engagement between the par- ties, and if kept so for a lew days, they wili rioubtless disband without eoercion. I have the honor to be,
Yours with ie«pect, A. W. DOMl'llAN, Brig. Gen. 1st Brig. 3d Div. Mo. Mi.
26
General Atchison to the Governor.
Head Quarters, 3d Div. Mo. Mi. Grand River. Sept. 17, 1838.
To His Excellency, the Commander-in- Chief.
Sir: — I arrived at the count}' seat of this county, Daviess, on the evening of the 15th inst., with the troops raised Irom the militia of Ray county, wiien I was joined by the troops from Clay county, under the command of General Doniphan; in the same neighborhood 1 found from two to tliree i;undred men in arms,-principally from the counties of Livingston, Carroll and Saline; these men were embodied under the i pretext of defending the citizens of Daviess county, against the Mor- mons, and were opera' ing under the orders of a Dr. Austin, from Car- roll county. The citizens of Daviess, or a large portion of them resid- ing on each side of the Grand River, had left their farms and removed their families either to the adjoining counties or collected them togeth- er 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.
The McVrmons pf Daviess county have also left their farms, and have encamped for safety at a place, immediately on the east bank of Grand River, called Adam-oii-diahmon. The numbers are supposed tf> be about two hund'rci! ond fifty men, citizens of Daviess countVi and from fifty to one hundrcj men, citizens of Caldwell county; both par- ties have been scouting through the country, and occasionally taking prisoners, and threatening and insulting each other, but as yet no blood has been shed. I have ordered all armed men from adjoining counties to repair to their homes; the Livingston county men, and others to the amount of one hundred men, h;ive returned, and there remain now about one hundred aud'iifly who will. 1 am in isopes, return in a few days. I have ijeen informed by the Mormons, that all of those who have been charged with a violation of the laws, will be in to dav for trial; when that is done, the troops under my command will be no longer required in lhis-count3-, if the citizens of other counties will return to their respective homes. I iiave proposed to leave two companies, of fifty men each, in this county, and discharge the remain- der of the troops; said two companies will remain for the preservation of order, until peace and confidence are restored. I also enclose to your Excellency the report of General Doniphan, and ref^r you for particulars to Major Rogers.
I have the honor to be, vour obd't servant, ■ D. R. ATCHISON,
Maj. Gen"! 3 Div. Mo. Mi.
27
General Atchison to the Governor.
Head Quarters, 3 Div. Mo, Mi. f Liberty, September 20th 1838. S
To His Excellency, the Commander-in-Chief of the Mo- Mi,
. Sir :— The troops ordered out for the purpose of putting; dovVn the insurrection, supposed to exist in the counties of Daviess and Caldwell, were discharged on the 20th inst., with the exception of two compa- nies of the Kay 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 tranquility should be restored.
The reason that an officer of General Parks' lank was left in com- mand, were, 1st. that, if necessary he might call to his assistance upon the shortest notice, the whole force of his Brigade. 2d., the moral influence of an officer of his rank would be greater than an officer of less grade. 3d, 1 could not find an officer of less grade in my Divi- sion to amnage aflairs of so much delicacy and importance. All the offenders against the law, in that county, against whom process v>*ag taken out, were arrested and brought before a court of inquiry, and Vrecognized to appear at the Circuit Court. Mr. Thos. C. Bmch at- tended 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 despersed, 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 r>n end, but from the state of feeling in the county of Daviess and the adjoining coun- ties, it is verv much tobe feared it will break out again, and il so, without the interposition of the Commander-in-Chief, the consequences will be awful. From the best information! can get, there are about two hiln- dred and fifty Mormon families in Daviess county, nearly one half of the population, and the whole of the Mormon forces, in Daviess. Cald- well and the adjoining counties, is estimated at from thirt&en to fifteen hundred men, capable of bearing arms.
If an attack is made upon the Mormons in Daviess county, for the purpose of driving them from that county, it is very much to be feared tha t the Mormons, to a man, will assist the Mormons of that county; this will be ihecaselhav^ no doubt. I vviU further inform your Excellen- cy, that the Mormons are well armed, most of them being equiped with agood'rifieor musket,' a brace of large belt pistols, and a broad sword, so that from their position, and their fanaticism, and their unalterable determination not to be driven, much blood will be spilt, and much suf - fering endured, if a blow is once struck, without the interposition of vour Excellency.
Major Rogers, I presume, has given your Excellency a histoiy of the
28
immediate cniise of the disturbance in Diviess count)', and also Tudgo King lia-^ given a (ieinil of i'.icti us I'.u- as lie could le;irn them; [ send you ci>pic!s of Ju ige King's coniauiaiciiion to me, upon the .suhjeci of ordering out a military loree; alsn a petition from the citizens of Hay countv. 1 was also urj;ed to take that step hy the citizens of the most respect i!)ie i:ias;ses in the c luniy of Ciay, and was urged to it hy the citiz.ens ot Daviess county, aUo of Ci'd^vell county; Irom all which' represi'Mit It inns. J deemed it my duty to order out all the miiiiary for- ces and 1 nave, n ow no douhi ol ihe I'Toprieiy olihe measme; it has pre- vented blood l)ein^ shed, lor the present, and 1 an\ in hopes tor the future; It has convinced the Mormons that the law will be inlorccii, and othtr citizens that ii(;.ui be enlorc id, an 1 is ample to redres-; ad griev- ances. 'Tiie Alor.nons oP'iJiviess couniy, as I state I in a fornur re- port, were ene imped in a town called 'A I im-on-diahnion, and are head- ed by l,ym::n Wight, a bob!, bra ve, skill lul, and, 1 may add, a desperate man; tiiey appeared to be, aciingon the defensive, an I I in Ht iurther add, gave up the oiiemlers with a good deal ol promptness, ih«: arms taken by the Mormons, and pri^oneis were also given up np^in demmd with S'eining checrlulnesr'. Your order in relation to raising five hun- dred mounted men, '.vill hi aitead-'d to with promptness. I have the honor lo be, &c.,
DAVJDR. Al-CHISON.
iMaj. Gen'l. 3 Div. Mo. Mi.
/
lion. A. A. King lo General Alclmon.
" RicHjioND, Sept. 10, 1^338.
'29
aselcss, for tlie tniscliiof 'a ill he d'lnc befoi ? lip rniild net. PIcipp advise me of vciii" (Iptei minticn liy the bcitiei'; I "will poidinlly co-cjipi.-ne with you, wlicn vou ni;iv ipquirc; it. Ues-ppciluliv ,
AUSTIN A. KING.
Cithens of Ilaij Cvunhj (o General AlcLison. Gen. D.WiD 11. Atc iison.
Dkak v'\\\: — 'I'I.e iin'.ic:!-ii;n('d me fully inijuoFscd v\itli ;i 1 r-licl, that there is nn ni;i;i rcctimi en !< I'l. ii: il;e cc i.i.ins cij Cii'dw ell ;-.nd iJiiviess, in lliii-'Si;iU', loiwK'ii i|,e ftJiw ii,( r,s :ii:(( i-il.f,- ciiizcns ol ifis. State. ■ The ciiizciis 111 D:i\i('-^> ii;i\e a iMcpiiiinii in fuslody us a priFci.er, who ihey >o(di ;is a s-py ; and the jMoinii-iis iii Caldv.cil have three men, ta-wii^: .111, II (_'( ni( r. \S\-v. Rk llrny and AlU n JMiller, taken : nit eonfi- iied as [.lisctieis. 'J liry weie lalicii in passing licni Uny tlii(iijf:li Cald- well to Daviess. 'J"i:c L;n(ier.-;i<:ni d, ilit-iclcie, eaiiiestly ifqiie.>-l 301110 order (mjI ilie militia, to .mprpu'ss this in;iiri(M:i!i n, aiid to s-'avp il;e eflu- BJoii ol liUmd, uhichuiH!-t .-pcic^iiy i;.i>e pliice, unless pievfiitcd. 11. VV. Lile, CI. B. 'rha;:ken, Jesse Coaie.s,
AndeiRcn Alartin, W'atic liaii, .Inlm AieGee,
P. IL Wilt, Geo. \V..ouwaid. \V. G. Williams,
V Jas. S. Ball, J. VV. Wall, A. B. Sherwood,
Isaac iManson, L(-u;s 1>. Jacohy, .loel .lae(dis,
A. II. Ringo, .Ii.hii K. llujille.s, Jacob liille.
Alien Ball," jMe;i! .M. H bite, James Jchnson,
J. 11. Ilendley. ll.i.s;on L. 11-, W. P. Bo\ f:e,
C. li. Moiphead, W. (J. P.'llaid, Kathan Conner,
Sept. 10, )G38. S. L. D. W. Shaw.
A petilion from certain Murmorti: to Ike Gova vor. De Witt, Carroll coiinly, Slate of Missouri, Sept. 2?, 1838.
To Hit Excclknaj. Lii.eurn W. Bi gos.
Guvernur oC the State of 3Iissouri.
Yoin- petitioner?, citizens of lli'^ eoiinty ol Caireili, do leieliv petition your ICxcellentty. piayinir lorrelifl: 'I !iat v\ hereas, \ our [letitioners iiave, on the 20ih insi.. been si'iely a^jri j(.v p d. \.\, Ipirg lesct Iv a I.tw- less mob, cei tain nihabiians ol this/.nd oil.er couniies, lo ll;e inju- ry of till! t,'0(id ciiizens of ibis and ihe adjacent places; that (in l\Ae aforesaid (hi\-, came hum one hundied to one hi ndied and (iiiy aimed men, and ijiieau ned. v\ iiji foi ee : nd vlolcnre. to drive certain peaceable citizens from ll.cir liurncs, in defiance ol all law, and threatened iheo
30
to drive said citizeas out of the countV) but on 3e!iberation, conclude d 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 a'j;e or sex, and destroy their chaitles, by throwing them in the river. We, therefore, pray you totalis such steps, as shall put a stop to all lawless proceedings; and we, your petitioners, will ever pray, &c. &c.
Benj. Kendrick. Thos. Hollingshead, Nathan Harrison,
Dudley Thomas, Asa W. Barnes, Elizabeth Smith,
Wm. P. Lundow, Elijah T. Rogers, Henry Root,
Jno. Kendrick, .lohn Dougherty, A. L. Caldwell,
Thos. Dehart, M6ses Harris, Rufus Allen,
Francis Brown, Perry Thaver, Ezekiel Barnes,
John Tilford, B. R. Bartley, D. H. Barnes, •
H. G. Sherwood, Jonathan Harris, Wm. S. Smith,
John Murdock, Wm. J. Hatfield, James Hampton,
G. M. Hinkle, Oliver Olney, Robt. Hampton,
James Vallance, John Thorp, Jonathan Hampton,
Jabez Lake, H. T. Chipman, Geo. Peacock,
Albert Soree, David Dixon, Danl. Clark,
Samuel Lake, Benj. Hensley, Johji Proctor,
Asa ftlanchester, Franklin N. Thayer, James McGuin, Wm. Winston, H. M. Wallace, Smith Humphrey,
John Clark, D. Thomas, (no Mormon.)
Secreiary of Stale to the Governor.
Office of Secretary of State, ) City of Jefferson, Sept. 22, 1838, 5 o'clock P. M. ^
To iiis Excellency L. W. Hoggs, Gov. Mo.
Sm : — The accompanying two letters, or reports, from Major Gene- ral Atchison, and Brigadier Ceneral Doniphan, on the subject of the Mormon difficulties, the former directed tc^ your Excellency, and the latter from General Doniphan to General Atchison, have just been re- cieved by express; deeming them of sufficient importance to justify the sending of them to you by express, I have engaged Jesse B. Barber. Esqr., l^or that purpose, who will leave some time to-night, or very early in the morning.
From the tenor of these papers, it would appear there is no necessi- ty for the troops that have been raised for this Divison to march. The comnianding oilicer, however, does not consider that he would be justi- fied in disbanding them, or suspending, for a few days, operations, without express orders from the Commander-in-Chief. He has accor- dingly, a few moments ago, taken np the line of inarch for the scene of ditiiculties. , L have the honor to be
' Very respectfully, fee,
PETER" G. GLOVER.
31
General Atchison to the Governor,
LfBERTT, Sept. 23, 1838.
To His Excellency, the Commander-in-Chief.
Sir: — Your order tlirougli the Adjutant Genera!, of the 15th i'nsi., was received on the 22nd iiist. Your Excellencj- will percieve from a former report, that an armed force was ordered out under iny com- mand, from the militia of the third Division, to put down an insurrec- tion, supposed to exist in the counties of Caldwell and Daviess, and t(x 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 wrjt named, issued by William Dryden,a Justice of the peace for the county of Daviess, were brouf^ht before a court of inquiry, and recognized to appear at the Cir- cuit Court; and Brigadier General Parivs was left in said county of Dav- iess, with two companies, ol fifty men each, for the purpose of enforcing the laws, under the direction of the civil officers, and irom the fads as far as I could learn ihem, one hun<lred men were amply sufficient lor all purposes of enforcing law, keeping dosvn insurrections, &c. 1 have the honor to be, &c.,
^ DAVID R. ATCHISON,
Maj. Gen'l. 3d Div. Mo. Mi.
;. From the Governor to General ClarJ:.
[ORDER.]
Head Quarters of the Militia, ) Jonesborough, Sept. 24, 1838. 5
Major Gen'l John B. Clark, 1st Div. Mo. Jli..
Sir : — The Commander-in-Chief, having this morning recieved infor- mation, by express, that the civil disturbances in llie counties of Daviess and Caldwell have been quieted and order restored to the community; he therefore orders that the troops under your corrimand destined for that service be immediately discharged. ».
The Commander-in-Chief avails himself of the present occasion, to lender to you, and through you to the troops under your command, his thanks for the prompt inaaaer in which they responded to the call gf their country.
By order of the Commander-in-Chief,
B. M. LISLE, Adjutant Gerferal, Mo. Mi.
[A similar letter was also sent to Major Generals H. W. Crowther, S. D. Lucas, and Lewis Bolton.]
3'i
General H. G. Parks to the Cove nor.
Head Qua r.ir.i.s. 2(! Ilrij:. 2(1 IJiv. Mo. Mi.) xMill Piui, Sopi, 25, 1838. I
His ExceUencij, LiLauHN W. Boggj, Commandcr-in-ChieJ.
Sill : — 1 rcceivnl iliis moiiiinp, .".fier my roiiiin frcm a tour in ihe upper jKiit oi' iliis cduniy, v\i!li a rletnil nl' ihe ti-0(ips under my cnm- miin.l, if) assisiiiig the 'consiiilile in IningiriL; oifi'mlers ngainsi l!ie l.iwa ^o jiisiice, vourtlrft^wlcli la lYJajiu Gciieial Aicliisnn. vvliicli J look ilie liberiv to open, 'j'he . JMajor Grneral leit here wiili the lioojis trom Clax' and Ka\', except two companies IVoni Ray ordei ed In irniain under iii\' coiiiniand, on the lG;h iiisl.; since that time 1 have hcfn em- ployed ill assisting lUe peace lifHccrs to execute the laws, and in biing- ing oli'enileis'io iiisiice.
1 am hap^iy lo inlorm you tlint there is not any necessity to Uje a lar"er l'i»ice here rti |)resent;ihat' imw umk'r my coinniiind I deem am- ply suiiicieni lor ilie presiiii. pui-pose; should occasinn lequire ii, 1 have thouL'hi 1 could detacli a sulHcienl lorce lV(.'m tlie Ijrigade under my command. Whatever may lia\e hern ihe disposition' ol' the penple called liJortnons, before nui anival heie, since we have n>adt our apiieaiance thev h.ivc shown no ciisj)osiiion to resist the laws, or of host he mierttions.
] doenu'd it mv duty to visit llieu- town in this county, and as snon as they saw the miini:v iniei-pose heiwecnthem and the peojde of this, and some ol the adjoining counties who had assemhied in arms, tlit-y went to worl;, aliandnned their hoside aitituiie, and at iLis iimo peace and tranquility has every appearance of being restore^ IJow Ion" ihinus mav maintain their picseni attitude, 1 know not, but iliha Maj. General had nni tyken the field with a sulilcienl force, ;is pnimpt'y as he tlid. there is eveR' reason to Tear a dreadful conflict would have ensu.ed. On next SiMurday tiieie w ill be brought to trial some filiecn or tv\enl\' individuals, nt the .^](H mens, befoie a .Justice oi the Peace; a committee has been np|iointed <in behalf of liie citizens of Daviess count V, lo meet the Moimons on to moriow, I'or the |jurpose ol pro- posiuLi to buv or self out to ihem; they wdl meet at Adam-on-diahmon, wlienl will attend with a inrce to insure tranquility.
'I'here has been so much prejudice and exaggeration concerned in tihis matter, that I found thingson my arrival here, totally different from what I was prepared to expect. It is true ihai a great excitement did prevail between the parlies, and 1 am h ippy to say tiiat my cxeriinns, as well as tjiose of Major General Atchison, and the officers and men under iiy c:ommand, have been crowned with success. When we ar- rived here, we lounil a large fiody of men from the counties aiij.ining, armed and in the, held, lor the purpose, as 1 learned, ol assisnngihe people iif ih;.i C(junty against the Mormons, wi'hout bemgcalled out by the proper authorities. Tiiis I'orce, the .Major d'.enei'al very promptly
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prevailed upon to return to their homes, and left directions with me to see thai 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 fr.rther particulars 1 beg your Excellency may refer to the Major General, who I doubt not will communicate to you all (he information in ills 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 iionor to remain, vour obd't servant,
H. G. PARKS, Brigadier General. P. S. Since writing the above, 1 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 p'ace, of nnportance,! will immediately advise the Ma- jor General of the Division thereof.
H. G. PARKS, Brig. Gen'l.
General Parks to General Atchison.
HitAD Quarters, 2d Brig. 3d Div. ]\Iill Port, Sept. 25, 1838.
Major General Atchison.
Dkar Sir : — I received this morning a despatch 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 bring- ing into the field a large body of troops, as 1 understand, under the command of ibur Major Generals. I have thought it my duty to ad- vise the Commander-in-Chief, that I deemed the forces now under my command amply sufficient to preserve tranquilty and enforce the laws. Since my last to you by Mr. Stone, I have been at this place, em- ployed in fulfilling the orders left by you. I am happy to be able to stale to you, that the deep 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 ol the Mormons at Adam-on-di- ahmon, 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, Lvman AVight has pledged himself to me. they will attend. The ofiicers and men are all in good health at present, and have been actively employed in the above duties. 1 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 Mor- mons with powder and lead from this county. How far such a measure 3
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will be executed I know not, but I will exercise my utmost vigilance ia this affair, and advise you thereof, from time to time.
I remain, vour obd't servant,
H."G. parks, Brig. Gen'l.
General Atchison to the Commander-in-Chief.
Liberty, September 27, 1838. To the Commander-in-Chief.
Sir : — I received a communication by express on the 26th inst., to- gether with a report fi'om 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 filaj. Rogers, and the other by mail, neither of which I presume your Excellency lias received; one dated the 17th of Septemberv the other the 20lh of September. The forc« under General Parks is deemed sufficient to excute the laws and keep tJie peace in that county; things are not so bad in that county as repre- sented by rumor, and in fact from affidavits I have eo doubt your Ex- cellency has been decieved by the exaggerated statements of design- ing or half crazy men. I have found tiiere is no cause of alarm oa . 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 hag reported to your Excellency.
1 have the honor to be fcc.
DAVID R. ATCHISON,
Maj. Gen'l. 3d Div. Mo. Mi.
General Lucas to the Governor,
BooNviLLE, Mo., October 4, 1338.
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 ciiizens of Carroll county, who, he said, were then encamped only six miles from there, wailing for a reinforce- ment from Saline county. Hmkle said they had determined to fight. News had just been received at this place, through Dr. Scott of Fay- ette, that a fight took place on yesterday, and that several persons were killed. Dr. Scott informed me that he got his information from a gen- tleman 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
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doubt, it will create excitement in the whole npper Missouri, and tho8« base and degraded«beings will be exterminated from the face of the earth. If one of the citizens of Carroll should be killed, belore five days 1 believe that there will be froin four to fivie thousand volunteers in the Held against the Mormons, and nothing but their blood will satisfy them. It IS an unpleasant slate of affairs. "The remedy 1 do not pretend to suggest to your Excellency. My troops, of the 4th Division, were on- ly 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.
General Atchison to the Governor.
BooNviLLE, Oct. 5, 1838.
To His Excellency, the Commander-in-Chief of the Mo. Mi.
Sir: — I have just received by express, a communication from Brig. Gen. Parks, a ccipy of which I herewith transmit. It seems, sir, that the Mormon dilficulties are not brought to a close. In Carroll county the citizens are in arms, for the purpose of driving the Mormons from that county. I have authorized Gen. Paiks, if hedeemsit necessary, to call for the troops raised in the 1st Brigade, 3d Division, under the or- der from your pjxcellency, or as many of them as are deemed necessa- ry. The following is a copy of Gen. Parks' communication:
Head Quarters, 2d Brig. 3d Div. Richmond, Oct. 3, 183C,
Waj. Gen. David R. Atchison.
Dear Sir: — I received this morning an ailidavitfrom Carroll county. The following is a copy:
"Henry Root, on his oath, states, that on the night of the 1st ofC>o- tober, there was collected in the vicinity of De Witt an armed force, consisting of Irom thirty to fifty persons, and on the morning of the 2d of October, came into the town of De Witt and fired on the civil inhabitants of that place. Thirteen of said individuals were seen by me in that place, and I believe there is actually an insurrection in that place. ■
. (Signed) HENRY ROOT."
Subscribed and sworn to this 3d day of October, 1838.
WI[>LIAM B. MORTON, J. V.
in Gonsequenco of which information, and belief of an attack being
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made on said place, I have ordered out the two companies raised by your order, to be held in readiness under ihe commandjof Capls. Bogart and Houston, to march lor De Witt, in Carroll county, by 8 o'clock to- morrow 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 tiie 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. 1 will thank you to write me by Mr. Wade, and give me any , advice you may deem necessary in this afTair.
Yours, &c. H, G. P.
In the county of Daviess every thing is quiet at this time, and it is supposed will remain so. I have ordered Gen. Parks to discharge the troops in that county so soon as thirty days shall have expired from the time they were mustered into service.
I have the honor to remain, &c., DAVID R. ATCHISON,
Maj. GenM. 3d Div. Mo. Mi.
Report of the Committee of Chariton county.
Tho undersigned committee were appointed at a public meeting, by the citizens of Chariion 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 Mor- mons. 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 ad- joining counties, assembled near De Witt well armed. We inquired in- to the nature of the difficulties. They said that there w.is a large por- tion of the people called Mormons, embodied in De Witt Irom dilfer- ent parts of the world. They are unwilling tor them to remain there, which is the cause of their waging war against them. To use the gen- tleman's language, they are waging a war ol 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 defence, beg- ging for peace, and wishing for the civil authorities to repair there as early as possible, to settle the difficulties between the parties.
Hostilities have commenced, and will continue until they are stop- ped by the civil authorities. This we believe to be a correct statement of both parties. This the 5th day of October, 1838.
.JOHN W. PRICE, WM. K. i.OGAN.
Sworn to and subscribed before me, the undersigned, one of the jus- tices of the peace, within and for Chariton county, and State of Mis- souri, this Slhday of October, 1838.
JOHN MORSE, J. P.
General Parks to General Atchison.
Brigade Head Quarters, 5 miles from De Witt, Carroll county, Oitobtr 7, 1838.
Gen. David R. Atchison.
Sir: — Immediately after my express to you, by Mr. Warder, was sent, I proceeded to this place, wliicli I reached yesterday with two compa- nies o( mounted men from Ray. 1 ordered Col. Jones to call out three companies from this county to hold themselves in readiness, to jom me atCarrollion 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, bt^sieging 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 liad 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 ex- pected 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 can- non.
In this posture of affairs, I can do nothing but negotiate between the parties, until further aid is sent me. I received your friendly letter of the 5th inst., by Mr. Warder, authorizing me to call on Gen. Doniphan, which call I have made on him for five companies from Platte, Clay and Clinton, with two companies I ordered from Livingston, of which 1 doubt whether these last will come, if they do, I think I will have a force sufficient to manage these beligerents. Should these troops ar- rive here in time, I hope to be able to prevent bloodshed. Nothing seems so much in demand here (to hear the Carroll county men talk,) as Mormon scalps — as yet they are scarce. I believe Hinkle, with his present force and position, will beat Austin with five hundred of his troops. The Mormons say they will die before they will be driven out, &c. As yet they have acted on the defensive as far as I can learn. It is my settled opinion, the Mormons will have no rest until they leave — whether they will, or not, time only can tell. I assure you I never felt more rejoiced, than when I received your letter to call on Gen. Doni- phan's Brigade. For this mark of your confidence and friendly appro- val of my actions, 1 do feel under renewed obligations to you, and hope to show the necessity of making the call on Gen. D's Brigade. I have also sent an express to Gen. Doniphan, to come in person if he can; I want his aid and advice. I will keep you advised from time to time of the state of affairs here. It would relieve me much if you would request the Governor to make his appearance here among the Carroll
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boys; he need not order out any forces, those alread v ordered by me 1 deem sufficient. You know a word from his Excellency would have more power to quell this atiair than arej^iment. Should he come, wliich I hope he will, for this is no little afliiir, he will be able to take such steps as may be deemed by him right and necesary to settle this matter. I have the honf>r to remain,
Your obedient servant, H. G. PARKS, Brig. Gen. Com.
General Atchison to the Governor,
BoONviLLE, Oct. 9, 1838. To the Commander-in-Chief.
Sir; — Enclosed you will receive a communication from Gen. Parks, which I deem my duty to forwaid to your Excellency. 1 have required Gen. Doniphan with the troops fi'om Clay, Clinton and the Piatle, to co-operate wilh Gen. Parks; 1 have also instiucted J'arks to jMcvent armed Mormons Irom nrarching to De Witt, and also to send back or take into custody, all the Mormons irom Caldwell county, who may be found in arms in Carroll courlty ; also \o disperse all armed bands of cit- izens from other counties found in Carroll.
I have also suggested to Parks to urge it upon the Alormons in Car- roll county to sell out and remove elsevvheie,and also to urge the citi- zens 10 make the proposition to buy I have no doubt but your Ex- cellency, 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,! would respectfully suggest that it should be done as quick as possible-
I have the honor to be,&:c.,
D. II. ATCHISON.
P. S. If your Excellency should deem it necessary to proceed t© Carroll county, Boonviile will be in your route, when it would give me great pleasure to see your Excellency, at which lime I will be pre- pared to give all information as to the difficulties between the Mor- mons and citizens, as tar as it could be obtained. D. R, A.
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General Alchison to the Governor.
BoGNviLLE, Oct. 16, 1838.
To His Excellency, L. W. Boggs.
Sir: — From a communication received from Gen. Parks, I learn, that iJie Mormons in Carroll county have sold out and left, consequently ev- ery thing is quiet theie, 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 pro- bably from Caldwell county. Nothing, in my opinion, but the strong- est iM?;isures within the power of the Executive, will put down thit spirit of mobocraoy.
The troops ordered into the field, from Parks' report, partake, in a great degree, of the mob spirit, so that ni. reliance can be placed upon them; however, in this 1 balieve Parks to be mistaken. I would respect- fully suggest to your Excellency the propiiety of a visit to the scene of excitement in person, or at all events; a strong proclamation. The state of thingi which hawe existed in the counties of Daviess and Car- roll for the last two months, has been, in a high degree, ruinous to the public, and disgraceful to the State. 1 would Hgain respectfully suggest strong measures to put down this spirit of mob and misrule, or permit them to fight it out. If your Excellency should conclude the latter ex- pedient best calculated to produce quiet and restore order, issue an order to the xMajor General, 3d Division, to discharge the troops now engaged in that service. I have the honor, &,c.,
DAVID R. ATCHISON.
General Clark to the Governor,
BoofJviLLE, Oct. 9, 1838. To His Excellency, L. W. Boggs.
Sir:— Since I wrote to you, I have received the enclosed intormatioa in relation to the Mormon difficulty. The names subscribed to the en- closed paper are worthy, prudent and patriotic citizens ol Howard eountv; and lam persuaded nothing but a case of absolute necessity U> protect their friends would induce them to engage as they have done.^ 1 regret exceedingly that your Excellency received information, ma- king it necessary to'discharge the troops you had on the march. Noth- ing but some such step, in my opinion, will ever settle the affair. I )»ope your excellency will write to me on the receipt of this.
1 have the honor to be,
Your obd't servant,
JOHN B, CLARK.
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Camp near De Witt, Oct. 7, 1838.
To the ciiize7is of Howard county.
Gentlemen; — This county is the theatreofacivil war,and will soon be one of desolation, unless the citizens of the adjoining counties lend im- mediate assistance. The infatuated Mormons have assembled in large numbers in De Witt, prepared for war, and are continually pouring is from all quarters where these detestable fanatics reside.
The war is commenced! blood has been shed — they shed it; ther waylaid and fired upon a body of the citizens of Carroll county and \Tounded some. They are the aggressors — they have been guilty of high treason; they have violated the laws and shed the blood of our cit- izens; and we think this one of the cases ot emergency in which the people ought to take the execution of justice in their own hands. Spee- dy action is necessary; the progress of their imposition, insult and op- pression ought to be checked in the beginning. The people must act together — they must act energetically.
It is now 12 o'clock at night — the Mormons are lurking around our camp, and making preparations to attack us before day. Our numbers are much less than theirs, and we will have to act on the defensive un- til we procure more assistance. About two hours ago the Mormons were re-inforced by sixty-two mounted men, well armed, from Far West; they are arriving every night; two nights ago it is thought one hundred came to De Wilt for the purpose of making war upon the people of this county.
Under such circumstances, you cannot fail to come forward immedi- ' ately. Can you not be here by Sunday or Monday at farthest? Come by fives and tens, if you cannot come by companies; bring all you can. This is no false excitement or idle rumor — it is the cold reality too real. We will anticipate you immediately, and shall expect your co-operation and assistance in expelling the fanatics, who are mostly aliens by birth, 'and aliens in principle from the county. We must be enemies to the common enemies of our laws, religion and country.
Your Iriends and fellow citizens,
Congrave Jackson, James Jackson, Jr. Geo. Crigler,
Larkin K. Woods, Johnson Jackson, Wm. L. Banks,
Thomas Jackson, John L. Tomlin, Whitfield Dicken.
Rolla M. Daviess, Sidney S. Woods,
P. S. Our guard was just now fired upon by the Mormons. They have become emboldened by their recent re-inforcements, and we wi!i have to act on the defensive until assistance arrives.
Statement of Adam C. Woods.
I, the undersigned, Adam C. Woods, a citizen of Howard county, do eertify, that on the 6th day of October, 1838, in company with Capt.
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Congiave Jackson and others of Howard county, hearing of the Mor- mon difficulty at De Witt, concluded to go up there, and did go to in- terpose our good offices, and makepeace between them and the citi- zens. When we reached there, on last evening, we found under arms, in a mile or thereabout of Ue Witt, about two hundred citizens encamp- ed and sentinels out. I did not go into De Witt; 1 was advised not to go in, fearing that I would be injured. I was informed, and believe ths 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 into town, and endeavor to rnake peace, but about midnight the Alormons 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. A. C. WOODS.
Captain Bogart to the Governor. Elk Horn, Ray county. Mo., Oct. 13, 1838. To His Excellency, L. W. Boggs.
Dear Sir: — I avail myself of this opportunity, to irtform you of the present deplorable condition of our country. I arrived home last night from the second tour of duty to suppress insurrections. When the first campaign closed on Grand River, and the public was informed that peace was restored, the citizens who lived in Uaviess and the adjoining counties kne^v, and expressed themselves, that the Mormons were de- termined to drive the citizens from Daviess county, which the Mor- mons have since expressed. The lives of the people of Daviess have been threatened; many of them have fled for safety to the adjoining counties. Whenever we meet a Mormon he is armed in the best man- ner, ^nd continually throwing out his threats.
Next we were ordered to De Witt, in Carroll county, underGen. H. G. Parks. When we arrived at GarroUton, wfe" were informed that the people of Carroll and the Mormons, who were mostly Canadians, were assembled within a mile of each other, ready for battle. We were also told the Mormons of Caldwell were on their way to De Witt — on© hundred more expected to pass down that night; 1 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 until midnight, at which time W. C. Williams came to the camp and told us the Mornionns were passing from Caldwell. I paraded my com- pany and marched to the Mormon roads, leaving Parks in Carroll ton,
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(d***k) incapable of knowing what was going on. The Mormons pass- ed before I reached the road. The next day, Parks overlook us with the balance of ihe troops — we moved down near Ue Witt, and encamp- ed two days, without making one effort to disperse either party. I visited De Witt, in company with Paiks, Dr. Ellis, IMcGee and several others, and on the public liighway, some halt mile from the town, wa were met by a Mormon Irom Far West, wiio cocked his gun and pre- sented at nic, and comvnanfled us to stop; this is a common thing with them in this country — the public highways are guarded. Gen. Parks returned home with his cominantl, leaving over two hundred Mormons, well armed, in Carioll county, wtio came from Caldwell, after being ex- , pressly ordered by Mnj. Gen. Atchison to dispeise them at all hazards. The people of Carroll and the Mormons have made a comprcisiise. The Mormons are moving west — it is supposed they intend pushing tha citizens out of Daviess; that county is m a state of great agitation — great excitement prevails there. 'Hie Daviess and Livirgst r; county people, and many others, are on their way to Daviess count} with oua field piece, with the determination to prevent their settling in that coun- ty 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 oflicers are seeking popularity with the Mor- mons, supposing their votes in time would be of some service to them. You may rest assured times grow worse and worse here. The Mor- mons embody themselves, keep out guards, and refuse to let any per- son see their forces. Had you proceeded on to Daviess county, you could easilj have convinced yourself of the state of things, which are despe- rate in the extreme; you will no doubt be called on. I hopu you will take steps to make a final settlement of this matter — if it is not soon done, our country is ruined.
Your obedient servant,
SAMUEL BOGART, Captain in the late Volunteers.
The Sheriff of Daviess county to the Governor^ (affidavit.)
October 21, 1838.
1, William Morgan, sheriff of Daviess county, do certify, that on the 1 8th day of this instant, as I was going to Gallatin, I saw five men rido «tr from the store of Jacob Stollings, and on walking fifty or sixty yards further I perceived the house was on fire; 1 ran to the house where the •lerk ot 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 Mor- mons. On going home, one mile from town, 1 tiieu learnt that the Mor- mons had driven off the clerk and had fired the store. Since that thev
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(the Mormons) have ordered almost all the citizens of the couuty t» leave, and they, myself for one, hiive moved our families to Living'stOB " county. Our county is in a desperate situation; they are burning and driving as they go. It is reported by a prisoner ihat they turned loose last night, that they were to burn iVIill Port, and I have no doubt of that being the fact.
To L. W. BoGGs.
I remain, yours with respect,
WILLIAM MORGAN.
Affidavit of Philip Covington,
Stale of Missouri, County oj Daviess.
i
ss.
I, Philip Covington, an acting Justice of the Peace within and for said county, do certify, that on the iSthinst., 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 20lh of thi.s instant, tvventy-fivp armed Mormons came to my house, and gave me' oi'ders to leave tlie county against next morning, or they would be upon me and my family. Myself with many other citi- zens have left the county. They are now robbing and burnirg the dwellings of the defenceless citizens. Given under my hand, this 22d day ot September, 1838.
PHILIP COVINGTON, J. P.
Col. Penislon to the Governor. I Davikss CouNTr, Mo., Oct. 2l, 1838.
To His Excellency, the Governor of Missouri.
Sir: — I deem it my duty, made so not only from the law as an offi- cer, but also as an individual, to report and make known to your Ex- cellency, the unheard of and unprecedented conduct and high handed proceedings of the Mormons of this and Caldwell countias, towards the other citizens of this county, being myself one ot the sufferers.
On Moaday, the 15th mst., we learned that the Mormons were col- lecting 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 Moimons; and accordingly they have come, and their worst apprehen- sions have been already fulfilled. Tiiey have plundered or robbed and burned every house in Gallatin, our county seal, among the rest our poft
44
office; liavo driven almost every individual from ihe county, vcho arc HOW flying before them with their families, many of whom have beea forced oui 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 are plundered and burned; they are making this universal througbout the county. They have burned for me two houses; and sir, think tbis not exagera- tion, for all is not told; and for the truth of all and every statement here made, 1 pledge the honor of an officer and gentleman. • '
These facts are made kno^vn 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 res', our County Treasurer's Office has been also burned. I will only ask, in conclusion, can such procedings be submitted to in a government of laws? I think not, and must answer my interrogator}' — no, not- withstanding the political juggling of such men as David R. Atchison and some others, wliose reports and circulations, setting the conduct and character of the Mormons favorably befoi'e the community, are believed by tbe people of this county to be prompted by the hope ol' interest or •molument. 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 cath,of some six or eight persons, coroborating with my statement, which accompanies this. W. P. P.
Affidavit of Samuel Venable.
This is to cerlifj, that I was called upon last night to wait upon a lady who was about tc increase her family: she had travelled as she tol ' me about eight miles in labour to get from the Mormons, who were en- gaged 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.
I was also at Mr. White's this morning, who lives in Livingston county, who was on yesterday very much injured in property by the Mormons. I saw a good deal of the mischief by them d&ne, and was told by Mrs. White that, in addition to the above, she received from them invectives; that they had plundered the house, taken cloths, and other anicles; destroyed all their bee stands; taken off drawing •hains, log chains, &c. The quantity of oats, fodder and corn taken
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from White's must liave been considerable, as tliey fed about two hundred horgps, leaving on the ground wJiere they fed a great deal of oats, &c. Given under mv 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 Oc- tober, 1838.
LEVI F. GABEN, J. P.
Affidavit of Jonathan J. Dryden.
Jonathan J. Dryden. after being duly sworn, deposeth and saith: that on the 21st day of October, 1838, he was taken as a prisoner bj the persons called JMormons from his own house, sick with the fever, and carried him about one milij, and released him upon the account of iiis health; and while in custody, he was told by them they had ap- plied to the Governor divers of times tor protection, and lie 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 tiie Governor to be as big a mob man as any of them; and the plunder which they were now taking was to pay them back for the propertv ■which they had lost in Jackson county, when they were driven from there, and further this alnant saith not.
JONATHAN J. DRYDEN.
The above sworn and subscribed before me, this 22nd day of thi« instant.
ADAM BLACK. J. P.
Affidavit of James Stone,
James Stone, after being duly sworn, deposeth and saith: that on th« 20;h day of October, 1838, the people called Mormons came tohii house, and told liim if he did not leave Daviess county, against next morning, at sunrise, thai they would take his head with their sword, and drew their sword and waved it at him, and said they would taks his lieart's blood if he did not leave the county, and then this affiant look tliern at their wOrd, and left his house at ten o'clock in the night, he and two other men; and went back next rnornmgand his house wa» robbed; and this atfiant saiih, on the 21st day, inst. that he, with sev- eral other men, saw liie said people called Mormons, herding a number of cattle, the amount not known, he supposed to be about two acres «1 ground covered, and they looked at them, until they started them towards Caldwell county, and further this affiant saith not.
JAMES STONE.
The above sworn to and subscribed before me, this 22nd day of this lestant.
ADAM BLACK, J. P.
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Affidavit of Thomas J. Martin,
I, Thomas J. Martin, after being duly sworn, do testify upon oatli; that whereas I was returnir.g from meeting on the 21st day of October, ,1838, in Livingston county, I was intercepted and taken prisoner by the body -of people called Mormons, who pi esented 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 militia — their munitions fcc. or to be laid on the sod and let birds eat m-&. They also took me about twelve miles, during which time I saw them rummage the hou?e of Jlr. White; I'also saw them take four others, and they had some others that had been ta- ken before, some of whom they took to Adam-on-diahmon^ and I have Hot heard from them since. During the time I was a prisoner ihey 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 radress the injury received in Jackson countv.
THOMAS J. MARTIN.
The above sworn to and subscribed beforetne, this 22nd day of Oc- tober, 1838.
ADAM BLACK, J. P.
General Atchison to the Governor,
Liberty, October 22, 1838. 7*0 His Excellency, the Commander-in-Chief,
S,r: — Almost every hour I receive information of outrage and vio- lence—of burning and plundering m 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 fiom divers 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 Da- viess county, has fallen into the hands o( the Mormons. It is also re- ported that the anti-Mormons have, when opportunity offered, disarmed the Mormons, and burnt several of llieir houses.
The great difficulty in settling this matter, seems to be in not being able to identify the ollenders. I am convinced that nothing short of driving the Mormons from Daviess county will satisfy the parties op- posed to them; and this I have not the power to do, as I conceive, legal- ly. There are no troops at this lime in Daviess county, nor do I deem it expedient to send any there, for I am well convinced that it would but make matteis worse; for, sir, I do not feel disposed to disgrace myself, ©r permit the troops undei my command to disgrace tiie State and themselves by acting the part of a mob. If the Mormons are to b«
47
driven from iheir liomes, lei il be done witliout any color of law, and in open defiance thereof; let it be done by volunteers acting upon their own responsibilities. ,
However, I deem it rny duty to submit these matters to tlie Comman- der-m-Cbief, and will conclude by saying il will be my greatest pleasure to execute any order your Excellency shall think proper to give iu this matter with promptness, and to the very letter. I have the honor to be,
Your Excellencv's most ob't serv't.
DAVID II. ATCHISON. j\laj. Gen'i. 3d Div. Mo. Mi. N. B. I herewith inclose to you a report Irom General Parks; also »ne from Capt. Bogart. D. R. A.
Gen. Parks to General Atchison.
Brigade Head Quarters, 2d Brig. 3d Div. ^ Kiciimond, October 21, 1838, 5
Maj. Gen. D. R. Atchison.
Sir: — I received yours of the 16th inst. from Boonville, which I will let remain until I see you. I have now returned Irom the county of Daviess, and assure you this county is agitated by a deeper and more desperate excitement than I have yet witnessed. I left the place on Tuesday, the I 6th inst, with two companies of mounted men. iiaving directed Cojj Dunn to precede me to Daviess county, where I had good evidence to believe the troops ( nilitia) intended to act against Adam-on-diahmon. Intending to co-operate with Gen. Donijihan ana the remainder of the troops, I had proceded on to the head waters of. Crooked River, when a severe snow storm overtook us and we were compelled to abandon the undertaking for the present. The troops were dismissed until further orders, and the troops uniler Col. Duna 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, pro- ceeded on to Far West, which I reached on Tuesday ni<iht, and learning the Clay troops had gone home, I determined to proceed to Daviess and examine the slate of the county. On Thursday I proceeded on to the town of Adam-on-diahmon, in Daviess county, and on the way heard the Mormons had burned a store house in Gallatin, belonging lo Jacob Stollings: I sent two men to see and learn the facts, and on their re- turn they 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 — their answer was: "they intended to defend that place; they had been driven from De Witt and other places,and heie thay were determined to stand and die, rather than bo driven from that place." (
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I next visited Millport, and found on my way down the ridge, that the inhabitants had left their houses, and all above Penningtpn 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 ma- By depredations which they have committed. Ii have certificates of their having taken arms from the citizens of Daviess forcibly. The excitement in this county is more desp 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 fix- ed for a lull and general meeting of the citizens of this county, to take into consideration the steps necessary to be taken in this state of af- fairs. 1 do not know vviiat to do. 1 will remain passive until I liear 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 1 can go, any order from you, and wish you to ad- vise the Commander-in-Chief as to the situation of the upper country; perhaps a visit from him would have some efiect in aUaying the excite- ment.
I remain, your ob't serv't. H. G. PARKS, Gen. 2d Brig. Sd Div.
Captain Bogart to General Atchison.
Elk Horn, Oct., 23, 18S8.
6cn. Atchison,
Dear kSir; — The Mormons have burnt Gallatin and Mill Port, and have ravaged Daviess county, driven out the citizens, burnt the post effice, taken all kinds of property 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 Caldwe'l. In consequence of ■which I have ordered out my company to prevent, if possible, any out- rage 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 ttiat the people of Ray are going to take the law into their own hands, ana put an end to the Mor- mon war. In haste, your obd't serv't,
■ SAMUEL BOGART.
P. S. Please be explicit in your express to me as to my course.
a. B.
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Citizens of Ray county to the Governor.
RrcHMONDj Mo., October 23, i8S8.
■To the Governor' of the Stale of Missouri.
Sm: — The alarming stale of Daviess county, and the panic produced by the late movenifinis of the Mormons in thai county, liave produced a degree of excitement and alarm here, that lias not been heretofore ■witnessed. The lates I accounts from Daviess county that have readied us, say that all the inhabitants of Daviess county have left, and sought refuge in Livingston or this county. The store house of Jacob Stol- lings in Gallatin was robbed and burned by the Mormons; the post ' ofKce kept there was also destrojed, and we believe that the houses of five or six of the inhabitants of Daviess have been destroyed by fire, the property taken away, and the women and children obliged to flee. Ihe arms of all the citizens in Daviess, they could find, have been ta- ken by them forcibly; they have carried away the cannon from Living- ston county, and have it now in their possession.
The iMornions have robbbed George VVoitlirington, P. M. at Galla- tin, of his notes and property, to the amount of nearly ^2,000. In short, the news from them reaches us hourly, that they are destroying the properly of the citizens they cannot carry away, and al! that they can cairy away, they take. Blood and plunder appears to-be their ob- ject, and those who do not join wiih them in their incendiary conduct, are banished from Caldwell, and all those of other counties who are op- posed to them, are threatened. It is the desire of the citizens that his Excellency would visit this section of country and call out a sufficient number of troops to put a stop to the further ravages of these fanatics. If some sucii measures are not taken shortly, the whole conntry will be' overrun. We now firmly believe they are aggressors, and say they will indemnify themselves for losses in Jackson ap.a Carroll. We are not alarmists, and have had no lears until lately that these fanatics would have dared to behave as ihey have lately. There seems to be but one opinion here on the subject, and that is, unless a military force is brought to act against them, and that shortly, they will destroy as far as iliey are able. We think it our duly to advise you ol these things. Very respectfully,
R, S. Mitchell, G. Lenhart, George Woodward,
John N. Hughes, John C. Richardson, Lewis S. Jacobs,
Thos. McKinney, M. P. Long, Berry Huges,
Jesse Comer, James S. Bell, Wm. Hudgins, P. M.
T. L. D. W. «haw, B. J. Brown, sherifi'.
We aie ueticient in arms, if there are any lo spare, we wish them .brought up here. WM. HUDGINS.
V
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T. C. Burch to the Governor.
RicHMOKD, Mo.', October 25, 18S8.- To His Excellency, the Governor of Alisnouri,
The Mormon difficulties are arising and iiave arisen here to an a!ar- naing height. ]t is iaid (and I believe truly,) that they have reoentlr ro^ed and burned the store house ot Mr. J. Siollings, in Gallatin, Da- viess county, and that they have burned several dwelling houses of the eitizens of Daviess, taken their arms from them, and have taken some provisions.
Mormon dissenters are daily flying to this county for refuge from the ierocity of the prophet Jo Smith, who, they say, threatens the lives of all Mormons wiio reluse to lake up arms at his bidding or to do his com- mands. Those dissenters (and they are numerous.) all confirm the re- ports 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 Kmgdom ai' 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 Uattleii.
A respectable gentleman of my acquaintance, from Livingston, is kere now, v\ho informs me that the Mormons are robbing the citizens of Livingston, on the borders of Caldwell, of their corn and whatever else they want; that they have taken a cannon from Livingston county, and are prowling about the country, a regularly formed banditti. That the prophet Jo Smith has persuaded his Church, that they are not, and ought not to be amenable to the laws of the land, and is still doing it I hav« HO doubt. The Daniie Band, as 1 am informed by numbers of the most respectable of the Mormons, (who are now dissenters,) binds them to .support the High Council of the Mormon Church and one another la all things, whether right or wrong, and that even by I'alse swearing- i have taken much jiains to be inlonned correctly about this Danite •Band, and I am well satisfied that my information as above stated u correct. I have no doubt but that Jo Smith is as lawless and consum- jmate. a scoundrel, as ever was the veiled prophet of Chovassin. I be- lieve the criminal law in Caldwell county cannot be enforced upon a Mormon. Grand Juries there will not indict. Jo declares, in his pub- lic addresses, that he can revolutionize the United States, and that if provoked he will do it. This declaration has been heard by Colonel Williams of this place, and other gentlemen of equal veracity. I have hoped that the civil authorities would prove sufficient for the exigency of the case, but 1 am now convinced that it is not, so long as indicl- i.ients have to be found by a jury of the county in which the offenoe Riay be committed.
L do not pretend to have wisdom enough to make a luggeslion ai t*
SI
vtiiRt your Excellency should do. The evil is alarming, beyond aM lioubt. Isiiggestthe toregoing facts for your consideration.
I am, very respectfully,
Your obedient servant,
THOS. C. BURCH. P. S. Judge King will give vou some information by the next mail.
T. C. B.
Proceedings of a public meding in Ray county.
At a very numerous pubUc meeting, held at the court house, in Rich- ftiond, Kay county, on Wednesday, the 24th day of October, 1838, for the purpose of taking into consideration the difficulties of the Mor- Bions:
The object of the meeting havmg been explained by Thos. C. Burch, Esq., the following resolutions were unanimously adopted, after read- ing the report of Chas. K. Morehead, Wm. Tliorn ton and Jacob Cudg- el, which is hereunto attached, to-wit:
Resolved, That the report here made, by Charles R. Morehead, Wm. Thorlon and Jacob Cudgel, Esqs. be transmitted by express to the Go- vernor of this State, together with tiiese resolutions
Resolved, That this meeting have the most implicit confidence in said report, as well from the known veracity of said gentlemen, as from nu- merous othet facts and circumstances in our knowledge, corroborating vbe same.
Resolved, That in the opinion of this meeting, the time has arrived, when it is the imperious duty of the Executive, by an armed force, to quell the insurrection put on foot by the Mormons, and that to effect llie same, the civil authorities are wholly inadequate.
Resolved, That Wiley C. Williams and Amos Kees, Esqs. be requeit- »d to viiirt the Goveinor, and lay before him the proceedings ol this meeting, and urge upon him the necessity of ordering out, turthwith an armed force agains! the Mormons, sufficient to meet the emer- gency.
Resolved^ That we view, with the utmost concern, the conduct of the Mormons in the counties of Daviess and Livingston, and that im.medi- ale action is necessary for the protection of our property and homes trom this lawless banditti.
Resolved, That, heretofore as citizens desiring to abide by the lawsot the land, we have been disposed to see tliis people called Mormons, dealt with for their oflences by the civil authorities; but that m tiie opinion of tills meeting, from their past and present lawless course, a resort tu the laws will be worse than useless, and wholly insufficient to aflord ibe country that protection to which she is entitled.
Resolved, That we appeal to the Goveinor of this State, to give lh« people of Upper Missouri protection from this fearful body ot thisr**' wad robbers
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Resolved, That it would, at this time, be inexpedient to take any of- fensive step, 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 in this county or Caldwell, during the present excitement.
Resolved, That some men s'hould now be raised to go to the northern border ot this county, and guard it from intiusion by the Mormons, to act entirely on the defensive for the present, and that Gen. Parks ba requested to raise three companies for that purpose, or that they be raised by volunteers.
Report of Messrs. Morehead, Thornton and Gudgel.
The undersigned, having on Monday morning last learned that the Mormons had burned fllillpori, in Daviess county, mjuidition to burning Stollings' store in Gallatin, in said county, and of their having threaten- ed to burn the store in Buncombe settlement, in this county, and feel- ing an anxiety to know the tiuth in relation to said reports, left this place, Richmond, on that (Monday morning,) and proceeded to Mill Port; they, however, previously called at Judge JMorin's, who lives about a quarter of a mile liom Mill Port, who infoimed them 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 witli us to Mill Port, where we found ail the houses in ashes, ex- cept a Grocery storehouse belonging to a Mr. iSlade, and a house in ■which Mr. Wilson McKinney had lived; we also found the house ol Robert Peniston near Mill Port burned. The horsemill belonging to him, Peniston, was taken down, the stones, bolting chest, <Sic., lying out some distance from the shed, and the shed yet standing. Mr. Mo- rin informed us that the burning was done on Sunday night last; that on the next day lie saw Mormons there and saw them taking oil beds and other tilings belonging to Wilson McKinney: we also saw some fuiv niture, which we unlers'.ood from Mi^. Morin, iJelonged to Mi-. McKin- ney, standing out in the commons, and which seemed to have been ri- fled of its contents. Mr. Moi in expected, on the day that we were there, that the Mormons would be there (at Mill Port) to move ofi' the remaining pioperty, and to burn the balanf^e of the houses; he stated to us that he considered his situation a precarious one; that he had been ])prniiiifi! lo stay thus long owiiiti: to his having no wao-ons to move ■with, but that he expected to get wagons that day, and intended moving into llicliiiiiiiul immediately. He s.iid that the county was entirely de- serted by the inhabitants, exceptingliimself and a few others besides the Mormons, and expressed it as his belief, that the corn from his house to 'Diahmon would all lie gatliei-ed, and hauled into 'Dinhmou bv the Mor- mons in fdi ly-eiglit hours from that time; he also stated to us, that he was at 'Uialimon a lew days |'revi<Mi>;h , and saw a company ol men (Mor- mons) ci.me into camp with a drove of cattle, amounting to about one hundred liead, which he supposed belonged to other citizens; he ai.so
33
saw a man in the possession of a Mormon, which he was vsry certaia belonged to VVm. Morgnn, a citizen of Daviess county. Mr. Morin looked upon these Mormons, who were then at 'Diahmon, (amounting he supposed to about six hundred men,) as a band of robbers and despe- radoes; he advised us very strongly to go no further, not to attempt to go to 'Diahmon or Far West, that we would gather nothing by doing 80; in addition to which, we there learned that the county on the north «ide 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 leaver he appealed 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 infor- mation, or expressed any thing unfavorable towards them, until he got away.
We did not visit Gal'atin, but understood from Mr. Morin and others whom we met moving into this county, that all the houses in that p\ace were burned, except a shoemaker's shop, beionginc to a Mr. Borwell..
C. R. MOREHEAD, WM. THORN'l'ON, JACOB CUDGEL,
Richmond, Mo., Wednesday, October 24, 1 838.
Hon. A. A. King to the Governor.
Richmond, Oct. 24, 1838.
Dear Sir: — As Mr. Williams will be to see you in reference to oar Mormon difficulties, and will be able to say all to you, perhaps, that can be said, I deem it a duty, notwithstanding, to give yoia such information as I have sought and obtained, and it is such that I assure you may be relied on.
Our relations with the Mormons are such that I am perfectly satisfied the arm of the civil authority is too weak to give peace to the oountry. Until lately, 1 thought the Mormons were disposed to act on- ly on the defensive, but their recent conduct shows tha^t they are the aggressors, and that they intend to take the law into their own hands.. Of their recent outrages in Daviess county, you have doubtlessly heard much already; of their course of condjct in Daviess, I will give you the general facts, for to give particulars would far transcend the limits of a letter.
On Sunday, before they marched to Daviess, Jo Smith made known his views to the people, and declared the time had come when they would avenge their own wrongs, and that all who was not for ih»m, and take up arms with them, should be considered against them;
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that their property should be confiscated, and their lives also be forfeit- ed. With this decoration and much else said by Smith, calculated t<» excite the people present, the next day was set to meet and see who was for them and who against them, p.iid under such severe penalties there was none that I leain wiio did not turn out, and about three or four hundred men, with Smith at tiieir head, marched to Daviess; this was on Tuesday; the next d.ty was the snow storm, ani upon Thurs- day they commenced their ravages upot? tlie citizens, driving them I'rora their houses and taking their property. Between eighty and one bun- dled men went to Gallatin, pillaged houses and the store of Mr. Slol- lings and the post ofhce and then burned the iiouses; they carried ofl' the spoils on horseback and in wagons, and now have them, I under- stand, in a storehouse near their camp. Houses have been robbed of their contents, beds, clothing, furniture, &c., and all deposited, and they term it a consecration to the Lord. At this time there is not a citizen in Daviess except Mormons. Man} have been driven without warn- ing— otheis have been allowed, a lew hours to start. The stock of th» citizens have been seized upon, killed and salted up by hundreds. From fifty to one hundred wagons are now employed in hauling in tlie corn from the surrounding country. They look for a force against them, and are consequently preparing tor a siege, buildingblock houses, &c, Thej have lately organized themselves into a band.ot what they callDanites, 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, and of committees, and to aveng* themselves for supposed wrongful movements against them, by private- ly burning Iiouses, property and even laying in ashes towns, &c.
I find 1 am running out my lelter too much in detail; I do not deem it necessary to give you a minute detail of all the facts of which J am possessed, but 1 give you the above in order that you may form som« idea of the disposition of these people. 'J"ho Mormons expect to setiU the afliiirat the point of the swoid, and 1 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 ifearned the facts. I do not pretend to advise your course nor make any sug- gestions other than what I have stated, that it is utterly useless lor the civil authorities to pretend to interpose. The country is in great com- motion 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. Williamg^ and if you should come up the country shortly, it will] give me plea«- »rc to take the trouble to see you.
I am, very respectfully,
AUSTIN A. KLNU.
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Affidavit of Henry Marks.
Being requested by a committee of the citizens of Ray county le aaake a statement ol' sucii lacls as are within my knowledge relative t» the Mormons, I have to say that I came to Far West the 17th of April last, and have lived there ever since. I have never been a member ot the Mormon Church, but my parents are. 1 am about the age of eigii- teen years. I liave lived at the house of Sidney Rigdon the most of the time, I have heard the prophet Smith, in a public address, say he would like to have a play spell of the whole: United States (m a fight as 1 took It.) This was on the election diiy last August. 1 have often heard the IMormons say they would as soon shoot the dissenters that eome out and talked against them, as to shoot any thing else. I have beard divers Mormons say that they burnt the store of i\Ir. Stollings iu Uaviess county. David ^V. Patten had the command of the compa- ny that went to Gallatin. The Mormons say that they did not burn the goods, but hauled them otl'— said Patten went by the name of Capt. Fearnaught. A few days ago I heard a company ol Mormons, who had been to Daviess county, say they had taken from the citizens of Daviess county about twenty-four horses and thifty-two guns, and it was said by Mormons about there that it was done to make up forloss- ■«3 in Jackson county — when the company came up who took the guns and horses,! heard Sidney Rigdorf shout three times "Hosannah to the Victors,'' and made then a speech exhorting them not to fear, and to ■keep up courage.
October 24,^1 83G. HENRY MARKS.
Sworn to and subscribed before me on the day above written.
HENRY JACOBS, J. P. of Ray county.
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Affidavit of Adam Black.
I, Adam Black, a citizen of Daviess county, do st.ite as follows, to .wit: that, on the 1 llh day of October, 1838, Mr. lleniy Lee was driven from his house in said county; he stated that the Mormons came to his house and ordered him to leave immediately or he would suffer; that he was in danger; that iheie was a gener: 1 insurrection going to take place, and he had better get away, and Mi\ Lee left home on the 15th inst. The I'ost rider staled to the citizens of said county, that the cit- izens of C;ildwell were paraded in Far VVest for the purpose of march- ing to Daviess county, to drive all of the citizens out of that county that were not friendly towards them. On the 16lh, the Mormons marched into said county, from two to five hundred, supposed to be. On the 17tli, they went to several of the citizens ot said county, and took their arms and ammunition, and said they intended to drive all of the mob out of the county. On the IBih, they marched about one liundred or more men, well armed, to Gallatin, and dravo *he citizens
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of said town, and robbed the store and Post Office, and burned the said' storehouse and office; they went to G. VVorthrington's, P. M. of said office, and drove him out of his house, and robbed it 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 lake their lives. On the 19th, they marched througli 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 5 houses in Gallatin, the county seat of ' Daviess county. On the 20th, they were seen marching three hundred men through the county, aK well armed, driving the citizens before them, robbing their houses, threatning their lives, if they did not leave. The smoke was seen rising from several buildings by the citizens of Daviess county. On the 21st, they marched about four hundred to one Mr. Wm-'Osburn's in Daviess county; Mr. Osburn not being at home, they threatened the life of his wife, ordered her out of her house, put- ting the muzzles of their guns against her, and punching her with them, and shoved her out of her house and told her to leave there, and plun- dered ar.d 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 — marched to ,, Mr. White's in Livingston county, threatning in the presence of Mrs. - "'i White, ifher husband was at home they would take his life; plundered. • her house; took a quantity of their clothing, several log chains and /:' draw chains; took and destroyed about fifty bushels of oats; trod down*'" the fences, rode through his field of corn, and destroyed a quantity of corn; took five bee stands^ They plundered two other houses in Liv- ingston county, and took two prisoners, a Mr. Dryden and Mr. Martin, as they were returning from preaching. They then marched for their city in Daviess county, Adam-on-diahmon; and on their way they took. five other men prisoners. In marching a short distance, they discharged three of the prisoners — they carried six others on about twelve miles, where then passed through a large corripnny of footmen; there they dis- charged some others of the prisoners, and one of the prisoners states, when he returned, there was a company came with him to Mill Port t** burn satd place — the light of the fire was seen, and next morning the smoke was seen rising from five houses by Mr. Osburn.
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 of cattle from Daviess county , towards Caldwell county — Mr. Osburn states he has lost forty-one or forty-two head of cattle — they have taken several horses from the citi- zens the amount not known — they have also taken a quantity of pork hogs, the amount not known. It is supposed from the best informa- tion 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 theii families to Livingston county. There is not a single officer left in said county to execute the laws of our landj
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andin behalf of the citizens of said county, and in my own behalf, jf ask of the Executive of the State to be reinstated in our homes, and the necessary and les;al steps be taken to recover our property, and bring the oli'enders to justice.
ADAM BLACK-
Affidavit of Thomas B. Match.
At the request of a committee of the citizens of Ray county, I mafco the following statement in relation to the recent movements, plans, and intentions of the Mormons in the counties of Caldwell and Dor tiess:
Shortly after the settlement of the difTicullies at De Witt, in Carroll Bounty, a call was made by the Mormons at Far West, in Caldwell coun- ty, for volunteers to go to Daviess county to disperse the mob, as they said. On the day before this, Joseph Smith, the prophet, had pieached, in which he sa'd, that all the Mormons who refused to take up arms, if necessary in difficulties with the citizens, should be shot or otherwise put to death; and as I was there with my family, 1 thought it most pru- dent to go, and did go with my wagon as the driver. VVe marched t» Adam-on-diahmon, and found no troops or mob in Daviess county. Scouting parties frequently went cut and brought in intelligence that they had seen irom throe to five hundred men. We got to 'Diahmoa on Tuesday evening, and on the next day a company of about eighty of the Mormons, commanded by a man fictitiously named Capt. Fear- naught, marched tc^Gallatin. They returned and said they had run off from Gallatin twenty or thirty men, and had taken Gallatin — had taken one prisoner, and another had joined the company. 1 afterwards learn- ed from the Mormons that they had burnt Gallatin, and that it was done by the aforesaid company that marched there. The Mormons in- formed me that the> had hauled away all the goods from the store ia Gallatin, and deposited them at the Bishop's store houses at 'Diahmon. On the same day, Lynian Wight marched about eighty horsemen for Mill Port. Ke returned befoi-e night and called for Joseph Smith and Hiram Smith, to report to them (said Hiram being counsellor ot said Joseph the prophet) and said Wight reported that he had been in sight of Mill Port — saw no one to fight — but that the people generally had gone and left their houses and property. The prophet, on hearing tha property was left, commenced a reply, and said: "we had better see to it," when Wight stopped him by saying '-never mind, we will have a private council," and Smith replied '"'very well." The private council I did not hear. The men were determined to go to their camps. The same evening a number of footmen came up from the direction ol Mill Port laden with property which I was informed consisted ol beds, clocks and other household furniture. The same njght I think about three wagons were despatched for about forty bee gums, and the next 4ay I law several gums, when they were splitting them up and takiag
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ihe honey and burning the gums, in which business of taking out th« faoney, but few vvei'e engaged, lor fear us they said, they would be call- ed on as witnesses agiiiiist them. When Wight returned from Mill Port and informed Smith that the peO|Me were gone and the property isft, Smith asked him if they had left any of th« 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 lime, a company» ealled the Fur Company, wei'e sent out to bring in fat hogs and cattle, «alling the hogs, bears, and the cattle bulfaloes. They briiught in at »ne time seven cattle and at another lime 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 «f 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 religiou* principles. On Saturday last,! am informed by the Mormons that 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 cime to do mischief upon the people of Caldwell, and committed depredations upon the Mormons, tiiey were to burn Buncombe, nnd if the people of Clay and Ray made any movements against tlieni, this destroying com- pany were to burn Liberty and Riclunond. This burning was to be .done secretly, by going as incendiaries. At the same meeting, 1 wa« informed, they passed a decree that no Mormon dissenier 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 and other Mormons, said Avard proposed to start a pestilence among the Gentiles, as he called them, by poisoning their corn, fruit &c, and saying i*. was the work pf the Lord; and said Avard advocated lying for the support of their religioii. and said it was no harm to lie lor the 1-ord. The plan of said Sniiih, the prophet, is to take this State, and he professes to his people ti> intend taking the Uni- ted States, and ultimately the whole world. This is the belief of lh« church, and my own opinion of the prophet's plans and intentions. It is my opinion that neither said Joseph Smith, the prophet, nor any ons of the principal men, who is firm in the laith, could be indicted for any offence in the county of Caldwell. The prophet inculcates the notion, and it is believed by every tiue Mormon, that Smith's prophecies are luperior to the law of the land. I have heard the prophet say that h« 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 gen- eration, and ihat he would make it one gore of blood from the Rocky- Mountains to the Atlantic Ocean; that like Mahomet, whose motto, m treating lor peice, was "the Alcoran, or the Sword," so should it be tvantually with us, "Joseph Smith or the Sword." These last Blata-
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wents were made during the last summer. The number of armed mea «t Adam-on-diahmon was between three and four hundred.
THOMAS B. MARCH. Sworn to and subscribed before me the dav herein written.
HENRY JACOBS,' J. P. Ray county Mo. Richmond Mo. Oct. 24, 1 833.
I
Affidavit of Orson Hyde.
The most of the statements in the foregoing disclosure of Thoraw B. March, I know to be true, the remauider 1 believe to be true.
ORSON HYDE. Richmond, Oct. 24, 1838. Sworn to and subscribed before me on the day above written.
HENRY JACOBS J. P.
The undersigned committee, on the part of the citizens of Rar eouniy, have no doubt, but Thomas B. March and Orson Hyde, whose names are signed to the foregoing certificates, have been members ot ihe Mormon Church in full tellowship until very recently, when they voluntarily abanconed the Mormon Church and faith, and that said March was at the time of his dissenting the president ot the twelve Apostles, and president ol the Church at Far West, and that said Hyd« 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 ot iheir immorality and impiety.
Thos C. Burch, George Woodward, C. R. Morehead,
William Hudgins, J. R. Hendley, O. H. Searcy,
Henry Jacobs, Richmond, October 24, 1838.
Messrt, Williams and Bees io General Clark.
Demoss's, Midnight. Oct. i5, 3 83S, - Miij. Gen. John B. Clare.
We write you a hasty letter from this point to give you authentic ia- lormation as to the appalling situation of tne county in the neighbor- koodof the Mormons. We are on our way as^expresses to the Got- •rnor conveying the following information: i hat these wretched In- matics have thrown off all restraints, and are destroying all belore thent —they have burned Gallatin the county «pat of Daviess — takeii iho foods" from J. Stollings' store, and burned the house — they have burneci ihe village of Mill Port in Uaviess, and have burned almost every >o««e from Gallatin and Mill Port n»rih, with many others ia oth»i-
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pnrts of the county, and plundered the whole country of the property" of the inhabi'.ants — they say themselves that they have taken thirty thousand dollars worth of property. We have this moment received' an express informing us that they, this morning nt [lay light, attacked Capt. Bogart's company of fifty men, with three hundred IMormona, and defeated him, killing some ten men, wounding many others and ta- ken most of the remainder prisoners. Many of the Mormons hav- ing been killed in the fight as is supposed. We have but little hopo from these wretched desperadoes, but that they will kill all those pris- oners. 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 de- termined to attack and burn Richmond to night, 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 we have not time to write is true and you may act nccordingly.
Yours respectfully.
WILEY C. WILLIAMS, AMUS REES.
Letter from Woods and^ Dickson.
Carrollton, Mo., Oct. 24, 1838. Sir: — We were informed Ipsl night by an express from Ray county,, that Capt. Bogartand all his company amounting to between fifty and sixty men, were massacred by the Mormons at Buncombe, twelve miles; Borth ot Richmond, except three. This st:itement you may re'y on as being true, and last night they expected Richmond to be laid in ash- es this morning. We could distinctly hear cannon, and we know the Mormons had one in their possession. Richmond is about {wenty-five Hiiles west of this place on a straight line. We know not the hour or mrnut^ we will belaid in ashes — our county is ruined; for God sake give ee assistance as quick as possible.
Yours, &c.
SARSHEL WOODS, JOSEPH DICKSON,
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t 2'he Governor to General Clark.
Head Quarters of thk Militia, ) City of Jefleison, Oct. 27, 1838. \
Gen. John B. Clark.
Sir: — Since the order of this morning to you, directing you to causo- four hundred mounted men to be raised within your Division, I havs received by Amos Rees Esq. of Ray county and Wiley C. Williami Esq. one of my aids, infoimation of the most appalling character, which entirely changes the face of things, and places the Mormons in .the attitude of an open and avowed defiance of the laws, and of hav- ing made war upon the people of this Slate. Your orders are, therft- fore, to hasten youroperations with all possible speed. The IMormong must be treated as enemies, and i>iust be extermiimted or driven from the State if necessary for the public peace — their outrages are beyond all description. If you can increase your force, you are authorized to do so to any extent you may consider necessary. 1 have just issued orders to Maj. Gen. Willock, of Marion county, to raise five hundred men, and to march them to the northern part of Daviess, and, tiiere unite with Gen. Doniphan, of Clay, who has been ordered with live hundred men to proceed to the same point lor the purpose of intercep- ting the retreat of the Mormons to the north. Ttiey have been direc- ted to communicate with you by express, you can also communicate ■with them if you find itnecessary. Instead therefore of proceeding as at first directed to reinstate the citizens of Daviess in their homes, you will proceed immpoiately to Richmond and then 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 wiiole iorce will be placed under your command.
I am very respectfully,
vour obH serv't, L. W. BOGGS, Commander-in-Chief,
E. M. Ryland to Messrs. Rees and Williams.
Lexington, 6 o'clock, p. m. Oct. 25, 1838.
To Messrs. Amos Rees and Wiley C. Williams. ,
Gentlemen: — This letter is sent on afteryou on express, by Mr. Bry- ant of Ray county, since you left this morning. Mr. C. R. Morehead cnrne here on express for men lo assist in rejitllmg a threatened attack npon Richmond to-nigtit. He brought news that the iMornion armed Iorce had attacked Capt. Bognit this morning al daylight, and had cut ofT his whole company o( (iity men. .Since Mr. iVloiehead left Rich- mond, one of the company (Bogart's) had come in and rep>rted that
6J
fBere were ten of his comrades killed, and the remainder were tnkeK" prisoners, after many of them had been severely wounded; he stated I'urther, that Richmond would be sacked and burned by the Mormon banditti to-night. Nothing can exceed the consternation which this news gives nse to. Tiie women and children are flymg from Richmond ' in every direction. A number of tliem have repaned to Lexington, amongst whom is Mrs. Rees; %ve will have sent from this county since } o'clock this evening, about one hundred well armed and daring men, perhaps the most eti'eclive our country can boast of. They will cer<- tai'nlv give them (the Mormons) a warnv reception at Richmond to- night. You will see the necessity of hurrying on to the City of Jeffer- son, and also of impartmg correct inlormation to the public as you g* along. My impression is, that you had better'send one of your num- ber to Howard, Cooper and Boone counties, in order that volunteene mav be getting ready, and flocking to the scene of trouble as fast as f)0ssi61e. They must make haste and put a stop to the devastntioo which is menaced by these infuriaied fanatics, and they must go pro- pared and with the lull determination to exterminate or expel them from the Slate enmasse. Nothing but this can give tranquility to the publie mind, and re-establish the supremacy of the laws. There must be nt» further delaying with this question any where. The Mormons mu»l 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, discre- tion and fitness ior the task you liave undertaken, and we have only nm9 to saVjGod speed vou. Yours truiv,
■ ' ' E. M. RYLaND.
Commander-in-Chiif (o Gen. John B. Clark.
Head Quarters of the Militia, ^ City of JetTerKon,Oct. 26, 1838. ]
©en. John B. Clark, 1st Div. Mo. Mi.
Sir: — Application has been made to the Cornmander-in-Ghief by th« citizens of Daviess county, in this Srate, for protection, an«l to be to- stored to iheir homes and property: with inlelligence that the Mor- mons, with an armed force, have expel'ed the inhabitants of thatcoun ly from their homes, have pillaged and burnt their dwellings, driven ofi their stock, and were destroying tlieir crops. That they (the Mormons) have burnt to ashes the towns of Gallatin and Mill Port in said coan- ly, the former being the county seat of said county, including the clerk'i office, and all the public records of the county, and that there is not now a civil officer within said county.
The Commander-in-Chief, therefore orders, that there be raised from the Ist, 4th, 6th, 6th and 12th Divisions of the Militia of this State^ (our hundred men, each to be mounted and armed as infantry or rifle- mes, each man to furnish htmself with at least fifty rounds of arornuai-
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tiott and at least fifteen days' provisions. Tiie troops from the 1st, 5th^ Stii and J 2th Divisions will rendezvous at Fajette, jn Howard count j, on Saturday, the .3d day ol' next month, (November,) at which point they will receive lurther instructions as to their line of March. You will, therefore cause to be raised, the quota of tTien required of your Division (tour hundred men.) vvithiHii delay, eiiher by volunteers or drafts, ana rt.'ndezvous at Fayette, in Howard county, on Saturday, the 3d day of next month, (November,) and there join the troops from ih« *th, 6thand 12tli Divisions.
The troops from the 4th Division will join you at Richmond, in Hay county. You will cause the troops raised in your Division to be formed into companies according to law, and placed under officers a'ready iu commission. [{ volunteer companies are raised they shall elect their own officers. The preference should always be jriven to volun- teer companies already organized and commissioned. Y.ou will also de- tail the necessary field and staff officers. For the convenience of trans- porting the camp equippage, provisions and hospital stores for the troop* cnder your command, you are authorized to employ two or three bag- gage wagons.
By order of the Commander-in-Chief.
B. M. LISLE, Adj. Gen.-
[An Older corresponding witii the above was issued at the same time of the foregoing, directed to the Major Generals commanding the 4tli. *lh, 6th and l'2ih Divisions of the militia of this State. An order was a!go issued to Gen. Willock of the 14th Division, ordering him to raise five hundred men, and march them to the north of Caldwell county. Or- ders were also issued to Brig. Gerts. Doniphan and Parks, directing them to raise five hundred men each. But understanding that no men wer« raised under these orders, it is thought a copy is nnnecessarv.
B, M. I. Adj. Gen.j
Major General Lucai Lo the Commander-in-Chief.
Indxpendknck, Nov. II. 1838.
To His Excellency, L. W. Booqs, Commander-in Chief.
Sir:— Your communication of Nov. 6, 1838, through B. M. Lisle, Es^.. Adjt. Gen., tias just b^en received.' The prisoners have been seat to Richmond, subject to the order of General Clark, and the arms will be sent as soon as the weather will permit. I have also furnished Gee. Clark a copy of my report to you — all of which proceeding* iiave been lr:insrnitted to you by mail; but which, I presume, did not rtaek J9M previous to the date of your orders. I have the honor to be,
Your most obedient servant,
SAMUEL D. LUCAS, Maj. Gen. 4 Div. M. M,
u
7. S. J refer you to my report and two other communicatiom. •since my return from Far West, ior further particulars as to the pris- oners and arms. Col. S. V. Noland, one of your Aiddecamps, who ac- companied the expedition under my command, will leave this evening for Jefferson City, and will communicate further on this subject.
S. D. L., Maj, Gen., &c. P. S. The first communication received from Gen. Clark was undtr date October 30, in which he directs Gen. Atchison and myself to act 3s we think best, according to circumstances. This letter was receiv- ed either on the day, or the day before the surrender, by Captain Long, one of the persons Gen. Atchison and myself had started, to you with our reports. The second communication oi Gen. Clark was dated November 1st. In this he directs us to remain in some secure position, and not to make any attack until he arrived; which, together with the third communication, (the one you sent a copy of in your commu- nication per Mr. Doriis,) was only received at Williams' Ferry, Mis- souri River, two days after I had disbanded the army, as per my re- port to you of November 2d. I never had any idea of trying any of the prisoners by a Court Martial; but only ordered them to mr Head Quarters, to await your further orders.
S. D. L., Maj. Gen., &a.
Major Genera] John B. Clark to the Governor.
Head Quarters, Richmond, Nov. 11, 183S.
T» 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 be- coming absolutely necessary for the preservatmn of the stores and munitions of war to have an acting Commissary, I appointed to thai ofHce 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 be- fore my final report of the expedition is made.
I have the honor to be.
Your obedient, humble servant,
■ JOHN B. CLARK, Maj. Gen. I Div. Mo. Mi- [Lel the cosimisgton be dfcted October 29, 1838.]
I. B. C.
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General Clark to (he Governor.
Head Quarters of the Militia employed against the Mormons.)
Richmond, November 10, 1838. ^
To His Excellency, L. W. Bo cos.
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 thou- sand men, ready to marcii on Monday, the 'Idih day of October last — all of which I communicated to you by express, —the one, however, carrymg my communication, met one from your Excellency and re- turned.
On the 29th, according to my order, the First Brigade rendezvoused at Fayette — proposed to march, and did, on that evening, take up the line of march, and reached Chariton on that evening. At Chariton I received an express from Messrs. Atchison and Lucas to you, which I forwarded, and then I despatched an order to Gens. Atchison and Lu- cas, with a copy of your several orders to me, all of which you have been informed of by me. The next day, October thirtieth, we reached Keytesville, where we met the Second Brigade, command- ed by General Robert Wilson, who had been ordered to join me at that place. The next morning, October 31st, I organized the two Brigades into a Division, ofhcered the same, and took up the line of inarch for Richmond. Oa the day we reached Carroleton, November 2d, I heard a report that General Lucas had invested f^ar West, and effected a capitulation, the terms of whicli I sent you from here on my way out. I then sent another express to Gen. Lucas, to hold fast tu all he had (supposing be had the prisoners and arms) until I arrived, to make no final capitulation or treaty until I did arrive; when I would communicate to liim my plans of settling the difficulty, and also re- questing him to report to me forthwith his acts, strength, &lc. The express was directed to bring back to me, at Richmond, any commu- nication the General might desire to make. The next day I reached Crooked River, in the neighborhood of Richmond. At this place I learned that Gen. Lucas had disbanded his forces, and marched the prisoners to Independence. I immediately sent an expiess to intercept him, with orders to marcii the prisoners and arms back to Richmond, for reasons contained in my letter to you. From Richmond I continued my march to Far West, where I arrived on Sunday, the 4th inst. When I reached there,! encamped in the vicinity of town — at night I went into town with all my field officers, and commenced ferreting out the guilty amongst the i\Iormons who were there — this business employed my time tor two days and nights. After I had obtained all the infor- mation 1 could by disclosures of the dissenters from Jo, the prophet (and there are not a few at this time.) I caused the whole of the Mor, Mions to be paraded, and look out of their ranks such of those I ci>nceiv-
.e
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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 pris- oners, forty six in number. I, however, the day before I left Far West, despatched Lieut. Col. Price from the 2d Brigade to Richmond with two companies, to receive the prisoners and arms; but, on his ar- rival, not finding them there, he went to Gen. Lucas, at Independence, and informed him of his missionc The General then sent them, and they reached here on last evening, and they are now here under a guard. On the day I left Far West, I ordered General Wilson with his Brigade (except the two companies with Colonel Price) to Adam-on-diahmon, a town in Daviess, which had a few days since surrendered and given up their arms, with instructions to take possession of the town and disarm all ihe Mormons, and act in that quarter in accordance to your instructions to me, a copy of which was fur- nished 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 jai' 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 piaclicable, and if necessary leave a small force there to pio- tect the citizens. 1 also ordered Capt. Comstock, with his company in Livingston, to continue there, disarming the Mormons, wherever found, and report to General Wilson, at 'Diahmon for further orders. This business done, I proposed to march back to Richmond. The morn- ing before I left Far West, I called the whole of ihe Mormons together, about five hundred, (a great number having run away betvi^een 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 wiih 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 theni, but 1 would pledge the honor of the State, they should not be hurt., and that their arms should be given up to thein 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, 1 took up the line of naarch with the prisoners, and got here on yesterday. On my arrival here I discharged the whole of the 1st 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. Growther'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 Estate of afTairs; left his men at the river uear Lexington, and came ob t<?
fit
»je«t me wilh his staff at Far West. I then ordered him to counter- march 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 commanoed by Captains Parsons and Bogart. I detained Lieut. Col. Price to super- intend the guard of the prisoners, and I also detamed 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 prison- ers, and called on Judge King to try them as a comnniting court, and I / am now busily engaged in procuring witnesses, and submitting facts. There being no civil officers in Caldwell,! have to use the military to get witnesses from there, which I do without reserve.
Gen. Wilson's Brigade is siill in service, in Daviess county, under the instructions above staled. They will be discharged as fast as possi- •
ble. The most of the prisoners here 1 consider guilty of Treason, and 1 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 indict- ed, 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 ^y-^"^ leaders taken by Gen. Lucas, by a court martial for mutiny. This I am r'vTj' in favor of only as a dernier resort. 1 would have taken this course!.' with Smith at any rate; but it being doubtful whether a court martial has jurisdiction or not, in the pre'sent case — that is, whether these peo- ple are to be treated as in time of war, and the mutineers as having mutined in time of war — and I would here ask you to forward to me the Attorney General's opinion on this point. My whole object is to obey your orders, and settle this matter so as to have the best efi'ect upon the people, and at the same time notcompromit the character of the Staie. But it will not do to allow these leaders to re- turn to their treasonable work again, on account of their not being in- dicted in Caldwell. 1 find by inquiry, that with all the enormitie* we have heard charged against these people, many of which charges we looked upon as the offspring of prejudice on the part f/i our citizen?, the half 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 tSmith, Jr., the pre phet. They have committed treason, murder, arson, burglary, robbery larceny, and perjury. They have societies formed under the most binding covenants m form, and the most horrid oaths to circumvent the laws, and put them at defiance, and to plunder and burn and mur- der, and 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 per- sons I have seen who have disclosed them. Under this horrid kyslem many of the citizens of Daviess county, who went to that frontier poor, and who by their industry and economy had acquired a good living. Lave been robbed of every article of property they have — their houses burnt before their eyes, and them and their wives and children driven tut of the county, without any kind of shelter. In one instance 1 havt
68
been informed that a family was ordered off, and their houses burnt i« their sigSt, and a woman driven out while it was snowing, with a child only four days old; in another case, I was informed the family was driven away, and the woman was compelled to ask protection in a few miles, where she was delivered of a cliild a short time after she was thus treated. These, sir, are some of the offences of these people, I do not wonder at the prejudices against them in their vicinity. I send you enclosed a copy ot the 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 pre closed. You shall be informed, from time to time, of the progress, as also of the movement in Daviess. Tiiese facts I now communicate to you, supposing they wou'd tie useful to you before the meeting of the Legislature. Your communicaiio\j of the 6th was received to-day by Mr. Maupin — its contents were duly noted and 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. 1 am, sir.
Your obedient servant,
JOHN B. CLARK, Maj. Gen. Commanding.
General Lucas iojhe Governor. i
Independence, Nov. 7, 1838. To His Excellency, L. VV. Boggs,
Commander-in-Chief Mo. Mi.
Sir: — I received from Gen. Clark last night, per the hands of Co'. Price, a copy of your order of the 1st November, in which you stated that neither General Atchison or Lucas was called, or ordered into the field by you. If your orders had reached me before I got into the field, I would not have went; but I knew 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. Park*, then in the field, (which, according to military usage and etiquette, is equivalent to an order,) for assistance. He represented things in such a manner (which your Excellency has been apprised of by Col. Wih liams and Mnj. 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 Igot there with an army of twenty-five hundred men, I could not consistently lie idle or inac- tive. For the result of my ptoceedings I refer you to my report, sent herewith. I did not malte any report to Gen. Clark, because I did not believe it proper to do so, consistent wij^i my grade of office.
I am, very respectfully,
Your obedient servant, S. D. LUCAS, Maj. Gen. 4 Div. Mo. Mi.
p. S. If your Excellency sliould deem it proper, you can cause Gen. Clark to be furnished with a copy of the above. S. D. L.
The Governor to Gen, Clark. Executive Department, City of Jefferson, Nov. 6, 1838.
To Maj. Gen. John B. Clark, Commanding the forces against the Mor- mons.
Sir: — I have the honor to acknowledge the receipt of your commu' nicatiori, under the date of the 3d inst., dated at Richmond, by the ex- press, Mr. G. D. Maupia. I regret very much to hear tiiat Gen. Lucas has been guilty of disobedience of orders. On this 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 plaeed under your command. Gen. Lucas was not ordered out at all, except in the way 1 mentioned to you in my last cammunication; he was directed to cause four hundred men of his Division to be raised, and place them under the comm md of a Brig. General, with the privi- lege, if he thought proper, to waive his rank as a Major General, and take Brig. General's command.
Gen. Atchison was not ordered out in this last aiTair, for two reasons: one was, that I was aware as a member of the Legislature he would have other duties to attend to; and another was, that there was much dissatisfaction manifested towards him b}' the people opposed to the Mormons; he, though, under the Militia law, has a right within the limits of his command to order out his troops to quell insurrection, or repel invasion. Geii. Lucas, though, could not exercise any command within Gen. Atchison's division, only so far as he may have been directed by the Coinminder-in-Chief, and that only extended to the command of a Brigadier, in pursuance of the orders which I forwarded by Mr. Black, tfie express from Daviess county, whose companion, Mr. Dryden, bore my first orders to you. I therefore approve of the course yon have taken in demanding the prisoners of Gen. Lucas, as well' 'as the arms, and shall send to him instructions to deliver them over to your order in the way you have directed him. You will see that they are securely confined within the limits of some prison, and strongly guarded. The course you have proposed taking in relation to the other prisoners — that IS, to hold an examining court, and cause all those deemed guilty to be confined and guarded, is the correct one.
You will proceed to 'Diahmon, and there disperse all the persons you may find embodied and under arms without authority of law; in the mean time a detachment from jour command can, if it is deemed ne- eessaay, be employed to reinstate the people of Daviess in their
70
homes. It will also be necessary that you hold a military court of in- quiry 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 com- pletely, if possible, before you disband your forces; if the Mormons are disposed voluntarily to leave the State, of course it would be ad- visable in you to promote that object, in any way deemed proper. Th« ringleaders of this rebellion, though, ought by no means be permitted to escape ihe punishn>ent they merit. The troops from Cole, Gascon- ade, and Franklin are directed to report to you. You had better re- tain them in service, and discharge them, who, fr»m fatigue or other- wise, may be disposed to return. I should be pleased to hear from you of the final result of this matter, previous to the meeting of the Legis- lature. I shall forward to Gen. Lucas, by express, the necessary orders and instructions to obey the order you have directed to him under date of the 3d 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, progress, and termination of the recent difficulties with the Mormons, in order that I may communicate the 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. L. W. B..
' General Lucas to the Governor^
Independknce, Mo., Nov. 5, 1838^
To His Excellency, L. W. Bogqs,
Commander-in-Chief of ihe Mo. Mi.
Sir: — I returned yesterday with the troops of the 1st Brigade, 4tk Division, Mo. Mi. We got to Goose Creek, in the vicinity of Far West, on the 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 and punished. ^■, 2d. To make an appropriation of their property, all who have taken up .arms, to the payment of their debts and indemnify for damage done by them.
3d. That the balance should leave the State, and be protected out by the militia, but to be permitted to remain until further orders from the Commander-in-Chief.
4th. To give up theirjarms of CTcry description to be receipted for.
7i
We took about six hundred prisoners, and received something like that number of arms. In disbanding my command, I ordered General Wilson to take charge of the leaders who 1 had demanded for trial, viz: Jo Smi'h, jr. Sidney Rigdon, Lyman Wight, Amos Lyman, George W. Robinson, Parley Pratt and Hiram Smith, together with the arms, and march them to my head quarters at Independence, to await your fur- ther orders. On the 3d of November, when at Williams' Ferry, Mis- souri River, I received a letter from Maj. Gen. Clark by expiess, order- ing me to march the prisoners and arms to Richmond, to disband my forces and repair myself with niy statf 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, bje commanded by a junior Major General. I was thrown into the field by a call from Brig. Gen. Parks, then in the field, which, according to military etiquette and usage, is equivalent to an order; and (roin your order to General Clark, he is only authorized to command Brigadier Geperals, but can make a call on Major Generals for any force that he may think necessa- ry. 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 the 26th and 27th ult., togeth- er with your letter to me of later date, was only received by express on the 30th ult., within six or seven miles of Far West; at this point Maj. Gen. Atchison left me and returned home to Liberty. 1 was then left in the sole command of about eighteen hundred men, which I march- ed that night toGoose Creek, within one mile ot Far West, by sun down. The next day my forces were increased to twenty-five hundred men — with an army of this magnitude I could not think of lying idle and in- active. I will make out a fair report and send it to you by the next mail. We were looking for you every day for the last four or five days, or I would have sent an express to you from Far West. A communica- tion I received from Gen. Clark, 1st November, stated, that he had learn- ed that you was on your way up, and would arrive in a day or two. Learning that Gen. Clark \vas on his march with an army of two thou- sand 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, tc 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 Col. Williams, your aid, Col. Burch and Maj. Rees, of Reg't, at Far West, drawing up allthe neces- sary papers; and Col. Hinkle and myself appointed five Com'ds, vii: Wm. Collins of Jackson, G. W. Woodward of Ray, Judge Cameron of Clay, John Corrill and M. Phelps of Far West. The Mormons are t« convey their property in trust, to those Com'ds, for the benefit of cred- itors, and for indemnifyiBg those that have been damaged by them.
This arrangement gave satisfaction to the whole army, and was th«
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means of saving a, great many valuable lives, and the effusion of im- mense blood.
1 have the honor to be,
VVithgrent respect,
SAMUEL D. LPCAS, Maj. Gen. 4lh Div. Mo. Mi.
P. S, I sent Gen. Clark a copy of my report to you as soon as I had it made out.
General Lucas to the Governor.
Head Quarters, Camp near Far West,) November 2, 1838. \
To His Excellev.cy, L. W. Booas.
Commander-in-Chief Mo. Mi. d Sir:— On Monday, October '29lh, the troops ordered out by Major General Atchison and myself, (as per our report to you of said date,) took up iheirline of march from camp near Richmond for Far West. We encamped the ni^ht of the 29th at Linville's Creek, (a short dis- tance 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 then encamped on Log Creek aith a force ot 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 the 30th October, the troops got together at the last named point, when we mustered about eighteen hundred men. Wliilst at this place we received your orders of the 26th ult., and I received an order t- f the 27th ult., and a letter from you of same date. At this point M:ij. Gen. Atchisonleft me for Liberty, when I was left in sole command. Be- fore leaving Log Creek, I received information that a body 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 in- telligence, I ordered a detachment of two companies from the respec- tive commands of Brig. Genls. Wilson, Doniphan, Parks and 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 match 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 re- ceived intelligence from Gen Doniphan, from his position on the right, that he had discovered a party of mounted Mormons approaching Far West from the east, and requested permission to intercept them if pos- sible. Leave was granted, and his Brigade started off at nearly full speed to accomplish the order, but the Mormons succeeded in reaching
tiie fort. Gen. Doniphan approached within two hundred yards of their, fortress, when they displayed a force ot about eight hundred men. At this junciure, I ordered Gen. Graham's Brigade (holding Gen. Parks' and part of Gen. Wilson's mounted in reserve,) to march/ull speed to the relief of the 1st Brigade, 3d Division, but from the inequality of the force of the first detachment, (being only two hundred and fifty .strong at that time, and the Mormons 800) ii was considered prudent to withdraw the troops, and march against them in the jnorning, which was accordingly done, and they all returned, as dark set in, to camp. At this place J established my head quarters, and continued there du- ring the expedition against the Mormons. The detachment under Gen. Wilson returned about 9 o'clock, p. m. The next morning, 31st of October, 1 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. 1 sent him word I would meet him at 2 o'clock, p. m., being sofmuch engaged in receiving and encamping fresh troops, who were hourly coming in, that I could not attend before. Accordingly, at that time,! 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 compiomise or settlement of the difficuliy without a resort to arms. After giving him to understand the natnre of your orders, I made him the following propositions, which I furnished him a copy of, also a copy of your or- der, viz:
1st. To give up their leaders to be tried and punished. 2d. To make an appropriation o) their property, all who had taken up arms, to the payment of their debts, and indemnify for damage done by them.
3d. 'i'liat the balance should leave the State, and be protected out by liie militia, out lo be permitted to remain under protection until further orders were received from the Commander-in-Chief.
4th. To give up the arms of everv 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 Jos- Smith, jr. Sidney Rigdon, Lyman Wight, Parley Pratt and George 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 proposition during the night, declined acceding to them, that tlie hostages should be returned to him in the morning, at the same point they were received, but it was un- derstood, in case they did comply, they were to be held for trial as part of the leadeis called for by the first stipulation; I then gave him until one hour by sun in the evening to produce and deliver tliem. We then returned to camp, and I directed the troops to make preparations to march to Far West bv an hour and a half by sun, with a determina-
74
iiOQ, in case the hostages were not produced, to make an attack upoa ;he town forthwiih. 1 directed Gen. Parks' Brigrde to be mounted, and to form on the right of the Division, to act as flankers it necessary, and if required to pass entirely around the town, and form on the north side, wiih instructions to make the attack at the report of the cannon, which was t6 be the signal for the general attack. General Graham's Brigade was mounted and formed on tiie extreme left to act as flankers, and if required to form the line on the west side, with similar instruc- tions as to the commencement of the attack. Gen. Doniphan's Brig- ade was ordered to parade on foot, and to form on the left of General Parks, with instructions to form on the east side, with similar orders relative to attack. Gen. Wilson's Brigade was ordered to parade on foot, and to form on the left of Gen. Doniphan, with instructions to lorm the line of battle on the south side, with same instructions as to commencement of attack. The artillery company with one piece of ordinance was placed at the head of Gen. Doniphan's and Gen. Wil- son's Brigade, with instructions to occupy an eminence within thre« hundred yards of the town. The army being disposed of in ihis man- ner, at the appointed time I took up the hne of march in the direction of Far West. When the troops got within about six hundred 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 for- ces back to our encampment. I cannot forbear, at this point, express- ing my gratification and approbation of the good conduct and gallant bravery evinced by all :he officers and men uiidermy command. They marched up with as much determination, and deliberation as old veter-
• ans — not knowing but that the charge would be sounded every moment ior surrounding the lowt;. There was no noise or confusion, nothing but an eager anxiety upon tha countenance of every man to get at the work. \Vhen the hostages were received, the troops, with some slight
-'exceptions, m.arched back in profound silence, November 1st, 1 order- ed the whole forces amounting to twenty-five hundred men to parade at 9 o'clock A. M.,and to take up the line of march for Far West, at hall past 9 o'clock, to receive the prisoners and their arms,
Tiie troops marched out and formed in the prairie about 200 yards loulh east of the town. Gen. Wilson's Brigade formed the West line. Gen. Doniphan's the East line. Gen. Graham's and Gen. Parks' the south li'ne, with the Artillery Company and the Cannon in the centre of the two latter, leaving one side of the square open. The Mormon armv , 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 and delivered up to me his sword and pistols. I then directed a company fiom the respective Brigades, to j'orm a front, rear, right and left, plank guards, aud to march the pris- pners back to Far West, and protect and take charge of them until the
r .'f^ext morning, I then detailed a company from Gen. Doniphan's com-
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, arid through the principal streets, and back to head quarters. 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 Brigade, to take up their line of March for their respective head quar- ters, and dismiss their men — and directed Gen. Wilson to take charge of the prisoners (demanded for trial) and arms, and to march them to my Head Quarters at Independence, to await further orders, and to dismiss ail except a guard for the prisoners and arms. Nov. 2nd, I re- lieved the guard placed over the prisoners at Far West by 4 Companies of Gen. Parks' Brigade, and placed them under the command of Col. Thompson, 2 Brig. 3 Div. with instructions to report to Gen. Clark. The balance of Gen. Parks' Brigade with Capt. GiHiam's Company, of Gen. Doniphan's Bi igade under the command of Gen. Parks, 1 ordered to Adam-on-diahmon, a Mormon town in Daviess county, with instruc- tions to disarm the J^Iormon 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 and stipulation, into effect, I have required your Aid-de-Camp, Col. Williams, together with Col. Burch and Maj. A. Rees, of Ray, to attend to drawing up all the papers legally, and direct- ed Col. Thompson to wait on them with a portion of his command, and to cause all their orders and requirements, consistent with the stipula- tions 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 Maj. Gen. Clark would be on in a day or two, with sufficient force to operate in Daviess and Livingston, and for any service that may be required.
I have the honor to be Most respectfully, SAMUEL D. LUCAS, Major General, ^ Commanding,
General Clark lo the Govemoi:
Chabitok, Oct. 30, 1838. His Excelltnaj, 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 2nd Brigade will join me to day 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 J received, per Capt. Long, the''enclosed express from Gen. Atchison and Lucas, then at Richmond — it was met by Col, Williams, your aid, and opened, apd sent to me, supposing that the powers conferred on me were sufficient.
8^6
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 practi- cable. In the mean time I will endeavour to act out your orders in letter and spirit, however great the responsibility. I have this moment despatched to Gen. Atchison and Lucas, a copy of your two orders to me, witli instructions to act for the best until I can arrive. All the ad- ditional information that I nave from the scene of disturbances, is worse and worse.
1 h;ive the honor to be. Your obedient servant,
JOHN B. CLARK,
Maj. Gen. Commanding.
Gerif. Atchison Sf' Lucas to the Governor.
Head Quartbrs of the 3d and 4th Div. Mo. Mi. \ Richmond, October 28, 1838. y
To the Commander-in-Chiefs Mo, Mi.
Sir: — From late outrages committed by the Mormons, civil war is m- evitable. They have set the laws of the country at defiance, and 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 'FiXceliency be at the seat ol war, as soon as possible.
Your most ob't serv't,
DAVID R. ATCHISON, M. G. 3d Di?. SAM^L D. LUCAS, M.G. 4th Div.
Governor to General Clark.
Executive Department, City of Jeflerson, Nov. 1st, 1338. Maj. Gen. John B. Clark.
Sir: — Your communication, by express, of Oct. 30t!i, enclosing one Jrom Maj. Gen. Atchison and Lucas, ol the SBlhOct. has been received. It is impossible for me to leave here; the near approach of the meet- ing 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 ease 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 artil- lery, I would suggest that an application be made to the commanding officer of Fort Leavenworth, for such as you may need. You are au-
57
thorized to request the loan of it in the name of the State of Missouri- Aly presence then could eflect nothing. I therefore again repeat that }ou are authorized, and full power is given you to tai<e whatever steps you deem necessary and such as the circumstances of the case may seem to demand to subdue the insurgents and give peace and quiet to the country. The ringleadeis of this rebellion should be made an ex- ample of; and, if it shou'd become necessary for the public peace, the Mormons should be exteriiiinated or expelled from the State. Jn order that no difficulty may aiise in relation to the command, I must inform you that neither General Atchison or Lucas have been called into ser- vice under the late order (except Geo. Lucas was directed to raise four hundred men in his Division, and to place them under the command of a Brigadier Genera!.) Tiie privilege was offered him of commanding the troops (rom 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 any thing of importance which may occur. The near approach of winter requires that your operations should be hastened. After hav- ing restored quiet, you will cause the people of Daviess county, who Slave been driven from their homes, to be reinstated.
I am respectfully.
Your ob't serv'f, L. W. BOGGS, Commander-in-Chief.
General Wilson to General Clark.
He A.D Quarters, 2nd Brig. 1st Div. Mo. Mi. ) .\dam-on-diahmon, November r2th, 1838. J
Maj. Gen. Clare.
Sir: — In pursuance of your order of the 7th, at Far West, I took up the line of march with my command, and arrived here on the 8th. We suffered much from the inclemency of the weaiher, which still contin- ues. On my arrival here I found the troops had left. 1 met Col. Bur- ges some two miles from this place, lie being the last, I immediately placed a guard around the town, and ordered the Mormons to parade, which order was promptly obeyed, and about two hundred men entered their names. I then proceeded to the investigation, as you required by your order. Justice Black and other citizens being present, I caused such of the Mormons as were supposed to be guilty of crimes, ar- rested, and handed them over to the civil authorities for trial. It how- ever appears that the most guilty had escaped, they having ample op- portunity, as I am informed. The town had not been under guard up to the time of our arrival. The investigation is still progressing, but
with but little hope of effectiog much, as the ciiieeiis seem lo be uaab!a • to identify but few.
It is perfectly impossible for me to convey to you any thing like the ' awful state ol things which exist here — language is inadequate to the task. The citizens oi a whole county, first plundered, and then their houses and other buildings burnt to ashes, without houses, beds, furni- ture 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.
1 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, and would endeavor to protect then'; - during that time — at the end ot 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 that purpose, and would guaranty their safety on the route. The Mormons themselves appeared pleased with the idea of getting away from their enemies and a justly insulted people, and 1 believe all have applied and received permits to leave the county, and 1 suppose about fifty families have left, and others pre hourly leavuig, and at the ' end of ten days, Mormonism will not be known in Daviess county. This appeared to me to be the only course left to prevent a general massacre, and 1 hope my course in this matter may meet your appro- bation, as it has been your pleasure to commit to my eharg* a most im- portant 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 of my acts. Nothing has been left un- done on my part to justify that confidence. The citizens of Daviess have co-operated heartily with me, and to their praise be it said, have shown a degree of compassion and charity unparalleled, under the cir- cumstances, to their enemies, and have cheerfully obeyed every order I have found it proper to give in this matter, and I now confidently be- lieve 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 undT Capt. Newbold. This company will be retained until I close my business here. I expect, withoat otherwise ordered, to remain here until to morrow week, and then set out (or home. If, therefore, it is your pleasure to give me fur- ther 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, *hich has been brought in, and deposited by the Mormons, consisting •«f almost every thing to be fouad at a farm house, and much remainia^
rat Concealed. Large. quanlities have been found buried in and near town. I have been making all possible exertions to collect and pre- serve this properly for the owners, but I find it hard to do, as these dirty thieves are more skilful in the pilfering line, than any I have yet seen. The citizens infufm me that much of their property has been taken to Far West. I suggest that you order them to return it here at their own expense.
I write in a miserable shanty, called "The Lord's Storehouse," late at night, after having been well soaked in the rain during the day, and much fatigued. 1 may have omitted soiiie things, but when I am more comfortable. I will wiite you more fully.
1 have the honor to be,
With unfeigned good will,
Your obedient servant, R. WILSON. Brig. Gen. .' Commanding 2d Brig. Mo. Mi.
General Clark to the Governor i
Hkad Quarters, Richmond, Nov. 13, 1838.
r'
His EzctUency, Gov. Boggs.
Sir: — In my last communication, I in''ormed you of all the important incidents of the expedition, up to that time. On Tuesday last we com- menced the examination o'' the alleged crimes, being tieason, murder, burglary, arson and larceny, against Jo Smith and his co-leaders, and also forty-six otiiers, who occupy less 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 inquiry, as you may well imagine, takes a very extensive range, and involves many important legal principles, not often adverted to in our practice, and being, as I consider, too important to be made ont against the prisoners. I, at the suggestion of Mr. Burch, the Circuit Attor- ney, 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 provision would be made by which he would have paid to hina a leasonable fee.
This was not done because I doubted Mr. Burch's ability in the least, for he is a good lawyer, and enters into this matter with his whole en- «rgy,but there are so many points stirred, and so much labour to ar- range the iacts, so as to make them bear on the various defendants^ that I did not wonder he should ask as>sistance,and for the good of tlie State I spoke to Col. Wood as above stated, and he very willingly en- gaged with Mr. Burch. We progress slowly, but thus far the discki- •jures indicate certain convicUoa of treason against Smith, Wight^
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Pratt, Rigdon and some one or two more; and of murder agdinslsome five or six; burglary against sevfral; arson against a number; and lar- ceny against others. How it will all result, I cannot yetitell, but that the leaders will all be convicted of treason or murder, J think is reason- ably certain, and many others of felony. You shall be informed as we progress.
I received this evening a communication from General Wilson, who had been despatched to Daviess county, a copy of which 1 enclose you, from which you will discover, that things are becoming as well settled there as can be under the circumstances, though they 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 ac- tive leaders, they could ail have been captured. The protection Gen. Wilson alludes to my giving ihe Mormons in Caldwell, I explained to you in my last communication. I regret exceedingly toleain that any acts of yours should create any heart burnings, or collision with your Excellency and any general otTJicer,and particularly to such an extent as 1 understand existswilh 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 to-morrow for Fayette, where I will arrive on Sunday, leaving Lieut. Col. Price, a competent oflicer, here until my return. I will only re- main in Fayette until Tuesday or Wednesday next, when I shall re- turn here to remain until this whole prosecution is settled, or put in such a condition that a Military force is unnecessary. It is thouglit that the investigation will last for two or three weeks.
1 anti sir, your ob't. servant,
JOHN B. CLARK, Maj. Gen'l, Com'd.
The Governor to Gen. Willock.
Executive Department, Citt or Jefferson, Nov. 12, 1838.
To Maj. Gen. D. Willock, Commanding detachment at Huntsville.
Sir: — I have the honor to acknowledge the receipt of your commu- nication of the 10th inst. from Huntsville. From information received from Gen. Clark, who was placed in command of all the troops raised in pursuance of the late orders of the Executive, there will not be any necessity for your proceeding any further; you will theretore return with your troops and discharge ihem. The Quarter Master of the Detachment will purchase, and grant certificates to the persons ot whom he purchases, such provision as you may need. You will, how- .8ver, endeavor to make out with as small a quantity as possible.
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You will please present my thanks to the troops under youi com- jnand. for their promptness in murcliing to the call ol' their country.
Respectfully, »
L. VV. BOGGS, Commander-in-Chief.
' Governor to General Clark.
Executive Depahtment, City of Jefferson, Nov. l5, 1838. Maj. Gen, John B. Clark.
Sir: — I have the honor to acknowledge the receipt of your commu- nications of the 10th and 11th inst., by Mr. iMaupin, th^ express.
Upon an examination of the law, 1 find I have no power to appoint !t Commissary General, there being one already'in commission. The duties you speak of as havmg been perl'ormed hy A. W. Morrison, Esq., migiit have been performed by your Division Quarter Master. Your certifi '.ale of his appoinluient, however, to discharge ceiuain du- ties, as for instance, as acting Commissary for the detachment under your command, 1 presume would be altogether sufficient. You will oblige me by sending at your earliest convenience, a copy of my se- cond order to you. as forwarded by Mr. Rees. In the hurry of busi- ness, I neglected to retain a copy, and it is necessary to have one, as this whole ciattf-r will probably undergo an investigation by the Leg- islature. Your report will be expected at your earliest convenien' e. You will hasten your operations, and discharge all the troops as soon as the circumstances of the case will permit. I have the honor to be.
Very respectfully.
Your obedient servant,
L. W. BOGGS.
The Governor to Gen. Clark.
Executive Department, City of Jefferson, Nov. 19, 1838.
To Gen. John B. Clark.
<
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 mar- tial, 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 ol the county for that purpose. In the absence of the Attorney General,
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I am unable to furnish you with liis <jpinion on "he points requested. One thing, however, is certain, that so soon as an insurrection is quelled and peace restored, the military autiiority ceases; but the crime ot' treason, whether it can be tried out of the county where the act wa« committed, we have no precedent, only that of the case of Aaron Burr, who was charged with the commission of that oflence against the Uni- ted States, al Blannerhassett's Island, in the State of Virginia, and he was tried at Richmond, Va. ■ This, however, is a matter which the Ju- diciary will have to determine. T wish you distinctly to understand, that if you have accomplished the object of the expedition, which was to restore peace to the coinmunity, and to cause the oflenders to be brought to justice, that \ou will discharge all your forces, and report to me your proceedings in the manner heretofore requested. The offi- cers retained to serve on court martial, will also be dischf^rged. Should "ybuhave left Kichmond before ybu receive this communication, j'ou will forward by express to the officer you have left in command, orders to the foregoing etlect.
I should be happy to see you at this place, as you would perhaps be able to explain many things in relation to this perplexing subject, which I cannot at present understand.
I am, very respectfully.
Your obedient servant, LILBURN W. BOGGS, Commander-in-Chief.
D. Ashbi/''s statetnent of the Battle at ihc Mill.
Senate Chamber, Nov. 28, 1836-
Gen. J. B. Clauk.
Dear Siii: — In answer to your note of this morning requesting me to give J'OU such information as was in my knowledge re'ative to the battle fought on the 30th of October, at the Mills, on Shoal Creek, be- tween the citizens and Mormons, I will state that the company I be- longed to was stationed in the rear as a reserve, at a distance of about forty yards f'om the line of battle: as soon as the line of battle was formed, and before all the troops in the line had dismounted, the fire commenced, (by the Mormons as I was told by them in front.) The position I occupied prevented me I'rom seeing the commencement; as soon as the firing commenced the company I belonged to dismounted and run in the line in front. When I got sight of the position of the Mormons, they were all in the house, or under the bank of the creek, and the smoke of their guns from both places, appeared to me to be continual. Our men look a few fires at a crack in the house, when I heard the order to charge the house, which order was promply obeyed, — the men run to the house — as we approached it^ saw one man hare
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out (lis gun in front of ine, and I stepped to one side, and the man in front of me squatted down and pitched under the muzzle, lay still until the gun fired, he then lose and as the Mormon drew back his gun, our man shoved his gun in the house and fired. 15y this time our men got possession of all the port holes, cracks, &;c., and kept up such a con- stant fire, that the Mormons could not get their guns out to shoot. They then broke out of the house and ran towards the creek, butniarj\' fell in their fiight. About that time 1 heard the cry of quarters among; our own men. I recollect distinctly of hearing one of our men say, "•they called for quaitei's.'' 1 then hallooed "quarters," "quarters,'' as loud as I could, which was re-echoed by all around me. The firing then <:eased on our part, at which time a volley came from the creek. I then thought they had heard us calling for quarters, and thought we were whipped — the firing then renewed on our part and continued as long as there was a Mormon in sight, except the wounded. After the battle was near a close, I savv some of the Mormons that had reached the base of the hill, south of tiie creek, about three hundred yards from us, stop, turn round, and shot back at us, and the\i ran on. After the battle had subsided, I savi' some of our men carry our wounded man in- to a house, and laid him on a bed. The men , in counting'the dead, found one man in the house not hurt, who had fallen down in the early part of tlie action, and was covered with the slain. I saw him and talked with him t!ie moment he was taken prisoner. Those who counted said thirty-one was killed of the Mormons, and seven of our men was woun- ded. We then got a wagon and horses, and such of our wounded as was unable to ride, was put in the wagon and we left the place. The above is an outline of that affair, as my recollection serves rne.
I am, respectfullv.
DANIEL ASHBY.
Gen, Clark '.o Gan.". Lucan (^- Atchison.
Camp at Chariton, October 30, 1838,^ 10 o'clock, A. M. S
Jfrij. Gens. Lucas & Atchison.
Gentlkmen: —I am now here with nearly one tliousand men, under a force march to Richmond, in pursuance of an'order from the Com- mander-in-Chief, copies of which are herewith enclosed to you for the use only of your confidents. You will discover by them the powtir vested in me, and for this purpose 1 enclose them to you.
Capt. Long this moment arrived with an express irom you to the Governor, which had OQQn met and opened bv Col. VVillian;s, one oi tlie Governor's aids, and sent tome; Itiave forwarded it to the Gover- nor. You will both aet witii your respective commands fbi' the best.
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according to circumstances, until 1 arrive, when some plan of aciion will be settled upon. I( the Governor should not come, I will reach Richmond as soon as I can. Capt. Long returns witii this to you, and Mr. Fristoe goes on to the Governor. j
Respectlullv, vours,
JOHN B." CLARK, Maj. Gen. &c.
!r
Gen. Clark to Gens, Lucas ^-Atchison.
Camp neak Carrollton, midnight, Nov. 1,18315. Gens. Atchison & Lucas.
Gentlemen: — Undi^rstanding two days since, while at Chariton or, my marcii, that you were at Richmond, and was on!y holding the Mor- mons in check, until further orders, which you sought from the Com- mander-in-Chief, and having before then received orders from the Com- mander-in-Cliief whh plenanj powers to settle this whole dilficulty and call to my aid such force as 1 might deem necessnry,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 officially) that some of the JMormons have already surrendered lo you; there- fore, under my orders, and in pursuance of the power assigned me, 1 send you respectively the follow ing orders, viz: You are to remain at some secure position in the vicinity of Far West, protecting the cit zens and their property from the aggressions of the Mormons until 1 arrive with my force, wliich will be to-morrow nighr, amounting totvvo thousand men, but you are not to make any attack or operate offensive- ly until I arrive, when the plan of adjustment suggested by the Com- mander-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 foi-aging or otherwise. If you have any prisoners, you will make no terms with them by which they are to be discharged until my arrival, but preserve thi-m from injury as prisoners. The Govei^ nor, I have learned this evening, is on his way up, and will join us per- haps to-morrow.
1 will be able reach P^ar West in three more days. If Gen. Willock has arrived at the place he was ordered, you will direct him, and also Gen. Doniphan, to remain there until my arrival, for further orders, ob- serving their original orders, to pi-event l!ie retreat of the Mormons to the north.
The express leaves immediately, and I cannot be more specific. You will both report to me immediately your head quarters, strength and po- sition, and such other matters as tend to furlher the service in which we are engaged. My express, Messrs, Scott, Turner and Engart, you
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will furnish with Ruch necessaries as they may need, and much oblige me.. 1 have the honor to be,
Your obedient servant,
JOHN B. CLARK, Maj. Gen. Isi Div. Mo, Mi.
General Clark to General Lucas.
LIead Quarters of the forces against the Mormonai,^ Richmond, November 3, 1638. \.
Gen. Samuel D. Lucas, Maj. Gen. 4th Div. Mo. Mi.
Sir: — I liave heretofore directed you to report to me of your move- lueats in your operations against the Mormons, but you have not done so. or even sent nie a line, except a pencil scrawl, accidentally found in lie bar-room of the tavern at Richmond. I know nothing officially of what has been done, and shall therefore move on to Far West. You are ordered to have all the prisoners and arms taken fi-om the Mor- mons, to be brought forthwith to this place, and the prisoners put in the Richmond jail and guarded, and the arms put in some secure place and guarded also, and you are also ordered to discharge your forces, ex- cept a suflicicnt guard for the arms and prisoners as above. You will then repair in person to my camp between here and Daviess county, with your suit, and also communicate to me a complete report in de- tail of what you have done m this expedition. Tliese orders I maks under orders to me from the Governor.
I have the honor to be,
.Your ob't serv't, JOHN B. CLARK, Com'd. Gen.
General Clark to General Parks.
HsAri Quarters of ail the forces against the Mormons. Far West, November 4. 1838.
Miij. Gen. Parks
Sue:- — I received your communication of this day per express, and can only say, you did right in obeying the orders of Gen. Lucas, al- though they were without authority so far as he was concerned. You have, 1 suppose, taken the whole of the men of the Mormons prison- ers; if not, you will do so, and place such a guard around them and the town as will protect the prisoners and secure them until they can
86
he dealt with properly;- also the property must be protected from plunder and waste as far as practicable. In relation to the proper- ty of the citizens, you will give notice that as soon as I get things settled here, 1 will repair to that place with a sutficient force to place the citizens back on their homes, and that then all their property that can be found will be delivered up to them, and also the best means adopted to have them paid for the damages they have sustained, til! which time (my arrival) all their property, as well as ihe Pdormons, must be held in custod}'. Tiiis is done in order that justice may be done in its distribution. All the citizens who have moved can now move back with perfect safety, as my forces will not be discharged un- til they, who choose to, have moved. If you think sixty men or one company enough, without doubt, to leave at that place to secure the prisoners and allbrd protection, &c., you are at liberty to do as you liave suggested, but you must select a company in whom you can con- fide to execute your orders, and charge them :o be strict that no outra- ges are committed. The prisoners must be protected. If you move your forces here, all but one company, you had better do so immediately. I will wait here until you have tinie to come, before I make any fur- ther order about Adam-on-diahmon.
lam, sir, your obedient servant,
JOHN B. CLARK, Maj. Gen. &c.
General Clark to General Wilson.
[GENERAL ORDER.]
Head Quarters, Far West, Nov. 7, 1855.
Brig. Gen. Robert Wilson will take up the line of march with his Brigade on this morning, (or Adamon-diahmon, 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, alter having them recognized by the proper authority. He will then endeavor to restore the citizens of Daviess to iheir homes. Alter 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 order of the Governor to me, in which are transferred all things for that particular service; you will therefore do all things which you may deem necessary under said order.
JOHN B. CLARK, Maj. Gen. Com'd.
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C-erlificate of Mormons as lo the conduct of Gen, Clark and his troops.
Richmond, November 23, 1838.
UnderstanJing that Maj. Gen. Clark is about to return with the whole of his comiuand from the scene of difficulty, we avail ourselves of this occasion to state that we were present when the Mormons sur- rendered to Maj. Gen. Lucas at Far VVest, and remained there until Msj. Gen. Claik arrived; and we are huppy to have an opportunity as well as the s.ilisCaciion ol stating that the course of iiim 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, i)y 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 hesitalio;i in saying that the course taken by Gen Clark with the Mormons was necessary for the public peace, and that the Mor- mons are generally satisfied with his course, and feel in duty bound to say that the conduct of the General, his staff officers and troops, was highly honoralbe as soldiers and citizens, so far as our knowledge ex- tends; and we have heard of nothing derogatory to the dignity of the tState in the treatment of the prisoners.
, Respectfully, &c.
W.'W. PHELPS.
GEO. WALTER,
JOHN CLEMINSON.
G. M. H INKLE.
JOHN CORRILL.
General Wilson to General Clark. Gen. Clars.
Sir: — In pursuance of your order, dated at Far West, Nov. 7, I marched with the troops under my command for Adam-on-diahmon. in the county of Daviess, where I arrived on the 8ih. Immediately after my arrival, 1 had called together'all the Mormons then residing in Daviess county, and distinctly informed them o( the nature of the order of the Cammander-in-Chief, and that you had transferred tfie 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 theii option, should be per- mitted 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 ap- plication and received the permit above alluded to, and in the course of ten days all ttie Mormons residing at that point, with a few exceptions,
,88
had removed in peace and safety. I would here ^ive it as my opinion, that, owing to the hostility these people had produced against them- selves by their excesses and depredations upon the property and lives of the citizens, they would not have been permitted to remain here in safety, and of this the Mormons seeivjed to be well satisfied. I found the greater portion of these people to be late emigrants to this place from Canada and the Northern part of the U. States, encamped mostly in tents, unprovided with provisions for the winter. I was told, upon in- quiry, that the prisoners had not been guarded since their surrender, and that such as knew they could be identified by the citizens had mostly absconded. Such of the Mormons as could be identihed were placed on trial before a justice of the peace. The Mormons have done immense injury to the citizens of U^is cpunty, first by robbing them of all their moveable property, and then burning their houses. A part of this property was found at Adam-on-diahmon, but the greater portion is still missing. The people of Daviess cr)unty, during my stay among them, conducted themselves towards the Mormons with great propriety and even generosity. I am fully satisfied for my- self that no people having any claims to honesty would permit subh a band of robbers, as these Mormons have proved themselves to be, to reside among them. It is useless for me hereto recapitulate the evi- dence upon which this opinion is founded, as you must be fully in pos- session of tlie same, from the inquiry now going forward at Rich- mond.
I have great pleasure in being able to certify to you of the good con- duct of the troops under my command; both officers and privates dis- charged their duty to my entire satistaction. and without a murmur. So far as I am informed, no Mormon was injured in person or property, by any peison under my command.
Findmg the civil autiiorilies of Daviess county in a situation to dis- charge all t!ie duties required of them by Taw, I reterred to their decision ail matters in dispute in relation to property between citizens and Mormons under the belief thai an exercise of military authority, un- der the circumslanqes, would have been improper. The extent of the injury sustained by the citizens could not be fully ascertained, but as far as my observation and infoimation extended the whole county is laid waste, and I fear many will sutler during the winter. It is impossible to witness these scenes of distress, without ieeling the deepest mdigna- tion against the leaders of these people, wiio under the sacred name ot religion have caused their followers to commit the most horrid ctimes ever perpetrated in any country, and that too, as they allege, tor the advancement of the Kingdom of Christ.
The troops under my command have all returned home, and i am this far on the route, subject to your further orders. \ I have the honor to be,
Withgretit respect.
Your obedient servant, ROBERT WILSON, Brig. Gen. '2d Brig. Isi Div. Mo. M-
■ m
Report uf Gen. Clark.
City OF JKFrERSON, Nov. 29, 13S8.
The. Governor of the State of Missoui-i.
Sik: — The whole of tiie forces placed under my command, lor the purpose specified in your orders of the 26tli and 27th of last month, (copies ot which are" here attached, marked A and B.) being discharg- ed, I now, in pursuance of your orders, proceed to report to you my movements; as well as to submit to you such facts as 1 have been able to embody, showing the comiuencenYent, prcigress and termination oi this perplexing ditiiculty. One or two days before I received your or- ders, above referred to, I hao, upon information received from Messrs. Rees, Wilhams, Dickson, and Woods, in writing (copies of which are here attached, marked C,) issued ordets to have ra!sed in my division 1,000 mounted men, to be ready to march on Monday the 29th oi last month, all of which I immediately communicated to you by express. The express, however, conveymg my communication, met one Irorn your Excellency, conveying to me your orders, and returned. On the 29lh, according to my order, the first Brigade rendezvouzed at Fayette, prepared to march and did on that evening take up the line ol march and reach Chariton. O'l the next morning, the 30ih, I received an ex- press from Gens. Atchison fc 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, andlhat they would hold the enemy in check, until you could arrive. Supposing from previous information that the forces under the command of Gefas. Atchison and Lucas would only be employed as stated, I wrote to them, telling them to act loi ihe best, according to circumstances, until my arrival, in Vvhich letter I enclosed copies ol vour two orders to me, (this letter is here attached, marked D.) On this evening we reached Keyiesyille, when we met the second Brigade, commanded by Brig. Gen. Wilson, who had been ordered to join me at this place. Here I organized the division. giving Col. J. W^. Redman the command of the first Brigade, in the absence of the Brig. Gen. The next dav we took up the line ot march for Richmond, making forced marches. ' On the day w^e reached Oarrollton, Nov. 2., I heard that Gen. Lucas had invested Far West, and affected a capitulation, the term^ of which was that the Mormons we|e, 1st, to give up their leaders to be tried and punished. 2nd, All whb 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 Ihe State by the Militia. 40\ To give up all their arms. These propositions seem to have been proposed in writing by Gen. Lucasi and accepted to by the Mormons, as 1 afterwards learned.' I here sent another express to Gen. Lucas, ordering him to hold to the prisoners, and make no ihial treaty until! arrived; when 1 would communicate to him my views,
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&R. (A copy of this order is herewith attache(i, marked E.) Tiiis order, however, did not reach Gen.[>ucas, as 1 an; informed, until after be had left Far West witii the prisoners. The next day I readied Ciooken River* Learning here thatGeh. Lucas had disbanded his forces, and marched the prisoners to Inriependence, 1 immediately sent an express 10 intercept him, with orders for him to march the prisoners and arms back to Ricimiond, (a copy of which order is here attached, marked F.) I continued my march to Far West, where the troops arrived on .Sun- day, the 4th of tiiis montli. Hearing at Richmond that some of the guard, left by Glmi. Lucas at FarWest, were killing prisoners and corn- rnitling other excesses, I left my troops and went in advance, riding all night, in order to check such things, but when I reached there, on ex- amination,! found the guard had been misrepresented greatly, and in- justice done them in this matter, as well as Gen. Lucas' troops in many respects. When the troops reached Far West they were en- camped in the vicinity of town, a guard placed around the army, to keep the men froni going in on that evening. I went into town with all the field officers, and instituted a Military Court of Inquiry, to as- certain who were the most, guilty and ought to be put on their trial in the Civil Courts. The business employed my time for two days and nights. I v.'ill here remark, but for the capture of Sampson Avard, a leading Mormon (b) Coi. Hall from the Platte, who is a tine officer,) 1 <lo not believe I could have obtained any useful facts. No one dis- t^losed any useful matter until he wr.s captured and brought in. I in- structed every one who did disclose or give testimony, that they were not bound to criminate themselves, and that no steps would be taken to compel them. We progressed with this investigation until all iiad <lisclosed, who would willingly. I then caused the whole of the Mor- fnons to be paraded, and selected such as I thought ought to oe put on their trial before a committing Magistrate, and put them in a room un- til the next moining, when I took up the ime of march for Richmond, with the whole lorces and prisoners, 46 in number. I, however, the day before I left Far West, despatched Lieut. Col. Price with ti\ o compa- nies from the 2nd Brigade to Richmond, to receive the prisoners and arms Gen. Lucas had been ordered to have there. On his arrival, not binding them there, he went to Independence, and informed the Gen. of the nature of his mission. They were then started and arrived ttie next day. The arms, liowever, I did not succeed in getting lielore my departure from Richmond, but suppose they could not be crossed for the ice. On the day I left Far West, I directed Brig. Gen. Robert Wilson, with his Brigrde, except the two companies Coi. Price h.td at Adam-on-diahmon, a town in Daviess county, to settle matters in that •juarter. He had furnished him a copy of your several orders to me. Gen. Wilson is u good officer, and also Lawyer, and I thought there- fore particularly fitted lor that commaVid. The manner in which he discharged his duty, will be seen by his final report to me, with my or- der to him, (a copy of which is here attached, marked G.) The Gen. and his troops sutlered very much by the inclemency of the weather,
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but they acted kindly and humanely to the prisoners, and deserve great credit. While at Far West, Brig. Gen. Parks reported to me his acts at 'Diahmon, underlhe orderof Gen.I,ucas,and Isent to him an order, to keep the prisoners guiided until my arrival, charging him not to permit the property or person of the prisoners to be injured in any way, (a copy ol which order is attached, marked il.) Gen. Parks ful- filled my orders to my satisfaction. While in Far West, I was applied to by a considerable number, who informed me tiiat ihey were out ol provisions in town, but had plenty on their farms. Not wishing to le- lease any until I had closed the inquiry, I caused provisions to be dealt out to such as were destitute until they were discharged. There was at Far West about 600 ftlormons, (several hundred having ruh off with their arms before my arrival,) and at Adam-on-diahman about 160 or 200, making in all about 1.200 armed inen, when all together, as well as 1 can ascertain. There is now collected in the hands of my Quarter Master, and I presume Gen. Lucas's, about 700 guns, a great many pis- tols, swords, and spears, but I have not now in my possession any means to ascertain ihe exact number, but they have been receipted for. and will be reported in due time by the proper officer. Belore I !ett Far West, J had the \Iormons called together and addressed them, in sub- stance, that they had capitulated with Gan. L.uca?, and made their own agreement, and ihey would be expected to comply, and must comply, deeming it necessary for the public peace, but that they would not be «xpected to go until their convenience in the spring. That no ^Iilitary guard would go with them — that none was necessary, as I would pledge the honor of "the Stale they should not be hurt: that their arms should be given up to them. I did not see what else I could do under the cir- cumstances, without setting at naught what liad been done by Gen. Lu- cas, which 1 thougiit would iiave produced another difficulty with these people, of perhaps more danger than the one that was then settled. This being done, I marched to Richmond with-the prisoners, and appli- ed to the Hon. A. A. King to try them. He commenced the examina- tion immediately after the del'endanls obtained counsel. Before their trial commenced, they were informed what was alleged against them. I spoke to Col. Wood to assist the Circuit Attorney in tlie prosecution, in the reasons given in my last communication. The inquiry, as you n^ay well imagine, took a wide range, embracing the crimes ot Treason, Murder, Burglary, Robberv, Arson, and Larceny. Gens. Wiiite, Gr^l, and Willock were directed to discharge their troops, as soon as I learn- ed of the surrender, and that they were on their march: also the troops from the 5th Div. under the command of Gen. Woodward, except the Hoonville guards, commanded by Gapt. Chiles, and the company of Cavah-y commanded by Capt. Parsons — both of those companies were kept to guard the prisoners — the guards to bring them to llichmond, and the Cavalry to guard them after they got there. The whole of the troops are now out of service, and were discharged a<t early as possible, according to your orders. Brig. Gen. Wilson, who was sent to Daviess county, to settle mailers in that quarter, madie a
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report of his acts and opinions of the commencement of the difficuhy, which is dated the 25th, and it is so replete with information that' I iiave appended it to this report as iieretofore stated. I can bear testi- mony to the good conduct of my whole immediate command, both of- ficers and men. They all conducted themselves on the march, and while with the Mormons, asiionorable citizen soldiers; and I state to you, sir, that none of my Division at any time, nor any of the forces alter I arrived at Far West, committed any violence, either upon ths property or persons of the Mormons, of either sex; any statement or insinuation to the contrary is false and a slander upon my command and our citizens. I am led to make this statement to your Excellency onaccount of strictures Ihaveseen in some of the public Journals of the country, about the troops generally, and consequently embracing my command, 1 canuot vouch for the troops before my arrival, but I do af- terwards, and in justice to the officers commanding before I will statp, that 1 believe that great mjustice has been done them also. I have the testimony of the most intelligent Mormons as to the subject, (which 1 attach, marked L.) It is humiliating to the Militia, who are citizens generalK' of a high tu'der, to see the public Journals of the country publishing every report tliat is put out, without knowing whether it be true oV false, for the purpose of casting reproach upon our arms and country. I make this statement lo rescue my command from sucli un- merited censure, which' I know to be false as far as they are concern- ed, and leave -nher general officers, having the command before my arrival, to act as they please in the premises. I have not been able to satisfy myself as well as I would desire of the causes of this ditTiculty, but enough is sliovvn by the evidence I here attach, (marked J.) to ena- ble the country to appreciate your prompt movement in ordering out the Militia to put down an insurrection of no ordinary charactei'. It had for its object Dominion, the ultimate subjugation of this State and the Union to the laws of a few men called the Presidency. Thier (;hurcn was lo he built up at any rate, peaceably if they could, forcibly il necessary. These people had banded themselves together in Socie- ties, the object of \vhich was to first drive from their Society such as refused to join them in their unholy purposes, and then to plunder the surrounding country, and ultimately to subject the Slate to their rule. They have committed great injury to the country by burning, robbing, &:c. TJiese things, however, their leaders say, was done to punish the "•itizens of our Slate, for past violence to them. How this is, you can determine from the evidence herewith sent. In their incursions they have robbed, murdered, stole and burnt, and committed many inhuman acts on helpless families. I have no doubt but what vvc have many-' citizens who have very much mistreated these people, but never to such an extent as to create the idea in a rational mind, wh<i loved his country, that the Government ought lo be subverted and the laws put at defiance. The whole number of the Mormons killed tlirough the whole difficulty, as far as lean ascertain, are about 40, and several vvoundcd. There has been one citizen killed, and, about lb badly
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•VYOuncled. ! give il as my decidod opiniori thrit much more blood wouid have be(^n shed than was, it there had beea only t/oops enough ordeied out by your Excellency to conquer the insurgents in a battle, than by having a larger number. Thi.s influence awed them into submission to the first troops thai appeared before their town. This I am authorized to say by intelligent Mormons. Much h;ls been said to the prejudice of those engaged in the battle fif Ilann's Mills; not having received before niy departure from Richmond, an official acconnt of that battle tVonr the officer commanding, since my arrival here, I addressed a note to Maj. Ashby, a Senator from Chariton, who was there, for int'ormation. His answer is here appended, and (marked K.) to which I refer you. t would inform your Excellency thai I have been informed by the .Mor- mons, that theie are now about lOO females, the wives of those who were killed and run oil", whoaie destitute and depend on their friends for support. I do not kuow how many of the prisoners will be con>- mitted, not having lieard the evidence in defencel When I left Rich- mond, I obtained copies of ail the evidence lliat had been given in, that 1 could procure, and c;igaged a, geiuleman to copy the balance on both sides, and forwai'd il to meat this place by each n-.ail. The evidence I have is not certified, but 1 heard it delivered, and know it is substan- tially copied. That part of S. Avard's evidence, giving a list of those persons engaged in crime, is by accident omitted. As fas: as the bal- ance arrives it shall be transmitted. Every facility was afforded the prisoners in getting their witnesses, &c. that could be, and as far as I could observe tlie invcstig':tion was conducted upon legal grounds. They have all counsel, who are vigilant in their defence. No pay rolls have yet been made to me, but they will be very so(>n, when I will for- ward them in due form. There is some public property which my Quarter Master was ordered to report to the Quarter i\laster General. Having now submitted to vour Excellency ilie course taken bv me under your several orders, in every material step, as well as such in- formation as I possess, permit me to assure your Excellency that 1 entered on my duties with fearful apprehensions that my experience and ability to command had been overrated by you, and it would have given me pleasure if such an important trust, involving so much, iiad been committed to other more competent hands. But in the discharge of my duty I have endeavored to comply with your orders as I under- stood and construed them, making the restoration and preservation of tiie public peace the great object to be attained all — which I respectful/y .subniit to your Excellency, hoping that my acts may be satisfactory to you, and yours to the country,
1 am, sir, with consideration of high respect,
Your obedi>.'nt servant. JOHN B. CLARK, ' Maj. Gen. Commanding.
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M. Arthur, Esq. to the llcprescnlatives from Clay County.
LiBEriTi-, Nov. 29, 1838.
Respected Friknds: — Humanity to an injured people prompts me- at present to address you thus. You were aware of the treatment (to some extent before vou left liome.) leceived by that unfortun;Ue race of beings called tlie Mormons, from Daviess, in the form of liutnan be- ings inhabiting Daviess, Livingston, and a part of Ray county; not beinc; satisfied witli the relinquishments of all their rights as citizens and human beings, in the treaty forced upon them by General J^ucas, by giving up their arms, and throwing tiiemseives upon ihemercy of the State, and their fellow-citizens generally, hoping thereby protection of their lives and property, are now receiving treatment from those de- mons, that makes humanity shudder, and the cold chills run over any man, not entirely destitute of any feeling of humanity- Tiiosedemons ure now constantly strolling up and down Caidweli county, in small companies armed, insulting the women in any and every way, and plun- dering the poor devils of all the means oi' subsistence (scanty as it was) left them, and driving oft' their horses, cattle, hogs, fcc, and rilling their houses and farms of every thing therein, taldng beds, bedding, ward- robe and all such things as they see they want, leaving the poor Mor- mons in a starving and naked condition.
These are facts I have from authoiity that cannot be questioned, and can be maintained and substantiated at any time. There is now a pe- tition alioat in our town, signed by the citizens of all parties and grades, which will be sent you in a few days, praying the Legislature to make some speeds' enactment applicable to their case — they are entirely willinsj to leave our State, so soon as this inclement season is over, and a number have already lei't and are leaving daily, scattering iliemselve;; to the four winds of the earth.
Now, sirs, 1 do not want by any means to dictate to you the course to be pursued, but one fact I will merely suggest. I this day was con- versing with Mr. George M. Pryer, who is just from Far West, rela- ting the outrages there committed daily. I suggested to him the pro- - priely of the l^egishiture's placing a guard to patrol on tlie lines of Ca'd- well county, say of about tvventyfive men, and give tliem, say, about- one dollar or one and a half per day. each man, and find their provisions, &c., until, say, the first day of June next. Those rnen ren- dering that protection necessary to the Mormons, and allov^ing them to follow, and bring to justice any individual who has heretofore, or will hereafter be guilty of plunderinix or any violation of the laws.
I would suggest that George M. Pryer be appointed captain of said guard, and that he will be allowed to raise his own men — he is willing thus to act. He is a man of correct habits, and will do justice to ail sides, and render due satisfaction.
Should this course not be approved of, I would recommend the res- toration of their arms, for their own protection. One or the other of
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these suggestions is cerlainly due the Mormons from the State. She has now their leaders^risoners to the humher of fifty or sixty, and I upprehend no clanger from the reniainder in anv way, until iliey will leave the Slate. ' M. AllTHUR.
Hon. A. A. King to the Governor.
. Richmond, Dec. 23, 1838.
Dear Sir: — 1 have recently seen Col. I'lic.e, who made known to iiic the object of his mission to this part of the Slate. In reference to the lawless depredations said to be practised on the Mormons, I have no doubt that the charges are, to a certrin extent, true, and I have as lit- tle doubl that the perpetrators of thfia can be eitectuully brought to justice by the civil authorities. If, instead of writing those inflamniu- lory Setters to members of the Legislature, these same men would com* before me, and give such information as the lavi' requires against these lawless chaiacters, I should bring them to an immediate account, and I am satisfied there is vu'lue ei^.uugh in this community to aid and sustain me in so laudable an undertaking. I have heard frequent com- plaints, and have uniformly invited them to institute a legal investiga- tion, but no person has thought proper to do so.
In most of the cases of outrage against the property of the I\ior- rnons, it has been by persons who pretend, and perhaps truly, that the Mormons owe them, or by persons who say that the Mormons, in their late outrages upon ihein, have destroyed their property, and they take this means to indemnify themselves. This certainly is an unlawful, and highly objectionable course. But 1 think it is very ungracious in Mr. Arthur to charge it upon the citizens of the surrounding counties ex- empting his own county of Clay. If rumor be true, he himself has been extensively engaged in collecting his Moimon debts, in properl}" chiefly, and at prices less than half what would be asked or given in ordinary cases. This with me is only rumor, but there are men whu say so, who are e4ually respectable with Mr. Arthur. As it regard.n the military fine recommended by him,] should look upon it as a direct imputation upon the power and efficacy of the civil authorities to maintain the law in ordinary cases, and would, in eetiect, be reversing thtit salutary constitutional principle which renders the military subor- dinate to the civil authority.
1 1 cannot but express a regret that the time, in my opinion, is not ve- ry distant when we shall have the same scence to go through with the •Mormons that we hava lately witnessed. If the Mormons would dis- perse, and not gather into exclusive communities ot their own, I think, with the exception of a few of their leaders, the people might be re- conciled to them, but this they utterly lelusetodo. They tell me that H would amount to an abandonment of their creed and relicion, for they
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believe, you know, in the gathering together of the Sam ts, and that thev shall come out from the world. Suggest th" rmtter to them ss I tiave done, for the sake of their peace and s.ifety, and they will give you many scriptural reasons why they should not do so.
The Mormons appear lately to have taken new courage, and to be determined not to move. Tlie citizens are equally determined they shall; for nothing but expulsion or the Other alternative will satisfy this community, thai is^if the Mormons hold out under their former princi- ples and practices. ThJs^ I know, is strong doctrine for some of the members, and such as I have nQ.t encouraged, occupying the station I do, either by act or expression, yet I can easily find men in this communi- ty, noted for their good mora! character and correct deportment, who are determined the Mornions shall not reside among them. The alter- native is presented, the expulsion of the Mormons, or the virtual relin- quishment of their 9vvn homes.
There I'lave been, from parts of this State, as weil as from other States, highly respectable gentlemen, v;ho came among us, with all iheir sympathies and prejudices enlisted in favor of the Mornions', but after travelling through the country, hearing and seeing what they did. titev undeigo an entire change of opinion, euch as has frequently as- tonished me.
I have wri-tien to you, in conformit)- with the request m.ade by you through Col. Price, in reference to the necessity of a military force to sustain and uphold the laws.
I am, very respectfully, AUSIIN A. KliMG.
ExiicuTivE DxPAiirsusNT, CiTT OF JEFFEasoN, Feb. 18, 1839.
The Governor to Col. Wiley C. Williams.
To Col. Wiley O. Williams, aid to the Commander-in-Chief.
Sir: — You- will lake measures, a? soon as practicable, to cause the aims, surrendered by the Mornions, to be delivered to the proper own- ers, upon their producing satisfactory evidence of their claims. If in any case, yon think an improper use would be made of them, you can letaia such, using a sound discretion in the matter. You will call upon Capi. Pollard or any' other person who may have arms in possession. and take charge of them, and this will be your authority for so doisw. 1 am re.speclfuUv.'vour obedient servant,
LILBURN W. BOGGS.
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EVIDENCE
Given before the Hon. Austin A. King, Judge of the fifth judicial circuit in the State of Missouri, at the cout t-house in Richmoud, in a criminal court of inquii y begun Nov. 12, \S5B,on the trial of Joseph Smith, jr., and others, for high treason, arid other crimes against the Utate.
Stale vs. Joseph Smith, jr., Hiram Smith, Sidney Rigdon, Parley P. Pratt, Lyman Wight, Amasa Lyman, George W. Robinson, Caleb Baldwin, Alanson Ripley, Washington Voorhees, Sidney Turnur, John Buchanan, Jacob Gates, Chandler Haldbrook, George W. Har- ris, Jesse D. Hunter, Andrew Whitlock, Martin C. Aired, William Aired, George Grant, Darwin Chase, Elijah Newman, Alvin G. Tip- petts, Zedekiah Owens, Isaac Morley, Thomas Beck, Moses Clawson, John J. Turnur, Daniel Shearer, Daniel S. Thomas, Alexander Mc- Kay, Elisha Edwards, John S. Higbey, Ebenezer Page, Benjamin Covey, Ebenezer Robinson, Lyman Gibbs, James M. Henderson, David Pettigrew, Edward Partridge, Francis Higbey, David Framp- ton, George Kimble, Joseph W. Younger, Henry Zabriski, Allen J. Stout, Sheffield Daniels, Silas. Manard, Anthony Head, Benjamin Jones, Daniel Cam, John T. Earl, and Norman Shearer; who were charged with the several crimes of high treason against the State, sfiurder, burglary, arson, robbery, and larceny.
Sampson Avard, a witness produced, sworn, and examined on be- half of the Slate, deposeth and saitli: That about four months ago, a band, called ihe Daughters of Zion, (since called the Danite band,) was formed of ihe members of the Mormon church, the original object of which was to drive from Ihe county of Caldwell all those who dissent- ed irom the Mormon church; in which they succeeded admirably and to the satisfaction of those concerned. 1 consider Joseph Smith, jr., as the prime mover and organizer of this Danite band. The officers of the band, according to their grades, were brought before him, at a school house, together with Hiram Smiih and Sidney Rigdon: the three composing the first presidency ol the whole church. Joseph Smith, jr., blessed them, and prophesied over them: declaring thai they should be the means, in the hands of God, of bringing forth the millenial kingdom. It was stated by Joseph Smith, jr., that it was necessary this band should be bound together by a covenant, that those who re- vealed the secrets of the society should be put to death. The cove- nant taken by all the Danite band was as follows, to wit: They decla- red, holding up their right hands, " In the name of Jesus Christ, the Son of God, 1 do solemnly obligate myself ever to conceal, and never to reveal, the secret purposes of this society called the Daughters of Zion. Should 1 ever do the same, 1 hold my life as the forfeiture.'" The prophet, Joseph Smith, jr., together with his two counsellors, (Hi- ipm Smith and Sidney Rigdon,) were considered as the supreme head of ths church; and the Danite band fell themselves as much bound to
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obey them, as to obey tlie Supreme God. Instructioa was given by Joseph Smith, jr., that if any of them should get into a difficulty, the rest should iielp him out; and that they should suind by eacli other, rifht or wrong. This instruction was given at a Danile meeting in a public address. As for Joseph Smitii, jr., and his two counsellors, the witness does not know that they ever took the Daniteoath. He knows that all the rest are Danites, except Sidney Turner, Andrew Whitlockj Zedekiah Owens, Thomas Ricii, John J. Turner, Daniel S, Thomasi Uavid Pettigrew, George Kimble, Anthony Head, Benjamin Jones, am. Norman Shearer.
At the election last August, a report came to Far West that some of the brethren in Daviess county were killed. I called for twenty volun* teers to accompany me to Daviess to see into this matter. I went ; ant| about one hundred and twenty Mormons accompanied me to Adam-on* diahmon — Mr. Joseph Smith, jr., in company. When I arrived there ^ found the report exagerated. None were liilled. We visited Mr, Adam Black — about ISO or 200 men of us armed. Joseph Smith wa:i commander; and if Black had not signed the paper he did, it was the common understanding and belief that he would have shared the fate of the dissenters. Sidney Rigdon and Lyman Wight were at Adam when we went to Black's, and advised tlie. movement.
As regards the aflair at De Witt, I know little personsily ; but I heard Mr. S, Rigdon say they had gone down to De VVitt, where i: was said a mob had collected to wage war upon the Mormons residing in Car- roll county; and that Joseph Smith, jr., with his friends, went down tc De Witt to give aid and help to iiis brethren. The company, as 1 pre- :iume, were armed. They returned armed. Hiram Smith and Georgij W. Robinson were in the company. Amasa Lyman went to see whaj was going on. I heard these persons say tiiey were in Hinkle's camp (at De Witt) several days. When the Mormons returned from D-j Witt, it was rumored that a mob was collecting in Daviess county. Joseph Smith, jr., the Sunday bfifore the late disturbances in Daviess, at a church meeting, gave notice that he wished tlie wliole county col- lected on the next day (Monday) at Far West. He declared (on Sun- day or Monday — I don't recollect which) that all who did not take up arms in defence of the Mormons of Daviess should be considered as tories, and should take their exit from the county.
At the meeting on Monday, when persons met from all parts of the county of Caldwell, Joseph Smith, jr., took tlie pulpit, and delivered an address, in which he said that we had been an injured people, driven violently from Jackson county; that we had appealed to the Governor, magistrates, judges, and even to the President of the United States, and there had been no redress for us; and that now a mob was about to destroy the rights of our brethren of Daviess county, and that it was high time that we should take measures lo defend our own rights. In the address, hfe related an anecdote about a captain who applied to a Dutchman to purchase potatoes, who refused to sell. The captain then charged his company several' difTerent times, not to touch the
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Dutchman's potatoes. In the morninr;; the Dutchman had not a potatoe left in his whole patch. This was in reference to touching no proper- ty in our expedition ,to D:\viess county that did not belong to us, but he told us that the children ot God did not go to war at their own expense. A vote was taken whether the brethren should embody and go down to Daviess to attack the mob. This question was put by the prophet, Joseph Smith, jr., and passed unanimously, with a few exceptions. Captains Fatten and Brunson were appointed commanders of the Mormons, by Joseph Smith, jr., to go to Daviess. He frequent- ly called these men generals. I once had a command as an officer, but Joseph Smith, jr., removed me from it, and I asked .him the reason, and he assigned that he Iwd another office for me. Afterwards Mr. Rig- don told me I was to till the office of surgeon, to attend to the sick and wounded. After we arrived at 'Diahrnon, in Daviess, a council was held at night, composed of Joseph Smith, jr, George W. Robinson, Hiram Smith, C:i plains Patten and Brunson, Lyman Wight, Preston R. Gaboon, P. P. Pratt, and myself, and perhaps Mr. Hinkle. President iiigdon was not present. He remained at Far ^Vest; a correspond- ence was kept np between him and Joseph Smith, jr. I heard l\lr. Rig- don read one of the letters from Smith, which, as I remember, was about as follows: That he knew from prop'hecy and from the revela- tion of Jesus Christ, that the enemies of ihe kingdom vi'ere in their hands; and that they (the Mormon church) should succeed. Rigdon,on reading the letter, said it gave him great consolation to have such au- ihoBty that the kingdom of God was rolling on. In the above referred to council, Mr. Smith spoke of the grievances we had suffered in Jack- son, Clay, Kirtlnnd, and other places; declaring that we must in future, stand up for our rights as citizens of the United states, and as saints of the most high God; and ihat it was the will of God we should do so; that we should be tree and independent, and that as the State of Mis- souri and the United States, would not protect us, it was high time we should be up, as tlie saints of the most high God, and protect ourselves, and take the kingdom. Lyman Wight observed, that, before the winter was over, he thought we would be in St. Louis, and take it. Smith charged them that they should be united in, supporting each other. Smith said, on some occasions, that one should chase a thousand, and two put ten thousand to flight; that he considered the United Slates rol,ten. He compaied the Mormon church to the little stone spoken of bv the Prophet Daniel; and the dissenters first, and the State next, was pan ol the image that should be destroyed by this little stone. The council was called on to vote the measures of Smith; which they did unanimously. On the next day Captain Patten (who was called by the prophet Captain Fearnaught) took command o\' about one hun- dred aruuui men. and told them that he had a job for them to do, and lint the work of the Lord was rolling on, and they inust be united. He then led the troops to Gallatin, saying he was going to attack the mob there. He made a rush into Gallatin, dispersing the few men there, and took the goods out of Slolling's store, and carried them to
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'Diabmon, and I afterwards saw tlie storehouse on fire. When we re- returned to 'Diahmon, the goods were deposited in the Lord's store- house, under the care of Bishop Vincent Knight. Orders were stirct- ly given that all the goods should be deposited in ihe Lord's storehouse. No individuals were to appropriate any thing to themselves until a gen- eral distribution should be made. Joseph Smith, jr., was at Adam-on- diahmon, giving directions about things in general connected with the war. When Patten returned from Gallatin to Adam-nodiahmon, the goods were divided or apportioned out among those engaged; and these affairs were conducted under the superintendence of the first presidency. A part of the goods were brought to Far West. On their arrival, under the care of Capt. Fearnaught, President Higdonand otheis shouted three hosannahs to the victors. On the day Patten went to Gallatin, Colonel Wight went to Millport, as I understood. I saw a great many cattle, furniture, &c.,broughtintoourcanipby the Mormons. After we returned to Far West, the troops were constantly kept in motion, and there was a council held at the house of President Rigdon to determine who should be chiefs. It was determined that ColoneJ Wight should be commander-in-chief at Adam-on-diahmon; Brunson, captain of the flying-horse of Daviess: Colonel Hinkle shojld be com- mander-in-chief of the Far West troops; Captain Patten, captain of the flying-horse, or cavalry; and that the prophet. Joseph Smith, jr., should be commander-in-chief of the whole kingdom. The council was composed of Joseph Smith, jr.. Captain Fearnaught, alias Patten. Colonel Hinkle, Colonel Wight, and President Rigdon. The object oi the council was in furtherance of the scheme proposed in council in Da- viess, referred to above. After the council, Fearnaught disputed as to the chief command of the FarWest troops, and hsd a smart altercation about it with Hinkle, but Smith proposed that they agree to disagree, and go on for the good of the kingdom. The troops were kept togeth- er until the militia came out lately. There were from 500 to 800 nnen, as 1 should suppose, under arms. It was about the time the militia came out lately to Far West, under General Lucas, that our prophet assembled the troops together at Far West, into a hollow square, and addressed them, and stated to them that the kingdom of God should be set up, and should never fall; and for every one we lacked in number of those w ho came against us. the Lord would send angels, who would fight for us; and that we should be victorious. Af- ter the militia had been near Far West awhile, in an address. Smith said that those troops were militia, and that we were militia too. and both sides clever fellows; and he advised them to know nothing of what had happened; to say nothing; and to keep dark: that he. Smith, had forgotten more than he had ever known. After it was ascertained that the militia had arrived, intelligence was immediately sent to 'Diahmon, to Colonel Wight. Next morning Colonel Wight arrived in FarWest with about one hundred mounted and armed men. The troops were GOHstantly kept prepared, and in a situation to repel attack. The eve- ning the militia arrived near Far West, it was the general understanii-
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ing in the Mormon camp that they were militia legall3' called out; and indeed, previousi to their arrival, it was ascertained there were militia on their way to Far West. Some moaths ago I received orders to destroy the paper concerning the Danite Society; which order was ri'. sued by the first presidency, and which paper, being the coastitutinr for the government of the I3anite Society, was in my custccivj bu.' which I did not destroy. It is now in General Clark's possession, i gave the paper up to General Clark after I was taken prisoner. I found it in my purse", where I had previously deposited it, and believe it never had been in any person's possession after I first received it. This paper was taken into President Rigdon's house, and read to the propbet and his councilors, and was unanimously adopted by them as their rule and guide in future. After it was thus adopted, I was in- structed by the council to destroy it. as, if it should be discovered, it would be consi.iered treasonable. This constitution, after it was ap- proved by the first presidency, was read, article by article, to the Danite band, and unanimously adopted by them. This paper was drawn up about the time the Danite band was formed. Since the drawing up of the paper against the dissenters, it was that this constitution of the Danite band was draughted; but I have no minutes of the time, as we were directed not to keep written minutes; which constitution, above referred to, is as follows:
'•Whereas, in all bodies laws are necessary for the permanency, safety, and well-being of society, we, the members of the Society of the Daughters of Zion, do agree to regulate ourselves under such laws as, in righteousness, shall be deemed necessary for the preservation of our holy religion,and of our most sacred rights and of the rights of our wives and chddren. But, to be explicit on the subject, it is especially our object to support and defend the rights conferred on us by our ven- erable sires, who purchased them with the pledges of their lives, their fortunes, and their sacred honors. And now, to prove ourselves wor- thy of the liberty conlerred on us by them, in the providence of God, we do agree to be governed by suchlawsas shall perpetuate these high privileges, of which we know ourselves to be the rightful possessors, and of which privileges wicked and designing men have tried to deprive us, by all manner of evil, and that purely in consequence of the tena- city we have manifested in the discharge of our duty towards our God. who had given us those rights and privileges, and a right, in common with others, to dwell on this land. But we, not having the privileges of others allowed unto us, have determined, like unto our fathers, to resist tyranny, whether it be in kings or in the people. It is alf alike unto us. Our rights we must have, and our rights we shall have, in the name of Israel's God.
"Art. 1st. All power belongs originally and legitimately to the peo- ple, and they have a right tp dispose of it as they shall deem fit; but, as It is inconvenient and impossible to convene the people in all cases. the legislative powers have been given by them, from time to lime, mto the hands of a representation coraposed of delegates from the peo-
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pie themselves. This is and has been the law, both in civil and reli- gious bodies, and is the true principle.
"Art, 2d. The executive power shall be vested in the president ol' the whole church and his counciiors.
"Art. 3d. The legislative powers shall reside in the president and his councilors together, and with the generals and colonels of the society. By them all laws shall be made regulating the society.
"Art. 4th. All offices shall be during life and good behaviour, or to be regulated by the law of God.
Art. 5th. The society reserves the power of electing its own offi- cers, with the exception of the aids and clerks which the officers may need in their various stations. The nomination to go from the presi- dency to his second, and from the second to the third in rank, and so down through all the various grades. Each branch or department re- tains the power of electing its own particular officers.
"Art. 6th. Punishments shall be admistered to the guilty in accor- dance to the oHence; and no member shall be punished without law, or by any others than those appointed by law foi that purpose. The Le- gislature shall have power to make laws regulating punishments, as, in their judgments, shall be wisdom and righteousness.
"Art. 7th. There shall be a secretary, whose business it shall be to keep all the legislative records of the society, also to keep a reg- ister of the names of every member of the society; also the rank of the officers. He shall also communicate the laws to the generals, as directed by laws made for the regulation of such business by the Legis- lature.
"Art. 8th. All officers shall be subject to the commands of the Cap- tain General, given through the Secretary of War: and so all officers shall be subjects to their superiors in rank, according to laws made for that purpose."
In connection with the grand scheme of the prophet, his preachers and apostles were instructed to preach to and instruct their folJowers, (who are estimated in Europe and America at about 40,000)that it was their duty to come up to the State called Far West, and to possess the kingdom; that it was tlie will of God they should do s'o; and that the Lord would give them power to possess ihe kingdom. There was an- other writing drawn up in June last, which had tor its object to get rid of the dissenters, and which had the desired effect^ (this is the paper drawn up against the dissenters, referred to by the witness.) Since that time, and since the introduction of the scheme of the prophel, made known in the above constitution, I have heard the prophet say that' it was a fortunate thing that we got rid of the dissenters, as they would have endangered the rolling on of the kingdom of God as intro- duced, and to be carried into effect, by the Danite band; that thev, the dissenters, were great obstacles in their way; and that, unless they were removed, the aforesaid kindom could not roll on. This pa- per against the dissenters was draughted by Sidney Rigdon, and is as follow! :
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Far West, June, 1838.
"3'o Oliver Cowdrey^ David Wliitmer,John Whiimer, Wiliam W. Phelps and Lyman E, Johnson — Greeting:
"Whereas, the citizens of Caldwell county have borne with the abuse received from you at difl'erent times, and on difi'erent occasions, until It is no longer to be endured; neitlier will tliey endure it any longer, having exhausted all the patience they have, and conceive that to bear any longer is a vice instead of a virtue. We have borne long, and suffered mcredibl y ; but we will neither bear nor suffer any longer; and the decree has gone forth from our hearts, and sliall not return to us Toid. Neither ihuik, gentlemen, that, in so saying, we are trifling with either you or ourselves; for we are not. There are no threats from you — no fear of losing our lives by you, or by any thing you can say or do, will restrain us; for out of the county you shall go, and no pow- er shall save you. And you shall have three days alter you receive this communication to you, including twenty-lour hours in each day, for you to depart with your lamiles peaceably; which you may do undis- turbed by any person; but in that time, if you do not depart, we will use the means in our power to cause you to depart; for go you shall. We will have no more promises to reform, as you have already done, and in every instance violated your promise, and regarded not the cov- enant which you had made, but put both it and us at defiance. We have solemnly warned you, and that m the most determined manner, that if you did not cease that course of wanton abuse of the citizens of this county, that vengeance would overtal;e you sooner or later, and that when it did come it would be as furious as the mountain torrent, and as terrible as the beating tempest; but you have affected to des- pise our warnini;S,and pass them otl' with a sneer, or a grin, or a threat, and pursued your former couise; and vengeance sleepeth not, neither does it slum her; and unless you heed us this time, and attend to our re- quest, it will overtake you at an hour when you do not expect, and at a day when \ ou do not look for it; and for you there shall be no es- cape; for there is but one decree for you, which is depart, depart, era more fatal calamity shall befall you.
"After Oliver Cowdrey had been taken by a State warrant for steal- ing, and the stolen properly found in the house of Widiam W. Phelps; in which nefarious transaction John Whitmer had also participated. Oliver Cowdrey stole the propeity, conve\ ed it to John Whitmer, and John Whitmer to William W. Phelps; and then the officers of law found it. While in the hands of an officer, and under an arrest for this vile transaction, and, if possible, to hide your shame from the world like criminals, (which, indeed, you were,) you appealed to our beloved brethren. Presidents Joseph Smith, jr., and Sidney Rigdon, men whose characters you had endeavored to destroy by every artifice you could invent, not even the basest lying excepted; and did yoU find ihem re- vengeful? No; but notwithstanding all your scandalous attacks, still-,
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such was the nobleness of their character, that erenrile enemies could not appeal to them in vain. They enlisted, as you well know, to save you from your just fate; and they, by their influence , delivered you out of the hands of the officer. While you were pleading with them, you promised reformation; you bound yourselves by the most solemn piom- ises that you would-never be employed again in abusing any of the citizens of Caldwell; and by such condescensions did you attempt to escape the workhouse. Bulnow for the sequel. Did you practise the promised reformation? You know you did not; but, by secret efforts, continued to praclice your iniquity, and secretly to injure their charac- ter, notwithstanding tiieir kindness to you. Are such things to be borne? You yourselves would answer that they are insufferable, if you were to answer according to the feelings of your own hearts. As we design this paper to be published to the world, we will give an epitome af your scandalous conduct and treachery for the last two vears. We wish to remind you that Oliver Cowdrey and David Whitmer were among the principal of those who were the means of gathering us to this place by their testimony which they gave concerning the plates of the Book of Mormon; that they were shown to them by an angel; which testimony we believe now, as much as before you had so scan- dalously disgraced it. You commenced your wickedness by heading a party to disturb the worship of the saints in the first day of the week, and made the house of the Lord, in Kirtland, to be a scene of abuse and slander, to destroy the reputation of those whom the church had ap- pointed to be their teachers, and for no other cause only that you were not the persons.
"The saints in Kirtland having elected Oliver Cowdrey to a justice of the peace, he used the power of that office to take their most sacred rights from them, and that contrary to law.
"He supported a parcel of blacklegs, and in disturbing the worship of the saints; and when the men whom the church had chosen to pre- side over their meetings endeavored to put the house to order, he help- ed (and by the authority of his justice's office too) these wretches t© continue their confusion; and threatened the church with a prosecu- tion for trying to put them out of the house; and issued writs against the saints for endeavoring to sustain their rights; and bound them- selves under heavy bonds to appear before his honor; and required bonds which were both inhuman and unlawful; and one of these was ^he venerable father, who had been appointed by the church to preside — a man of upwards of seventy years of age, and notorious for his peaceable habits. Oliver Cowdrey, David Whitmer and Lyman E. Johnson, united with a gang of counterfeiters, thieves, liars and black- legs of the deepest dye, to deceive, cheat and defraud the saints out of their property, by every art and stratagem which wickedness could in- vent; using the influence of the vilest persecutions to bring vexatious lawsuits, villainous prosecutions, and even stealing not excepted. In the midst of this career, for fear the saints would seek redress at their hands, they breathed cut threatenings of mobs, and actually made at-
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tempts with their gang to bring mobs upon them. Oliver C^wdrey and his gang (such of them as belonged to the church) were called to an account b_v tiie chuich lor their iniquity. They confessed repentance and were again restored to the church; but the very first opportunitT they were again practising their former course. While this wickedness was going on in Kirtland, Cowdrey and his company were writing let- ters to Far West, in order to destroy the character of every person that they thought was standing in their way; and John Whitmer and William W.Phelps were assisting to prepare the way to throw confu- sion among the saints of Far West. During the full career of Oliver Cowdrey and David Whitmer's bogus money business, it got abroad in- to the world that they weie engaged in it, and several gentleinen were preparing to commence a prosecution agamst Cowdrey; he finding it out, took with him Lyinan E. Johnson, and fled to Far West w ilh their families; Cowdrey stealing property and brmging it with him, which has been, within a few weeks past, obtained by the owner, by means of a search-warranl; and he was saved from the penitentiary by the in- fluence of two influential men of the place. He also brought notes with him, upon which he had received pay, and made an attempt to se'! them to Mr. Arthur of Clay county. And Lyman E. Johnson, on his ariival, reported that he had a note of one thpusand dollars against a principal man of this church, when it was a palpable falsehood, and he had no such thing; and he did it for the purpose of injuring his charac- ter. Shortly after Cowdrey and Johnson leit Kirtland for Far West, they were followed bv David Whitmer; on whose arrival a general system of slander and abuse was commenced by you all, for the pur- pose of destroying the characters of certain individuals, whose influ- ence and s'.rict regard for righteousness you dreaded; and not only yourselves, but your wives and children, led by yourselves, were busi- ly engaged in it. Neither were you contented with slandering and vil- ifying here, but you kept up continual correspondence with your gang •f marauders in Kirtland, encouragmg them to go on with their iniqui- ty; which they did to perfection, by swearing falsely to injure the char- acters and properly of innocent men, stealing, cheating, lying, institu- ting vexatious lawsuits, selling bogus money, and also stones and sand for bogus; in which nefarious business Oliver Cowdrey, David Whli- nier and Lyman E. Johnson were engaged while yeu were there. Since your arrival here, you have commenced a general system of that same kind of conduct in this place. You set up a nasty, dirty, pettifogger's office, pretending to be judges of the law, when it is a notorious fact that you are profoundly ignorant of it, and of every other thiflsg which IS calculated to do mankind good; or, if you know it, you take good care never to practise it. And in order to bring yourselves into notice, you began to interfere with all thebusinessof the place, trying lo destroy the eharacter of our merchants, and bringing their creditors upon them, and break them up. In addition to this, you stirred up men of weak minds to prosecute one another, for the vile purpose of getting a fee for pettifogging from one of them. You have also been threatening con-
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tinually to enter into a general system of prosecuting, determined, as you^aid, to pick a flaw in liie tiiies of those who have bought city lots and built upon them — mt that you do any thing bui cause vexatious lawsuits. — And, amongst the most monstrous of all your abominations, we have evidence (which, when called upon, we can produce,) thatlel- lerssent to the post office in this place have been opened, read, and des- troyed, and the persons to whom they were sent never obtaintd them; thus ruining the business of the place. We liave evidence of a very strong character tliat you are at this very time enganjed with a gang of counterfeiters, coiners, and blacklegs, as some of those characters have lately visited our city from Kirtland, and told what they had come for; and we know, assuredly, that if we suffer you to continue, we may ex- pect, and that speedily, to find a general system of steaUng,' counter- feiting, cheating, and burning property, as in Kirtland — for so are your associates carrying on there at this time; and that, encouraged by you. by means of letters you send continually to iheni; and, to crown the whole, you have had the audaciiy to threaten us that, if we offered to disturb you, you would get up a mob from Clay and Kay counties. For the insult, if nothing else, and your threatening to shoot us if we offered to molest you, v>e will put you from the county of Caldwell: so help us God." The above was signed by some 83 M.^rmiuis:
Sampson Avard,
John W. Clark, Miles Andrews,
Ralph Cox, Cyrus Daniels,
Jotham Maynard, D. B. Huntingdon,
Geo. VV. Robinson, Squire Bogarth,
Timothy iJ. Font, Euenezer Robinson,
George W. Voorhees, George W.Pitkin, iiarrison H. Hills, Philo Dibble, Benj. Bunson,
Jrace, Solooion Daniels, S. D. Hunter, Newell Knight, Samuel Bent, Ezekiel Billington, Silas Maynard, Rui'us Allen, Jos. Clark, jr. Joseph Rose, Levi W. Hancock, Hiram Clark, Isaac Higbev.
Sylvester Hewlele, Daniel Carter, Andrew iMoore, Alex. McRay, Dvvight Hadding, Eiisha Averett, John Crush, Elijah Averett, Allred Lee, Jos. Corlay, Lewis Alien, John S. Higbe*-, Henry Greene,
Seymatu- Brunson, Gad Yale,
H. Johison, Ethan Barrow, Wm. C. Gallaher, Harloe Redfield, Edward Leaky, JNathan Tanner, SydneygTurnur, Nelson Maynard,
James S. Allen, Geo. P. Dukes, John Smiih, Richard Howard, Joseph Holbrook, Jacob Gates, Hiram Smith, Philo Allen.
Daniel Carn, Daniel Shearer, Amasa Lyman, Wm. Strongham, Erastes Bingham, James B. Prie, Israel Burlow, John Fawcett, Owen Rockwell, Norvil M. Head, Lorenzo Baines, Wm. Hewitt, Stephen Winchester, Jared Carter, Chandler Haldbrook, James Hendrix, John Lomev, Charles C. I'iich,
Anthony Head,
Joseph Coolridge,
Jackson S.nith,
Werner Carter,
James Brashear.
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About the lime the dissenters fled. President Rigdon preached a ser- mon Irom the text, "Ye are the salt of the earth; but if the salt hath lost its savor, wherewith shall it be salted? It is thenceforth good fo: nothing, but to be cast out, and be trodden under foot of men" — com- monly called the salt sermon; in which the dissenters were called the salt that had lost its savor, and that thev should be trampled upon and driven out by the saints; which was well understood by the Uanites to be a part of their duty to do.
When General Lucas's men marched up to Far West. Smith told me, as I understood him, that lie had said to one of liie militia captamsnot to come any tarther, as he might get into danger. Smith, after erect- ing his bulwarks, 5^lhe night alter General Lucas arrived.) asked me if 1 did not think him pretty much of a general; and I answered m the aflirmative. We were advised, all the time, to fight, valiantly, and that the angels of the Lord would appear in our defence and fight our battles.
In reference to Bogart's battle, I know but little, personally, as to the start of the troops to fight Bogart. I was called upon to go along with the company (which was commanded by Patten) as surgeon. This was about midnight; but as 1 thought a little sleep would do me more good than fighting, I remained at home. In the morning of the tight, about 6 o'clock, I was called Upon by a Mr. Einmett, who inform- ed me that Captain Fearnaught was wounded mortally. I went to Patten, about three miles Irom the battle-ground, where I found Jos.' Smith, jr., present, laying hands on the wounds, and blessing them to heal them. A Mr. O'Bannion was also mortally' wounded. I heari) the following of the prisoners say he was present in the fight, to wit: Norman Shearer —
[The gap in the testimony is not supplied from the evidence on file.]
I never heard Hiram Smith make any inflam.matory remarks; but I have looked upon him as one composinn; the first presidency; acting in concert with Joseph Smith, jr.; approving, by his presence, acts, and conversations, the unlawful schemes of the presidency.
I never saw Edward Partridge and Isaac Morley, two of the defeo- dants, take any active part in the above measure testified to by me; and 1 have heard Joseph Smith, jr., say he considered Partridges cow- ard, and backward, and ought to be forced out * * * * or com- pany. _ ^ ,_
I was continually in the society of the presidency, receiving mstruc- tions from them as to the teachings of the Danite band; and I continu- ally informed them of my teacliings; and they were well apprised ot my coursaand teachings in the Danite society.
The folfewing of the defendants were in the last expedition to Da- viess county: Joseph Smith, jr., Hiram Smith, P. P. Pratt, Lyman Wight, George W. Robinson, Alanson Ripley, Washington Voorhees, Jacob Gates, George Grant, Darwin Chase, Moses Clawson, Alexander
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McRay, John S. Higbey, Ebenezer Pdge, James M. Henderson, Ed- ward Partridge, Fiancis Higbey, Joseph VV. Younger, Henry Zabriski, (doubtful,) James H. Rawlings, M^iurice Piieips, James Newbury, (doubtful.) And further this deponent saith not.
SAMPSON AVARD.
Nehetniah Odle, sen., a witness, produced, sworn, and examined for the State, deposelh-and saith: That he was in the battle between Capt. Bogart and the Mormons, on the 25th of October last, and says Parley P. Pratt was in the battle, commanding part of the Mormon forces', ©n that occasion — the officer who gave the command to the Mormons, alter some kind o( religious ceremony, to about this amount: "In the name of Lazarus, God, and the Lamb, fire, Danites;" and, alter firing twice, they charged; but which party fired first. I don't recollect. And further this deponent saith not. NEHEMIAH ODLE.
Captain Samuel Bogart, a witness, produced, sworn, and examined for the State, deposeth and saith: That, on the evening of the 24th October last, while ranging under the orders of General Atchison, as is below inserted, I met with several Mormons, and read it to them, sap- posing they would inform the Mormons of Caldwell of the character of my company. We had been informed, on that evening, by citizens of Ray, that we were in danger of being attacked by the xMormons that night; whereupon I fell back to an encampment on Crooked River, in Ray county. On the next morning, near day break, my picket guard gave information that they were coming; and, in a few moments,! saw the Mormon forces forming, and a few guns were fired out of the brush by the Mormons. When the fight commenced, the left wing of the Mormons was within about thirty steps of my right, and in number were about ISO or 200, as I supposed. And further this deoonent saith not. SAMUEL BOGART.
The order under which Captain Bogart was ranging the north part of Ray county, whea attacked by the Mormons, was produced, and read in court as evidence, and is as follows:
o
Head Qu/rters, 3d Division Missouri AIilitia, ) Liberty, October 23, 1838. 5
Sir: Your communication by express has been received. You ar# feereby ordered to range the line betv/een Caldwell and Ray counties, with your company of volunteers, and prevent, if possible, any inva- sion of Ray county by any persons in arms whatever. You will also take care to mquire into the state of things in Daviess county, and make report thereof to me, from time to time. I will endeavor to be with you in a lew days, &c. DAVID R. ATCHISON,
Maj- Gen. 3d Div. Mo. Mi.
Captain S. Bocart.
109U ^
Wyatt Cravens, a witness, produced, sworn, and examined for th« Staie, deposeih and s;iiih: He was one in Captain Boeart's company, and was present in the^fighl with the Moriiions on the 25;h Octoberiast. about daybreak, in Hay county. Parley P. Pratt and Captain Pattea appeared in command of the company that made an attack upon us. We were lying in camp when we heard them coming. We got up, and prepared lor battle. Tiie Mormons came within about sixty yards of us, and iormed the line ol battle. They approached in a body, num- bering, as near as I could guess, about 150, armed with guns, swords, and pistols, to within about forty yards of us, when the firing com- menced by both parties, about the same time: I can't say which side fired first. ] was taken prisoner by the Mormons. I saw Joseph Smith, jr.. come up to the Mormons at a iiouse in Log Creek timber, a few miles from the battle-ground. The wounded were taken out of the wagon there, and we started on towards Far West. J. .Smith, jr.. passed on by me to the head of the company, where Pratt and Wight were riding. After getting into the prairie, Wight halted the comp.n- ny. He, Pratt, and lour others, rode ofTa piece, and conferred togeth- er, and then returiaed to the company, and called out some captain, and ordered him to call out ten of his braves. Seven men came out. and I was placed under their guard, and told by Wight that they would escort me otf', and let me go about my business. We started back, and, after getting near a field, the captain of the guard and one of tiien., lode oli'ahead, sayin^f they saw some one. Shortly after, the captain retutned alone. He declured that I should be guarded no farther, and pointed out the path f should take; which led around the fence. I then thought the man who had not returned had been placed round the fence to kill me; but I was determined to do the best 1 could to make my es- cape. In passing on, I discovered my direction would lead me to where I thought the man was placed, and I took oft' to the right, ^nd immediately 1 was ordeied to stop by some person, whom I recognised to be the man of the guard who left with the captrin of the guard, and did not return. I fled, and turned my head ti^ look, and saw the man with his gun in a shooting position; and shortly after, while running, 1 was shot by him; and I njade my way to Ray county. Parley P. Pratt was in the battle. Moses Rowland, one oi Captain Bogart's men, and several of the Mormons, was killed in that battle. Five of Bogarl's company, including myself, were wounded. And further this depo- nent sailh not.
WYATT CRAVENS.
Maurice Phelps, a ■witness, produced, sworn and examined for ii»c State, deposeih and saith: That Parley P. Pratt was in the battle with Bogart. "Darw in Chase was one of the expedition, but not in the bat- tle. Lyman Gibbs was in the batt'e; thinks Benjamin Jones was ia the battle. Korman Shearer was, also, and wounded. 1 was called »ipon, \>y Charles C. Rich, to go down to Crooked River, to help relieye some Mormon prisocere, who, it was taid, had been taken by a mob.
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I first refusGd to go; but, beins; threateaed wiih fcfrce, I cousented to gfo. We proceeded to McDaniel's field, in R;iy county, where we were commanded to hitch our horses; and we proceedad down to where Captain Bogart was encamped — myself in the extreme rear. The fight was brought on, but I was not in it. On our return from the battle-ground, near Log Creek timber, in Cald^vell county, we met Jo- seph Smith, jr., Lyman Wight and others, who went to the wounded and pronounced b'.essings on them, and prayed for them to be healed and saved. When we started from McDaniePs field fence, the only command given, that I heard, was, Boys, follow me! given by the com- mander. I have been in two Danite meetings. The first, I did not make any exception to; and, in the second, ihe following Exceptionable doctrine was inculcated: "that we should take spoil, or plunder, in some cases;" but'it was objected to, and I have never attended a Dan- ite meeting since. The day before the Mormons went to Adam-on- diahmon, J. SmitK> jr., in an addiess, told an anecdote of a Dutchman, who had been applied to by a captain to purchase potatoes, &c. Ri'^r- don, in speaking of the dissenters, who were unwilling to fight mobs, said Ih^t they ought to be pitched upon t'leir iiorses with pitchforks and bayonets, and forced into the front of the battle, and their property confiscated to the use of the army. The anecdote spoken of above, about the Dutchman, was told by Smith, after Rigdoa's address, and without any application of it by him. And further this deponent saith not.
MAURICE PHELPS.
./o/rrt Cor? i// a witness produced, sworn and examined in behalf of the State, deposeth and saith: That about last June 1 was invited to a private meetmg, in which an eflorl was made to adopt some plan to get i id of the dissenters. There were ^ome things I did not like, and oppo- sed it with others, and failed. After that, 1 met President Rigdon, and he told me I ought not to have any thing to do with it; that tliey would do as they pleased. I took his advice. I learned afterwards that they had secret meetings; but I was never invited. None of the first presi- dency was present at the meeting above referred to. We have a rule in the church, authorizing any member to consecrate or give volunta- rily his surplus property to the church, for charitable purposes. Presi- -dent Rigdon last summer preached a sermon, commonly called the Salt sermon, which seemed to have for its object to produce a feeling among the people toget'ridof thedissenters,forcrimesalleged,andbecause they disagreed with them. In a few days there seemed considerable excite- ment among the people, and the dissenters left, as I advised them they were in danger. I was afterwards invited to one of tlieso meetings, where an oath, in substence the same as testified to by Dr. Avard, was- administered. The society was ultimately organized into companies, and captains of tens and fifties were appointed, I tookexceptions only to the leaf hsngs as to the duties of that society, wherein it was saia,if one brother got into any kind of a difficulty, it was the duty of the reat.
in
to help him out, right or wrong. At the second, or at least the last meeting I attended, the presidency, (to-wit: Josepli Smith, jr., Hiram Smith and Sidney Rigdon.) and also George W. ilobinson, was there. There was at this meeting a cereinony of int.roduciiig the officers ot the society to the presidency, who pronounced blessings on each ol them, as introduced, exhorting to taiihinlness in their calling,.and they should have blessings. Atier this, President Smith got up and mado general remarks, about, in substance, as I'ollovvs: relating the oppiiessf ions the society had suTered, and ihoy wanted to be prepared (or iurf ther events; but said he wished to iJo nothing unlawful, and, if the people would let him alone, they would preacli the gospel and live in peace. Towards the close, lie observed, to the people that they should obey the presidency, and, if the presidency led them astray, they might destioy ihem. In the last, or in some public meeting, Joseph Smith, jr., said: if the people would let us alone, we would preach the gospel to lh?m in peace; but, if they came on us to molest us, we would establish our religion by the sword; and that he would become to this generation a second Mahomet.
About April last, 1 heard Joseph Smuh, jr. and President Rigdon (who appeared to be vexed, on account of troubles and lawsuits they had had) say, that they would suffer vexatious lawsuits no longer, and tiiat they would resist even an ofiicer in the discharge of his duty. Smith said he had been before courts some twentv odd times; they had never found any thing against him, and that made him of age; and he would submit to it no longer. 1 heard S.Rigdon's fourth of July speech. I heard him say he would not sutler people to come into their streets and abuse them, nor would they sulier vexatious law suits. In sub- stance, he further remarked, that "neither will we permit anv man or »et of men to institute vexatious law-suits against us, to cheat us out of our just rights; if they do, wo be unto them."
This Mormon church ha"; been represented as being the little stone spoken of by Daniel, which should roll on and crush all opposition to it, and ultimately should be established as a temporal as well as a spirit- ual kingdom. These things were to be carried on through the instru- iTventality of the Danitc band, ns far as force was necessary; if neces- sary, they being organized into bands of tens, fifties. &:c. ready for war. The teaching* of that society led them to prohibit the talkings of any persons against the presidency; so much so, that it was daiv- gerous for any man to set up opposition to any thing that might be set «n foot, and I became afraid to speak my own mmd. I objected to "the course of Dr. Avard, in reference to the Danite band. I rather thouglit Joseph Smith, jr. upheld him, and would not allow any objec- tions to him. After the return of the Mormons iVom De Witt, I heard Joseph Smith, jr., in the presence of Hiram Smith, in a conversation, say that an application had been made to the Governor, and that they understood that he would give them no assistance, and they were de- termined to withstand the mob. They were greaily incensed against eerlaiu persons in Caldwell and Daviess; and sEiid they intended to rid
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the counties of tham and of the mob, in the course of that week. This was on Sunday morning, and in the course of that day instructions -were given to meet the next day, (Monday.) On Monday, Joseph Smith, jr. made a speech; and some resolutions were passed, purpor- ting that those persons who would not engage in their undertaking, their property should be consecrated [confiscated] to the use of those who did engage in their undertaking. On Sunday, Joseph Smith, jr., in his discourse, spoke ol persons taking, at some limes, what, at oth- er times, it would be wrong to take; and gave as an example the case of David eating the sbewbread, and also of the Saviour and his Apos- tles plucking the ears of corn and eating, as they passed through the cornfield. He supposed the prejudices of the Jews and Pharisees were so great against the Saviour, that they would give them nothing to eat, and they look that method to get it. On the Monday when the resolutions above referred to were introduced, President Kigdon, in a speech, said that those who were unwilling to go into the war ought to be put upon their horses with guns and bayonets, and forced into the front of the war — having reference to those who heretofore had been backward in defending themselves and families. No persons were suf- fered to leave the county in this extreme time, and 1 met with Phelps to consult as to vi hat we ought to do.
After the troops got to 'Diahmon, in all about four or five hundced men, I heard Lyman Wight addressing a poriion of the men, who were there, (perhaps eight or ten:) "that the earth was the Lord's, and the fullness ihereol, with ihe cattle upon a thousand hills; aud if I was am hungry, I would not tell you;" tliat the Saints of the Lord had the same privilege oi rights. Aiier that, or perhaps the next day, 1 saw a drove of some lour or five cattle pass along, and askfed what cattle these were; and was answered that the)' were a drove of buffalo; oth- ers observed, they were cattle a Methodist priest had consecrated. Joseph Smith, jr., Hiram Smith, Parley P. Pratt, Lyman Wight, George W. Robinson, Caleb Baldwin, Alanson Ripley, George W. Harris, George Gi;mt, Darwin (Jhase. Alexander McRayi Edward Partridge, Joseph VV. Younger, and probably James W. Rawlins, were in the expedition thai went to Daviess county, at the time Gallatin was burnt. On the same day that the company went to Gallatin, Lyman Wight went with a company to Millport, as I understood. He return- ed, and made a vepoit(as J understood it lobe) to Joseph Smith, jr., in which he said he lound uiithing to fight but fences and empty liouses. I undeistood him to say iho pev.pie had not taken away all their prop- erty. Smith, the prophet, liere asked him it they had taken the negroes. He said, yea. Some une then laughingly observed, Smith, you have lost your negio; to which, 1 think, he made no reply.
Joseph Smith, jr. asked Wight if he had done any thing with the property remaining in Millport? Wight said not; they would ieave that matter lor a pri\ate council.
Lyman Gibbs toW me he went down with the expedition that fought Bogart, and he remained behind three quarters of a milf from the battle-
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ground, holding horses. I feel confident Isaac Morley was not in the fight with Bi-iXiirt. I think the original oliject ol the Danile band was to operate on ihe disienieis; but alierwards it grew into a syslem to carry out the designs (jI the presidency; and, il necessary to use phys- ical lorce 10 upbuild the kingdom ol God; it was to be done by them. This is my opinion as to their object, and I learned it Irom various sources connected with thai band. It was my understanding that Dr. Avard's leaching in the Danile society proceeded Iroiu the presiden- cy, i never heard that consiilulioii, spoken ol by Dr. A., read in the society when 1 was present; nor did 1 ever hear of it until lately. And liiriher this deponent saiih not. JOHN CUliRlLL.
James C. Owois, a witness produced, sworn, and examined on be- half ot the Stale, deposelh and saith: In the mjining of the day that the niililia arrived at Far West, 1 heard Joseph Smiih, jr., in a speech to the i\Jt)rmon troops, say that he did not care any tiling about the commg of the troops, nor about the laws; that he had tried to please ihem. If they lived together, it would'nt please them; if thev scat- tered, it would'nt please them; and thathe did nutiniend to liy to keep the laws orplease 'hem any longer; — that they were a damned set, and God should damn them, so help him Jesus Cfuist: thai he meant to goon then, as he had begun, and take his own course, and kill and destroy, and told the men to light like angels; that heretolore he told them to fight like devils, but now he told them to fight like angels — that an^^els could whip devils. I think in this speech it was that lie said what thev lacked in number, the Lord would make up by sending angels, and send two angels where they lacked one man. He swore considerably, and observed that they might think that he was swearing; but that God Almighty would not take notice of him in cursing sucli a damn set as they were. He further slated that they pietemied to come out as mi- Htia, but that ihey were all a damned set ol mobs. He stated, at that, or some other time, tnat as they had commenced consecralintf in Da- viess county, that he intended to have the surrounding counties conse- crated to him; that the time had come when the riches of the Gentiles siiouid be consecrated to the Saints.
While the last expedition was in progress in Daviess county, a por- tion of the troops returned to Far West, to whom, and to the people isseiiibled, 1 understood Sidney Uigdon had read a letter from Joseph Smith, jr. I asked him to read it to me; whicii he dil, and it was, as rear as I can recollect, as follows: That the enemy was delivered into tieir bunds, and that they need not fear; that this had been given to hm by the spirit of prophesy, in the name of Jesus Christ. Sidney tigdon appeared lo rejoice at the information, and give into the thing. / few days before the miliiia got to Far VVi'.st, Joseph Smith, jr., ob- arrved thai he didn't intend to obey the la«s any lunger, that he had a g-eat many wiiis served on him, and that he was ol age, and did not iitend to have anoiker served on him. And lurihcr this deponent stiihnou > JAMES C.*0\VtrV.S.
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Nathaniel Carr, a witness, produced, sworn, and examined in behaif »f the State, deposeth and saith: While the last expidition wns going on in Daviess county, a portion of the troops returned to Far West, and was paraded before Mr. Rigdon's door; a letter was produced br him, received, as he said, from Joseph Smith, jr. and Lyman Wight, and perhaps Hiram Smith, and, I think, Elias Higbee. The letter was read, which stated something like this: that all things were gomg on well in Daviess, that they had nothing to fear, and that the enemv was in their hands. I understood, from v;hat was said in the letter, that thev knew this from revelation. The letter was read to about two hundred men, most of them under arms- The town appeared under military rule; picket-guards were sent out morning and evening. This state of things was continued Jor three or four weeks, and until the Mormons surrendered their arms. Wlien the forces that went out to attack Bo- gart were collecting, about midnight, I heard them say that a mob was collecting near Field's, who had taken some of the brethren prisoners: and that th«y were collecting a company to release them. And fur- ther this deponent aaith not.
NATHANIEL CARK.
John Cleminson, a witness, produced, sworn, and examined, in behaif of the State, deposeth and saith: Some time in June, I attended two or three Danite meetings; and it was taught there, as a part of the datr of the band, that they should support the presidency in all their de- signs, right or wrong; that whatever they said was to be obeyed, and whoever opposed the presidency in what they said, or desired done, should be expelled from the county, or have their lives taken. The three composing the presic^ency wasatone of those meetings; and to satisfy the people, Dr. Avard called on Joseph Smith, jr., who gave them a pledge, that if they led them into difficulty he would give them his head for a foot-ball, and that it was the will of God these things should be so. The teacher and active agent of the society was Dr. Avaid, and his teachings were approved of by the presidency. Dr. .\vard further taught as a part of their obligation, that if any one be- trayed the secret designs of the society, they should be killed and laid aside, and nothing said about it. *
1 heard Sidney Rigdon's sermon, commonly called the "Salt Sermon," and its purport and design was about the same as other witnesses have stated before me. Wlien process was filed against Joseph Smith and others, in my office as clerk of Caldwell circuit court, for trespass, .'o- seph Smith, jr., told me not to issue that writ; that he did not intend to submit to it; that it was a vexatious thing, and I had a right to judge whether a suit was vexatjous or not, and that he would see Tie out in it. Hiram Smith (who was not a defendant in that suit) c\so joined him in this promise, if I would not issue the writ. This vas previous to the last term of the Caldwell circuit couit. I considered myself not as a proper judge as to whether it was a vexatious suit or aot. Joseph Smith, jr., said it vTas a texatioMS thing, and that he
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would not suffer it to be issued; and I felt myself intinnidated and in danger, if 1 issued it, knowing the regulation of the Danite band- On the JMi)nd.iy prior to tlie last Daviess expedition, I heard Mr. Rigdnn say that those who had heretofore been backward in taking up arms in defending themselves ought to, or should, ue put upon their horses with bayonets and pitchfoiks; and Smith said, forced into the front of the battle; and that the property of those who would not go into the war should be consecrated to the use of those who did. Mr. Smith said their lieef, corn, and potatoes they would take.
I went in the expedition to Daviess in wliich Gallatia was burnt, as I felt myself compelled logo from the regulations which had been made. It was generally understood that every movement made in Daviess was under the direction and supervision of the first presidency — of whom, Joseph Smith, jr., and Hu'am Smith were in Daviess. The fol- lo^ving of the delendnnts ivere in the expedition to Daviess, viz: Joseph Smith, jr., Hirnm Smith, P. P. Pratt, Lyman Wight, Caleb Baldwin, and Alanson Ripley. John Buchannan was not there; George W. Harris was tiiere; Darwin Chase was there; Elijah Newman was not there; Isaac Moriey was not there; Moses Ciavvson,! think was there; Alexander McRay was ihere; John S. Higbey, I think, was there; Ebenezer Robinson and Daniel Petigrew were there; Edward Par- tridge was tlieie; David Frampton was not there; Slieffield Daniels,! think, was not there; Daniel Carr was there; James H. Rawlins was there; Maurice Phelps, 1 tiiink, was there.
Of the troops at 'Diahmon, in this expedition, some were sent on one expedition, and some on another; but all were there mutually to aid and assist each other in all that they undertook or did on thdt occa- sion.
When we first went to Daviess, I understood the object to be to drive out the mob, if one should be collected there; hut when we got there, we lound none. I then learned the object was, from those who were actively engaged in the matter, to drive out all the citize'.is of Daviess and get possession of their property. It was understood that they burnt Mormon houses, as well as the houses of the citizens. The burning of the Mormon houses was to bring ihe Mormons int ^ 'Diah- mon, as I understood it. It was said by some that the Mon-^ions were burning their own houses, and by others, that the mob wr.j-e burning ■^them; and so much was said about it, that 1 did not knc^ when I sot the truth. I heard Demick B. Huntingdon, one of the "^^lormon troops, say that the Missourians at Gallatin had taken the r ^^jg out of Slol- ling's store, and piled them up and set fire to the jjorehowse and haft gone o^ for wagons to haul off the goods; but ^l^^^ our wagons had got there first, and had hauled them otf. I un ^^grsiood that the goods I were deposited with the bishop of the chr^^,';^ ^^ 'Diahmon, as conse- crated property to the church. A grer^^ j^'^, ^,- ^j(,g^. property was brought mto the Mormon camps; bu'^ l do not know whe.e it came irom, but understood it to be conse. .^^^^^ properly. U was frequently observed among the troops, that .^e time had coine when the nchea of ■ he Gentiles should be consecrr^j^j ^^ ^^e Saints.
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From the time of the return of the troops from 'Diahmon, the towsi of Far West was kepi under military rule; troops panided and disci- plined every day. li was a g( nerally prevaillinf; understanding among the troops — and seetiied to be so much so tov\if|-ds ihe last, that no other impressi<ms pievailed — '"lliat they would oppose either n':i!itia or mob, should they come out against lliem; for ihe> considered tliem all mob ai heart.'' This was about the t'me the iiiiliiia arrived there. As to Hiram limitli, personally, 1 have thougiu him to be a g(>od-mean- ing man; but, in connexion vviih others, under ihe order of the Uanite Society, 1 thought 1 had as mucli to fear from him as from others. A» to the consiiiulion, le-tified to by Dr. Avard, J never heard ot it until he disclosed it when be was taken prisoner. 1 did not aiicnd the first meeting in w,hii.-li the Danite band was luimed. 1 did not see Hiram Smith, in the last expidilion to Daviess, have arms upon liis jjersoti; but he constituted one of the counsellors of Joseph Smiih, jr.; ijnd it was not usual for any of the presidency, composed ol President Smith and his counsellors, to take arns and go into the ranks.
When I arrived .-t 'Diahmon,! stuid ihf first niglu aiiiVman VVight's house, and informed Wight that General Paiks was conning out with the militia. Wight answered, that he did not wish I'arks to come, and sent sn ex[)ress to him not to come. He remaikrd, iliey could settle .the difficulties themselves. And furllier this deponent siiiih t;iot.
JOHN CLEiMliNSON.
i?eeciPec^-, a witness produced, sworn, and examined, on behalf ot the Slate, deposeih and ^anh:
A short time alter Cowdrey and the Whitmers left Far West, (some time in JunclTeorge W. Robinson and Philo Dibble inviicd me to n Danite meeting, 1 went; and ibe only speaker was Dr. Avard, v%ho explained the object ol the meeting, and said that its object was, that we might be perfectly organized to defend ourselves against roobs; that we were all to be governed by the pi esidency, and do whalevVr they required, and uphold them; that we were not to judge lor ouiselvei whether it were light or wrong; ihut God had raised up a prophet who would judge for us; and that it was |)roper we should siand by each other in all cases — and he gave us an example: If v\e found one of the Daniies in a diflici.iiy. in Ray or Clay lor instance, we ."liould resiSue him, if we had to do with his adversary as Moses did wiih the I'^gyptiain — put him in tlie sand. Jt made nodiiFerf nee w heiliei ihe D;.i)iie wa» to bhime, Ol- not; li.ey VNould ]'a( k lo Far West, and llieie. I,e taken care of. The cjutsiion was a.-keif, wlielher it wiiuld ixiend to a legal pioees>? Avard aiisweud, not. 'J he Daiiiie o.iih was adminisKicd to about 20 or 40[icis()ns at liiis meeling. I'hiU) Dib- ble lold me whoilieliead iifficers of llie Danite l),ind were: thai George W. Rol inson vv:is cohnel, ihat I. e (Dibble) vvas lieiilenani colonel, ;inil Sej nioiir lin ns< n n ajoi, ; nd iliai 1 was chosen adjuuin. Afierihall had II talk with Geoige W. IJobinson and Philo Dibble lopeiber, in . which! was infcinitd viio li.e (.(i^tus wcie, asaLu\c; and luul-er, thai
in
Jared Carter was captain general of the band, Cornelias P. Lott, major general, and Sampson Av.ird brig;, general. This is as I now recollect it. l)i: A.vard, in speaking to the society, remarked, that it would be impossible forthe presidency to explain ihe fibject of the society toevery member, but that the presidency would exolain their views or wishes to the head officers, and they to the members of tlie society. I was present at one meeiinff when the ifficers of the society were presented and in- troduct'd lo the presidency, each officer receiving a blessing from them. Avard staled that lie had procured the presidency to come there, to show the society that what he had been doing was according to their direction or will; and while there, the presidency approved of Avard's course in the society. Dr. Avard, however, did not explain to the [residency what his teaching had been in the society.
I heard Avard, on one occasion, say that the Danites were to conse- crate their surplus properly, and to come in by tens to do so; and if they lied about it — he said Peter killed Annanias and Sapphira, and that would be an example for us. When appointed adjutant of the Danite band, as referred to above, I did not think proper to object openly, though I determined within myself not to act; and the lists and other papers brought to me for recording, I threw aside and made no record of.
On the day before the last expidition to Daviess, I heard Joseph Smith, jr., in a speech, say, in reference to stealing, that i-n a genera! way he did not approve of it; but that, on one occasion, our Saviour and his disciples stole corn in passing through the cornfields, for the reason that they could not otherwise procure any thing to eat. He told an nneid'ite of a Dutchman's pot-Uoes, and said, in substance, that a colonel or captain was quartered near a Dutchman, from whom he wished to purcliase some potatoes, who refused to sell them. The officer then charged his men not to be caught stealing the Dutchifian's potatoes; but next morning he found his potatoes all dug. I think it was in relerence to the expedition to Daviess, and ihey had been com- pelled to go out so often that the people there ought to bear the ex- pense.
Such men as would oppose things undertaken as being unlawful, and such as they feared was a violation ol the law, I have heard Smith and Rigdon, in their public addresses, denominate '^O, dori't men." These I Understood to be those who were denominated also dissenters; and in relerence to men who were hanging; back, and did not wish to en- gage m their expeditions, they were called traitors; and referring to givch, lis I understood, Rigdon proposed that blood should first begin lo flow in the streets of Far West; but his proposition did not carry. The proposition was tlien made, and carried unanimously, that those who thus hung back should be pitched upon iheir iiorses and made to go, nnd placed in the front of the army. All the above occurred in Far West, the day before the last expedition to Daviess. The following of ihe defendants were in the last expedition to Daviess county t Joseph Smith, jr., Henry Smith, P. P. Pratt, Lyman Wight; Amasa Lyman, I
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sm certain was not there; George W. Robinson, Caleb Baldwin, Alan- son Ripley were there; John Buckannan was not there; George W. Harris, George Grant, and Darwin Chase were out; Isaac Morlev wai not out; Alexander JVJcRay was there; Ebenezer Rohinson was'there, and John S. Higbee,! ihink; James M. Henderson was there; Edward Partaidge was there; Francis Higbee,! think, wa§ there; George Kimble was there; James VV. Younger was there; James H. Rawlins and Mau- rice Phelps were there.
When the troops arrived at 'Diahmon, they were divided into compa- nies ot twenty, i'orty, filty, fcc, just as they might be called lor. Those companies were sent out in different parts ol the country, as 1 saw them tiius occasionally going out and coming in. I saw a compa- ny of about filty, called a Fui Company come once. Some had one thing and some another: one 1 saw with a leather bed; another had some spun yarn. I understood from some of thnse who were bringing properly that they were to take it to the bishop's store, and deposite it; and if they failed to do so, it would be considered stealing.
As the property was brought in, there was a general shout of hur- rah, and waving of hats, bv those in camp. I heard Demick Hunting- don, one of the troops, tell in camp that the mob had burnt the store- house in Gallatin, but that the Moimons had hauled otl' the gO(jds; and, also, that the mob were burning some RJormon houses. I looked at him as though I did not believe it, and he stooped down to me (being on his horse) and whispered lo me tliat it was Captain Brunson who had gone with twenty men to the Grindstone foik, who was burning those houses. .The goods taken in Gallatin were generally understood in camp lo have been dep(isited with tlie bishop, as consecrated prop- erty. \Mien the cdnipanies would return from their expeditions, they would make their reports to the p:csidency who were there. As this conif*!!')-, above releried to as the Fur Company, passed with their plunder. I heard Mahlon Johnson, who lived in the lower part of Cald- well, ask Joseph iSniilh, jr., if these proceedings would not endanger the laniiiies living in that part of Caldwell county, and excite the peo- ple lo come on them; and tSmith asked bim vvlial he was talking about — that this was the first step they had ever taken to quell the mob.
I heaid Periy Ke} es, one who was engaged in the depredatifins in Daviess say that Joseph Smith, jr., remarked, in his presence, that it was liis inieniion, alter the} got through in Daviess, to go down and take the stoie in Cancllttn. This icn.aik Smith njade while in Da- viess After the ]\Ioinion troops returned to Far West from Daviess^ I .saw several ol liie captains ol tens, who had been in tiial expedition making ( ul a list of tlieir men, for the purpose, as they said, ol being handed in, that they might receive their portion of the spoils.
I iieaid Darwin Chase say that he was in the expedition against Ba- gart.
Several days before the militia came to Far West, I learned through Mr. Arthur, of Clay county, that they were raising the militia. On Monday, before the militia ai rived, I went out towards Crooked River
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tq see if I could meet them. I met a young man, who informed me ihat Geneal Doniphan was on Crooked river with Uie militia. I re- turned to Far West, and informed Mr. Rigdon and Joseph Smith, jr., as well as giving genei a! information of the fad. I proposed to Mr. Smith to go next morning and try to find tliem; to which lie assented. ] was disappointed in my efi'ort, and returned late m the evening to Far West. Just as I arrived, 1 saw the militia, and 1 went down to ihem with a flag. 1 met with General Doniphan, who received me and told me they were about 1,300 in number, and that they were militia.
On my return to town, I met with Joseph Smith, jr., and informed him that the troops were militia, under General Doniphan's command, (as 1 then supposed was the case.) Mr. Smith asked me their number, and 1 told liim. He replied, "Keep up good courage; we can whip that number, if they make an attack upon us." Some other person came up at the time, and inquired of me their number; and Mr. Smiih an- swered that Mr. Phelps (who was a judge of numbers, liaving seen troops before) said that there were about 250, as he would suppose. Mr. George Robinson then whispered to me not to tell the men the number ot the militia — that it would frighten them, or damp their courage. ^
[At this stage of the examination of Reed Peck, tlie followingnam- «d defendants, viz: King Follel, Samuel Bent, Ebberry Brown, Wil- liam Whitman, and Jonathan Dunham, were brought to the bar of the court, and put upon their trial ior tlie otl'ences alleged against the other delendanls; and, time being allowed them to employ counsel, they re- tired, and again returned to the bar, appearing by their counsel, Messrs. Kees and Doniphan. The examination of Reed Peck was then continued.]
Reed Peck deposeth and further saith: That Jonathan Dunham was in the last expedition to Daviess, and was captain of a company of 50, which I have spoken of as called the Fur Company. He went under the fictitious name of Captain Black Hiiwk. VViien the men were par aded, they were called out as all belonging to Captain Black Hawk'e company, ftiy impression is, tliat King iollet v%as not in that expedi- tion; but he was captain of 12 men in far West, under the Danite or] der, as 1 understand, as he was neither an officer nor private of militia, and was known and called under the fictitious name of Captain Bull, and his company was called tlie Regulators. 1 saw Willium Vv hitman in the expedition to Daviess, and seemed to be one ol the troops en- gaged with others. Some time previous to the difficulties in Daviess, the first time when the militia went out there tor the purpose of keep- ing the peace, 1 heard Joseph Smilli, jr., in a public address, say that he had a reverence for the constitution of the United States and of this State; but, as for the laws of this Slate, he did not intend to re- gard them, nor care any tiling about them, as they were made by law- yers and blacklegs. '1 he above tilings were said some time in last July <>r .August. On the eve of the last expedition to Daviess, 1 heard Jo-
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seph Smith, jr. say th-at they (meaning the heads of the church) had appealed to the Governor for protection, and he had sent us uack word that we mun ti<^ht our own battles. Ha further staged, that the law was unecjually administered — all against us, and none for us — and spoke of the prosecutions set on foot in Daviess as an instance; and he then said we must tnke our own cause in our own hands, and defend ourselves; that he did not calculate to regard the laws any lonj^er. I think it was the last o( June, or first of July last, that I heaid Dr. Avard say that ho had just returned from a council with the presidency, in which council Jared Carter was broken of his office of Captain General of the Dmite band, lor having spoken against Sidney Rigdon, one of the presi(lency;itbein(; a regulation of that society that no one should speak against them, i-r hear any one else do it, with impunity. In that council, Avard said, an arrangement was made to dispose of the dissenters, to wit: that all the head officers of the Danite band should have a list of the dissenters, both here and in Kirtland; "And," said he, "I will tell you how I will do them: when I meet one damning the presidency, I can damn them as well as he: and, it he wanted to drink, he would get a l)f)wl of brandy, and get him half drunk, and, ta- king him by the arm, he would take him to the woods or brush, and said he would be into their guts in a ininuie, and put them under the sod." He gave this as an example of the way they should be disposed of. The only motive for getting rid of the dissenters in this way, as far as I ever learned, was, that, if they remained arnon^ the Mormons, they would introduce a class there that would ultimately endanger their lives, and destroy the church; and if they were sulFered to go out from among them, they would be telling lies on them in the surroun- ding country.
These reasons T gathered from Mr. Rigdon's salt sermon. And Mr. Rigdon said, in the same sermon, that he would assist to erect a gal- lows on the square, and hang them all. Joseph Smith, jr., was present, and followed Mr. Rigdon, after he had made the above declaration, and said he did not wish to do "ny thing unlawful. He then spoke of thJ fate of Judas, and said that Peter had hung him, (Judas;) and said that he approved of Mr. Rigdon's sermon, and called it a good ser- mon.
And futther this deponent saith not.
REED PECK.
James C, Owenx, a witness who was produced on a former day, and testified, being called tack, further deposeth and saith: He does not think that William Whil'nan was in the last expedition to Daviess; I think lie was left at Far West, as captain of the town guard: though he may have been in Daviess for aught I know. And further this de- ponent saith not.
JAMES C. OWENS.
William W. Phelps^ a witQ«ss oa the part of the State, pro-
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duced, sworn and examined, di^poseth and saith: Tliat, as early a* April last, at a meeting in F.ir West of eight or twelve persons, Mr. Rigdon arose, and m:iJf. addiess to tliainJn which he spoke, of having borne persecutions and law-suits, and other privations, r-nd did not in- tend to be-ar them any loa;jer; tliat they meint to resist the la .v. and, if a sheiirt' catne after tiiein with writs, they would kill him; and, it any bodv opposed them, thev would takeoff their heads. George W. Harris, who was present, observed. You mean the head of their influ- ence, I suppose? Iligdon answered, he meant that lump of ftesh and bones called the skull, oi'scal|i. Joseph Smith, jr., followed Mr. Rig- dori. approving his sentiments, and said, that was what they intended to di». Both, in their rem irks, observed, that they meant to h^ve the words of the presidency to he as good and undisputed as the words of God; and that no one shf)uld speak against what they said. Hiram Smith was not in Far West at this time, and I think he was not in the country. Some time in June, steps were taken to get myselt and others out of the cmmty of Gal dwell, and elToris were made to get the post office from me, (being postmaster,) by a demand for it. 1 explain- ed the law, vvliicli seemed satisfactory, and it was given up, I then in- formed the second presidency of the church, by letter, that I was wil- ling to do any thing that was right, and. if I had wroBged any man, I would make satisfaction. I was then notified to attend a meeting. Sidney Rigdon. in an address, again brought up the subjec' of the post etBce. I told ihem if public opinion said I should give it up, I would do so; but they would have to await the decision of the Post/naster General; which they agreed to do, with the understanding that a com- mittee of three should inspect the letters written and .^ent by me, as well as those received by me. This committee, however, never made their appearance. After my case was disposed of, anothpr man's was taken up; he attempted to speak in his defence, and said he was a re- publican Several rushed up towards him, and stopped him, telling him if he had any thing to say in favor of the presidency, he might saj it, and that was their republicanism. Joseph Smith, jr., Sidney Rig- don and Hiram Smi'h, who compose the first presidency, were there. It was observed in the meeting, that, if anv person spoke against the presidency, they would hand him over to the hands of the Brother of Gideon. I knew not, at the time, who or what A meant. Shortly af- ter that, I was at another meeting, where they were trving seveial — the first presidency being present; Sidney Rigdon was chief spokes- man. The object of the meeting seemed to be, to make persons con- fess, and repent of their sins to God and the presidency ; and arraigned them for giving laise accounts of their monev and ertects they had on hand; and they said, whenever they found one guilty of these things, they were to be handed over to the Brother of Gideon. Several wero found guilty, and handed over as they said. I yet did not know what was meant by this expression, "the Brother of Gideon." Not a great while after this, secret or private meetings were held; 1 endeavored to find out what they were; and 1 learned, from John Corrill and others,
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they were forming a secret society called Danites, formerly called the Brother ol Gideon. ]n the meeting above referred to, in which I was present, one man arose to defend hiii.self: and he was ordered to leave the house, but commenced to speak; Avard then said, '-Where are my ten men?" Thirty or more men arose up; whereupon the man said he would leave the house. At this meeting, I agreed to conform to the rules of the church in all things, knowing 1 had a good deal of property in the county, and, if 1 went ofl', I should be obliged to leave it. For some time belore and after this meeting, an armed guard was kept in town and one of them at my house, during the night, as 1 supposed, to watch my person. I the fore part of Jul), I being one of the justices of the county court, was forbid by Joseph Smith, jr., from issuing any process against him. In learned from the clerk of the circuit court i hat declarations had been filed against Smith, Rigdon and others, by John- son, and, in reference to that case, Smith told Cleminson, the clerk, that he should not issue a writ against him. I observed to Mr. Smith, that there was a legal objection to issuing it; that the cost (meaning the clerk's fee) had not been paid. Smith replied, he did not care for that; he did not mied to have any writ issued against him in the coun- ty. These things, tcigether wiih many others, alarmed me for the sit- uation of our county; and, at our next circuit courts; I mentioned these things to the judge and several members of the bar.
A few days belore the 4th day of July last, I heard D. W. Patten (known by the fictitious name oi Captain Feainaughl) say that Rigdon was ^.riting a declaration, to 'declare the ciiurch mde- pendent. I remarked to him, I thought such a thing treasonable — to set up a government vviihin a Government. He answered, it would not be treasonable if they would maintain it, or fight till they died. Uemick Huntingdon, and some others, made libout the same remark. Sidney Rigdon"? 4th of July oration was the declaratiort referred to. Along through the summer and fall, a storm appeared to be gathering; and, from time to time, I went out into Ray and Clay counties; saw and conversed with many gentlemen on the subject, who always assu- red me that they would use every exertion, that the law should be en- forced; and I repeatedly made these thirgs known in Cahiwell county, and that there was no disposition among the people to raise mobs a- gainst them Irom these counties. 1 never was invited, nor did I attend any of their secret meetings. I w as at the meeting on Monday before the last expedition to Uaviess, having learneo that steps would be ta- ken there wiiich might atlect me. At this meeting, the presidency, to- gether with nr\any others, were there, to the number of perhaps 200 or 300, or more. Joseph Smith, jr., 1 think it was, who addressed the meeting, and said, in substance, that they were then about to go to war in Daviess county; that those persons who had not turned out, their property should be taken to maintain the war. This was by way of formal resolution, and was not objected to by any present. A motion was then made, by Sidney Rigdon, that the blood of those who were
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'thus backward should first be sp'lled in the streets of Far West; a few said, Amen to this. But immediately Mr. Joseph Smith, jr., before Rigdon's motion was put, rose, and moved that they be taken to Davi- ess county, and, it they came to baitle, they should be put on their hor- ses with bayonets and piiclilorks, and put in front: this passed without a dissenting voice. Tlieie was a short speech made tiien, by Joseph Smith, jr., about carrying on the war; in which he said it was necessa- ry tojiave somethmglo live on; and, when they went out to war, it wasnecessarv to take spoils to hve on. This was in reference to the dissenters, as well as to the people of Daviess, where they were going. In this speech, lie told the anecdote of the Dutchman's potatoes.
Finding I should have to go out, and not wishing to be put in front of the battle, I sought a situation, and went out with my wagon. This was the expedition in which Gallatin and Millport were burnt. I went on to 'Diahmon a few days alter the Mormon troops had gone out. 1 went to the tavern, late a! night, wheie 1 found Joseph Smith, jr., Hi- ram Smith and others. I inlorrned J. Smith that the Clay troops iiad returned home, some 40 or 50 in number; but told him thai General Parks was in Far West, and iiis troops just behind.
There was a conversation among them as to what they would do; and they come to the ci'nclusion to send down to Lyman Wight, at his house, lor him to s^nd an express to General Parks that his troops were not needed. Snuie lime beioie day 1 awoke, and found Lyman Wight and Captain Feainaught in' the house; he said he had sent the express to General Parks, inlorminghim that iiis militia was not need- ed. Wight asked J. Smith, tv\ ice, if he had come to the point now to resist the law; that he wanted this matter now distinctly understood. He said he had i^ucceeded in smoothing the matter over with Judge King, when he was out, and ihat lie defied the United States to take him, but that he had sulimitted to be taken because he (Smith) had done so. This was in releience to the examination for the offence lor which he and Smith had been brought before Judge King in Daviess. Smith replied, the time had come when he should resist ah \a\'</. In the foie part of the niglil, alter my arrival, 1 heard a good deal of conversation about drawing out the mob from Daviess. 1 heard J. Smith remark, tliere was a store at Gallatin, and a grocery at Millport; and in .-the morning after the conversation between Smith and Wight about resist- ing the law, a plan of operations uns agreed on, which was: that Cap- tain Feaniauglit, who was present, should take a company of 100 men, or more, and go to Gallatin, and take it that day; to take the goods out ©f the store in Gallatin, bring them to 'Diahmon, and burn the store. Lyman ^Vight was to take a company, and go to Millport on tlie same day; and Seymour Brumsou was to lake a company, and go to the Grincstone loik on the same day. This arrangement was made in the house, belore day, while I was lying on the floor. Wiien 1 arose in the morning, some of the companies were gone; but I saw Lyman Wight par^aile a horse company, and start off with it towards Millport. I also saw a foot coinpany the same day go ofT.
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On the s^me da)', in the evening, 1 saw both these companies return; Use foot company had some plunder, which appeared to be beds and bedclothes, &c. They passed on towards the bishop's store, but I know not what they did with the plunder. I remained in the camps one day and two nights at 'Diahmon, when I returned to Far West. The night before I started to Far West, an express was sent from Jo- seph Siiiiih and Lyman Wight to lligdnn,at Far West; but what was the contents of the express I know not. When { returned to Fai- West I had a message in reference to having wood and provisions provided for the families of those persons living in Far West, who were in Da- viess; and, for the purpose of givint; that information, [ was invited to a sciiool-house, where it was said the people had assembled. I went there, and was admitted. The men bemg paraded before the door when I arrived, in number about 40 or 50: h was remarked that these were true men; and we all marched into the house. A guard was pla- ced around the house, and one at the door.
Mr. Rigdon then commenced makmg covenants, with uplifted hands. The first was, that, if any man attempted to move out of the county, or pack their tilings for that purpose, that any man then in the house, ^ seeing ihis, without saying any thing to anv other person, should kill him, and haul him aside into the brush, and that all the burial he should have should be in a tui kev buzzard's guts, so that nothing of hi'u shoulii be lelt but his bones. The measure was carried in form of a covenant with uplifted hands. After the vote had passed, he saiil, Novv see if any one dare vote against it, and called for the negative vote; and there was none. The next covenant, that, if any persons from the -surrounding country came into their town, walking about — no odds who he might be— any one of that meeting should kill him, and throw him aside into the brush. This passed in a manner as the above had passed. Tlie third covenant was, "conceal ali these things." Mr. Rigdon then observed, ihat the kingdom of heaven had no secrets; that yesterday a man had clipped his wind, and was dragged into the hazel brush; and, said he, "the man who lisps it shall die." There were sev- eral companies organized at this meeting, and volunteers called for; and ], having been assigned the command of the express company, called lor volunteers — wanting to be doing something to make a show. Ama- «a].ynian,a defendant, was in that meeting, and was appointed by Mr. Rigdon captain of a company, whose duty it was to watch the move- ments of the enemy, or inoO, in Buncombe; and if they hurt one house in Caldwell, his company was to burn four of theirs; and men were se- lected who were strangers in the community where thev were, to act towards i(/e latter pail of the instructions. To Lyman's company, Rigdon observed, that if the inhabitants in the surrounding country commenced burning houses in Caldwell, if they couid nf)t get clear of them in any other way, they would poison them off. This last lemark I did not understand as being particularly addressed to Lyman as a part of the duties of his company, but seemed to be addressed to the meeting generally. This meetmg was on Saturday, and on the next
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Montlnny I returned to 'Dial'mon, with seven or eight wngons, three or lour (il vshich were moving s(.me families, that 1 hnd bec-n directed to tiike to "Diiihrnor, 'or use liii'ie. 1 arrived at 'DiahiDon tiiat eve- ning, ami, next iiiiuiiing four nl ihe wagons were loaded and sent back to Far West. .l(),st-|'h Smith, jr., and Hiiani Sniiih, perhaps, inlormed me they wanted lour wagons — a pan ol wliicli was to haul i eel and pork to Far West; and what the iiaiance oi liie loading was, 1 did not know; I'Ul liiese waguns, biougiit out by me, were pointed out, and t.i- ken tiiak to Far West, i remained in the cain[isin "IJiahinon thaliljy; tny wagon and anothrr went down to Millport, and brought up Shide's goods, w liii h weie iluie. Slade is not a Mormon, but ii:is ihieu broth- ers residmg in or about Far West, vvlio are Morm ns.
The billowing oi the delenJants were in the last expedition i* Daviess:
Joseph Smitti, jr.,
P. r. Pratt,
liVman Wight, ' /
George W. RibinsoQ,
Alanson Itipley,
George W. Harris,
Elijaii JN'ewman wasi one of my men- Isaac Morlev was nut there. '
Alexander Mi'llay was there.
Ebenezei' Kubinsoii was liiere.
Edwaid Pan ridge was there.
Janies il. Rav\lins was there.
ShelHeld JJaniels, I tiiink, was not liiere.
Samuel Bent was there, and he was called Captain Black Hawk.
While ill Ad iii-on diahmon, I saw George W. Kobinson, with a clock onder his aim, which 1 alierwards saw in Far West, and \\hich was claiiiitd liy a Mr. AicLaney, of Daviess county, as his property, after the arrival 1)1 General L'/arfcatFar West.
And lui ther this deponent saith not.
W. W. PHELPS.
George. M. HinJck, a witness for the State, produced, sworn, and ex- amintd, dejioseth and saiib: I was in Far West v\hen the last Mormon expedition went to Daviess county. We heard of a great number of men gailieiing in Daviess, [mob:] i went dov\n without ueing attached to any com[jiiiiy, or wiiiioui liaving any command; 1 lound there were no troops [li.oli] gaihejcd there. 'J he Moimon lorces consisted of about till ee l.uiidied, as 1 su|:|ios(: ; ihey weie engaged in scouting par- ties; some, it IS said, went to Gallatin, and much mysterious conversa- tion was had in camp abi-.ut goods, and that they were much cheaper than in Aew Yoik. 'J'his hist lemaik was made by I'arley P. Pratt. I saw goods ol various kinds; but knew not Irom whence they catne. It was a common talk in tamps that the mob were burning their own houses and lieeing oil'.
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Tliere was much mysterious conversation in camps, as to plundering, and house-burning; so much so, that I had my own notions about it; and, on one occasion, I spoke to Mr. Smith, jr., in the house, and told him that this course of burning houses and plundering, by the Mormon troops, would ruin us; that it could not be kept hid, and would bring the force of the State upon us; that houses wouKl be searched, and sto- len property tound. Smith replied to me, ma pretty rough manner to keep still; that i should say nothing about it; that it would discourage the men; and he would not suffer me to say any thing about it. Again, in a private conversation, I said to him 1 would not raise a mutiny by saying any thing publicly; but I wished to talk to him privately, not wishing, however, to set myself up above him in the matter; but that 1 wished to do it for the good of the church. I knew this was the vvav i could get to talk with him. I explained myself more fully than when in the house; and told him I thought things were running to a danger- ous extre'me, and he ought to exercise his influence to stop it, as this course of things would ruin his people. He answered that I was mis- taken, and that 1 was scared, and that tins was the only way to gain our liberty and our point; that the mob had begun it wiih us in Jackson county, and had been kept up to this day, and told me to be cheered up, and not to oppose him; and he pledged himself in some way that it would go on rigiu. I replied, I hoped for the belter, and that it would be better than I anticipated. Both of the above conversations occur- red in 'Diahmon, at the time the Mormon troops were assembled there.
There was a council held the evening after I arrived at 'Uiahmon, as I learned from Hiram Smith and others, in which some officers were appointed. I do not recollect precisely how made; but I think Ly- man Wight was commander-in-chief of all the Mormon forces in Da- viess' county.
Neither of the Mr. Smiths seemed to have any command as ofRcem m the field, but seemed to give general directions.
I saw a great deal of plunder and bee-stands brought into camp; and 1 saw many persons, for many days, taking the honey out of them; 1 understood this property and plunder were placed into the hands of the bishop at 'Diahmon, named Vincent Knight, to be divided out among them, as their wants might require.
There were a number of horses and cattle drove in; also, hogs haul- ed in dead with the hair on; but whose they were, 1 know not. They were generally called consecrated property. I think it was the day Gallatin was attacked. I saw Colonel Wight start oft' with troops, as was said, to Millport; all this seemed to be done under the inspection of Joseph Smith, jr. I saw Wight when he returncii; the troops from Gallatin returned about the same time; and 1 heard Smith find fault with Wight /or not being as resolute as to serve Millport as they had served Gallatin; this was remarked to me alone.
The foUov.'ing named defendants were in the last expedition to Da- viess county: Joseph Smith, jr., Hiram Smith, Lyman Wight, Parley
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P. Pratt, Georje W.Robinson,(F think.) Washington Voorhee3.([ think,'; George W. Harris, Martin C. Ah-ed, William Aired, (I think.) Darwin Chase, Alexander Mc'ilay, Ebenezer Kobinson, (I believe.) Edward Partridge, (for a tew days.) Joseph W. Younger, James W. Rollins, (for a lew days,)i.nd Maurice Phelps.
I returned into Caldwell county, and received an order from Judg« Higbey to order out the militia of Caldwell, to defend the citizens against mobs. I issued that order to the dillerent officers; but I found them very much disorganized, and I inquired tlie reason why. They answered, they cared noihiog for their coinmissions; that the organi- zation of the Danite band had taken all power out of their hands. Under the order, considerable men turned out, but were not regularly • nrolled.
On the day before the battle with Captain Bogart, there was a coun- cil held in Far West, in which Patten was appointed commander-in- chief of all the horse he could raise in Caldwell county. I inquired (inasmuch as I was commanding colonel of the militia of the county) how this was to be. President Smith told me that, if it reduced my command to ten men, 1 must be satisfied with it. So I went home, and retired to bed early. Next morning, about sunnsing, 1 heard of tho battle. Joseph Smith, jr., Lyman Wight, and perhaps some others, (who, I think, were not in the battle,) went to meet those with the wounded. The hillo\\ing named defendants I saw in the troop, return fiom the fight with Bogart: Parley P. Pratt, Caleb Baldwin, (I think,, and Norman Shearer.
On the evening that the militia arrived near Far West, I got into town, having been to hunt them that day to confer with them. When I arrived into town, with about one hundred men, I found them on foot. I saw other Mormon forces, formed in single line, in the brush, in a po- sition to receive militia, who were marching up. I went down, and learned from Air. Pomeroy, of liay county, that they were militia; and I '.old him they need not come up to fight, we wanted to settle the mat- ter without fighting. And, for fear of a collision between the two forces, 1 ordered the Rlormons, formed in the brush, to retreat. At this lime, Joseph Smith, jr., rode up and upbraided me for such an order, and tohl me it should not be done. He then ordered the men to stand, and talked harshly to me, charging me with cowardice. I knew it would not do to oppose his wishes, and returned home. He went and took command of the forces which I had with me that day, and which 1 h^d dismounted and formed as above stated; and he marched them down to the other line of Mormons, who were formed to receive the militia. It was generally believed by all in Far West, for several days previous to their arrival, that the militia were comingout, and that the forces, whpn they arrived, were militia.
Along through the week that the fight was had with Bogart, it was a general understanding, given out by Joseph Smith, jr., that he calculated to fight any forces who should come against them, whether rnilitiaor mob; and, if they pushed them too tight, they would march
through Jeflerson city; or the calculnlion was, that they would pusb the war to that effect.
I have heaid Joseph Smith, jr. say that he believed Mahomet was a
food riian; that tiie Koran was not a true tiling, Lut the world belied lahomct, as they had belied him, and that Mahomet was a true pro- piie!.
Tlie general teachings of the presidency were, that the kiogdorn they were setting up was a iemjjorul as well as a spiritual kingdum; that it was the little stone spoken ot by Daniel. Until lately, ilie leacliings of the church appeared to be peaceable, and that the kingdom was to be set up peaceably; but lately a dillerent idea has been advanced— that the time had come when this kingdom was to be set up by forcible means, if nei essary.
It was taught, that the time had coiiie uhen the riches of the Gen- tiles were to be consecrated to the true Israel. This thing of taking property was considered a lufillmeut ol the above prophecy. The preachers who were sent out to preach ll'.eir doctrines were instructed to direct their converts to come up to Zion — meaning tl is upper part of Missouri.
I think the evening the militia arrived, Smith had a disposition not to fip-ht them — from what 1 could understand, more on account of their numbers than their characters.
1 lieaid It said, (but v\hetiier it was in the council, "here Patten was chosen cominanuer-in-ihiel, cr wheie 1 do not lecolieci,) but I heard it staled, 1 think by Josepii Saiith, jr.. liiat liie miliiia was a mob, and that, the Stale of Missouri was a mob — or v/ords to that efiect.
When opposing President Smith, at "Diahmon, above reierred to, about the plundering o! properly, he remarked, it was impossible so many people could subsist there, without resorting to soioething of that kind.
Alter we caine in from 'Dialimon to Far West, from the last expedi- tion to Daviess, Josejib Sn!uli,jr., said he intended to hoist a new fiag, or standard, on the square lu tar West, on which lie inlended to write "Religion aside, and lice toleration to all religions, and to all people ihal would flock to it;" and that he believed liiousands in the suirouu- din" couniiy would flock lo il, and give him huce sullicieni to accom- plish his designs m maintaining his flag and in carr) iiig on the war.
The moi ning that 1 marchtd to P'ar West, to ineft the militia to con- fer with iheni, as above reierred to, Jose|;h Smiili, ji., n^ade a .-pceih to the troops "ho were called together, in "hitli he said: 'J iiat the troops which »eie gatheiing iluoigh liie countiy weie a dtmincd mob; liiat he had tried to please them l«jn^ enough; that we had tried lo keep the law longenougli; Lut,as lo keepipg the Ijw ol Miss<uii:.ny h nger, lie did Eoi irii<rio to iiy to do so. 'ihai ihe whole State was a mob sei; and that,il they cuine to f:ghi him, he would jj'ay hell with their a[)j)lecarts. He told his people llial liiey heretoloie had the character ul fighting like devils; Lul ihey should now %Li like angels, forangels could whip devils. ^
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While in Daviess, on the last expedition, I mentioned the great diffi- culties the course they were pursuing would likely get them into; the reply was, by a number of them, that, as the citizens had all fled, there would be none to prove it by but themselves, and they could swear as
• they pleased in the matter. These, 1 believe were of the Danite or- iler. And 1 understood from them that they could swear each other clear, if it should become necessary. While at 'Diahmon, 1 heard a conversation dbout having commenced the war, and I expressed doubts as to their being able to get along with it in the community. In that conversation, while many were present, 1 heard Lyman Wight say, that the sword had now been drawn, and should not be sheathed until he had marched to De Witt,in Carroll county, into Jackson county, and into many other places in the State, and swore that he was able to ac- complish it. While the last expedition was in progress in Daviess (X)unty, a portion of the troops returned to Far West, and was para- ded in the square before {Sidney Uigdon's house. Rigdon addressed them in a cheering and encouraging nianner in the course they were pursuing. He held in his hand a letter from Joseph Smith, jr., in Davi- ess county, in which, he said, there was a profound secret, and the boys who were present were sent away. The letter, as near as 1 recollect it, was as follows: That our enemies were now delivered into our hands, and that we should have victory over them in every instance. The letter stated that, in the name of Jesus Christ, he knew this by the spirit of prophecy.
Since the return Irom Daviess, Joseph Smith, jr., told me, in refer- ence to his plans, that if the citizens of Richmond and surrounding country rose and went out there to fight them, that he intended to have men to slip in behind them, and lay waste the county, and burn their houses. In the council in Far West, a few days before the militia came
■ out, I recollect, in making arrangements for the war, the presidency was to have the supreme rule, and that their war office, or head-quarters, was to be at 'Diahmon, where, Joseph Smith, jr., said they could have all necessary preparations to carry on the war in a warlike ii.anner; and they were to have gone in a day or two to lake their seats.
At the time Joseph Smith, jr., and myself, were under guard at Far West, he manilesled a great disposition to converse about our difficul- ties, and said he heard f had turned against him; and proposed to me the idea of hanging together, and not testifying against each other; and if we suffer, all suffer together. 1 felt myself awkwardly situated, as i had heard there was a combination of the Danites against me. 1 told liim I would testify to nothing but the truth, let it fall on whom it would.
And further this deponent saith not.
G. M. HINKLE.
William Splawn, a witness produced, sworn and examined for the 'State, deposelh and saith, (he is a citizen of Daviess county :) I was at 9 '
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Eli Bagley's, in Daviess county, when an armed company of men, about ten or twelve in number, came there. James H. Rollins and Jes- se D. Hunter, two of the defendants, were of the company that came to Bagley's. They inquired who I was, and if I wasof a mob charac- ter; and learned that I wa? not, and let me alone. They inquired lor John Raglin , and said they heard he was a mob character, and had gone for men to fight riiem; and that if they got their eyes on him, they would take his life, and that he had better keep out of their way.
To he positive that Hunter was of the company, I will not; but I have little or no doubt of it, from his appearance. This was on Saturday, after I learned that Gallatin was burnt the Thursday be- fore, and during the time that the Mormon troops were in Daviess eounty.
And further this deponent saith not.
WILLIAM SPLAWN.
Thomas M. Odle, a witness for the State, produced, sworn and exam- ined, deposeth and saith: On the Saturday after Gallatin was burnt, an armed company of twelve men rode up to Mr. Raglin's house, in Daviess county, where I resided. They inquired for John Raglin. I told them where he had gone. They said their object was to drive the mob from the county, and that 1 must go. I replied that I could not; that 1 had no way to get off, and that my family were barefooted. Thev replied, that made no difference; I must go; and said if 1 was not gone by next morning's sun-rismg they would take my life. They told Mrs. Raglin she must put out; that there she could not stay, and that Rag- lin had better never show himself there; that they would take his life if they ever set their eyes on him. Next morning, by the assistance of friends, we did start; leaving most of our property there. Since then I have returned, and found the houses burnt, and the property gone.- consisting of household stuff, and twenty-nine bee-gums. The compa- ny above mentioned inquired lor gums, and got down and took one gum from the house, belonging to one Josiah Littlefield. They further said, that they had been driven as long as they were a going to; that they had got strong enough now to defend themselves; that they in- tended to do it by the sword; that they were at the defiance of any set of men that could come against them; and that they now intended to make it a war of extermination..
The following of the defendants were in that company, viz: James H. Rollins, Jesse D. Hunter, Darwin Chase; and I ihink from his ap- pearance, that Maurice Phelps was there, but may be mistaken. Hunter appeared to be captain, or conamander, of the company, as he did most of the talking; but most all of them had something to say.
And further this deponent saith not.
his THOMAS M. X ODLE. mark..
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John Raglin, a witness for the State, produced, sworn and examined, deposeth andsaith; I was in Gallatin when the Mormons made an at- tack upon it, which took place one Thursday in October. Ail the per- sons that were there left the town; and the Mormons, as I believe, they were to the nnmber of of about 150 or !200, all armed, took possession of the town; and the store and other houses were burnt, as I learned, that evening. And further this deponent saith not.
hfs JOHN X RAGLIN. mark.
Allen Rathbufi, a. witness for the State, produced, sworn and exam- ined, deposeth and saith: On the day before the battle with Bogart, I was in JFar West; and early in the morning Daniel Carn,one of the de- fendants here, asked me to help him grease his wagon. I did so, and asked him where he was going. He said he was going out to Mr. Rag- lm"s, in Daviess county; that there were about forty bee-stands there, that they were going i'or. Directly after, I was at Morrison's store, in Far West. There was a compny often or a dozen men, there, witli two or three wagons. 1 heard ;VIr. Huntingdon ask for brimstone. Some of the company said they had two pounds. Huntingdon an- swered that would do. Mr. Hunter, of the defendants, here gave the word of command, and they marched ori" — Mr. Daniel Cam, with his wagon with them. Late that evening, I saw Mr. Cam's wagon at his grocery door, in Far West. I saw Carnand Huntingdon unloading it. It was loaded with one bee-gum, and household stuff, consisting of beds, or bed clothes, kinder tied up; also there were onions in the wag- on. Mr. Carn, that evening, remarked, that tiiere would be in, that night, a considerable number of sheep and cnttle; and further remark- ed, that !t looked to him sometimes that it was not right to take pltan- . der, but that it was according to tlie directions of Joseph Smith, jr., and that was the reason why he did it. The next morning! saw a con- siderable number of sheep on the square in Far West — near about one hundred. I then left Far West, and returned home, (in the east part of Caldwell county,) having been summoned to Far West by my mili- tia captain, but perfoinied nomilitary duties while there. And further this deponent saith not.
ALLEN RATHBUN. -
Jeremiah Myers, a witness for the S'tate, produced, Kworn and exam- ined, deposeth and saith: I was in the last expedition to Daviess coun- ty; being summoned from my home, (in the east part of Caldwell county,) by my militia officer, to go to Far West, where I w=ts told we had to march to Daviess; and did so. I think it was the thiid day af- ter our arrival at 'Diahmon that Captam Fearnaught's company, of about one hundred men, started out; and not until we got near to Gal- latia did I leara where they were going. I was thea told there was a
132
mou in Gallatin, and that we were going to disperse them. When in about half a mile of Gallatin, we formed, and rushed into town with a huzzah. I saw only two nien running; others said there were about fifteen. We gathered up around the store, and some went in, halloo- ing to "bring them out here;" supposing there were men in the house. About this time, myself and another man returned to camp at 'Diah- mon. That evening I saw store goods at the bishop's store; and was informed by Mahlon Johnson, one of the company to Gallatin, that the goods taken from the store in Gallatin were the goods I saw depos- ited at the bishop's store; they were called and considered consecra- ted property; and that they were to be dealt out by the bishop to those ■who stood in need.
I saw parties going out and coming in while in camp, but saw no property come into our camp; but 1 saw a pen oi cattle, which were called buffalo.
The following of the defendants were in the last expedition to Da- viess: Joseph Smith, jr., Lyman Wight, (who resides in 'Diahmon.) Washington Voorhees, Ebenezer Page, Francis Higbey, Daniel Cam, James H. Rollins, and Maurice Phelps, 1 think was there.
I never saw Lyman Wight in command during this expedition. My camp was half a mile i'rom Wight's; and 1 siaid pretty conslantl^v about my own camp. I do not recollect that 1 was in any other ex- pedition than the one to Gallatin.
There was some property brought into 'Diahmon by the Mormons as their own: this was not deposited with the bishop, but they took it themselves.
And further this deponent saith not.
JEREMIAH MYERS.
[At this stage of the examination, the following named defendants, James Newberry and Sylvester Hewlett, were brought lo the bar of the court, and put upon their trial lur the ofl'ences alleged agains; the other defendants; and time being allowed them to procure counsel, they informed the court that, they were ready to appear by themselves and their counsel, John R. Williams, Esq. The examination then pro- gressed:]
Andrew J. Job, a witness for the State, produced, sworn, and esana- ined, deposetii nnd saith: While the Mormou troops were in Daviess county, in the last expedition,! was taken prisoner by Captain Fear- naught, (as he was called,) who, I have since learned, was a Mr. Patten. While they were getting me into 'Diahmon about midnight, I passed on between Millport and that place, and counted ten houses on fire. James H. Rollins, Ebenezer Page, James M. Henderson, Alanson Ripley, and Sidney Tanner, were of the company that took me pris- oner.
When the houses were burning, I heard Ebenezer Page say that the mob were burning their own houses, and would lay it on the Mormons.
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I observed it was curious they should burn their own houses: he replied, it was, but they were doing so.
I arrived at 'Diahmon that night a prisoner, and was detained there until next morning about daybreak, when I, Ira- Glaze, and William Bone, who were also taken prisoners, weie turned loose by Lyman Wight, and told, that he would give us four hours to leave the county; and if they caught us after that time, we should not live any longer. Before we left, I heard Lyman Wight say — Come, boys, feed your hor- ses, and get your breakfast; we must try and scatter the mob.
After I left 'Diahmon, I went to my step-mother's, and made efforts to get out of the county. After the Mormons surrendered at 'Diahmoa to the militia, I went with my step-mother to 'Diahmon, to hunt for her property, which had been left at the house when she moved, and which was missing on her return — such as beds, bed-clothing, knives and forks, a trunk, &c. On examination, we found at the house of Ly- man Wight, and upon his bedstead, a feather bed, which I knew to be the one left by her at the time she fled from the Mormons. I knew the bed from its appearance ; the tick was striped and pieced at the end, and the stripes of the piece turned crosswise; also, we found in Wight'i house a set of knives and forks, which I knew were the same left at her house as above stated. My step-mother left her residence, (in two miles of 'Diahmon,) where she left the above articles, on Wednesday before I was taken prisoner, which was on the Sunday night after; and when at 'Diahmon, the night I was a prisoner, I slept on that same bed, as 1 believed it to be, at one Sloan's, as I understood his name to be. When my step-mother left her home near 'Diahmon, where the above articles were left, she went into the lower part of Daviess; to which place I went when turned loose as a prisoner. My father's name is Robert Job.
And further this deponent saith not.
ANDREW J. 1^ JOB. mark.
Freeburn H. Gardner, a witness on behalf of the State, produced, sworn, and examined, deposeth and saith: I was pressed to go in the expedition against Captain Bogart, and went part of the way, as far as to Bragg's place, about seven miles from Bogart's camp. While there, I heard D. Patten, who was called Captain Fearnaught, lectur- ing the troops; heard him direct his men how to shoot — to bring their guns up on a rise to their object, and hold their breath, and fire; and generally they would make a deadly shoot; and that those they were a going to fight should not be able to hurt them; that their pieces should be elevated too high, or held too low.
When called on that night to go, I was informed by the man who came for me that the object was to disperse a mob down at Crooked River. I proceeded no further than to Bragg's place. I left, and re-> turued home.
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The following named defendants were in the expedition against Bo» gart, viz: Darwin Ciiase,ashe told me. Washington Voorhees was not jn the expedition; he stated he had no horse to ride; and that if I would not go, he wished to get my horse to ride, that he might go. I replied, if the horse went, 1 must go with it; he answered, I might have his gun, (as I had none,) but that he would raiher go himself. I took his gun, and joined the company as above.
And further this deponent saith not.
FREEBURN H. X GARDNER. mark.
Burr Riggs, a witness for the State, produced, sworn, and examin- ed, deposeth and saith: In the latter part of June last, immediately ^fter the witness and Cowdrey lelt Far West, I fell into company with Joseph Smith, jr., and Geo. W. Robinson. Jos. Smith, jr., said there were certain men using their intiuence against the proceedings of the presidency, and if they were sufl'ered to go on they would do great injury. And Smith told Robinson, the first man he heard speak- ing against the presidency, and against their proceedings, he must tie him up and give him thirty-nine lashes; and if that would not do, give him thirty-nine more, until he was sorry for what he had said; and Robinson said he would do it.
About the latter part of July, I heard Sidney Rigdon say, Wm. W.^ Phelps and Dr. Williams, and he strongly suspected John Corrill, were using their influence against the presidency of the church; and further said, Corrill and Phelps were men of great influence in the country, and their influence must be put down.
I did not go out (with the troops) in the late expedition to Daviess; but my team was pressed. Four or five days after the Mormon troops had gone out, I learned that one of my horses was sick, and that I had better go out and attend to him. I went out to 'Diahmon, and got there in the evening; remained there that night, and returned to Far West next morning. While in 'Diahmon I saw a great deal of plunder brought in, consisting of beds and bed-clothes; I also saw one clock, and 1 saw 36 head of cattle drove in, and put into a pen. All the above property was called consecrated property; and I heard John L. Butler, one of the Mormons who was engaged m assisting to drive the cattle in, say that they had taken the cattle from the citizens of the Grindstone Fork; and said he had made a valuable expedition. I saw Ebenezer Robinson there, who had a gun-barrel in his hand. I asked kim where he got it, and he told me that the evening before he had »et a barn on fire, and that he heard the gun go off while the house was Ixirning, and he went back and got the barrel out of the ruins of the barn.
The following of the defendants were in the last expedition to Da- viess: Joseph Smith, jr., Hiram Smith, Lyman Wight; I think Amasa Lyman was not there; George W. Robinson was there, x\lanson
135
iliply was there; John Buchannan was not there; Jacob Gates, I think, was there; Geo. VV. Harris was there; Jesse D. Hunter and Geo. Grant were there; Elijah A'ewman went out when I did, and, I think, returned next morning. There were some families going to 'Diahmon, and Neivman went as one of a guard, to guard them out. Isaac Morley was not there; Thomas Ricii was there and returned while the Mormo'n troops were in Daviess, with an express from Captain Fearnaught to .Sidney Rigdon, for some wagons, to move oti' families. Alex. McRay was there; John S. Higbey, I think was there; Ebenezer Robinson was there; Edward Partridge was there, and returned in a few days; I think Silas Manard was not there, Daniel Cam was there, I think; Wm. Whitmore was not out; Sylvester Huiett, I think, was in Far West during the expedition. Two or three days before the surrender of the Mormons to the militia at Far West, I heard Jos. Smith, jr., say that the sword was now unsheathed, and should not again be sheathed until he could go through these United States, and live in any county he pleas- ed, peaceably. I heard this fiom him, also, before the last expedition to Daviess, when Gallatin and Millport were burnt as well as after- wards, and I heard it on several occasions. I never heard Jos. Smith, jr. say that he would disobey the laws of the country. The following of the defendants were in the expidition against Bogart: P. P. Pratt, Darwin Chase, and Norman Shearer; Isaac Morley, 1 think, was not there; Joseph W. Younger was not there.
While the last expedition was going on in Daviess, there was a meeting in Far West, in which Mr. Sidney Rigdon presided. Ther« were present about 60 or 100 men; a guard was put around the house, and one was placed at the door. Mr. Rigdon said that the last man had runaway Irom Far West that was a going to; that the next man who started, he should be pursued and brought back, dead or alive. Thisvvas put to vote, and agreed to, without any one objecting to it. He further said, that one man had slipped his wind yesterday, and had been thrown aside into the brush for the buzzards to pick, and the lirst man who lisped it should die.
At this meeting companies were chosen, some to procure wood for the town, and some to procure meal for the army at Far West, and, also, ibr the families of those who were in the expedition to Daviess; and one compnny for spies. Sidney Rigdon said that these companies were necessary, and appointed men as heads of the companies, to make them up. Rigdon further stated, at this meeting, that the enemy were in their hands, and that they should prevail. He gave instructions to the spy company that they should go out to Richmond and surrounding country, to learn the movements of mobs; and that if they found any mob burning houses in Caldwell, be sure, said he, that you do the same 'hingto them. Amasa Lyman was the captain of this spy company. It was stated in this meeting, that the object in organizing a spy com- pany was to be able to guard against mobs, which they said were com- ing on them from all quarters. When Mr. Rigdon was instructing the spy company, or apparently in conversation with them, above refer-
136
red to, I heard it said that if they could not get rid of the mob in any other way, they could poison them to death. At the time of this last remark I was engaged in other conversation, and did not hear all that conversation. When Patten was raismg his company to go against Bogart, he remarked that it (Bogart's company) was said to be militia; but it was nothing but a cursed mob, and that, in the name of the Lord, he would go and disperse them.
And further this deponent saith rot.
BURR RIGGS.
Elisha Camron,a. witness for the State, produced, sworn, and exam- ined, deposeth and saith: The day before the battle with Bogart I was in Far West, and was taken pnsoner. I saw Lyman Wight, and in- formed him that they were raising militia in Clay county, and that there was no mob out. He appeared to be very angry, and said he would fight any body that might come against them — that he did not care what came.
My oxen that I drove with me were taken and put to work, as 1 was told; and I did not recover them until after the Mormons surren- dered to the militia. Wight, when conversing with me as above, ap- peared to be friendly with me as he had been before.
And further^this deponent saith not.
ELISHA CAMRON.
Charles Bleckley, a witness produced, sworn, and examined for the State, deposeth and saith: That, at the time when one of the houses at Millport was burning, I saw Joseph Smith, jr., Lyman Wight, Geo. W. Robinson, and two others, sitting on their horses looking at the burning. I also saw Mi. Turner, and a young Mr. Morin (both of whom lived in about half a mile of the place) there also.
Some of the company on horseback said the citizens had commen- ced it with them, and they intended to take satisfaction. Most of the houses at Millport had the appearance of having been burnt several days before. Wight told us we might get our families out of the coun- t\' in peace; that he, nor any person he could control, should hurt them; nor would they interrupt any unarmed persons. He said he had no deeire they should leave the county, if they could live in peace.
And further this deponent saith not.
CHARLES BLECKLEY.
James Cobb, a witness for the State, produced, sworn, and examined, deposeth ond saith: That at the time when one of the houses at Mill- port was burning, I was there, and saw Joseph Smith, jr., Lyman Wight, Geo. W. Robinson, and two others, all on horseback, and Mr. Turner, and a son of Mr. Josiah Morin. The house (which was a stable) had just got in a way of burning.
And further this deponent saith not.
JAMES COBB.
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Jesse Kelly, a witness produced, sworn, and examined for the State, deposeth and saitli: That lie is a citizen of Daviess county; that about four da3's after the burning of Gallatin and Millport, myself and Addi- son Price were surrounded in a house in Daviess county, and taken prisoners by a company of Mormons; they took from me three guns and a butcher-knife. Alexander McKay, the defendant, was captain of the company; Caleb Baldwin, another defendant, was in the compa- ny. The captain asked us if we belonged to the mob, and wo replied not; he then said we had better join them, and come into 'Diahmon for protection; I replied, that I would consider of that; Mr. Price said to them, that he iiad moved his family into Livingston; the cap- tain then said, if we did not wish to fight them, we must leave the State; for we mtend, said he, after we get possession of Daviess, to take Livingston; and after that, keep on, till we take possession of the whole State.
The captain then asked Mr. Price if he knew whether the Governor ■would be up or not; Price answered, he did not know; the captain then remarked he wished he would come up, that his scalp he would rather have than any other man's. There were thirty or forty armed men in this company, and, after carrying us about four miles oa to- wards 'Diahmon, they released us, telling us we must leave the county immediately; and if we did not want to fight them, we must leave the State immediately, for the State they in-tended to have. They said it was the mob who had plundered and burnt their own houses in Da- viess, and then laid it on the Mormons; a number of the company had something to say, pretty much to the same import with what was said by the captain.
And further this deponent saith not. JESSE KELLY.
Addison Price, a. witness in behalf of the State, produced, sworn, and examined, deposeth and saith: I am a citizen of Daviess county; that about four days after Millport was burnt, I was taken prisoner, together with Mr. Kelly, by a company of armed Mormons, near forty in number; they took from me a butcher-knife, bullet-moulds, and a. bar of lead; and a butcher-knife, and three guns (one a shot gun, and two rifles) from Mr. Kelly, as he has himself stated. The guns were taken from Mr. Kelly, after they had taken us back to Mr. Kelly's house, where they found them; we having been taken prisoners about two miles from there. Alexander McKay, one of the defendants here, was captain of that c-mipany, and they sometimes called him general; and Caleb Baldwin was also of the company. The captain, on finding thai I had removed my family and plunder into Livingston, asked me why I did so? I informed him that, as I had understood that when they came to a house they would take tiie beds, bedding, &;c. ofT, I mo- ved mine in time to save them. He advised me to go to them for protection, as there was obliged to be warj-there, and 1 would have to fight on one side or the other. I replied, I did not think there would be war; he said there would oblige to be, and, if I did not wish to fight,
138
I must leave the State. He frequently, in making these remarks, raised up his right hand, and warned me in the name of the Great God, to leave the county, and that I had better leave the State, It was saia by several of the company, that, as soon as they had rid Daviess county, they would have Livingston,and before they stopped, ihey intended to liave the State.
They asked me if I knew whether any one had gone for the Governor. I answered, I did not know; they said they understood he had been sent for, and was coming up into the Grand river country, to see what •was going on; they said they only hoped he would, that they intended to scalp him the first man, as soon as he did come, for he was nothing but an infernal mob himself. There was a great deal more said in the Way of threats. They inquired of me if I knew there were any mobs coming against them; I answered, that I knew of none; they said that the whole State wnsa mob. 1 asked them what they called themselves; they answered, they were militia. After carrying us on towards 'Ui- ahmon (where they said they intended to take us) about four miles, Ihey released us. This company bore a wliite flag with them.
And iurther this deponent saith not.
ADDISON PRICE.
Samuel Kimhel, a witness on behalf of the State, produced, sworn and examined, deposeth and saith: That 1 reside near Far West, and vvas repeatedly warned, and my life threatened, if 1 did not go to Far West, and take up arms. About a week before the sunender of the Mormons to the militia, I went to Far West; my name was enrolled, and I was forbid to leave the town, and was paraded twice a day, and the roll called. While there, I heard Joseph Smith, jr., in a speech to the companj'of perhaps two hundred under arms, say it was impossi- ble to please a mob: that he had applied to the Governor, and he un- derstood the the Governor said he could do nothing for us. He said that the whole State was a mob, and that the Governor was nothing but a mob, and if he came upon them, he would make war upon him; he cursed the State as a damned mob, and said that God would damn them; he observed that the people might think he was swearing, but that the Lord would not take notice of it.
And further this deponent saith not.
SAMUEL KIMBEL.
John Whtimer, a witness for the State, produced, sworn and exam- iced, deposeth and saith: About the l7th of April last, at a meeting of perhaps fifteen or twenty-live, in Far West, Joseph Smith, jr., spoke in reference to difficulties they had, and their persecutions, &.C., in and out of the church. Mr. Smith said he did not intend in future to have any process served on him, and the officer who attempted it should die; that any person who spoke or acted against the presidency or the fthurch should leave the country or die; that he would sufTer no such to remain there; that they should lose their head. George W. Hanis,
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who was there present, observed, "the liead of their influenre, I sup- pose." Smith replied, Yes, he would so modify it. Mr. Uigdon then got up, and spoke in connection with what Mr. Smith had been saying; and in speaking of the head of their influence, he said that he meant jhai ball on their shoulders, called the head, and that they should be followed to the ends of the earih. Mr. Rigdon further ren^arked, that he would sufier no process of law to be served on him hereafter.
Some time in June, after Mr. Rigdon had preached his "salt sermon," I held conversations with several Mormons on the subject of that ser- mon, and the excitement produced by the course and conduct of the presidency. Among others, 1 conversed with Alanson Ripley. 1 spoke, of the supremacy of the laws of the land, and the necessity of, at all times, being governed by them. He replied, that as to the technical niceties of the law of the land, lie did not intend to regard them; that the kingdom spoken of by the prophet Daniel had been set up, and that it was necessary every kingdom should be governed by its own laws. I also conversed with George W. Robinson, on tiie same subject, wlio answered, (when I spoke of being governed by the laws and their su- premacy,) "when God spoke he must be obeyed," whether his word oame in contact with the laws of the land oi not; and that, as the kingdom spoken of by Daniel had been set up, its laws must be obeyed. 1 told him I thought it was contrary to the laws of the land to drive men from their homes; to which he replied, such things had been done of old, and that the gathering of the saints must con- tinue, and that dissenters could not live among them in peace.
I also conversed with Mr. J. Smith, jr., on this subject. I told himl wished to allay the (then) excitement, as far as I could do it. He said the excitement was very high, and he did not know what would allay it; but remarked, he would give me his opinion, which was, (hat if I would put my property into the hands of the bishop and high council, to be disposed of according to the laws of the church, he thought that would allay it, and that the church after a while might have confi- dence in me. I replied to him, 1 wished to control my own proper- ty. Jn telling Mr. Smith that I wished to be governed by the laws of the land, he answered, "Now, vou wish to pin me down to the law."
And further this deponent saith not.
JOHN WHlTxMER.
James B. rur?iMr, a witness for the State, produced, sworn and ex- amined, deposeth and saith: The day after Millport was burnt, in the evening 1 went up to Millport in company with young Mr. Morin: di- rectly after our arrival, I saw Joseph Smith, jr., Hiram Smith, Lyman Wight and two others, ride up. Mr. Cobb, the mail lider, and several of the Bieckleys, came up also. Cobb observed, "See what the damn- ed Mormons have done!" speaking of the burning. Hiram Smith ask- ed how he knew it was the Mormons? He said they had burnt Gallatin. Some of the Mormons replied, that Gallatin was burnt by the mob
140
from Platte. Cobb then remarked, that all Clay and Ray were turninf out to come against them. Wight or Smith, observed he did not be- lieve that was true. Lyman Wight said their cause was just; he con- sidered they were acting on the defensive, and he would as soon S0,000 should come as 500.
And further this deponent saith not.
JAMES B. TURNUR.
[At this stage of the examination, Clark Hallett and Joel S. Miles were arraigned, and having lime allowed them to procure counsel, they informed the court they did not wish counsel, and knew of no witnesses that they desired; and that they were ready to progress in any trial that might affect them; whereupon the trial progressed.]
George W. Wortkington,a. witness on behalf of the State, produced, sworn and examined deposeth and saith: It was on Thursday, about the 18th day of October last, that Gallatin was taken by the Moi-mons. 1 reside in about a quarter of a mile of town. About one hundred Mormons, commanded by Captain Patten, as I have since learned, rushed into town; seven or eignt of the citizens were there, who im- mediately fled. A portion of the Mormons (about fifty) surrounded my house. They took a horse, saddle, and bridle out of my yard, belong- ing to John A. Williams of Daviess county. They attempted to take my mare also, but ultunalely agreed to let me have her; but they took my gun. I wished to know the name of the man who got it, so that I might get it at some future day. The Captain told me I need not ask lor names; for they would not be given; they then all went up into town, as they said, to attend to that store; shortly after, three or four of them returned to my house again; and one of them was Joel S. Miles, one of the defendants here; they came after a Mormon girl, who was at my house; and they told me that, if 1 belonged to neither party, I had better put off', and take the best of my property with me. After they left, I went up into town to see after some books, notes and accounts, 1 had up in town; but could not get hold of them, as they iiad been ta- ken. I met with one of the company, some distance from Stolling's store, who told me if I would go to 'Diahmoa I could get them, as well as a coat-pattern, which had also bean taken. This person advised me to go to 'Diahmon or Far West, for protection. I turned ofT from liim to return home. I looked towards the storehouse, and saw the smoke in the roof; and in a short time the. flames burst out of tiie top of the house. 1 thought it best then for me to put out, seeing they were burning. It alarmed me, and I fixed, and did start, that evening, leaving something like ;^'7O0 worth of property in my house. After I left, my iiouse was burnt, and the property gone. Since then, I have seen some of my property in a vacant house in 'Diahmon; some in a storehouse; some in a house said to be bishop Knight's; all in 'Diah- mon. These articles consisted of a clock, two glass jars, a box-coat, a paper of s(yews,some paints, a canister ot turpentine, and some planes,
141
chisels, squares, &c. These were I'ound since the surrender of arms in 'Diahmon, by the Mormons. Isaw a number of articles also in 'Diah- mon, at the time I was seeking after my property, which, 1 believe, were taken from StoUing's store, consisting of a leghorn bonnet, a cas- tor, screw and hinges or butts, which 1 knew belonged to Stollings. 1 saw a number of articles which had been concealed under giound, consisting of pots, ovens, and skillets; among them a pot belonging to myself. And further this deponent saith not.
GEO, W. WORTHINGTON.
Joseph H. llcGee, a witness for the State, produced, sworn, ami examined, deposeth and saith: On Thursday, the 18th day of October, 1 was at Mr. Worthington's, in Daviess county, when the Mormons made an attack upon Gallatin. J\lr. VVorthington had a pair of saddle- bags in my shop, (in Gallatin,) with notes and accounts in them; and he requested me to go up to the shop, and try to secure them. When f went up, the Mormons had broken open my shop, and taken them nut; one of them had put the saddle-bags on his horse, and 1 asked him lor them. He answered, that he had authority from Captain Slill to take them, and would not let me have them. He then told me 1 must go up to the store. 1 went along; and when I arrived there, Clark Hallett, one of the defendants, told him that he knew little Joe McGee; that there wasnoharrn in him, and to let him go. I was then turned loose. While at the store, 1 saw the Mormons taking the goods out of the store house, and packmg many of the articles off on their horses; a number u\' barrels and boxes were rolled out beiore the door. When these men who had goods packed beiore them, rode off', I heard a man, who remained at the store, halloo to one of them to send four wagons. 1 went down to Mr. Worthington's; and, in returning towards the jjiore again, a short time after, i saw the smoke and frames burstmg Irom the roof of the store house, and three men coming out of ihe house, who immediately rode ofl. The balance of the company liad just previously left, except two, who were at Mr. Yales's, a citizen there, guarding him. 1 heard Parley Pratt order the men to take out the goods before the house was set on fire. I also saw Joel S. Miles tiiere in the Mormon company. The following articles were taken «iut of my shop, in addition to Mr. Worthington's saddle-bags: two bed-quilts, a black broadcloth coat, three pair of pantaloons, two vests, a roundabout, two shirts, a pair of socks, a looking-glass, a pair of shoes, and some trimmings — sufh as thread, buttons, &c., all belong- ing to myself; 5* yards of broadcloth, with trimmings; also a vest pat- tern and trimmings, belonging to Mr. Worthington, and 2i yards of cloth, and the trimmings, belonging to James Handley ; also, 31 yards of cloth, and a vest pattern and trimmings, belonging to Mabcry Splawn; 7 yards of jeans and trirsmings belonging to Enoch Riggs; also, 4 yards of jeans and trimmings belonging to Thomas Gilbrath; also, 4 yards of jeans and trimmings belonging to Mr. Creekmore, and 3i yards of jeans and trimmings belonging to James Bleckley.
And further this deponent saith not. J. H. McGEE.
142
Joint Lockharl, a witness for the State, produced, sworn, and exam- ined, deposetli and saith: That he was in Bogart's company, and was one of the picket guard on the morning of tiie attack. Myself and the other guards were standing at the same tree, near the road, about a quarter ot a mile from the camp; and about day-break we discovered men approaching us in the road. When the front of them got within about 1 5 or 20 steps of us, the other guard raised his gun. I told him not to shoot, but to hail them. He hailed them, and asked "Who comes there?" They replied, "a friend;" but still moved on. I hailed the second time, and bade them to stand. I asked who was there; they answered, a friend. I asked them if they had any arms; they re- plied, a few. I told them to lay down their arms, and go off, and leave them; they told me to come and get them. I agairt told them to lay them down, and leave them; they made a noise with their guns, as if they were laying them down, and again called to us to come and get them. I could see clear enough to perceive that they had not laid down their guns, as they said they had done; but had them on their shoulders. At that time I discovered one of the men strike the ground with his sword, and immediately I heard a percussion cap burst with- out the gun's firing. I told the other guard to shoot; that they had bursted a cap at us; and immediately I raised my gun and fired — the other did not shoot. We then ran to the camp, where, in a few mo- ments, the Mormons arrived, and the action commenced.
When we were placed on guard, we had express orders to hail before we shot at any one. The company we hailed in the road was the same who attacked us. And further this deponent saith not.
JOHN XI LOCKHART. mark.
Porter Yak, a witness for the State, produced, sworn, ana exam- ined, deposetli and saith: I was at Gallatin, at my father's, when thel Mormons made an attack upon it and burnt it. When they surroun-; ded my father's house, they took two guns —one a shot gun, and one rifle. In going to the door, I saw one of them taking iiiy mare out of the stable. I went over to see what he was doing; who observed "that it was a pretty good mare," and was about putting a bridle upon her. jf told him, if she went, I would go along, (as I was determined to stick to my nag.) He replied, that he wanted me to go. I then caught my mare, and went with the company to 'Diahmon, where they kept m« two or three days. There appeared to be about 100 Mormons (at Gallatin ;) and a portion of them left with me for 'Diahmon, others were behind, coming on. Most of them had goods packed before them, on their horses, which had been taken from StoUings' store.
Two men went on ahead for wagons; and on my way to 'Diahmon we met two or three wagons, which they said were going after the goods. I left before the store was set on fire; but I heard same of the
143
company command to take all the goods out before setting the house on fire.
The following of the defendants were in this expedition to Gallatin: Ebenezer Page, Morris Phelps, and Joel S. iMiles. And the following of the defend'ants I saw at 'Diahmon, while I was there: Joseph Smith, jr., Lyman Wight, and James H. Rollins.
1 was in 'Diahmon three days, and during that time saw a great deal of plunder brought in. Companies went out every day. A great deal of honey was also brought in, also cattle and hogs — all which was call- ed consecrated property. I was a stranger to most of the men I saw.
And further this deponent saith not.
PORTER YALE.
Benjamin Slade, a witness for the State, produced, sworn, and ex- amined, deposeth and saith: I was at a meeting in the school-house in Far West, while the Mormon troops were in 'Diahmon, in the last ex- pedition. Alter the assembly had got into the house, a guard was pla- ced at ihe door. Mr. Rigdon got up, and, m a speech, said that the time had now come in which every man must take his pan in this war, and that they had been running away, and leaving Caldwell county, and that the last man had now left the county that should be allowed to do so. A tormal vote, by way of resolution, or covenant, was put — that, if any man attempted to leave the county, any one of the company then present wss to kill him, and say nothing aboat it, and throw him into the brush. When this was put to the vote, 1 heard no one vote against it. Rigdon then called for the negative vote, and said he wanted to see if any one dare vote against it. There was no nega- tive vote. There was other questions put and voted on; but I sat at the back part of the house, and did not distinctly hear what they were. I heard Mr. Rigdon say that "yesterday a man had slipped his wind, and was thrown in the brush;" and, said he, " the man that lisps It shall die." Several companies were called for, and made up at this meeting — a spy, provision, and wood company, &c.
And further this deponent saith not.
BENJAJiim SLADE,
[At this stage of the examination the following defendants, on mo- tion of the attorneys prosecuting on behalf of the State, were dis- charged, there being no evidence produced agamst them, viz: Amasa Lyman, John Buchannan, Andrew Whitlock, Alvin G. Tippetts, Jedediah Owens^ Isaac Morley, John J. Tanner, Daniel S. Thomas, Elisha Edwards, Benjamin Covey, David Frampton, Henry Zabriski, Allen J. Stout, Sheffield Daniels, Silas Manard, Anthony Bead, John T. Earl, Ebenezer Brown, James Newberry, Sylvester Hewlett, Chan- dler Halbrook, Martin C. Aired, and William Aired.]
Ezra Williams, a witness on behalf of the State, produced, sworn, and examined, deposeth and saith: I was m the last expedition to Da-
144
viess county, and saw tlie following of tlie defendants tliere, to wit: Joseph Smith jr.. Lyman Wight, Hiram Smith, George \V. Robinson, Parley P. Pratt, Jacob Gates, Jesse U. Hunter, George Grant, Francis Higbey, Geo. Kimbel, Morris Phelps, Norman Shearer, and layman Gibbs. And the followmg named defendant was in the fight with Bo- gart, viz: Norman Shearer.
I was in Captain Patten's company when he took Gallatin and rob- bed the store. The goods were packed ofi' (a great many of them) before the men, on their horses. My captain oiien gave me some, wliich I packed off beJore me, to 'Diahmon. They were deposited in a house on the river bank.
And further this deponent saith not.
EZRA WILLIAMS.
Addison F. Green, a witness for the State, produced, sworn, and ex- amined, deposeth and saith: The following of the deiendants were in the expedelion against Bogart,to wit: Lyman Gibbs, Norman Shearei, and Darwin Chase. I saw Joseph Smith, jr., Sidney Rigdon, Lyman Wight, and Francis Higbey, come riding up from towards Far West, meeting the company who had that morning fought with Bogart. They met the company near the timber of Log creek in Caldwell county. 1 was one ot the spy company from Far West; and the evening before the fight Captain Bogart had taken nie prison- er in Ray county, but released me the same evening, and told me 1 could go home; but I thought proper to remain with them in camp that night. I was at a meeting in Far West, the Saturday before the iight with Bogart, in which a spy and other companies were organized. 1 heard Sidney Rigdon (speaking of those who would attempt to leave the county at that time) say, "it was the duty of any present, if they saw such movements, to stop the men;" and if they persisted in-going, he said something about sending them to the other world to tell their hellish news, or something like this.
Tiie evening that 1 and one Pinckun were taken prisoners (who was liberated when 1 was,) our two horses were also. I knew of nobody about, who could have taken the news to Far West.
And further this deponent saith not.
A. F. GREEN.
John Taylor, a witness on behalf of the State, produced, sworn and examined, deposeth and saith: In the morning of the battle with Bo- gart, 1 was on the prairie a shoit time alter the battle, and saw the Mormon company on their return. 1 saw Lyman Gibbs one of the defendants, in the company . This was about one and a half mile from the battleground. Gibbs had arms, and charged me with being a mob; said lie knew I was, &c. his
And further this deponent saith not. JOHN ><1 TAYLOR.
mark.
[John Taylor lives in Ray county, near the Caldwell line.]
145
Timothy Lewis, a witness for the State, propuced, sworn, and exam- ined, deposeth and saith: I was at 'Diahmon during the last expedition to Daviess county. I remained in the place during the time the Mor- mon troops were there. I was out on none of their scouting parties, but saw a great deal of property and plunder brought in, which was said to be consecrated property by those who brought it in, as well as by others. Those who were active in plundering, said they intended to consecrate all the property in Daviess county, and take the county to themselves. They said there was no law in this State, but that a law was about to be established by a higher Power, to be given uy revela- tion.
The following of the defendants weie in the expedition to Daviess county: Alanson Ripley, David Peltigrew, and Joseph W. Younger. Alanson liipley resides in 'Diahmon, and is a surveyor. I saw hitn surveying, but did not see him take up arms.
And iurlher this deponent saith not. his
TIMOTHY H LEWIS, mark.
[Clark Hallett, one of the defendants, at this stage ©■f the examina- tion asked the court to assign him counsel, he not being able to employ counsel: whereupon the court assigned Messrs. Rees, Doniphan, and Williams, as counsel.]
Patrick Lynch, a witness for the State, produced, sworn and exam- ined, deposeih and saith: I was living in Gallatin, a clerk in Stoliing's store, when the Mormons took that place, which was about the middle of Octobei last. When the Mormons h?d approached to within fifty or one hundred yards of the storehouse, I left, having first locked the door, and deposited the key in my pocket. 1 ran into the brush, be- tween one hundred and two hundred yards of the storehouse, where I saw them taking the goods from the house; some were packed off on horses; and after that, when near half a mile off, 1 saw wagons, appa- rently loaded, which 1 believed to be goods from the store. I have found a number of articles taken from the store in 'Diahmon, since the surrender of arms there by the Mormons — such as tin-ware, paint- ed muslin, a piece of bleached domestic, a piece of brown cloth, a lady's cloak, three pair of scales, and a part of two sets of weights, a ledger and three day-books, and the notes of hand to the amount of perhaps ;f 300, were taken from the store. The books have not been recovered, but the notes I found in the house of Bishop Knight, at 'Di- ahmon, in the possession of his wife, except such notes as were on Mormons; these we have not recovered. In about three hours after the Mormons took Gallatin, I returned, and found the store-house burnt. The post office and treasurer's office were kept in the store- liouse, and the records, papers &c., belonging to each were either ta- ken oti" by the Mormons or consumed by ihe fire.
And further this deponent sailh not. PATRICK LYNCH.
10
146
[At this point, the attorneys for the State informed the court that ihey had closed the testimony on behalf of the Stale with the under- standing (which was agreed to by the defendants' counsel) that after the testimony on behalf of the defendants is closed, the State shall be at liberty to introduce John Riggs, Perry Keyes, John Grigg. and Jo- seph Free, witnesses on behalf of the State, if they shouldiiiake their appearance at or before that time.
The court infornied the prisoners that it would now proceed to take their examination without oath in relation to the ofience charged; and the said defendants declined making any statement. The court then proceeded to the examination of witnesses for the defendants, to wit:]
Malinda Porter, a witness for the defendants, produced;, sworn^and examined deposeth and sailh: I have been living in the family of Ly- man Wight for the last two years, as an inmate of the family. On Monday night of the arrival of the Mormon troops at 'Diahmon, in the last expedition to Daviess, I was at Lyman Wight's house; he was not absent from the house that night; his wife was sick, and a guard was placed around his house that night. Lyman Wijjht has two feather-beds, and one of them was taken away by an old lady, who, I was told, was a Mrs. Morgan, and who claimed it as hers. Of the bed taken away, the tick was striped, and pieced at one end; the stripes of the piece were crosswise. This bed has been in the family 'ever since I have lived in it. There were also some knives and I'orks taken from the house at the same time, and by the same person, which were the property of Lyman Wight; and three glass tumblers were also taken from his house, which was his property. During all the time that the Mormon troops were in 'Dinhmon, Colonel Wight re- mained in 'Diahmon, and was not out in any scouting party.
And further this deponent saith not.
MA LINDA PORTER.
Delia. F. Pine, a witness for the defendants, produced, sworn; and examined, deposeth and saith: I have been living in Lyman Wight's family since the 3lh of July last, and was at his house when the Mor- mon troops arrived at 'Diahmon, in the last expedition to Daviess. That night Lyman Wight remained at home all night. There was a bed in Wight's house, belonging to him, which was pieced at tire end,, and which has, since tiie surrender of the Mormons, been claimed and taken ofl" by a womnn, said to be a widow Morgan; also, she claimed and took some spoons, knives, and forks, which 1 knew were the pro- perty of Wight. I at no time have seen property at his house which did not belong to him. Lvman Wight never left 'Diahmon during the stay of the Mormon troops there, in the Inst expedit':on, which was during the whole time troops were in Daviess. And during the time they were in Daviess, I do not think Mr, Wight was out ol my sight,, at any time, more than an hour. It was Wednesday, before the snow fell, 1 thmk, that the Mormon troops arrived in 'Diahmon, and they
147
staid in Daviess about a week. From the time thn Mormoa troops leiurned from 'Diahmon to Far West, (who had been in Daviess during the snowstorm, and among whom I saw Joseph and Hiram Smith,) Lyman Wight never was out of 'Diahmon, until he went with the 'Di- ahmon troops to Far West, the day before the Mormon troops, as I un- derstood, surrendered to the mihtia; this last fact I am certain of. Mr. Wigtit's stable was in sight of his dwelling house, and he kept his horse there, and his saddle in the hoase; and during the stay of the Far West troops, as above, I am sure he did not saddle his horse, or
^■^ide, for I should iiave seen him had he done so.
/ And further this deponent saith not.
DELIA F. PINE.
Nancy Rigdon, a witness on behalf of the defendants, produced, sworn, and examined, deposeth and saith: I have heard Sampson Av- ard sa\' that he would swear to a lie to accomplish an object; that he had told many a lie, and would do so again. When George W. Robin- son went to Daviess, during the last expedition, he went after the troops had left Far West, and returned alter some and before others had returned. I saw Mr. Robinson when he returned, and he had no clock with him, nor have I seen any clock about the house, which was brought from Daviess county. In the morning of the fight with Bo- gart, I heard my father, Sidney Rigdon, say that Captain Patten's com- pany had gone down the night before to see about a mob. He was apprized ot their going at the time of their going; but 1 knew nothing of it till that morning, when a messenger came to my lather's, and in- formed him that there had been a fight. My father then started to meet the company, and to see those who were wounded.
And further this deponent saith not.
NANCY RIGDON.
Jonathan W. Barlow, a witness for the defendants, produced, sworn, and examined, deposeth and saith: I was at Joseph Smith, jr's. house the morning alter the battle with Captain Bogart. A messenger, (na- med, I think, Mr. Emmctt,) came early in the morning alter Smithy from Captain Patten, saying that Patten was wounded, and wished to see Smith. I caught Joseph Smitli and Lyman Wight's horses, who started off" together. (On cross-examination.) 1 did the feeding, wa- tering of horses, cutting of wood, &;c., about the place of Joseph Smitli, jr.; and on that evening (the evening before Bogarl's battle) I was absent Iroin the house on that business perhaps half an hour, and finished about dark. 1 was in the house from that time through the night, and was not out, that I remember of — at least not longer than to go a lew paces for a piil of water. Joseph Smith, jr., and Lyman Wight, were both in the house all the time, and were not absent that night, that I know of; and had they been absent before bed-time long enough to have gone to the square up in town, 1 should most likely have known it-, and I don't believe they were. Tliey went to bed be-
148
fore I did; and when I went to bed, I passed through their room, where they were; and this was about 9 o'clock, oi perhaps a little la- ter. 1 heard no talking nor passing through the house that night; had there been any, I should most likely have heard it. And further this deponent sailh not.
JONATHAN W. BARLOW.
Thoril Parsons, a. witness on behalf of the defendants, produced, sworn, and examined, deposelh and saith : I was living in Caldwell coun- ty at the time of the battle with Captain Bogart, on the head of the east fork of Log creek, and about five or six miles from the battle- ground. On the day before the fight, between 1 and 3 o'clock in the evening, a company of twenty-three, mostly armed m6n, came to my house; they inquired my name, and told me I must go away — that I must leave that place. I asked them where I should go; they answered that was my own lookout, and that ] must leave there by next day night. They were strangers, all to me; but 1 have seen the man since who had the command of them, and now think that it was Captain Bo- Mrt, as he looks like the man, having learned his name since. They further stated tome, that if they got the forces from Clinton coun- they expected, they would give Far West thunder and lightning be- fore the next day night. Ail that was saia tome, was sent immediate- ly to Far West. I think that Lieut. Cook v/as also of the company, and was ordered by the captain to go in and look for guns. I told him I had none, and he said he would take my word for it.
And further this deponent saith not.
THORIT PARSONS.
Ezra C/«;oman, a witness for the defendants, produced, sworn, aa<i examined, deposeth and saith: I was at Lyman Wight's house, sick, du- ling the late expedition to Daviess county, Lyman Wight was noiout of 'Diahmon on any expedition, nor did he command any cbmpany du- ring the stay of the Mormons at 'Diahmon, nor was he out of the iowd, to my recollection, during that time; had he been, I think I should most likely have known it. 1 saw a bed taken Irom Lyman Wight's house, after the surrender of arms by the Mormons at 'Diahmon, and claimed by the old lady who took it; the same bed I saw at Wight's, before the coming of the Mormons to 'Diahmon, During the stay of the Mormon troops at 'Diahmon, in the last expedition to Daviess, I am certain that Wight was not out of Diahmon half an hour at one time, for I think I saw him within every half hour at one time.
And further this deponent saith not.
EZRA CHiPiMAN.
Arza Judd,jr., a witness on behalf of the defendants, produced, sworn and examined, deposeth and saith: 1 was at the house of Thorit Parsons, in Caldwell county, on the day before the battle with Bogart; and a company of armed men (about twenty or upwards) came there
149
and, after asking me something about my faith, they ordered me to leave. Mr. Parsons asised whore should we go; and they answered that was our lookout. 1 do not know any of this company; they talk- ed something of giving Far West thunder and lightning before the aexl day night; they inquired for guns; and one, who seemed to com- mand the company, said, "we must make haste to ^o — Gilliam is to camp west of Far West to-night, and we must join him." And further deponent saith not.
ARZA JUDD, Jr.
[At this stage of the examination, the defendants by their counsel, informed the court that they had closed the examination of their wit- nesses. The follov;ing witness was then produced as rebutting testi- mony on behalf of the State, to-wit:]
Asa Cook, a witness for the State, produced, sworn an'! examined, deposeth and saith: That, on the day before the baltls with Bogart, I was in the edge of Caldwell; but heard no man, nor did I myself, or- der Thorit Parsons, or any other man, away (rom his home; I met with a man, in tlie road in Caldwell count}', going towards Far West, who said he was a Mormon. I told him to tell his leaders wlien he arrived fit Far West, that we were no mob, but militia, acting under General Atchison's order. After this man left us, myself and two others, who constituted my company, turned across the prairie to the timber on the iiead waters of Log creek, and, at a house in the edge of tiie timber, I met with a number of Capt. Bogart's company, to which I belonged; and I heard Mi'. Lockhart, one of the company, inquire (I think,) where Parsons lived; and I understood the answer to be, from the man of the house, that he lived lower down the creek. I never heard Capt. Bogart say any thing to this man, like ordering him olT. Capt. Bogart had learned that he might probably be attacked that night, and he was out on the edge of Caldwell, to discover if the Mormons werd making any movements indicating an intention to attack him. ^
There was a conversation (at the house, above referred to,) between John Lockhart and the man of the house, of a rough character, in re- lation to Parsons, as I understood it, but did not distinctly learn any thing said. I am Lieutenant of the company, and there were no or- ders given, nor was it understood that any member of the company was authorized, to order any citizens to leave their homes.
And lurther this deponent saith not.
ASA COOK.
At this point, the testimony on both sides closed, and the court be- ing satisfied that there is no probable cause for charging a portion of said prisoners, with the oflences alleged against them, to wit: King Follet, Benj. Jones, Geo. W. Morris, Elijah Newman, Moses Clawsoa and Daniel Shearer, they are accordingly discharged.
On motion of the circuit attorney, and it appearing to the satisfac-
150
tion of the court, that the oflences herein before named have been corTimilted,and ihat there is probable cause to believe thai said prison- ers are guilly thereof: that is to say there is probable cause to believe that Josepii Smith, jr., Lyman Wight, Hiram Smith, Alex. Mcllay and Caleb Baldwin, are guilty ol overt acts of Treason in Daviess county, (and for want of a jail in Daviess county.) said prisoners are commit- ted to the jail in Clay county to answer the charge aforesaid, in the county of Daviess, on the first Thursday in March next. It further appearing that oven acts of Treason have been committed in Cald- well county, and there being probable cause to believe Sidney Rigdon guilty thereof, the said Sidney Rigdon (for want of a sufficient jail in Caldwell county) is committed to the jail in Clay county to answer said cha)ge in Caldwell county, on the first Monday after the fourth Monday in March next. It further appearing that the murder of Moses Rowland, has been perpetrated m the county of Ray, and that there is probable cause to believe that Parley P. Pratt, Norman Shearer, Darwin Chase, Lyman Gibbs and Maurice Phelps, are guilly thereof. They are therefore committed to the Ray county jail, to answer said charge, on the second Monday m March next. It further appearing that the oflences of Arson, Burglary, Robbery, and Larceny, have been committed in Daviess county, and there being probable cause to believe George VV. Robinson, Alanson Ripley, Washington "\^ooihees, Sidney Tanner, Jacob Gates, Jos. Hunter, Geo. Grant, Thos. Rich, John S. Higbey, Lbenczer Page, Ebenezer Robinson, James M. Hen- derson, David Pettigrew, Edward Partridge, Francis Higbey, Geo. Kembie, Jos. W. Younger, Daniel Carn, James H. Rawlins, Lemuel Bent, Jonathan Dunham, Joel S. Miles and Clark Hallett, are guilty thereof, and the last mentioned oflences bailable, it is ordered that said defendants severally enter into a recognizance for their appearance on the first day of the next term of the Daviess circuit court, to be hol- den on the first Thursday after the fourth Monday in March next, each in the sum of ^•500, with security for the like amount, except George W. Robinson and Edward Partridge, who are required to give bail in the sum of §1,000 each, with gvod securil). for the like amount; and also Daniel Carn, who is required to give bail in the sum of §750, with good security for the like amount. Whereupon Edward Par- tridge, George W. Robinson, Jacob Gales, Sidney Tanner, Washing- ton Voorhees, James H. Rawlins, William Whitman and Joseph W. younger,severally entered into recognizunce as requested. The other defendants being unable to give sufficient bail, are committed to th« jail in Ray county — there being no sufficient jail in Daviess county.
AUSTIN A. KING. Judge 5th Judicial Circuit.
As Judge of the fifth Judicial Circuit, in the State of Missouri, and sitting as a court of inquiry against the above named defendants tor the several offences of Treason against the State, Murder, Burglary, Arson, Robbery and Larceny, 1 certify that the several wiinesMs
151
herein. before examined, were severally sworn by me according to law, and their examination taken by me, in the presence of the prisoners, and reduced to writing under my direction, and signed by said wit- nesses respectively, alter the same was read over to them, and that said examination was commenced by me on the 12th day of Novem- ber A. D. 1 838, and ended, and the prisoners disposed of by me, as herein before staled, on the 29lh of the same month.
AUSTIN A. KING, Judge &c.
Note. — By the Statute of Missouri, if the examining court should be of opinion from the evidence, that an offence, as ciiarged, had been comrniaed, and that there was probable ground to charge the prisoner therewith, it is the duty of the court to commit or bind the prisoner over tn the next eourt, at which time the charge is to be inveBtiga- led by a grand jury.
The above prisoners were subsequently indicted as charged above.
O. H. Searcy to General Clark.
Gen. Clare: — I think you have now all the testimony. Col. Price informed me, that youraid and himself transcribed the testimony of W. W. Phelps and Reed Peck. If any is wanting, it is John Cleminson's, but I think I transcribed that in the book you took down with you- Below I give you a list of the witnesses, in the order they were exam- ined— if the testimony of any are lacking, I will transcribe it for you. I remain, respectfully.
Yours, &c.,
O. H. SEARCY.
List of witnesses for the State.
Sampson Avard, Wyatt Cravens, Gen. Atchison's order, Nehemiah Odle, Capt. Sarnuel Bogart, Maurice Phelps, John Corrill, Robert Snod- grass, George Walton, George M. Hinkle, James C. Owens, Nathaniel Carr, Abner Scovell, John Cleminson, Reed Peck, James C. Owens, re-examined, William Splawn, Thomas M. Odle, John Raglin, Allen Rathbun, Jeremiah Myers, Andrew J. Job, Freeburn H. Gardner, Burr Riggs, Elisha Camron, Charles Bleckley, James Cobb, Jesse Kelly, Addison Price, Samuel Kimbel, Wm. W.'Phelps, John Whitmer, James B. Turnur, George W. Worthington, Joseph H. McGee, John Lock- hart, Porter Yale, Benja,nin Slado, Ezra Williams, Addison F. Green, John Taylor, Timothy Lewis and Patrick Lynch.
Witnesses for the Defendants.
MaJinda Porter, Delia F. Pine, Nancy Rigdon, Jonathan W. BarJow, Thorit Parsons, Ezra Chipman and Arza Judd, jr.
Rebutting testimony for tlte State-
Asa Ck)ok.
CERTIFICATES.
> •
In compliance with the instruction of the joint committee, the Sec- retary of Slate addressed to the clerks of the circuit courts of the counties of Boone, Caldwell, Daviess and Ray, the following letter:
Office of Secretary of State, City of Jeflerson, )
Feoruary 23, 1841. \
To the clerk of the circuit court of Boone county.
Sir:— By a resolution of the last General Assembly, the Secretary of State was required to have published, in pamphlet form, a number of copies of the evidence taken before the Examining Court, at Rich- mond, in relation to the Mormon difficulties, and such of the letters, orders and correspondence on that subject, on file in this office, as might be selected by a joint committee of the two Houses of the Gen- eral Assembly.
In the report of that committee, which has been made to me, they express the opinion that the Secretary of State should procure from the clerks of the circuit courts of Boone and other counties, a general certificate, as to
1st. Who of the Mormons were indicted.
2d. For what crime.
3d. What was the final disposition of said indictments.
First. Whether they (the indictments) were disposed of by trial or dismissed; or.
Second. In any case was a trial prevented by the escape of the pris- oner, or the forfeiture of his recognizance, or from any other cause.
In order to carry this opinion into full effect, let me request you to transmit to me, at your earliest convenience, a certificate embracing in full the above particulars.
As such information will serve to render more clear and striking many of the facts, detailed in the testimony, (which is on file in this office,) and will thereby assist in clearing the aspersions which are now so industriously circulated against our State, in consequence of these disturbances, I trust that you will loose no time in preparing your cer- tificate for publication, which, it is desirable, should be made at a period as early as possible.
I am, very respectfully.
Your obedient servant,
JAMES L. MINOR, Secretary of State.
163
STATE OF MISSOURI,) ^^
County of Boone, )
I, Roger N. Todd, Clerk of the Boone Circuit Court, ia obedience to a request from the Secretary of State, do hereby certify, that the fol- lowing persons were indicted in the Daviess Circuit Court, for the fol- lowing crimes, and that a change of venue was granted them to the county of Boone, as appears from the records, certified from the Da- viess Circuit Court:
State of Missouri, i
vs. > Indictment for obstructing process.
Lyman Wight and Wm. Osburn,^
Who were ordered by the Daviess Circuit Court, to be taken by tha sheriti'of said county, to the jail in the county of Boone, there to await their trial, which said defendants were not delivered, and this cause was dismissed, after remaining on the docket for some time, the defendants not appearing. ^
Slate of Missouri^
^
Jacob Gates, Hiram Smith, Thomas Rich, Jo- seph Smith, jr., Lyman Wight, E. Robinson, Wm. Whileman, Lemuel Bent, Joseph W. Younger, David Pettigrew, Edward Par- tridge, Geo. W. Robinson, Washingtjn Voor- hecs, Jesse D. Hunter, Jas. H. Raivlins, Sid- ney T<7n7ier, David Corn, ^'^i('''-'o«- ^Vh^ li^A-.^tmentioTlreasoa Jas. Worthing ton, George W. Harris, Alex, f McRay, Ebenezer Brunson, Thos. D. March, | James Durphcy, Perry Durphey,, Geo. Hinkle, Arthur Morrison, Elias Higbey, Parley P. Pratt, Reynolds Calhoun, Vncent Knight, G-eo. Morey, Dayiiel Cam, Caleb Baldwin, Ebenezer Page, Finley Page, Rosewell Ste- pliens, Jabez Durphey, Moses Dailey, BenJ. Durphey and James Whittaker.
From the records sent to this court, it appears that Jos. Smith, jr., Lyman Wight, Hiram Smith, Caleb Baldwin and Alex. McRay, were ordered to be taken by the sheriff of Daviess county to the jail in the county of Boone, there to await their trial, on a change ol venue from Daviess to Boone county, which was not done, and there being no re- cognizance or; file, in my office, against the other defendants, and this eause, having been continued some time on the docket, and no defend- ant appearing, was dismissed.
154
State of Missouri,
vs.
Caleb Baldmn, Arthur Morrison, Ellas Higher/, Tlios. D. March, Lyman Wight, Ebenezer f Brunson, Jos. Smith, jr., Jesse D. Hunter and \ Parley P. Pratt. )
^Indictment for arsoa
In this cause, tlie defendants, Jos. Smith, jr., Lyman Wight and Caleb Baldwin, were ordered to be removed to the jail in Boone county for trial, which order, however, was not complied with, and there beingno recognizance on file, in my office, against the other defendnnts, and the cause, after being continued for some time on the docket, was dis- raiflsed.
State of Missouri, ^
vs. Jacob Gates, Hiram Smith, Thomas Rich, Jo- seph Smith, jr., Lyman Wight, E. Robinson, Wm. WInteman, Lamuel Bent, Jos. Younger, David Pettigretv, Edward Partridge, Geo. W. Robinson, Washington Voorhecr, Jame^ ^Indictment for arson. H. Rawlins, Stdvey Tanner, David Cran, Alanson Ripley, Jus. Worihington, Geo. W. Harris, Alex. McRay, Ebenezer Brunson, Thos. D. March, Jas. Durphey, Parley P. Pratt, Reynolds Calhoun and Jesse D. Hun-
ter.
J
In this cause, the defendants Joseph Smith, jr., Lyman Wight, Hi- ram Smith and Alex. McKay, were ordered to be removed to the jail in Boone county for trial, and there being no recognizance on file, in my office, (iga ins t the other defendants, and the order for removmg them, however, was not complied with, the cause after being continued for some lime on the docket, was dismissed.
Stale of Missouri, vs. Jos. Smith, jr., Lyman Wight, Moses Dailey, Joseph Younger, Perry Durphey, Ephraini
Owens, John Lemmon, James Whitlaker, yindictmenl for riot. Alanson Brown, James Bingham Amos Tubbs, Absalom Sentchfield, William Ald- ridge, George Smith and Caleb Bald- win.
The defendants, Joseph Smith, jr., Caleb Baldwin and Lyman Wight, were ordered by the court in Daviess county, to be removed to the county jail m Boone for trial, and there being no recognizance on fiSe,
155
in my office, against the other defendants, this cause was dismissed, af- ter being coniinued on ihe docket for some time, there being no ap- pearance of the defendants.
State of Missouri, i
vs. > Indictment for receiving goods.
Joseph Smith, jr., 3
Which said defendant was ordered by the court, to be removed t(» the county of Eoone for his trial, which order, however, was not com- plied with, and alter having this cause continued for some time on the docket, was dismissed, ihe defendant not appearing. ^
State of Missouri, "^
vs. [ Indictment for lar-
James Worihington, Cornelius D. Loit, Joseph ^ ceny.
Smith, jr., and LyriKin Wight. J
The said Lyman Wight and Joseph Smith, jr., were ordered to be removed to the jail in ihe county of Boone, from the county of Davi- ess, which order was not complied with, and tliere Deing no recognv- eance on file, in my office, against the other defendants, the cause was dismissed, alter hiiving been coniinued on thn docket for some time,' there being no appearance of the defendants.
Stale of Missouri, ^
' vs. ! Inictment for
ParkvP. Pratt, Maurice Phelps and Lyman [ murder.
Gibhs. j
This cause was removed from the county of Ray to the county of Boone, by a change of venue, and the said defendants were removed to the jail in the count v of iJoone, from which said jail, the said Parley P. Pratt and Maurice Phelps made their escape, and this cause v/as dis- missed.
As to the other defendant, Lyman Gibbs, he was discharged from cus- tody, and after continuing this cause on the docket for some tinic, it was dismissed.
Stale of Missouri, )
vs. > Indictment for robbery-
King Folleti. )
This cause was also removed to Boone county, by a change of ven- ue, and the defendant removed to the jail in Boone county, and having Ik&d a trial, was acquitted and discharged from custody.
. • 156
State of Missouri, ' ' -^
vs. Caleb Baldwin, Washington VoorJiees, Jas. Worthinfflon, George A. Smith, Moses
Dailey, Wm. A/dridge, Absalom Sentch- )>lQdictment for burglarjr . field, Amos Tubbs, Perry Durphey, Jas. Bingham, Ephraim Owens, John Lem- mons, James Whittaker, Alanson Brown, Jas. Wilson, Jno. Wood and A. McRay.
Which said suit was continued for some time, and dismissed, the de- fendants not appearing, and no recognizance on file, in my office, against them.
I do further certify, that the above and foregoing, contains a list of all the Mormons who were indicted, and their cause removed to Boone county for trial, by a change of venue, as appears from the records of the Boone Circuit Court, and the disposition of each of the causes, above t set forth.
,-^_A_<r> In witness whereof. I have hereunto set my
C } hand, and affixed the seal of the Boone Cir-
<ii. S.> cuit Court, at office, in Columbia, on this 6th
( ) day of March, 184 1.
ROGER N. TODD, ClerL
Gallatin, Daviess County, Mo., March 18th, 1841. To James L. Minor, Secretary of State.
Sib: — In compliance with your request of the 23d February, I has- ten to lay before you a statement of, 1st., xvho of the Mormons were indicted in our Daviess circuit court, 2ad., for what crimes, 3rd., what was the final disposition of said indictments, &,c.
1st. Jacob Gates, Hiram Smith, Thos. Rich, Joseph Smith, jr., Ly- man Wight, E. Robinson, Wm. Whiteman, Lemuel Bent, Joseph W. Younger, David Pettigrew, Edward Partridge, Geo. W. Robinson, Washington Voorhees, Jesse D. Hunter, Jas. H. Rawlins, Sidney Tanner, David Carn, Alanson Ripley, Jas. Worthington, George W. Hains, A.lex. McRay, Zeno Brunson, Thos. D. March, Jas. Durphey, Perry Durphey, Geo. Hinkle, Arthur Morrison, Elias Higbey, Parley P. Pratt, Reynolds Calhoun, Vincent Knight, Geo. Morey, Daniel Carn, Culeb Baldwin, Ebenezer Page, Finley Page, Roswell Stephens, Jabez Durphey, Moses Dailey, Benjamin Durphey and James Whittaker, were
\
157
all indicted in our court at April term, 1839, for treason, and JacoH Gates, Hiram Smith, Tiios. Ricii, Jos. Smith, jr., Lyman Wight, E. Robinson, \Vni. Whiteman, Lemuel Bent, Jos. W. Younger, David Pettigrew, Edward Partridge, Geo. VV. Robinson, Washingltin Voor- hees, Jesse D. Hunter, James IL Rawlins, Sidney Tanner, D^vid Carn, Aianson Ripley, Jame^s Worlhington, Geo. W. Harris, Alex. McRay, Zcno Brunson, Thos. D. March, James Duiphey, Parley P. Pratt, Geo. Hinkle, and Reynolds Calhoun were all indicted at l)»e same term of said court, for arson.
And Caleb Baldwin, Washington Voorhees, James Worthington, George A. Smith, Moses Dailey, William Ahidge, Absolom Sentchfield. Amos Tubbs, Perry Durphey, James Bmgham, Ephraini Owens, John Lemmon, James Whitlaker, Aianson Brown, James Wilson, John Wood, and Alexander McRay, were all indicted for burglary at the same term of said court.
And Jesse D. Hunter, Alfred Brunson, James H. Rawlins, Maurioe Phelps, and Darwin Chase, were all indicted for burglary at the same term of our said court.
And Cornelius P. Lott, James Worthington, Joseph Smith, jr., and Lyman Wight, were all indicted for larceny at our said court, at same term.
And Arthur Morrison, Caleb Baldwin, Elias Higbey, Thomas D. March, Lyman Wight, Zcno Biunson, Joseph Smith, jr., Jesse D. Hun- ter and Parley P. Pratt, were all indicted for arson at the same term of our said court.
And Cornelius P. Lott, was indicted at the same term of our said court, for horse stealing; and Jos. Smith, jr., was indicted at the same term of our said court for receiving stolen goods.
And Joseph Smith, jr., Lyman Wight, Moses Dailey, Joseph W. Younger, Perry Durphey, Ephraim Owens, John Lemmoii, James Whittaker, Aianson Brown, James Bingham, Amos Tubbs, Absalom Sentchfield, William Alridge, George Smith, and Caleb Baldwin, were indicted for riot, at the same term of our said court.
And Lyman Wight and William Osburn, were indicted at the san*o term of said court for obstructing execution of process.
A change of venue was granted by our said court at said April term, to Jos. Snath, jr., Lyman Wight, Hiram Smith, Caleb Baldwin and Alex. McRay, in all the foregoing cases in which they are parties, to the circuit court of Boone county, in this State, the said last named defendants being in the custody of the sheritfof Daviess county, who was commanded by our said court to convey the said defendants to the jail of said county of Boone, and the said sheritf returned the several orders of commitment into our said court, at the next ensuing term thereof, with a certificate of the escape of said Joseph Smith, jr., Ly- man Wight, Hiram Smith, Caleb Baldwin and Alex. McRay, endorsed ihereon. And writs of capias were issued against all the other oefen- dantsin the foregoing indictments, immediately after the finding of the ga/ne, and they were all returned at the next succeeding term of our
158
said Gourt without any service, none of the aforesaid defendants being found in the county of Daviess, an. 1 the said causes were all continued until the next succeeding December term, 1839, at which time a nolle proseqili was entered in each of the above causes, except those in which a change of venue as aforesaid were taken.
The following defendants were recognized by the Hon. Austin A. King, sitting as a conimitting court, in the town of Iliclimond in Ray county, ih November and December, 1838, lor their appearance at the April term, 1839, of the Daviess circuit court, to answer charges of arson, burglary, robbery and larceny, which recognizances were all for- feited, at said April term, of Daviess circuit court, to wit: William Whiteman, Sidney Tanner, Alanson liiply, Daniel Carn, Thomas Rich, James H. Rawlins, Edward Partridge, Jesse D. Hunter, Wash- ington Voorhees, David Peltigrevv, Ebenezer iiobinson, Lemuel Bent, Jacob Gates, Geo. W. Robinson and Jos. W. Younger.
The following defendants were recognized before John Wright and Elijah Foley, two justices of the peace in and for Daviess county on the 1 8th September, 1838, for their appearance at tiie circuit court of said county, next to be holden, then and there to answer to a charge of riot, which recognizances were all forfeited at April term, of Da- viess circuit court, 1839, to wit: Alanson Riply, Geo. A. Smith, Moses Dailey, Wm. Alridge, Absalom Sentchfield, Amos Tubbs, Perry Dur- phey,' James Bingham, Joseph W. Younger, Ephraim Owens, John LemmoH, James Whittaker and Alanson Brown.
The fol'owing defendants, Henry H. Belt, Henry Johnson, All Bag- ly,Jas. Wilson, John Wood, and Henry Almstead, were recognized by Philip Covington, a Justice of the Peace, within and for Daviess county, on the 29th September, 1838, for their appearance at the next terra of our Daviess Circuit Court, to answer a charge for misdemean- ors, which recognizances were all forfeited at the April term, 1839, o our said court.
Lyman Wight was recognized by John Wright and Elisha Foley, two Justices of the Peace as aforesaid, on the 18th day of Sept. 1838, foi his appearance at the next Circuit Court of the county of Daviess, t« answer to two several indictments to be preferred to the (7 rand Jurj against him, said Wight, who appeared in discharge of said recogni zance, he being in custody of the sherifl", and brought into Court undo a charge of Treason, as before stated.
Jos. Smith, jr. and Lyman Wight were recognized, in the county o Daviess on the 7th day of September, 1838, by the Hon. Austin A. King, for their appearance at the next succeeding term o( Daviess Circuit Court, to answer to an indictment to be preferred to the Grand Jurv against them for a misdemeanor, who both appeared in discharge of this recognizance, they being in custody of the sherill', on a charge of Treason aa above stated.
Alt of the above forfeited recognizance, were prosecuted to final judgment at the December, term, 1839, of our said Daviess court, and executions issued on the same, and they were returned nl April tens
159
1840, with neither the defendants, nor any property of theirs found ia Daviess county.
STATE OF 311SS0URn
(Jounly of Daviess. > SS,
1, Robert Wilson, Clerk of the Circuit Court, within and for the County and State aforesaid, do hereby certify that all the statements made on the foregoing pages are true, and have been carefully collect- *d from the records ot our said Court.
In testimony whereof, I have hereunto set my hand, with my private seal affixed, there being [I/. S.y no official seal yet provided, at Gallatin, the
18th day ol March, A. D., 1041.
ROBERT WILSON, Clerk.
'i
! here append certain testimony, which is on file in tliis office, taken before John Wright, and Elijah Foley, Justices of the peace, setting as a Commiuing Court on the ISihol September. 1C33, in Daviess coun- ty, and said testimony committed to writing by llie late Hon. Th. C. Burch, then Circuit Attorney in this Judicial Circuit, which is as foU !ows, to wit:
Examination of Alanson Ripley, Georgo A. Smith, Moses Dailey, William Alridge, Absalom Sentchfield, Amos Tubbs, Perry Durphey, James Bingham, Joseph W. Younger, Epiiraim Owens, John fjemmon, JamesVVhit taker and Alanson Brown, taken beiore us. JohnWright and Elijah Foley, two justices of the peace, within and for the county of Daviess, in ihe State of Missouri, on the 1 8lh day ot September, 1838, upon a charge of having upi>n the 8th day of August, 1838, at said county of Daviess, with others unlawfully assembled, and surrouuded the house of Adam Black, and blocked up the doors of the dwelling house of said Black, and threatened the life of said Black, and other citizens of said county of Diviess.
Adam BLrck, of lawful age, being produced sworn and examined as a witness on the part of the State, deposeth and saith: thai in the morning between nine and ten o'clock, Lyman Wight and some of the above named gentlemen and others, amounting to about 17, well armed, came in about ten steps of his door, and called him to come out to the fence. He refused going out, and inviied them to get down, and come to the house. They refused alighting, saying they had not time. Lyman Wight said he had come to see the witness, that he had some talk for him; he then went out to him, and he said they )iad come to see the witness, to get him to sign an obligation, binding him, said witness, to do them justice as justice of tlie peace; witness refused to do so, and told hmi that if his oath and the laws of the country did not bind him, a writtea obligation would be no more binding, and told
160 >
him if he or his company had been injured in any way, he, the witness, would issue process, and bring tlie offenders to jusiice. Something may have passed between witness and said Wight, before witness iwade the last mentioned remaric, but it any thing was said witness does not rememiier what it was, at present; said Wight replied that they had been mobbed away from the poll books on iMonday before, and prevented Jrom using their republican privileges of voting, and that his lile had been threatened, and he did not intend standing it any longer, he intended having satisfaction for the Planner in which hia people had been treated. Here something passed that is not particu- larly recollected by the witness, and said Wight said that William Bowman had threatened to cut his throat from ear to ear. The wit- ness asked him for his author, and he refused lo give it, but said it was a respectable man. Witness then told him if he was afraid of his life, and would make oath of it, he would have Mr. Bowman brought for- ward, and dealt with according to law. He replied he was afraid of no man, and would not make oath that he was afraid of any man; wit- ness told him if he would not, he could do nothing for him in that rase. At some time in the conversation, when said Wight was complaining ©f the treatment of his people at the election, witness told him that his people were the first to raise a deadly weapon, and that he consid- ered them as niech to blame as others. He disputed it and called on some of his men that were present and proved the reverse — he thinks Hervey Ohnstead, and is confident that John L. Butler staled that it was not as « itness stated.
Witness then stated that Esquire Covington and himself had been consulted, and had concluded to bring up all the offenders at the elec- tion, and have them tried, but thougbt it advisable to defer it for a fevr days, until the excitement was allayed. At that time, or about then, said Wight replied, that he did not intend to be tried by the civil au- thority, he intended having satisfaction for the way they had been treated by the force of arms — he intended having blood for the blood his people had spilled at the election — that he had onee tried the civil authority in Jackson county, and that they had lost about §'100,000, and that he did not intend to try the civil authority any more: that Gov. Dunklin had issued his Proclamation very iavorably towards them, but had not complied with it, and he did not intend to try the Government any longer: that they were able to defend themselves, and intended to have their rights. Before this, witness had told said Wight, that the Governor was bound to protect them. Said Wight said he could not put confidence in our Governor at this time, and referred to him as being at the head of the mob in Jackson county; he also said he would love to have \ pull at the Governor, or disregarded him. Witness thinks, the first he took, as the expression of a threat. Some liii^e in the conversation, witness asked said Wight why he wanted him more than any one else in the county to sign an obligation? He said he intended to go to all the civil and military officers in the county, and they all should sign a similar obligation, and that those who did not do it should be shot down or cut off.
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About this time a writing was drawn from some of their pockets, and some of them remarked it was not worth while to be losing time, about it, and handed it to witness, who reiused to take il, saying lie would not sign their obligation, but then said he would take it and read it, if it would be any satisfaction to them, and took it and went into the house and handed it to Mr. Ripley, who read it over, and witness said he could not sign any such obligation. Some words then passed, not recollected at this time, and they leit the witness's house, saying they were going to see Captain Bowman, Col. Peiiiston, and otheis, and ihdt they should sign that obligation. When they got on their horses, witness said, gentlemen, I don't want you to go otl and say that I re- iused to issue you civil process. Cornelius Lott turned on his horse, and one or two of the others saying, '■ You black son of a bitch, don"t you impeach us with lying." Witness replied lie was not impeacluHg them with lying, but only requesting them not to lie. He replied, "you mob, you black son of a bitch, shut your head, or I'll cut it off, or take your iiead." Witness then lold them to put otT, that he did not believe m being iusulted in his own house in that manner, and they went oli' muttering something that witness did no* understand. Tliey said the cause of their coming was that they had heard that two or three of their men had been killed at the election, and that they had heard that a mob of about 30 men were to be at witness's house that day. Wit- ness replied to Mr. Wight, thavhe knew belter, that he was at the elec- tion himself late in the evening after the afl'ray was over. Witness asked him who told him there was to be a mob at his house, and he replied he did not know, but it was a respectable man. They remain- ed absent about half an hour, and returned with about l54 men, Iroin the best information witness could obtain, and approached wit- ness's house, and surrounded it, and blocked up his doors. A Mr. Avard, who came in loremost, asked if witness was at home. Witness replied he was. Avard then stepped obliquely to witness, drew a piece of paper out ol his pocket, and said, we have come to be plain with you, the only alternative is for you to sign this obligation; and wit- ness refused to do it. He then said if witness reiused to do it, he would cut him down, or shoot him down. Witness told him it was an unlawful and unjust request. He then said, we believe, from words that have dropped from your lips heretofore, that you are in a mob against us. At that time, Mr. Wight or Mr. Avard, or some other one asked him, if he knew Air. Smith? He replied that he did not, but would like to know the gentlemen, and if he was there he would like to iscehiin. Smith was then introduced to him. He said to him. Smith, that he would like for him to take a seat and have a conversation with him, he would like to know his object in surrounding his house with an armed force of men in that manner. Smith said they had come merely tor the purpose of getting witness to sign an obligation, and a consid- erable argument ensued between them about the pi'opriety of witness signing the obligation. Witness told him he conid sign no such ob'iga- !ion, that it was an unjust and unlawful act of theirs to attempt to com. il
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pel him to do so; that he was at their service, they could sacrifice him, or do as they thought proper, but he would sign no such obligation; that they had him surrounded with an armed force, and he was desti- tute of arms. At that time Mr. Smith, Mr. Avard, and he thinks Ly- man Wight, put their hands to their swords, and said, witness could have their swords. He replied he had no use for ihem, that they could keep them. They still urged him to sign their obligation. He still lefused, and called on them as christians, and said if they were the lat- ter day saints they must be christians, and said their making ol him an unjust request, and that they were not bound in any manner to in- terrupt the citizens of Uaviess county, and requested a list of all their names. They then said they were willing for witness to draw an in- strument of his own, and they would then come into an obligation with liim, and witness seeing the situation of his family, told them he would give them an obligation under his hand, if it would be of any satisfac- tion to them, and told them he would give them a certificate to about the following effect:
"I, Adam Black a justice of the peace, within and for Daviess county, do hereby certify that 1 will support the constitution of this State, and of the U. States, and will support no mob, that I am not attached to any mob, and will not attach myself to any such people." Some ol the company seemed to think it was sufficient, but it was objected to by others, and witness said, if it wouldJse more satisfactory, he would add another sentence to it, as follovys: •' That I will not molest the people called Mormons, and they will not molest me" or, " if they %vill not molest me." He signed, and handed it to them and they ap- peared to be satisfied with it; they then said. Dr. Avard speaking: Now we are going down to see the Col. of your county. Col. Penis- ton and Capt. Bowman, and will soon settle the business with them, and said a common excuse would not let them oft", they must make some great acknowledgment for their threats, and if they did not, they would take their lives or shoot them down, or could shoot them down. Dr. Avard said he could shoot a man who would not sign that obliga- tion, or that would oppose him, or be in a mob against him, and drink his heart's blood. VVitness said to Avard, you must be of a sav- age nature; and he replied he was, that he was an old Virginian, that it was his disposition and he could not help it. Witness then asked Mr. Smith, if he protected Dr. Avard in his savage disposition, or if he possessed such a heart? he replied no. When they were at his house the second time they repeated that they would go through the count V, and compel every officer, civil and military, to sign a similar paper, or that they should sign that paper.
Questioned by Moses Dailey, one of the defendants. Do you recol- lect seeing me at your house that day, oral any other time?
Answer. I do not.
Question, by same. Do you recollect ever to have seen me on the north side of the Grand River t
Answer. I do not.
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The examination then adjourned '.ill ten o'clock lomovrow morning.
P. S. The defendants appeared before said Court, on the following morning, and voluntarily proposed to enter into recognizance, and were recognized accordingly, without prosecuting the examination any further.
The writer of this was present during the whole proceedings.
STATE OF MISSOURI,^
Vounly of Daviess. > SS,
I, Robert Wilson, Clerk of the Circuit Court, of the County afore- said, do hereby certify that the above and foregoing is a true copy ot the testimony, which it purports to be, now on file in my office.
^.x-A^^N In testimony whereof, I have hereunto set my
( i hand, with my private seal affixed, there being
<L. SS no official seal yet provided, at Gallatin, the
( S 18th day of March, A. D., 1841.
. ^^v^ ROBERT WILSON, Clerk.
STATE OF MISSOURI,) ^.^
County of Caldwell^ \
Be it remembered, that from the records and papers on file in the Caldwell Circuit Court, it appears, that Sidney Rigdon was committed to jail, on a charge of treason against the State — committed in Cald- well county — for want uf a jail in Caldwell county, he was sent to the jail in Clay county. It further appears, from the recognizance on file, that he was admitted to bail on habeas coj-pus, by a Justice of the Clay county Court. That afterwards, at the Caldwell Circuit Court, March terui, 1839, said Rigdon was indicted for treason— ^he failed to appear, and his recognizance was forfeited. Said Rigdon, and his bail left the State, and no other steps have been taken, as appears from the record.
In testimony whereof, 1 have hereunto set my hand, and affixed the seal of said Court, at [L, S.)> " office, this, the 19ih day of March, A. D.,
1841,
ELLIOTT ROBERTS, Clerk,
s
Note. — No cer'.ifjcale has baen received from Ray cowinty.
Office OF Secretart OF State, City of Jefferson,
1, James L. Minor, Secretary of State, of the State of Missouri, do hereby certify that the foregoing sheets contain true and correct copies of tlie evidence, orders, letters, <&c., from the papers filed in this office.
JAS. L. MINOR, Secretary of. State,